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Okay here's my situation I am currently separated. When I left my home we had a buyer for the house and were set to go to settlement in 2 weeks. I moved into an apartment. The deal fell through. I found another buyer and that deal is falling through as well. My options are to go back to the house, giving up my apartment, or to let the house go to foreclosure. If I let the house go to foreclosure and subsequently file bankruptcy, how long will I have to wait typically to buy a house?

2006-08-31 03:58:13 · 12 answers · asked by THYCK-A-LICIOUS 1 in Business & Finance Renting & Real Estate

12 answers

As a loan officer and a real estate investor, I can say that a foreclosure is a lot worse than a bankruptcy on your credit report. Many non-conforming lenders will lend you money a day out of a bankruptcy, but the amount of lenders that will lend a day out of foreclosure is very few.

The way I see it, you have three options:

(1) sell the house to an investor who can close on it quickly (and won't let the deal fall through if they have a profit in the deal)...

(2) bankruptcy, which you'll have to talk to an attorney about since I can't give you legal advice,

or (3) move back into the house and work out a repayment plan with the lender to get the house back to current.

Feel free to email me if you have any questions. robert495713@yahoo.com

2006-08-31 04:57:19 · answer #1 · answered by Anonymous · 0 0

You should avoid foreclosure at all costs, if you can help it. Especially if you have any significant equity in your home. In fact, if you are considering filing bankruptcy, you can do that and delay the bank's mortgage foreclosure until you can repay - at least that way you may be able to avoid having a bankruptcy on your record AND losing the asset.

You should definitely contact your bank if you think you are likely to go into default. See if they have some type of "Hardship Assistance" program. Sometimes they can delay payment and keep adding the interest to the principal or rework it into some type of repayment plan (which is what they have to do if you file Chapter 13 - but they'd rather not have to deal with the court paperwork)

Where are you located? There may be foreclosure consultants in your area that can help. These are generally private investors that may try to negotiate a "short sale" with the bank on your behalf or some other type of option where the mortgage is paid off or taken over and you walk away with your good credit and perhaps a few dollars, or better yet, if you have a mortgage with favorable terms (pre- current interest rate hikes), they make want to assume your mortgage or take your property subject to the existing mortgage and you may be able to create your own wrap-around mortgage where you get a small cash flow out of it.

Good luck!

2006-08-31 11:25:43 · answer #2 · answered by Anonymous · 1 0

You definitely want to avoid foreclosure! That could cost you a lot of money in both the long and short term-especially if the bank is not able to recoup the balance of the mortgage. Most likely they won't at a foreclosure sale.

Even if you file bankruptcy, your credit will be seriously damaged for a long time. Even when you are able to get new loans, the interest rates will be much, much higher than you would normally expect to pay.

Depending on your state's laws, and your situation, you may consider filing for a chapter 13 bankruptcy (reorginization) as opposed to a straight chapter 7 (liquidation of your debts). Chapter 13 bankruptcy is designed for homeowners who want to keep their home.

Some mortgage companies will refinance home loans even if they are in chapter 13 bankruptcy. Some will refinance even in foreclosure, as long as it happens BEFORE the foreclosure sale date.

If all else fails, there are companies that buy "distressed" properties. Basically homes in danger of foreclosure sales. It is generally much better to sell your home to a broker for a discount, than it is to have it sold at a foreclosure sale. You will avoid the negative ramifications of a destroyed credit rating. This is good if your home's sale value is at least enough to cover the payoff. Some of these brokers can close in a very short period of time.

Good luck! These are just general suggestions. You can find many of the details of how to procede by contacting a mortgage broker or a bankruptcy attorney. The information shouldn't cost you anything. You can learn about the procedures and laws by doing simple web searches.

2006-08-31 11:49:11 · answer #3 · answered by Leroy 5 · 0 0

If you have the option I would suggest you move back in if you can afford the payment and sell the home rather than let it go to foreclosure. If you let it go into default and file bankruptcy you are going to be a position of having to re-establish credit in order to qualify for a new mortgage. I have been in the lending industry for 13yrs and it is getting harder to qualify now because of the amount of delinquency due to exotic loan programs. If you do let the home go and file it will depend on the overall situation as to what you will qualify for. Most sub-prime lenders require you to be out of foreclosure for 1yr and have 3 trades of re-established credit before they will consider giving you a loan. If you can come up with a 20% or more down payment you may qualify quicker or you could look for a Land contract purchase which would allow you to purchase it now and make the payments to the land contract holder for a year or 2 until you re-establish your credit and will qualify. If you do a land contract make sure it is recorded and you pay with checks so you have a record of payment which the lenders will require when you look to refinance the land contract. If you need further assistance you can contact me at my office (614)985-3771 or email cbrown@structuredmortgageltd.com.

2006-08-31 12:05:03 · answer #4 · answered by c b 1 · 0 0

Girl if you let that house go into foreclosure and file for bankruptcy, you will subsequently mess up your credit. You won't be able to buy another house for between18 mos-2 years. I would get rid of that house now before it gets too late. Plus all creditors will be trying to charge you high interest rates on everything.

2006-08-31 11:09:21 · answer #5 · answered by ? 3 · 0 0

I'm a loan officer for a mortgage company. FORECLOSURE IS BAD!!! for the most part you need to be out of foreclosure for two years before anyone will look at you. in the eyes of an investor, why do i want to lend money to someone that does not pay their mortgage. contact me if you have any questions.

2006-08-31 11:04:57 · answer #6 · answered by slip-slappy 2 · 0 0

If you have 20% down, you can buy a house right away. If not, I should wait at least three years, that way you qualify as a first time buyer.

2006-08-31 11:01:45 · answer #7 · answered by tina m 6 · 0 0

call your bank and explain the situation. The bank would rather work with you to avoid foreclosure. maybe you could refinance the house and live in it?

2006-08-31 11:08:19 · answer #8 · answered by george 2 6 · 0 0

7yrs but it can stay on your credit for 10 and to buy another home you may have to put a huge down payment. Move out of the apt. and go home till it sells. This happened in my first marriage and I signed my rite to him, thank God, because he foreclosed and I was not held accountable.

2006-08-31 11:08:57 · answer #9 · answered by livlafluv 4 · 0 0

I don't think you will be able to get a mortgage for seven years after bankruptcy

2006-08-31 11:02:44 · answer #10 · answered by Rich Z 7 · 0 1

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