|
POPULAR LINKS
INVESTOR'S FOCUS
REAL ESTATE TOOLS
FORECLOSURE RESOURCES
LANDLORD CENTER
FIND SPECIALIZED PROPERTIES
LOCAL RESOURCES
|
Tracy S. |
Hello. Two years ago I purchased my home and I really strapped myself with my payments. I have already reorganized my loan once and now I find myself behind yet again. I don’t know what to do. It’s clear that I just can’t afford my payments anymore so I called my lender (chase) and they told me of a process called “short sale” in which we try to sell the house quick and if it doesn’t sell then the bank will forgive the difference that I still owe. They told me my credit will be likely affected by this. They told me that I can also apply for a performance forbearance in which pay suspend my payments during the process as expenses exceed my income. The frustrating part is when I purchased my home at $134,000 I put another 10K into it to finish the basement. I’m a single mom of two boys who needed more space. The market is terrible and real estate agent friends of mine have told me that I will never get my money back out of it. If I do this short sale and I am able to get the forbearance I could likely save some money which I can use towards renting an apartment. Over the past year, my credit has been severely damaged. The divorce left me having to use credit cards for just about everything. I’m working with a debt consolidation company now so at least that is under control. At this point I’m not too worried about my credit as there is nothing I can do about it. But…I’m wondering if I decided not to do the short sale and I allowed my house to be foreclosed instead, how long does that stay on your credit report? Also, how long before I would have to leave the house. I guess my mindset is that my credit is already poor and I need to think about my boys. I will need to save as much possible so that when I need to leave the house I will have a base of money to start with. Any suggestions??? Pros and cons of short sale and foreclosure would be really helpful. Also, I’m wondering if it Forecloses, does the bank come after you like a credit card company would? Thanks! |
||
|
|||
WheatieReal Estate Investor / BP ModeratorDenver, CO |
You're doing the right thing by talking to the lender. If they're willing to do a short sale, I'd get it onto the market right away. Get it priced to move quickly, and cleaned up as best as you can. The short sale means they will accept less than they amount they're owned if you can sell it. It used to be the forgiven part of the debt would be treated as taxable income, and you would have to pay taxes on it. That has changed recently, and you won't have to pay those " phantom taxes" . Check here: http://www.biggerpockets.com/foreclosurelaw/ for your state to find out the foreclosure timelines. Its typically several months between when the lender files the notice until you would have to be out. But it varies by state. If they're willing to do a short sale, that's certainly your best option. If they agree to a short sale, they would not come after you for the shortage. But be sure to get a statement from them saying they accept the short payoff as " full and final payment" for the debt. If they do foreclose, they might come after you, but its not too likely. If you work with them, and get it priced right, you should be able to make the short sale work. |
||
David P.Real Estate ConsultantTallahassee, FL |
In addition, please be sure to stay in constant communication with the bank. When you talk to someone helpful, write down their extension. Many times, just having a good working relationship with someone in the loss mitigation department can save you a ton of hassle (and time). Also, if you choose to put it on the market with an agent, be sure to interview the agent to see if they are qualified to handle your problem. Short sales can be complex and time consuming. The process of the short sale is not taught in any traditional real estate courses. You should find someone in your area that specializes in this portion of the industry. Good luck. |
||
Mj T. |
Maybe work on a loan modification? |
||
Bryan W.Real Estate InvestorLaFollette, TN |
I dont know your numbers on your home but have you called any of the
|
||
Donte A.NC |
tiredout might be right. i seen you mentioned a forebearance, that might not be the option for you since the payments are already hard to make. maybe you will have better luck doing a loan mod. also if you work with an investor, work with one that will allow you to list your home with a realtor as well, so you can have the best of both worlds and double the market exposure. |
||
Donte A.NC |
preferably the investors agent. |
||
Dick G.Residential Lender |
Loan modification is a really good option. I would suggest a third party entity rather than dealing directly with the lender. When you deal direct.....first they act like they don't know what you're talking about. After that they negoitiate terms that are destined to increase the probability of future default. Real help is available. Credit isn't a consideration. These programs are designed for hardship cases. Help is available. Your lender really does'nt want your home. |
||
Rich L.Residential Real Estate Broker |
Only give the home back if you have to.
|
||
John D.Real Estate Consultant |
there is a company called foreclosure crisis hotline they will help you put a stay of execution on the foreclosure send a pm to me and i will give you all the info |
||
Lee C.Real Estate ConsultantSan Antonio, TX |
It is my opinion the bank thinks they will get close to FMV for the house. You hardly ever hear that the bank suggests a short sale. A short sale used to mean 30-50% off, now it's 20% factor in the fact you have made X # of payments with vertually all of that being intrest whoever owns this note is loosing little or nothing. By all means go for the short sale and don't feel bad about it. Its far better than a foreclosure. |
||
James C.Real Estate InvestorCA |
Anderson, If you ever show back up to your thread, I will personally tell you exactly what you should do, based upon your scenario. Even by phone, for free! I have walked dozens of my friends and associated through this for FREE! I WISH I was making some money advising, but that's not my thing. |
||
Lee C.Real Estate ConsultantSan Antonio, TX |
Hey Flipper That is very noble thing to offer someone you don't even know. I read your blogs on bulk REO's as well. There is not much in RE you don't know about is there? |
||
James C.Real Estate InvestorCA |
Hey MoneDog Thanks for the complement! When I can, I like to help people, especially those with children. Read the thank you from the lady on my profile page. I spent a TON of time e-mailing, then one very detailed phone call, when she was in a jam buying an REO in N.Y. I come off like a total A** at times, when I feel like people are trying to get over on member of Bigger Pockets, mostly in the Bulk REO section, as I was working closely in that industry for a while and learned quite a bit. I worked with a Wall Street capital markets Law Firm and was in daily contact on all levels in the " distressed asset" arena. I wish I could apply what I learned and do foreclosure " consulting" but I don't believe people have to PAY to get out of a BAD money jam. Education and persistence is what it takes when in foreclosure. The " solutions" are very basic depending on the desired outcome. Check out: www.Loansafe.org |
||
Lee C.Real Estate ConsultantSan Antonio, TX |
loansafe is an excellent resource for anyone facing foreclosure. Ive had success disputing the debt itself. Many of these notes have been sold so many times no one knows who has the original documentation. They can't foreclose without it if you request it. |
||

I'm looking forward to reading what you put out there.