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3. Does the HELOC go as unsecured debt if the first mortgage

 
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  • Answered by:cfortunato
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3. Does the HELOC go as unsecured debt if the first mortgage is more than the current value of the home if I am not living in the home full-time but my daughter is? Do I need to put on paper how I came to the current market value of the homes for Schedule A? Because Zillow is overinflated, and I know what the foreclosures of my model are going for and my backyard is dead, the water system is broken and needs to be dug up and the front yard is dead (I haven’t gotten estimates less than 25k for both), also the furnace duct system needs work as it doesn’t blow a/c or heat to 2 of the bedrooms, it also needs new carpet, paint and a new garage door (I didn’t stop soon enough). The windows need cleaning, etc. If I put what Zillow or a Title Report says, then my first mortgage is less than that amount. If I put what it would really sell for, realistically, then that value is less than my 1st mortgage. I don’t want the Trustee to think I am trying to get away with something…and if he pays attention or listens to me, I did what all bk attnys and my accountant said was foolish, which was to pay off my credit cards (excuse me for paying my debts and being responsible…I couldn’t not pay for something I bought just to bankrupt it…I couldn’t live with myself).

 

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State/Country relating to question: California

Submitted: 370 days and 22 hours ago.
Category: Bankruptcy Law
Value: $25
Status: CLOSED

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Expert:  cfortunato replied370 days and 22 hours ago.

1) The HELOC is a secured loan - and goes on Schedule D - even though the first mortgage balance is more than the value of the house. In the last column of Schedule D (Unsecured Portion if any), you would enter the entire balance of the HELOC.
2) No - you do not have to indicate how you arrived at the market value. If the trustee wants to know, he will ask you.
3) It is very true that the prices on Zillow are unreliable. You have to enter the price the house can realistically be sold for, not necessarily what Zillow says.

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Category: Bankruptcy Law
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Answered: 5/13/2012

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