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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!


Real Estate Investor · Wheat Ridge, Colorado


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.

Small_flying-phoenixJon Holdman, Flying Phoenix LLC


Real Estate Consultant


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.



Maybe work on a loan modification?


Real Estate Investor · LaFollette, TN


I dont know your numbers on your home but have you called any of the
" we buy houses" signs ? they may be able to take over your payments? lease it from you, buy it who knows....


Real Estate Investor · Charlotte, North Carolina


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.


Real Estate Investor · Charlotte, North Carolina


preferably the investors agent.


Residential Real Estate Broker · Conroe, Texas


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.


Residential Real Estate Broker


Only give the home back if you have to.
If you have to then try to do a short sale.
If you can keep the home.
I worked at BofA in 1993-94 I got call after call from people who bought homes at 200k that were now worth 100K now those same homes are worth 600K. The people who walked away from those homes lost their butts, those who kept them made a lot of money.
This down turn may last another year or so but after that prices will come back.
You have to live somewhere anyway, rent out some rooms or what ever you need todo to keep from losing it.


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


Real Estate Consultant · San Antonio, Texas


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.



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Real Estate Consultant · San Antonio, Texas


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



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Real Estate Consultant · San Antonio, Texas


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.


Real Estate Agent · Imperial Beach, California


Not to hijack this thread, but could you clarify that last statement about original doc's, before foreclosure?
I know a couple of people that could help about now.
Thanks!


Real Estate Investor · Gainesville, FL


Real nice of this lady to come back to the thread and thank everyone for the time they put into helping her.




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