JustAnswer > Real Estate Law
Ask A Question|Register|Login|Help
JustAnswer

Real Estate Law

Ask a Real Estate Law Question, Get an Answer ASAP!

Have your own Real Estate Law question?

25 Lawyers are Online Now
characters left:
Not a Real Estate Law Question?

Related Real Estate Law Topics:

  • Law
  • ,
  • Pay
  • ,
  • Two
  • ,
  • Back
  • ,
  • Free
  • ,
  • Late
  • ,
  • Line
  • ,
  • Loan
  • ,
  • Move
  • ,
  • Paid
Bookmark and Share

Question

I am a single TN. mom of 2 special need kids that can't get gov't assistance due to them receiving child support of 1500/mo. I am unemployed and pay 850/mo for health ins. due to pre-existing issues. I can't afford my home and need to walk away with the least credit damage. I have a 1st mort. of 202K and a HELOC of 50K (different companies). All were done under bogus circumstances I think since they were stated income and i have nothing! I have no savings or CC debt so Bankruptcy doesn't seem to be a good resolve. Should I do a DIL of foreclosure and will I be responsible for the HELOC or can that go with the DIL? I am upside down on the home by about 5K, no late pmts. yet, but coming soon. I have to move to my parents while I go back to school for 4 yrs, and have a free home to move into after that which my sister will gift to me later. I have good credit now and want to do the least amount of damage to it. Please advise. Ist. lender wil help but I still can't pay the $$ on home.

Submitted: 277 days ago.
Category: Real Estate Law
Value: $40
Status: CLOSED
+
Read More

Optional Information

Morristown, Tennessee

Already Tried:
Caklled both companies to se if they will help lower pmts. They are willing but the prices are still too high with circumstances I stated in question. I need to walk away with the least amount of credit damage and no recourse from the HELOC if leender can't get enough money out of home. Bankruptcy... not willing. Should I foreclose or DIL of foreclosure? What are the steps to take, how to start and how much time will I be able to stay here before moving to parents. We will kill each other if I have to stay longer than needed, LOL! Also, my sister may be able to gift the home to me in 4 months as opposed to 4 yrs....forgot to tell you that in question. Thanks so much for all the info you can provide.

Posted by PaulmoJD 277 days ago.

Answer

At this point, you need to hold off a bit since the new bail out bill was just signed and it provides significant assistance for those who are upsidedown in mortgages to get the loans redone to make them more affordable. At this point, you should also go to legal aid to see if they have a consumer protection attorney to assist you with all of the new programs and to review your loan documents to determine if there is some relief there.

Also, if you do the DIL, that would only get you out from under the first mortgage, but you would still be liable under the HELOC with the different company.

Generally the time from beginning of foreclosure to completion and you moving out is 6 months or more.


I hope you found my answer helpful, please click on the GREEN ACCEPT for my answer. This is necessary for me to be paid for my work and so that I can get credit for assisting you. Your question will not close, and you will still have the opportunity to follow-up if needed. Leaving a bonus and positive feedback is not required, but doing so is certainly appreciated!

If you have additional questions, please keep in mind that I do not know what you already know or don't know, or with what you need help, unless you tell me. Please consider that I am answering the question or question that is posed in your posting based upon my reading of your post and sometimes misunderstandings can occur. If I did not answer the question you thought you were asking, please respond with the specific question you wanted answered.

Also remember, sometimes the law does not support what we want it to support, but that is not the fault of the person answering the question, so please be courteous.

There can also be a delay of an hour or more in between my answers because I may be helping other customers or taking a break.

You can always request me through my profile at http://www.justanswer.com/profile.aspx?PF=10285032&FID=39 or beginning your question with “For PaulMJD…”



Edited by PaulmoJD on 2/19/2009 at 3:43 PM

277 days ago.

Reply

I can't afford anything for the next 4 yrs. while in school and taking care of 2 highly special needs kids...1 terminal! Therefore, I think you misunderstood my question, or I didn't state it well enough. I can't afford ANYTHING so adjusting my mortgage is not a valid solution. My 1st mortgage is 1231/mo which I certainly can't afford on top of my ins. pmt.. Also, I can get on medicaid if I don't own a home which will remain in my sister's name for that reason. My HELOC is reasonable at about 250/mo. I can keep it up if I have to, but would rather bundle the two with the least amount of credit damage. Thanks. Anxiously awaiting your new reply! Liz PS..Is bankruptcy worse on your credit than a DIL or reg. foreclosure or are they about even? Bottom line...I need to walk away from here within 3 months approx. Restructuring will NOT help at all!

Accepted Answer

So, if you work out a DIL with the first lender, then you can still pay the HELOC this would be your best move. Your credit report with a DIL would take a smaller hit than with a foreclosure, about 75-100 points compared to 150-200 points with the foreclosure. Also, continuing on paying the HELOC would be good for your credit report and would even lessen the blow to your credit score.

Picture
Expert: PaulmoJD
Pos. Feedback: 99.4 %
Accepts: 
Answered: 2/19/2009

Lawyer

Attorney licensed in RI, MA, LA also experienced practicing by permission in numerous other states

+
Read More

Related Real Estate Law Questions

  • If I have a mortgage due on the 15th of each month do i have
  • i signed a lease for an apartment on the 11th of july, to mo...
  • State of Florida. Manatee County I currently have an adju...
  • My father pasted away in January 2009. Prior to death, in 19...
  • Prodigy law firm in Irvine California - Are they legitimatly
  • i Have been out of A/C for 3 days it is 100 plus in my house...
  • I had a verbal rental agreement w/ a friend for a room in a
  • In California, does the principle of easement by prescriptio...



Disclaimer: Information in questions, answers, and other posts on this site ("Posts") comes from individual users, not JustAnswer; JustAnswer is not responsible for Posts. Posts are for general information, are not intended to substitute for informed professional advice (medical, legal, veterinary, financial, etc.), or to establish a professional-client relationship. The site and services are provided "as is" with no warranty or representations by JustAnswer regarding the qualifications of Experts. To see what credentials have been verified by a third-party service, please click on the "Verified" symbol in some Experts' profiles. JustAnswer is not intended or designed for EMERGENCY questions which should be directed immediately by telephone or in-person to qualified professionals.
Question List | Become an Expert | Terms of Service | Security & Privacy | About Us
© 2003-2009 JustAnswer Corp.