Legal Advice

Voluntarily walk away from a mortgage/home? related questions

  • 1Voluntarily walk away from a mortgage/home?

    I've been in my house for 3 years and have lost about 100K in equity at that time. This house was not meant to be a long-term home , only one to get my family out and hire a desirable neighborhood after selling . The market crashed , and now I feel like I'm stuck . I do not want my children in the schools in this area ( two years away) and I like it here . I recently filed a Ch.13 BK to get rid of a significant amount of debt and now I wonder if I should change my Ch.7 and Ch.13 to include my house . Now ( after the cap . 13 BK ) have no problems with any of my accounts money is not a factor here . I just do not like where I live and I want to be in a place where I feel that my children can play outside without worrying about them both . I considered renting, but this seems to be more of a task than I can handle at this point in my life , but the idea is not off the table . I consulted with my family and friends , and things have gotten worse ... I out 1/2 on one side and half on the other ... I'm looking for the pros and cons of this situation . Any advice will be great .

  • 2Can you surrender a home voluntarily in a Chapter 13 bankruptcy?

    I've heard many people say always

  • 3Might walk from my mortgage in Michigan?

    In short : We are $ 100K upside down in our mortgage . My wife is losing their working hours , we have a second child , I work for GM and could completely lose my job before October , wifes have 60K in student loan debt , no mortgage lender will help or modify the loan and stress of all this is driving my marriage with the ground . We are looking to buy a house forclosed firesale priced under the name of my wife / credit and let me fall on the knife with the foreclosure to ensure we have a home for our family . If I do not walk , later this year that will not be able to keep up with current payments regardless of whether or not I am still employed because of the situation of my wife with work and the need to be home with children to save on childcare costs . Do away at this point makes sense , or am I dilussional here ? I can not see any way out , and a bankruptcy attorney I know you do not need to pay for something , you just have to walk. I live in Michigan to boot , so it certainly will not help anything . Comments , thoughts or tips .. please!

  • 4I just found out my mortgage was included in bankruptcy. Can we walk away?

    Some friends filed for chapter 7 bankruptcy in Ohio back in 2007. They thought they reaffirmed the mortgage because they were never notified otherwise. They have never moved and continued to pay the monthly mortgage payment. Recently they went to get a small personal loan and when the loan officer pulled the credit report they noticed the mortgage states "included in bankruptcy". They contacted the mortgage holder and was transferred to the bankruptcy, then legal department where they were notified to contact their attorney. We have left a message and are waiting on a return call from the attorney. The biggest question is since this has been "included in bankruptcy" will further damage be done to their credit by walking away from it now? The credit report shows the balance of $0 and they are worried that while mortgage holder is accepting payments they may be paying towards no potential ownership of the house. The auditor website still shows them as owners. We are not really sure where to go at this point? We are really just looking for some advice and direction.

  • 5Can I just walk away from my home without a foreclosure on my credit?

    I asked Chapter 7 bankruptcy in 10 / 05. I was discharged on 03/06 . I filed under the old bankruptcy laws . Well my attourney apperentely never no longer practices law paperwork I had filled the redemption to keep my house . I've never missed a payment , even during bankruptcy , with all good intentions to keep my house . Well last month I went to qualify for a new home and sell the current home. I learned that Wells Fargo was not informing my credit bearau ! NIGHTMARE ! Because they are not reporting that I have a loan to buy a new house . I called Wells Fargo and I said I will help all I can do is refinance to get back home to my name . Now I feel so frustrated I just want to give back and keep going. I can do it legally and not redeem the residence during my bankruptcy ?

  • 6Will I be legally obligated to pay anything if I walk away from my home and let it go into foreclosure? (FL)?

    In the state of Florida , I will be punished ( for example , having to pay the difference in the loan if the bank auctions the house ) if I walk away from my house and let it go into foreclosure ?

  • 7If i filed bankruptcy 2 years ago and did not reafirm my home can i just walk away now?

    i went bankrupt two years ago . i did not reaffirm the loan . However , payments have become so high that I can not afford to stay home . If I stop paying the mortgage and just walk away , that are considered part of my bankruptcy . or they may come after me to repay the loan .

  • 8Can the 2nd mortgage loan on my home (80-20) be erased in a bankruptcy? The home is worth less than the first

    I have two mortgages and I plan to go bankrupt . I learned that I can get the second loan will be erased by bankruptcy, as it is ulnsecured debt , because the value of the house is totally less even than the first loan ? Is it possible ? under Chapter 13 or Chapter 7?

  • 9Can I get a second mortgage on home if first mortgage is in chapter 13 bankruptcy?

  • 10Can Chapter 7 protect you from loosing your home if you own your home out right &do not have a mortgage?

    My parents own their house on the right, so you do not have a mortgage, but having a home equity loan . If you file for Chapter 7 , they will lose their home?

  • 11When can my husband and I get a home mortgage?

    We were discharged in Chapter 7 bankruptcy , the 12th of last month. and we have been repairing our credit reports have accumulated our credit ratings , and save a down payment, my husband's salary is 96,000, per year when we buy a house , and we can obtain an FHA loan with a low interest rate , andput only 5% to 10 % down payment .

  • 12Can I legally give back a home with a 1st/2nd mortgage. ?

    I have a mortgage 1a/2a (1- VA , 2 = subprime ) , I want to return . If I have the right to Ch 7 because my debt secured puts me over the limit of means test , if I give again only have 2 car payments after renting it again I will save approx . 700 months . Also I have about $ 21K in unsecured debt . Does anyone have any advice on this?