Posted: Fri Sep 03, 2010 5:41 am Post subject: My name is on Title, but NOT on mortgage, will filing bankru
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Hi. My friend and I bought a house with no money down and took out a first and second interest only mortgage 80/20 for the full $350,000. The Mortgage is only in my friends name, but we are both on the Title, we both make even monthly mortgage payments and declare them on our income taxes. The house is now worth $ 225,000 due to the slacking economy. We have to move out and can't afford to sell and take that big of a loss, we tried the "loan modification program taken a job and the bank said "no". I have moved nearly 200 miles away for a job, so we have no other choice but to file bankruptcy. We still have never made a late payment, but we are getting close to the end of our savings. Will this still affect my credit score since I still declare the mortgage payment on my income taxes, or will it just affect the person on Title.
In Georgia, a Deed in Lieu of Foreclosure, is almost impossible, because of the judicial and non-judicial rule.
Also, is it true, the 2nd mortgage can come after the mortgage holder after bankruptcy and garnish wages and sue for the remaining $70K? Or can you plea bargain with them?
If you own don't own much, and make just a decent living, what can they do, or what have they done in the past? I heard people say they will usually settle for 10-20% of the outstanding loan? Is that true too? Thanks much. Southern Joe
As the mortgage is in your friend's name, if the property is foreclosed, it will affect him. Your credit scores will not be affected and the lender will not be able to come after you for the balance amount resulting from the sale.
If the second mortgage loan is discharged in the bankruptcy filing, then the lender will not be able to garnish wages or come after you for the dues. However, the lien will remain in the property. After a foreclosure sale, the lender will be able to recover the dues from the sale proceeds.
Feel free to ask if you've further queries.
Sussane
Southern Joseph Guest
Posted: Sat Sep 04, 2010 6:49 am Post subject: Foreclosure
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Hi Sussane. Thanks for the welcome. I thought when filing foreclosure, it is the first mortgage that gets paid first, then if any remaining monies would go to the second? In my case, since the house has depreciated by over 30%, the second mortgage would never get paid after a foreclosure sale. If that is the case, what can the second mortgage company do to my friend, as far as his personal financials? We owe them 70K, and the first mortgage 285K, and now the house is only worth $225K, so I believe, the second would not be discharged in the bankruptcy, correct? Some people say, they can come after you financially, some people say, talk with them and work out some sort of deal (a lump sum payment of between 10-20% of the existing loan). Your thoughts?
The second mortgage company has the rights to recover the dues. If the foreclosure auction doesn't recover the balance amount of the second lender, then he will come after your friend to collect the dues. If you include the account in Chapter 7 bankruptcy and reaffirm the dues, then you would be liable for paying the mortgage as you'll become personally liable for the loan. _________________ Procrastination is the enemy of your financial success
cjs Guest
Posted: Tue Nov 02, 2010 8:18 am Post subject: title /mortgage.
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Dad past away owned house in Arizona I'm on title not on mortgage if house goes into foreclosure am I responsible
As your name is not mentioned on the mortgage of the property, you won't be responsible for the foreclosure. It will have no negative affect on your credit report. However, you'll lose the house.
Thanks
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