Need some advice...

Need some advice...

Member since 2008 · 2 posts · 0 votes

Here is my situation.

I purchased a new home in Aug 06 and like many people who try to keep up with the Jones' I chose a house that I could "afford" but just barely. Now a year + later, I'm in a position to where the payments are eating me alive and I've had to dip into what savings I have left just to keep payments current. I'm now behind one payment and am facing foreclosure. I don't have the $ to come to the table to close @ a sale or keep payments up while the house sits on the market.

I'm trying to get a better understanding of my "worse case scenario" (foreclosure). I understand it mars your credit something horrible and virtually makes it impossible to purchase anything via credit. But what else can happen? Can they garnish your wage if there is a deficiency judgment? Can they take your car (that I need to get to work to support myself)? Can they go after your bank account (of which it is very minimal right now, but my paychecks are direct deposited there).

I realize the err of my ways and I shouldn't have purchased a home that i was not financially ready for. But I do want to be prepared in the event that I do foreclose, the repercussions, etc. I do not want to simply become a statistic, I want to learn from this experience (as painful and embarrassing as it may be).

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  • Rental Property Investor · Mercer Island, WA · Member since 2008 · 22k+ posts · 14k+ votes
    18y

    First, are there any government or quasi-government agencies locally that provide assistance with this sort of situation? You should try to track down such a group because they will know your local laws and situation.

    Have you spoken with a few realtors about selling your house? Do you know where you really stand as far as what you owe vs. what you would net on a sale? If you're short by a fairly small amount, can you borrow or otherwise get the money to make it up?

    Has something happened in your life that has affected your ability. Death, divorce, job loss, transfer? If so, you might be able to sell through an investor and the investor would negotiate a short sale with the lender. Is there just one loan involved or are there several?

    The simple answer to your question is yes. The lender can come after you for the money you still owe them if it goes through a foreclosure and sheriff's sale. Exactly what they can do will depend on your local laws. I'm guessing you live in Houston. I lived in Houston in the housing debacle of the mid-late eighties and there were few penalties for people walking away. I'm guessing they've changed the laws now to make it more painful, but I don't really know.

    You should call you lender and discuss your options with them. Lenders are getting more flexible, and maybe they will be willing to work something out.

    Jon

  • Member since 2008 · 2 posts · 0 votes
    18y

    Jon,

    Thanks for the response. Yes I live in Houston, I should have been more descriptive. Unfortunately I have very little if any equity in the house since I purchased at 100% (no pmi) in Aug 06. My situation is essentially I've had to liquidate much of my $ to assist a family member out of a major bind with their health (bless the medical system <rolls>) and that has put me into debt in a big way and my income barely covers my base expenses (not counting other necessities...gas... food.. etc). So bottom line I'm very much in way over my head right now.

    I was looking at the short sale route and am talking with my realtor about such, problem is in the sub prime market everything is soft right now and there's TONS of foreclosures here in Houston to pick from. Apparently it's very easy to foreclose in Texas.. credit ding for years, creditors calling you, and that's about it... It's horrible, but for some the only way out...

    Unfortunately with a short sale I'm on a short time line as I only have this month paid and I'm behind on everything right now... I'm going to continue to do some research and probably talk to a real estate lawyer and see what the worst case scenario is... but if anyone has TX experience and can chime in, much appreciation!

    -J

  • Rental Property Investor · Mercer Island, WA · Member since 2008 · 22k+ posts · 14k+ votes
    18y

    Have you spoken with the lender? If not, you should call them and discuss the situation.

    Jon

  • Real Estate Investor · London · Member since 2008 · 3k+ posts · 74 votes
    18y

    1. Talk with the lender and make sure you tell them about the prior medical situation. They can agree a deferral of the past due payments while you rebuild. This assumes that with the medical situation in the past you can not afford the payments. They might even be able to lower the interest rate.

    2. If your loan was a trust deed transaction (I believe this is normal for TX) then there may be no allowance for the lender to get a deficiency judgment if they foreclose. Because the trustee sale process is faster than a court ordered sale the lenders give up the right to a deficiency judgment. Check your loan documents and the state rules.

    3. Consider a second job so that you have more income and less time to spend it. That will let you pay the mortgage and maybe buy time to either sell or later reduce the interest rate through a refinance. 2-3 years of working two jobs could be a lot better than 7 to 10 years of damaged credit.

    Maybe you are facing a rock and a hard place. Maybe you need to find a way to save the situation rather than assume foreclosure is the best option.

    If you do anything like a short sale or some other deal with an investor make very sure you understand what is going on. Many possibilities exist and some can be a great way to go. Remember that even if all the paperwork is in order you are likely depending on the investor to make good on their promises (subject-to in particular). Do they really have the means to make it happen? I say this as some investors equally get in over their head if they do not know what they are doing.

    John Corey

  • Real Estate Investor · Atlanta, GA · Member since 2008 · 35 posts · 3 votes
    18y

    Hello,

    Let me ask you, do you want to keep the house or lose it? If you want to keep would to be able to get caught up if you workout a deal with the bank? If so, you can negotiate what is called a loan work out or forbearance. The down side to that is bank typically ask for some of the late payments to be paid upfront and they may tact on $200-$300 more for month until your get caught up. But you are not that behind on your payments. However this will stop the foreclosure and not further damage your credit. Keep in mind that your bank absolutely does not want to foreclosure on you. Especially now since this is the end of the fiscal year. You can also file a chapter 13 and workout out a payment plan to get you caught up Any BK attorney can help you with that. The downside is the BK does damage your credit. If you want to lose the house, you can try to work a short sale or have an experienced investor work out short sale for you to take the house off your hands. I hope this helps Good luck

  • Residential Real Estate Agent · OH · Member since 2008 · 553 posts · 24 votes
    18y

    How about getting a second job to help out with cash flow? There are many places looking for part time help and a few hours a week and on weekends could be a solution to your problem until you can work something out.

  • Real Estate Investor · London · Member since 2008 · 3k+ posts · 74 votes
    18y
    Originally posted by "Ohio Realtor":
    How about getting a second job to help out with cash flow? There are many places looking for part time help and a few hours a week and on weekends could be a solution to your problem until you can work something out.

    Great suggestion Jim.

    John Corey

  • Real Estate Consultant · Charlotte, NC · Member since 2008 · 50 posts · 2 votes
    18y

    If you are done with the house and don't have any equity, you should contact someone that is experienced with doing short sales.

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