QUESTION

Is there any way around this other than foreclosure?

Asked on Aug 28th, 2013 on Bankruptcy - Texas
More details to this question:
We filed a Chapter 7 bankruptcy in 2010 and did not reaffirm the mortgage, seeing we did not reaffirm they will not refinance our house and they are not reporting our timely payments to the credit bureau, so we are going to walk away. We have found a new house but cannot obtain a new mortgage until our name is off the loan. So we asked to do a deed in lieu and they said we have to list for 90 days. Then we can start the process, which can take another 90 days. The mortgage company also stated that we could have to pay them for the difference (seeing we owe more on the house than itโ€™s worth, is this also true?)
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8 ANSWERS

You don't have to pay them the difference. They can sue you for the difference, and then you can deal with it in that lawsuit.
Answered on Oct 09th, 2013 at 3:39 AM

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Litigation Attorney serving Stockton, CA at Patrick Jay Edaburn
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Assuming the mortgage was listed in the bankruptcy and you did not reaffirm the debt then you should not be liable for the debt.
Answered on Sep 12th, 2013 at 1:13 PM

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Deborah F. Bowinski
Well, there are a few misunderstandings here. The fact that your payments are not being reported to credit bureaus does not mean that try are not being received and credited. Technically the loan was discharged, and many lenders take the view that there are no required payments to report. The payments you make are "voluntary". If the current lender will not refinance then you could always try to find a new lender there is no requirement that you stay with your current lender. If what you really are talking about is a loan modification, you may still be able to get one if you are persistent in finding the right people and if you are actually eligible for one. As for purchasing a new home, you might want to try to sell the property rather than let it foreclose. Foreclosures make it very difficult to find financing without a significant waiting period. If the lender will accept a deed in lieu that would be great, but there is no way to force them to do that. If they say you must list the home for 90 days, then speak to a realtor ASAP. If no offers come in for full price you might try a short sale. Not great, but still better than a foreclosure, and a foreclosure is not likely to be a quick and speedy thing.
Answered on Sep 12th, 2013 at 1:12 PM

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Bankruptcy Attorney serving Las Vegas, NV at A Fresh Start
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A deed in lieu is asking the mortgage company to do a favor for you so they are entitled to ask for whatever they wish in exchange for this favor. I suspect you might do better with a short sale instead.
Answered on Sep 12th, 2013 at 1:12 PM

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Personal Injury Attorney serving Glendale, CA at JT Legal Group
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You should not rely on my advice, it's only an opinion and if I had a chance to look into everything you've said my answer could change. Always get a lawyer to help is my motto because in hindsight, they are cheap! Any personal obligation you have on the property is wiped away, so you do not have to pay for any deficiency. Note, HOA fees are still owed by you until you have left the property AND title has changed. We have a company set up that we deed properties to but assuming you want something quick and cheap maybe you can find someone with bad credit who will gladly accept the property from you? Then deed it to them. You don't have any personal obligations on the house that's why you don't care about the benefits of a deed in lieu.
Answered on Sep 12th, 2013 at 1:12 PM

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Bankruptcy Attorney serving Las Vegas, NV
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You have discharged your obligation to pay any deficiency resulting from the sale or foreclosure of your home. You can either do a deed in Lou or a short sale. Either option requires the banks consent.
Answered on Sep 12th, 2013 at 1:10 PM

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Personal Bankruptcy Attorney serving Portland, OR
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Your bankruptcy discharged your obligation on the mortgage note. So, if you walk away from the house the lender cannot come after you for any deficiency balance.
Answered on Sep 12th, 2013 at 1:10 PM

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Bankruptcy Law Attorney serving Austin, TX at Law Office of Susan G. Taylor
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You need to be careful. At this point you are not liable for any deficiency once sold. You might need the help of a consumer law attorney, because the mortgagee's only recourse is against the property, and it appears they are affecting you personally that is, their reporting status is preventing you from purchasing another property.
Answered on Sep 12th, 2013 at 1:08 PM

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