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Question

We have a home in the Chicago suburbs that we have been trying to sell. I lost my job and my husband was relocated to Richmond, VA. We are now renting an apartment and paying the mortgage on the house in Chicago and cannot do this much longer. We owe 255,000 on the house and the current market has brought our house value down to about 240,000 - 245,000. Even if we do a short sale to forgive the difference, we will not have the approx. $18,000 to cover closing costs, including relator fees and taxes. I have already sold our car to cover bills so we are down to one car, living in an apartment with two toddlers. At what point do I let the house go? Should I max out credit cards to make mortgage payments - do I take my money out of my retirement (about $11,000)? If we do foreclose, when will I be able to apply for a mortgage? I would like to get out of this 900 sq. ft. 2 bedroom apt. within 3 three years if we can muster up a substantial down payment.

Submitted: 418 days and 23 hours ago.
Category: Legal
Value: $30
Status: CLOSED
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Optional Information

Lake Zurich, Illinois

Already Tried:
Put our house of for sale - dropped asking price $20,000. Spoke with lender. Our lender was First Franklin, who went under, not sure who holds the loan now cause everything still have First Franklins name on it, but when I called to discuss our issue, the customer service person told us that First Franklin went under and the company that is collecting on our loan is not a loan company so changing our loan is not an option. Have thought about renting, but would be paying $500.00 a month to make up the difference between rent and mortgage and would still need to pay $4,000 in taxes next year as it is not rolled into our mortgage. We got into a really bad fixed mortgage when trying to refinance to get out of a 80/20 split mortgage with adjustable rates. We were told that we would only have to be in the mortgage of 6-8 months and then we could refinance again to get a better rate. When we went to do so, our house no longer had the equity it needed in order to refinance at all.

Accepted Answer

I would not suggest allowing foreclosure to occur as it will affect your ability to secure future financing. I would also not suggest dipping into any savings or retirement plans. You need to contact the lender and offer to do an exchange of the property for forgiveness of the mortgage, which means you simply give them the property and they write off the mortgage balance and you walk away with nothing. If they refuse to do this, then you could seek to do a short sale and seek to share costs with the buyer or get the buyer to pay closing costs as part of the deal. A creative real estate agent should be able to work some deal out that you can afford. Foreclosure should be your last option.

You could also try to rent the premises while you are trying to figure things out and this would at least get you some, if not all, of your mortgage payments.

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Expert: PaulMJD
Pos. Feedback: 99.5 %
Accepts: 
Answered: 9/30/2008

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