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Updated over 12 years ago on . Most recent reply

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John Richards
  • Real Estate Investor
  • Nampa, ID
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Signature Line of Credit (Equity loan) liabilities?

John Richards
  • Real Estate Investor
  • Nampa, ID
Posted

Scenario:

House 'A' was entirely paid off. No outstanding loan. Primary residence (in Nevada).

Borrowed $ against house 'A' using a Signature Line of Credit HELOC (20yr. ARM) to purchase a single family residential rental property (house 'B') for investment reasons.

Amount borrowed with the Signature HELOC was $100k but property values (near house 'A') have fallen and are at approximately$70-$75k at this time.

House 'B' is "free and clear" with no loans, claims, etc. against it.

Have never missed a payment for this Signature HELOC loan but it is highly probable that I will not be able to fulfill this loan requirement.

Questions:

Can the bank (who I have the Signature HELOC with) come after additional assets if I default on the Signature HELOC loan?
I.E.: Can they put a lien, claim, etc. against house 'B' or any other property/assets?

I have thought about "carrying the note" (acting as a bank and offering a payment plan, etc.) to tenants of house 'B' but I am wondering if the above mentioned scenario involving house 'A' affects this idea?

I know this sounds confusing but I figured I would at least start here. Any comments or ideas are greatly appreciated.

Thank you.

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Bill Gulley#3 Guru, Book, & Course Reviews Contributor
  • Investor, Entrepreneur, Educator
  • Springfield, MO
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Bill Gulley#3 Guru, Book, & Course Reviews Contributor
  • Investor, Entrepreneur, Educator
  • Springfield, MO
Replied

Judgments can attach to assets as liens but the creditor can not usually force sale of other assets and income may be garnished under state law. You can still sell on an installment sale or subject to the liens of record, the creditor could go after those payments. I'm not sure how actively they seek further actions of collection, that varies.
Check your state laws on collections of judgments.

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