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anonymous 1
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Post subject: How to Seek Court Protection |
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| Where and how do i seek court protection if i need time,im unemployed,inncalifornia,alameda county,do i need to see an attorney? Please respond immedietely.my trustee sale is end of april |
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Niicss
Joined: 03 Oct 2005
Posts: 4770
Location: New Jersey
499.28 Dollars($)
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Post subject: |
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Welcome.
You can look through this site: http://www.alameda.courts.ca.gov/courts/
Hope this would be some help for you.
Let me know if you have any more queries
_________________
Good is the Enemy of Great. |
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raquel
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Post subject: deed in lieu |
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| what if yu have an equity line attached as well as 1st mort..and what if you have other property will they come after that to satisfy loans.. |
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larry
Joined: 27 Jun 2007
Posts: 3322
474.67 Dollars($)
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Post subject: |
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Hi raquel,
Welcome to the forum.
If the lender accept the deed in lieu then it is expected that he will not ask you for the deficiency judgment.
Have you taken both the loan form the same lender? If not then is the lender of your second mortgage also accept the deed in lieu?
Best of luck,
Larry |
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cpapkt
Guest
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Post subject: Deed in lieu of foreclosure when the eviction notice is near |
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| Currently my brother has not made a mortgage payment since approximately October 2007. It is now April 2008 and he figures the eviction notice is going to come around the first of June. It sounds like deed in lieu of foreclosure is the best way for him to go. He is employed, but between the child support and alimony he can not make the mortgage payments. Unfortunately, the mortgage is more than the house is worth. Is it to late for a deed in lieu or should he try some other avenue? |
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larry
Joined: 27 Jun 2007
Posts: 3322
474.67 Dollars($)
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Post subject: |
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Hi cpapkt,
Welcome to the forum.
Surely deed in lieu is an option for you. Talk with the lender ASAP regarding this. Try and avoid foreclosure. If you just sit back then you cannot avoid foreclosure. Ask your brother to inform the lender about his problem and request the lender for DIL. It will help you to avoid deficiency judgment.
Feel free to ask if you have any further questions.
Best of luck,
Larry |
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cpapkt
Guest
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Post subject: |
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| I just found out from my brother the bank has already started the foreclosure process. Is it too late to request the deed in lieu of foreclosure since the process according to him has already begun? I guess worse case scenario is he won't be any worse off. |
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larry
Joined: 27 Jun 2007
Posts: 3322
474.67 Dollars($)
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Post subject: |
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Hi cpapkt,
Welcome back.
Now have you told the lender about your problem and checked out the options available for you?
You can request for deed in lieu even after the foreclosure process is started.
Best of luck,
Larry |
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AJ5585
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Post subject: WDIL |
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| My mom pasted away and was purchasing a time-share property which I can neither continue to pay or pay off. I was not listed on the loan but was listed on the title of ownership in case something happened to her. The company would like me to sign a WDIL and avoid foreclosure. My question is that they are saying even if I wasn't on the loan my credit would be impacted with the foreclosed property, is this true? |
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Niicss
Joined: 03 Oct 2005
Posts: 4770
Location: New Jersey
499.28 Dollars($)
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Post subject: |
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Hi,
Did the lender suggest you to sign a deed in lieu of foreclosure? I think if you can sell the property and pay off the lender then it will be better as DIL will have negative effect on your credit report. But if you cannot sell the property then you can go for DIL.
"they are saying even if I wasn't on the loan my credit would be impacted with the foreclosed property, is this true?"
Yes it is true. But it will not effect as much as if you were also on the mortgage.
Let me know if you have any further questions.
_________________
Good is the Enemy of Great. |
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DIL-weed
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Post subject: Foreclosure vs DIL |
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| I have a 1st mortgage and equity line of credit on my home for a total of 967K(630K and 337K). With today's market value of homes, my house only appriased for 1075K even though I have 1175K into it. I have had the house for sale for 9 mos already. I am approaching a position of no longer being able to afford the two combined payments. I have done some reading on Foreclosure and DIL options but all the articles say about the same thing. My credit score is 820+ and I have worked hard to keep my credit score favorable. Im trying to understand if my credit rating will nose dive if I foreclose(likely so) vs DIL and if I will likely be responsible for any other differences in what I owe vs if the bank(DIL Option) doesnt produce enough to cover both the primary and junior lien (equity Line) and if so will the option be to bankrupt to save myself from paying the large sum difference? I have sought an attorney to assist with getting advice and normal results but Im having trouble identifying someone who sepcializes specifically in representing the consumer/private home owner in this situation. I live in NE Atlanta suburbs. Additionally, if I DIL, and when/if the bank were to sell my house, and if the proceeds were more than my 1st mortgage, would the proceeds of the house go to cover my junior lien too? Thanks for any advice and direction! |
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larry
Joined: 27 Jun 2007
Posts: 3322
474.67 Dollars($)
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Post subject: |
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Hi Guest,
Welcome to the forum.
Certainly deed in lieu is better than foreclosure because you can avoid deficiency judgment but I think it should be your last option to choose.
You have really very good credit score. So do not hamper it by going through foreclosure, DIL or filing BK. If you can please avoid these. These relieves are for the people who can do nothing but have to choose it.
But I believe you can avoid these. First of all talk with the lender ASAP and check out if he can work out any repayment plan for you.
Now do you have ARM? Why don't you refinance and turn it into FRM with lower monthly payments. I think you can go for No-obligation free consultation from the rated mortgage lenders and mortgage professionals of this community to see what should be the best option for you to choose.
Feel free to ask if you have any further questions.
Best of luck,
Larry |
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DIL-weed
Guest
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Post subject: Foreclosure vs DIL |
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| Larry et al, My first mortgage is fixed 5.5 and my equity line is prime plus 3/4%. My core issue is that my wife is no longer working and we have a lot of medical bills that will conitunue to add up. We are no longer financially able to meet the monthly mortgage and 2nd. After trying to sell the house for the last 9 months we are starting to reach the end of our financial means to make all of our monthly financial commitments. I'm trying to fully understand if I go the DIL route if my credit will be scared long term and if the 1st mortgage company sells the house if everything over their selling price would go to pay the 2nd automatically since they're a lien holder. If the total amount selling the house doesnt cover both, would I likely then be responsponsible for the remainder of any outstanding balances - which could be 100K - 200K, depending on what they may be able to sell the house for given the current market conditions. IF Im still liable and responsible for any remaining monies, as indicated of the possible amounts, I'm thinking then that I would have to go the Bankruptcy route to get relief from the debt. As you can read from this and my previous posting, Im trying to get a full picture of my exposure and plan accordingly. This situation of oweing money and not being able to pay my creditors is a completely new thought process for me as I have always maintained my credit and debt within the highest sense of importance and have never been late on any payment for 30 years. Thanks again for your advice! Larry, thanks for responding - Brian. |
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larry
Joined: 27 Jun 2007
Posts: 3322
474.67 Dollars($)
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Post subject: |
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Hi Brian.
Welcome back.
Now you cannot sell your property right. So if you go for deed in lieu of foreclosure then both of the lenders will have to agree. If the second lender do not agree then there is no use going for DIL because he can come after you for the due debt.
So I think it is better if you file Bk chapter 13. Thus you can protect your property and the lenders also cannot come after you. You can pay the mortgage with an affordable repayment plan. Check out how Bk chapter 13 works at http://www.mortgagefit.com/bankruptcy/foreclosure-chapter13.html
Feel free to ask if you have any further questions.
Best of luck,
Larry |
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khausteen
Joined: 06 May 2008
Posts: 1
1.58 Dollars($)
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Post subject: Deed in Lieu of Foreclosure |
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| I own a house, in my name only, married and moved into husband's home, have tried to sell my house, tried to rent it, no luck on either. It is an older house, newer and new ones for sale at same price. I also have a second on the house. My husband recently lost his job, so our income is greatly reduced. I have been using credit cards to make ends meet. I feel I must rid myself of the house payments - both the first and second. I was advised of a Deed in Lieu of Foreclosure being a way to solve my predicament. What can you tell me? How does this work with the second? I was told a short sale would not work because of the amount owed for both of the loans. I do not know what happens to the second when the first gets the Deed (the first could sell the house for what the first loan is - it is the second that I am very worried what they will/could do). I will appreciate hearing your opinions and thoughts on this. Thanks |
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