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    What should I do?

    I am moving to another state to be with my fiance and get married. We have been apart for 3 years and it is time to get there.

    I own a home with a 1st mortgage & a 2nd HELOC on it. I pay all of my bills on time including my house payments but the house is upside down. I have considered a short sell but the credit ding is the same as a foreclosure. A BK is allegedly less of a ding on the credit. I have called the bank adn they only want to pursue the short sell and are not interested in taking a charge-off and redo the loan...although I am sure that their mark-to-market accounting shows a lower amount.

    I have a 401K and a little money in the bank but not enough to sell the house and cover the difference in value vs. loan amount, closing fees, agent fees, and attorney fees. I also have a car payment but no other assets other than the money in the bank. Even with a short sell, I do not have enough money for all of the fees.

    So my options are foreclosure versus BK. I don't want the house, I just want to get home. If I foreclose and the house sells for less than the debt owed, can the bank come after me? If I fill BK, will the mortgage and HELOC be discharged?

    I don't want to get rid of the auto and credit card debt, just the house. But if a BK credit report score ding is almost that of a foreclosure, that just may be the option.

    Thank you in advance for any help.

    #2
    If you let the house go into foreclosure the lender can come after you for differences so you may end up paying for a house you no longer own.
    Leave you 401 K ALONE that’s your retirement and that money is safe from the BK.
    If you file BK and the loan on the house is discharged then you can walk away and let the bank take the house and you are not responsible for any differences
    Chapter 7 07/30/2008
    341 09/17/2008
    Discharge 11/21/2008

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