Home arrow Mortgage Forums arrow Loan Talk for First Time Home Buyers arrow

Is bankruptcy the only option

Author Message
Icon Mini Profile jpalomares4





Joined: 15 Sep 2009

Posts: 12

4.35 Dollars($)
Post Posted: Tue Mar 16, 2010 6:46 am    Post subject: Is bankruptcy the only option
Like 0
Dislike 0

my second home is going thru foreclosure and we still have a second loan that i been told we are still responsible to pay it off but we don't have the money and were going to loose the properly anyways. the second loan is for 38,000 is bankruptcy the only way out? what else can i do? my credit is damaged already.
Icon Mini Profile Niicss
Niicss




Joined: 03 Oct 2005

Posts: 4770
Location: New Jersey
499.28 Dollars($)
Post Posted: Wed Mar 17, 2010 3:00 am    Post subject:
Like 0
Dislike 0

You would be liable for paying the second mortgage though your property is going through a foreclosure. If you do not pay it off, the lender may charge off your account. You can file Chapter 13 and strip off your second loan if you do not have any equity in your property. However, this will lower your score further and will remain as a negative item on your credit report for 7-10 years.
_________________
Good is the Enemy of Great.
juanita

Guest







Post Posted: Wed Mar 17, 2010 6:33 am    Post subject:
Like 0
Dislike 0

are there any qualifications to file bankruptcy and what are the cost?
Icon Mini Profile jameshogg
jameshogg




Joined: 20 Dec 2005

Posts: 10148
Location: Nevada
941.94 Dollars($)
Post Posted: Thu Mar 18, 2010 12:49 am    Post subject:
Like 0
Dislike 0

Hi juanita,

If you want to file Chapter 7, then you will have to clear the means test. If you can't clear the means test, then you will have to go for Chapter 13. You can check out the given page in order to know the reasons to file bankruptcy:
http://www.mortgagefit.com/know-how/filebankruptcy.html

Thanks
juanita

Guest







Post Posted: Thu Mar 18, 2010 7:56 am    Post subject:
Like 0
Dislike 0

i just called the bank and they told me that i could apply to see if i qualify for a short sale or DIL but i been told that when there's a second mortgage the banks usually dont do short sales or DIL is this true? even if I qualify I i'm still responsible for the second. what can i do? i don't have 38,000 to pay second mortgage and i'm getting rid of the house anyways.
Icon Mini Profile Niicss
Niicss




Joined: 03 Oct 2005

Posts: 4770
Location: New Jersey
499.28 Dollars($)
Post Posted: Fri Mar 19, 2010 2:55 am    Post subject:
Like 0
Dislike 0

It is true that though your first lender forecloses the property or goes for a short sale, the second lender will be able to come after you for the balance amount. You can negotiate with your second lender and check out if he would be able to forgive your balance amount.
_________________
Good is the Enemy of Great.
juanita

Guest







Post Posted: Fri Mar 19, 2010 6:55 am    Post subject:
Like 0
Dislike 0

can they actually forgive a balance due? If i tell them whats going on will they be willing to lower the amount or refinance with a lower APR or do something? thanks everyone for your advice
Icon Mini Profile Niicss
Niicss




Joined: 03 Oct 2005

Posts: 4770
Location: New Jersey
499.28 Dollars($)
Post Posted: Mon Mar 22, 2010 3:00 am    Post subject:
Like 0
Dislike 0

If the second lender is convinced about your financial hardship, then he may forgive the deficient balance. If your first lender forecloses the property, then you won't be able to refinance the loan as there would be no collateral.
_________________
Good is the Enemy of Great.
Quick Reply
Your Name
Subject
Image Verification


Can't read the image? click here to refresh
Message body

All times are GMT - 7 Hours
Page 1 of 1

 
Highlights
Bookmark this page
Share |

Helpful References
Mortgage Guide
Mortgage Terms
Mortgage News
Book Center
Shop and Compare lenders
30 Yr. Fixed Vs. 5/1 ARM


Calculators     [View all]
Are you eligible for loan?
How much you can afford?
Calculate monthly payment
Calculate APR


Financial Tools
Credit Repair Tool New
Mortgage Planner
Simple Budgeting Tool


Our Community
MortgageFit Blog
Community Professionals
Community Rewards
Introduce yourself
Website tools


Community Rewards
Five simple ways to earn money with the Mortgage Community.

MortgageFit on Twitter

Followers (265)








Community Chat

We have chosen to apply the Creative Commons Attribution License to all works we publish. This work is licensed under cc by 2.0
Page loaded in 21.089 seconds.