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Question
My husband & I can no longer pay our mortgage. It is up to date right now but with expenses going up and being retired and on Social Security only, we want to move into a small apartment on the other side of the State nearer our grown children. Can we just "walk away" or is it better to contact the mortgage company and tell them or just allow the house to go into foreclosure? We are stumped. My husband is ill and has a hard time helping make any decisions regarding this. Help!
Submitted: 17 days and 6 hours ago.
Category: Legal
Value: $18
Status: CLOSED
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State/Country relating to Question: Michigan
Already Tried:
We have done nothing so far but pay the payment by the 15th (due the 1st of the month) for the past 6 months.
Posted by
JB Umphrey
17 days and 6 hours ago.
Info Request
Thank you for using JustAnswer!
Approximately how much do you still owe on the mortgage?
17 days and 6 hours ago.
Reply
We owe 127,000 and a real estate market analysis last week says the house is worth about 130,000 in this slow market.
Accepted Answer
Well, you can try a couple of things:
a. walk away.
b. contact the mortgage company and see if they'd be willing to do a deed in lieu of foreclosure (but they may not want to talk to you if you're current in your payments -- they'll only start listening when you start missing).
c. put the house up for sale and see if the mortgage company will be willing to do a short sale (i.e., you sell the house for less than what's owed and the mortgage company is okay with that ... again, they may not want to talk to you about that if you're current on your payments).
Because your only source of income is Social Security, if they do try to sue you for the balance, they can't go after your Social Security because that's exempt under federal law.
Good luck and best wishes! I hope that you find this information to be helpful and this answer to be ACCEPTable!
Expert:
JB Umphrey
Pos. Feedback:
97.7 %
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Answered:
11/5/2009
Attorney
Michigan lawyer who explains basic criminal, consumer, and contract-related matters.
17 days and 5 hours ago.
Reply
Thank you so much.
Posted by
JB Umphrey
17 days and 5 hours ago.
Answer
You are welcome! Don't forget to have your kids help you! That's why you had them :)
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