Foreclosure…bank seeking judgment on Home Equity Line of Credit?

Sunday, 5. September 2010

I was told by my real estate agent that if I did a short sale or foreclosure on my home in Arizona, that both the first mortgage and Home Equity Line of Credit (taken out 9 months after home purchase) would both be relinquished in a short sale or foreclosure. Because the house had dropped significantly in value and half the lots were vacant from owners doing the same thing, I decided to proceed with the short sale. It wasn’t approved and went into foreclosure. Now the bank is pursuing judgment against me to garnish my wages. Unfortunately, I can’t afford to retain an attorney. Is this a case I can win, even if I represent myself in a civil suit against this realtor? I also have email documentation asking him specifically how both loans would be treated. He responded with "Don’t worry, I have it!" I also have a witness to him telling me this verbally. According to the anti-deficiency laws, the second loan is not forgiven because it’s Non-Purchase Money, is this correct? Also, I’m wondering if I have a strong enough case to pursue this in civil court, representing myself.


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How can a Hard Money Collector get his money on 650k that is outstanding against properties?

Saturday, 4. September 2010

a Real Estate Broker that my friend works for lent people money against the equity of their homes at 5% per month, now many of those people are losing their homes, how can he collect after the foreclosure, ist even legal what he was doing given that he was a real estate broker?

He’s trying to sell the loans off, will he have any luck and what can he expect?


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real estate loan transfer or deed,below market value?

Friday, 3. September 2010

If Me And Another aSsociate agree to buy a property to let it build equity,i put the down payment,and he uses his credit & name,agree to transfer property,to me,ibuilds,now have my own loan,but prior to transfering or selling it ,he re-financed and used the equity, does he have to sell it for what he owes,?can i buy it from him below market value?


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I co-own the house but not the loan, will my credit take a beating in a foreclosure?

Thursday, 2. September 2010

My girlfriend and I got a house a year ago in Maryland. The loan is entirely in her name but the title of the house is in both our name. We are in over our head with this loan and with the state taxes for Maryland going up each year and thus the escrow we are finding it impossible to keep up. When we did a fair market analysis on the house using a local real estate agent we found in just 1 year we have negative ,000 equity in the house. My question is this, if the house goes through foreclosure will my credit be affected? What if we get married before the foreclosure? I’m worried if we get married at the wrong time and we lose the house it will be tied to my name as well. We are thinking if she loses the house maybe I can get one in just my name next year. Anyone knows if this will work? Thanks in advance…..
Some additional details that might help clarify our situation. The house loan is 0,000 or ,300 a month. My girlfriend makes 0 a month. Not nearly enough to pay the mortgage. The idea when we bought it was for me to pay the loan as she doesn’t make enough to pay it herself and with a baby coming we wanted a nice house to raise our son in. She got one of those shady deals where they gave her a 0,000 loan by saying she was self-employed when she in fact she wasn’t. Before this housing and banking collapse you could get a loan without documenting your income and your ability to pay by claiming you’re self-employed. Nice little loop-hole huh? Anyway, she never said she was self-employed mind you but the guy that worked out her loan said he would put in through like this otherwise she would never qualify for a loan. I couldn’t be on the loan because I had lost my house to foreclosure due to a nasty divorce a year before that. It’s now been more than 2 years since my fore


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Gift of equity home purchase from Father to Son…. options?

Wednesday, 1. September 2010

Hello.

I am seeking clarification of my options in a gift of equity home purchase situation. I realize I need to discuss these details with my CPA, but I’m looking for some more detailed information from the real-estate point of view.

- My father’s home is worth 9,000.
- He wanted to "gift" me 4,000

- Is there anyway I can buy the home without losing any equity? Is there a difference if sells me the home for 5,000 or if he sells it to me for 9,000 (and I use the 4,000 gift as a down payment)? I beleive my loan officer told me that there is a difference, but either way, I’d be borrowing 5,000.

Can anybody please clear up this situation? I heard that one option would require no money down on my part, where the other would require 5% cash (which is no problem).

Any information is appriciated.
If you could, please also answer this:

- Is there a way I can maintain the difference in equity on the home (4,000)? My accountant says there is a way… but I’m confused by the whole situation right now.

- Am I correct in assuming:

Purchase price: 9,000
Earnest Money deposit: 4,000 (gift amnt)
Total Amount finance: 5,000

Total:
earnest + amount financed + loan assumption + cash balance at closing


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My home is not financed, but can I get a mortgage against it as a loan?

Tuesday, 31. August 2010

I’ve lived in a co-op for over 20 years. Recently, the HUD loan was paid off for this property. Now, we have converted to market rate condos, and we can sell our unit for whatever the market will bear.

I could really use a loan for paying down debt I’ve aquired over the years, and for home improvement as well. Would it be possible for me to obtain a mortgage for maybe half of what my unit is worth (,000-25,000), and like buy it from MYSELF, so I can keep the place I live in, and also have money to payoff some high interest loans and credit cards? It’d be like a refinance, but I am basically not financed at the moment. Others here have sold to real estate offices, and other buyers. I am just interested in getting some equity out of my unit for now. I am ready to move immediately forward if this, if this is a possibility. What do you all think? Possible, or IMpossible?


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DO FHA loans allow for someone to take over payments?

Monday, 30. August 2010

Real estate in my area is in a slump and I am trying to sell to relocate. I am on my third realtor and still nothing. I am thinking about offering to sell the house for 10K(my equity) and allow the buyer to take over payments(56K) but my loan was an FHA loan(Countrywide is the lender) Can I do this?


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My mom wants to call my personal loan?

Sunday, 29. August 2010

My mother made a personal loan to m 6 years ago for ,000 from an equity line of credit. I used it for school and to purchase a condo. Now that the market has crashed, my homes’ value has fallen 50% and I will likely opt to liquidate the property for a loss. (I am a licensed real estate agent.)

A financial planner told her that it is in her best interest that I pay off this loan ASAP because the the bank could demand immediate payment in full at any time and if I didn’t have the money then she would have to pay it from her own savings.

As a result she has rallied all my brothers and sisters to pressure me into returning home to live there until I can pay off the ,000 by basically giving her all my earnings until the loan is paid down.

As much as I want to pay the loan off fast, I am 29 years old and I do not want to move home with my 2 younger brothers and parents. In a 2 bedroom house, I would basically be living in a tool shed until I’m in my early 30s.

I do not think it is fair that I should be made to feel guilty for what has happened to me due to the economy, or what could potentially happen to her for making this loan to me. She tells me, "I feel I will never get that money back" It saddens me to think that she doesn’t trust me but I do not think it is fair for her to put such a huge responsibility on me and expect me, a single, 29 year old, to move home for a few years and give her most of my earnings.

What should I do?
The reason I haven’t paid the loan down is because I have paid off my high interest credit cards first, and then real estate market has crashed leaving me with just enough money to make interest payments and live on. Now I intend to find a stable job in the next two months unless I can start to make money.
She is trying to accelerate the loan. There was never any agreement to do this. If a bank tried to do this it would be called "loan sharking."


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