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Conference nyoss1::market_investing

Title:Market Investing
Moderator:2155::michaud
Created:Thu Jan 23 1992
Last Modified:Thu Jun 05 1997
Last Successful Update:Fri Jun 06 1997
Number of topics:1060
Total number of notes:10477

306.0. "Foreclosure/Bankruptcy" by ASDG::CASAS () Fri Nov 06 1992 03:23

    
    
    Hi ,
    I have some questions, I have to decide to do the following, and
    still have so many questions in my mind, I hope one or some of you can
    help me answering these questions?
    
    If you had no equitity in your house and HAVE to move.
    
    	Would you consider foreclosure.? (what is really foreclosure... I
    mean, what if the bank can option the house for at least a reasonable
    amount, do I have to pay all the balance? a portion?. Would the
    bank really try to option for a good price/ or would it let it go
    for anything, because I will be paying the rest?)
    
    Is there any other choice??
    
    Is deed in lue of foreclosure as bad as foreclusure ( I mean 
    credit wise)? (What is the difference between forecl. and deed in lue)?
    
    Would my credit be ruined if I opt for foreclusure.?
    How would my credit be ruined.. I mean what would really be affected.?
    e.g if I try to buy a car, would they denie it.? rent an apartment?
    etc.
    
    
    I do apprecitate ANY help.
    
    Blanca
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306.1The details matter; ask a lawyerTLE::JBISHOPFri Nov 06 1992 12:1117
    Get a lawyer, as the exact details of the impact on you depends on
    the state you live in, the terms of the mortgage and other papers
    and your personal situation.  Most lawyers offer a free initial
    consultation, but expect to pay for real help.  Don't go to the bank
    with your questions!
    
    It is very likely that your loan is made to you in such a way that
    you can't just hand over the house and walk away free.  Foreclosure
    is a process where the bank takes your house; if you willingly turn
    the house over ("deed in lieu of foreclosure") you are saving them
    some court costs but you're not changing the overall transaction
    much.
    
    There's no substitute for professional help when you need it, so
    I'll repeat myself: Please go get a lawyer's advice!
    
    		-John Bishop
306.2become a landlordETVS03::LOGRANDEStone CarverFri Nov 06 1992 14:467
Rather than throw away your investment why not lease it out until you have 
accumulated enough equity to make selling more palatable.

Contact a local real estatate agent to get an estmate on what level of rent  you
might reasonably expect (some of them will manage the property for a fee).

D:LG>
306.3repliesASDG::CASASSat Nov 07 1992 02:3215
    
    re -Note -1
    
    Thank you, I have a lawyer, she advices me to get out of the property
    forget about paying anything. I just don't like to do so. I believe
    that I should know about the repercussions before I make the
    big move. She believes, I should do move and then things will take care
    of themselves. I am going to change her, it is just that everything
    adds up.
    
    re Note -2.
    
    Good idea, I will do so.
    Blanca
    
306.4There are several note on this in the Real Estate conferenceFRITOS::TALCOTTMon Nov 09 1992 18:583
TALLIS::NOTES$LIBRARY:REAL_ESTATE

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306.5The banks don't want us to know about homestead actWFOV12::CHANGThu Apr 08 1993 14:122
    You can also look into the homestead act at the clerk of deeds and
    find out how that might help you.
306.629067::J_OPPELTdecolores!Sat Jul 23 1994 19:3412
    	re .-1
    
    	Homestead act only protects your house (and the equity therein)
    	if the claim being pressed against you is for something other than
    	the loan on the subject property.  So if you allowed foreclosure
    	on some other investment property, or if you got sued for some
    	liability claim, or if you bankrupted against a bunch of consumer
    	debt (assuming you are reaffirming the mortgate on your residence), 
    	then the homestead provisions will protect your house.
    
    	But if they are foreclosing on your residence, homestead is
    	useless.