Hi ,Can anyone on this helpful forum tell me what will happen after my bk closes if a home I reaffirmed goes into foreclosure?I really made a mistake by keeping it and now work is slow in my hometown so I am unsure of how I will keep it up.Thanks for advice
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What happens if I foreclose on reaffirmed property after the bk is over?
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Originally posted by keepmineIf you have any equity, you need to sell it now.
Depending on state law, if the home is foreclosed, you may well be liable for any deficency balance.
My sister house has been onthe market for 7 months. Only 3 people have looked at it, no one comes to open houses. They fired on realtor and got another and it's still stagnet. The market is dying in a lot of areas.Filed 09/05
Discarged 1/2/06
Closed 1/13/06
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Generally, in order to get the Lender to accept an offer of DIL, you need to have been trying to market the property for a while first. Same with a Short Sale. You have to demonstrate to the Lender that you've tried, and to date, cannot sell the property.
Since you reaffirmed the debt during BK, you lost all BK protection for discharging the responsibility for the mortgage. You could be held liable for the deficit balance regardless of how you proceed. DIL, Short Sale, or Foreclosure.
Foreclosure is gonna be the most expensive option. The Lender will add all lates, penalties, fees, and interest charges to your principal balance. Then there will also be the added cost of the Foreclosure itself. Foreclosure costs are mainly legal fees as many times Lenders turn over the Foreclosure to a Law Firm to act as Trustee of the Sale. But there's also advertising fees as well. And, if you leave the property well in advance of the actual Foreclosure Sale, the Lender will repair anything necessary to bring the house to code, maintain the yard, and possibly even winterize the plumbing as the weather turns colder.
If you can hang on for a while, try marketing the house on your own, you can then try applying for a Short Sale with your Lender. If Short Sale doesn't work, then offer a DIL. Either of those alternatives is the "cheaper" way to get out of your home rather than go into Foreclosure.
Definitely, be communicating with your Lender from the Get Go on this. The more you talk with them, the better able they are to help you more quickly.Filed Ch 7 - 09/06
Discharged - 12/2006
Officially Declared No Asset - 03/2007
Closed - 04/2007
I am not an attorney. My comments are based on personal experience and research. Always consult an attorney in your area to address concerns related to your particular situation.
Another good thing about being poor is that when you are seventy your children will not have declared you legally insane in order to gain control of your estate. - Woody Allen...
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