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Looking for a little advice on foreclosure.


Posted: May 11, 2010

After struggling for 2 years to stay in my home, it looks like I've lost the battle, and will most likely go into foreclosure.  How long of a process is this?  Because of all the pay cuts at work, I don't even qualify for a modification at this point.  I just don't know if I have any options left.  I would greatly appreciate any information or suggestions from someone who has gone through this.  This house is all I have left of value and I am devastated that I will probably lose it.

;

The so-called help programs are no help at all. nm - walking away

[ In Reply To ..]
Mortgage company won't even talk to you about them until you're behind. Two reasons you might look at allowing the foreclosure -

1. If you live in a non-recourse state (where they cannot come after you for the rest of the money after the house is sold at auction.

2. If you have very little equity in the house or house is so underwater it will never regain the value it had when you bought it AND you live in a state that has a 6-month or 1-year redemption period.

Google the name of your state and non-recourse foreclosure for the first one and then name of your state, redemption period foreclosure on the 2nd one.

I'm walking from mine and I have no problem with doing it. People will try to scare you into believing it's immoral or that you will never be able to buy a house again - simply not true. I am getting almost a year of free rent (staying in house until the very last day I can) and I'll be able to get another house in about 4 years.

A bad mortgage is like an anchor around your neck.

Walking away hurts your neighbors property value. - sm

[ In Reply To ..]
Sorry you are going through this but to say walking away is the answer and it effects nothing is the wrong answer. The fact that your house will no longer be kept up with will affect your neighbors' homes unless you are in a secluded area of the country.

How sad that it got this far before anyone would even work with you to try.

I tried multiple times, they required that I be 90 days past SM - walking away

[ In Reply To ..]
to even discuss a modification, and when I did get to talk to them about it, they flat-out told me I did not qualify due to lower income.

There's really nothing else I can do. The bank told me they have no options for me. I guess I would say if you have a vacant house on your street that's causing your property value to drop, don't blame the homeowner. I suspect these banks want the empty houses, will sit on them until the market comes back and then will make their usual killing.

I think that it is immoral... - Kendra

[ In Reply To ..]
While it might seem easy to villify the banks, they are losing money on this stuff, too, which affects EVERYONE. I can understand having problems making your bills, but the getting a "year of free rent" bothers me. What exactly is not immoral about that? Nobody forced you into the bad mortgage that you have.

To clarify... - Kendra

[ In Reply To ..]
I don't think that losing your house is immoral--I fell for anyone who loses his/her home. I think that the attitude that it is no big deal and the "I'll get them" sort of attitude that so many have is immoral. Trashing the house before you leave, et cetera, is bad, or living in it as long as possible without paying is bad. I understand that there are hard times and nobody wants to lose his/her home, but I hope if I ever do, I can do it with as much class as possible.
Kendra great post -sm - totally agree
[ In Reply To ..]
I agree 100%. There are people who have lost their jobs and lost their incomes and just can't pay their mortgage payments because of it. Then there are the people who at the height of the housing boom went out and bought a house that was way beyond their ability to pay for. Those people knew going into it that the payments were going to go up each year (more than their income was going to go up) but they bought them anyway just because they could. Those are the people I can't feel sorry for. And those are the people that make me mad that "we" the citizens of this country have gotten messed over because the banks didn't get paid. Sure the banks loaned money to people who were poor risks financially but they did not force those people to sign on the dotted line and move in. Now a huge majority of them are crying and trashing the houses before they move out or looking for a way to live rent free for a year. If I go out and buy the top of the line Mercedes tomorrow (even though I can't find a job now) who is going to make the payments for me? No one, they will repo it within about 60 days. Why is buying a house they could not afford any different? Again let me state this does not apply to all people, there are people who were making it just fine and not overextended until they lost their jobs or had their wages dramatically cut and I bet if you took a survey those are NOT the people trashing the houses before they move out. Like Kendra said "Have some class", even if times are tough right now.
Who says everyone is trashing the houses? - Typin_away
[ In Reply To ..]
Sometimes it does take that long to find another home to move into. Especially if you must file bankruptcy along with it. It takes time to gather money so you can live credit free and doing everything on a cash basis.

I had to move in with family and put what stuff I could save in storage while I looked for another house. I in no way trashed the house with the exception of what the flood did to it.

I actually heard in the news today that the majority of the forclosures now are not due to a person overextending themselves, but they are people with a good credit history that fell on bad times.

I don't think that anyone is... - Kendra
[ In Reply To ..]
Having just bought a foreclosure recently and looked at several, I can say that about 50% of them were trashed. Whether or not the people who owned them just lived that way to begin with, I cannot say, but I would bet that the one with feces in three corners of the living room was not a lifestyle problem, it was done on purpose. The house we bought was clean and taken care of. The man who owned it apparently cut off his hand while cutting crown molding for the house and it was mortgaged way too high to ever sell it for enough. They tried to sell it, moved out and let it go into foreclosure. I feel terrible for those people and felt guilty for buying it until I realized that they lost it whether I buy it or not. However, the fact is that SOME people do trash the houses on purpose.
Yes, I want to know where I said anything about trashing sm - walking away
[ In Reply To ..]
the house. I have no interest in damaging it in the least.

And as far as you feeling that it is immoral to allow a foreclosure to occur, I'm sorry you feel that way. I certainly did NOT get a mortgage that I couldn't afford and I think it's interesting that you just assume many people are in houses they couldn't afford.

Where have you been for the past few years? Job cuts? Layoffs? Even the MT field pay is DOWN. Would that maybe have something to do with the foreclosure rate?
Nobody said anything about YOU trashing anything... - Kendra
[ In Reply To ..]
nor did I say that it is immoral to allow a foreclosure to happen. I said that it is immoral to live somewhere for as long as one can without paying rent.
Oh my, let me get a big cardboard box so I can SM - walking away
[ In Reply To ..]
rush out and live in it because YOU think it's immoral to stay in the house. I have a right to be here according to the law. I still own this house. Why should I rush to get out so some vulture can move in?
If you think it's okay, you are the one who has to... - Kendra
[ In Reply To ..]
live with what you do, not me. Why does it matter so much to you what I think? Why are you so angry?

I posted below with the Been There Done That post but - your attitude is disturbing.

[ In Reply To ..]
The "free rent" comment and having no problem walking away from your home -- that attitude is a slap in the face and disturbing.

And BTW, it takes longer than 4 years for that foreclosure to roll off your credit report and you won't get a mortgage loan with a foreclosure on your credit report.

The mortgage is not the problem, the ability to pay it is.

Shaking my head at your sad attitude...

Have you looked into a short sale? - Thats what I am doing

[ In Reply To ..]
Talk to a realtor, one who is a "Certified Distressed Property Expert." The agent I signed with is doing the house selling, while a company she works with is doing all the negotiating with my lender(s). I don't have to deal with the bank myself, and it is costing me nothing. The agent and negotiating company will have their fees paid by the lender with proceeds from the short sale.

Also, with a short sale you might be eligible for relocation assistance to the tune of $1500 - $3000.

I personally have no problem losing my house. It is so underwater, I am just throwing money down a hole... and doing that on half the income I was bringing in two years ago. I hate homeownership and can't wait to go back to renting.

I am sorry you might lose a home you care about. Don't just resign yourself to foreclosure without at least looking into a short sale.

As far as timelines for the process of either, I would guess that varies by state and lender.

My best advice is to talk to a professional. Don't let it just happen to you. There are several options other than modification, foreclosure, and even short sale.

Sucks, I know... but good luck to you.

short sales - are an option

[ In Reply To ..]
but be aware that there can be very expensive tax consequences. Make sure your lender explains everything concerning the taxes and get it in writing.

Been there. Here's what happens ... - sm

[ In Reply To ..]
It takes a few weeks/months. Just be saving your money - don't pay another payment. Save your money and be looking for another place to live, utility deposits, get your furniture/belongings packed and ready. You will get several legal letters about the foreclosure process. Then you will get a notice that your home is being "auctioned" at the court house on X date and time. It's best to just show up. There won't really be an "auction" unless someone reads the notice in the paper and is interested in buying but 99 times out of a 100, no one shows. Just show up. The rep there to handle the sale will be there. They may ask you some questions, etc. They will get your signature.

In the next few days, you will receive papers to vacate. Move when you are ready (before the vacate/eviction date). Make sure you lock windows and doors and simply leave the key on the counter or not - they will change locks.

Take a deep sigh of relief and move on with your life.

They are taking your house - not your life, your children, your job. Just your house and you can get another later if you want. It's not the end of the world. It's not the end of your credit rating. It's the beginning of a new start.

The best thing is the relief and to realize that NOTHING in this world is worth the stress you are going through at this moment. Just accept this process. Take your relief NOW - don't be miserable another hour.

You can email me if you like.

Thanks for all the advice from everyone -- to top it off, I got my gas cut off today - sweetpea

[ In Reply To ..]
I used part of my mortgage money to pay the gas bill ($600), and now they can't get it turned back on until next Tuesday. All because I live in GA and Atlanta Gas Light takes their money from all the different providers, all due to de-regulation in this stupid state. When I called customer service, I spoke with someone in AFRICA!! Talk about adding insult to injury. Not sure what this country is coming to, but I'm not feeling very patriotic today. I am resigned to accept whatever happens from here.

I have been told different things by different people at my mortgage company. First they tell me not to bother to make a payment because it's going into foreclosure, then I get told from somebody else there to go ahead and make a payment so it won't put me that much further behind. I am so frustrated and angry, as I have always been able to pay my bills, and now for the first time I can't, and no one seems to want to work with me.

At any rate, thanks to everyone that has offered words of advice and support, and good luck to anyone out there going through the same issues.,

I feel better just by having vented and knowing that I am not alone.

Don't make another payment! Keep your cash - for moving, food, etc.

[ In Reply To ..]
Do not allow yourself to be cash-poor. You need cash to survive.

Just Me
I could not agree more! Do not keep paying when SM - walking away
[ In Reply To ..]
you know it's a lost cause. Use your money to catch up your utilities and start putting away money for a rental (rent, security deposit). Do not go hungry or without utilities to pad the bank's wallet!!!

Baby, you are in NO WAY alone in this. Believe me SM - walking away

[ In Reply To ..]
We are a drop in the bucket as far as how many foreclosures there are in this country. You take care of your utilities, feed your family, put gas in your car, salt away some of the money to rent.

As the other person said, it's just a structure when you come down to it. I know it hurts, but when you accept the inevitable, the stress goes away. Trust me on that.

And make sure you know the process in your state. SM - walking away

[ In Reply To ..]
In mine, I have 6 months from the date of sale to get out. So guess what? The bank has put the sale off 3 times now. I have gained another 1-1/2 months to live here for free (well except for utilities). I know people who have been in their homes for 18 months and still the house hasn't been sold. Don't leave until you absolutely have to.

I had a forclosure - Typin_away

[ In Reply To ..]
It was in a bit of a different situation. The home had a flood and we were already drowning in debt and could not afford to fix it so we let it go and filed bankruptcy. I believe it was 18 months before someone bought it. Had it been livable I could of lived there free for that 18 months.

a note on short sales... - mt

[ In Reply To ..]
If you are in a short sale situation, make sure that the short sale approval documentation addresses any deficiency debt (how much or whether it is forgiven) and that you understand whether you may be held liable for any remaining debt above the sale proceeds. Make sure you seek competent legal and tax advice so you fully understand the issues and dangers involved. In cases where you have to repay the debt, that is when people file for bankruptcy because they have no means of repaying the debt. Please do your homework.

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