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Foreclosure or Bankruptcy... HELP!!!!

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Anonymous
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Foreclosure or Bankruptcy... HELP!!!!

I was just told today by my mortgage company that I cannot do a deed in lieu because we have a second mortgage, even though the second mortgage was established at the same time as the first by the same mortgage company to avoid PMI.  I think this is crazy and I'm going to apply for DIL anyway and see where I get.  But just in case, the only other options I have are to try to short sale, which I'm thinking we won't be able to do because of the market, or the next option would be regular foreclosure.  The woman told me that we would not be responsible for the difference if we did a short sale but if we foreclosed and there was a deficit, we would be responsible for that.  Does this make since?  At any rate, if we ended up having to pay the difference on the sale, we would end up probably having to file BK anyway.  Should we just file BK anyway if we see that the house isn't going to sell?  Please help.  I'm so confused as to what would be the best route to go.  By the way, we live in Virginia, if that helps any.  Thanks!
Message 1 of 6
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Anonymous
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Re: Foreclosure or Bankruptcy... HELP!!!!

Is this house the only major financial problem you have?   That is, do you have alot of credit card or other debt you cannot pay?   If you are ok financially other than this house, I would let it go and let them foreclose.   From what I hear, most lenders are not coming after borrowers for deficiency judgements so I would go for it.
 
If for some reason they do in fact do this in the future, then you can consider a bk filing.  But if it comes to that, be sure to speak to at least a couple experienced bk attorneys in your area.
Message 2 of 6
Anonymous
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Re: Foreclosure or Bankruptcy... HELP!!!!

Yes, the house is the only major problem we have.  We do have a lot of other debt, but we can make those payments.  I'm all for the foreclosure but I don't want a foreclosure and a BK on my credit if they did try and come after us for the deficit.... which I'm pretty sure there will be one.  Where is a crystal ball when you need one???  Thanks!
Message 3 of 6
Anonymous
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Re: Foreclosure or Bankruptcy... HELP!!!!

Yes, I hear you about having both.  But, the foreclosure will only stay on your credit for 7 years and will not hurt you a ton after 2 years.  Plus, you can qualify after no more than 3 years for another govt insured mortgage.      The only question is - will they come after you for the balance?   I say it is doubtful.  If they don't, then you don't want or need bankruptcy......
 
Who is the loan with?  The bigger the bank, the less likely they will come after you.
Message 4 of 6
Anonymous
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Re: Foreclosure or Bankruptcy... HELP!!!!

I'm not sure who actually has the mortgage now because the mortgage was sold twice and we send our payments to a servicing company - ASC.  BNC is who we financed with to begin with.  As for getting another mortgage in 3 yrs...  I ran an ad in the newspaper that I was looking for a 3BR, rent to own or owner finance and BINGO!  We found a house that is perfect for us and the owner is going to do owner financing for 15 years with 6.5% interest.  He knows our situation and was just a wonderful God send!!!!  We couldn't have gotten at better deal if we had gone through a bank.  So, even tough we don't want a foreclosure or BK on our credit, it isn't going to hurt us because we already have financing for our next house lined up and don't have to throw away money on rent.   Yeah!!!!!!!
Message 5 of 6
Anonymous
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Re: Foreclosure or Bankruptcy... HELP!!!!

Excellent work getting that done!  The best answer is always not to file bk OR have a foreclosure on your record....
Message 6 of 6
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