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    Questions about forclosure and heloc

    Hello,

    I had a home in idaho that got forclosed on and one in california. The home in idaho had a 1st and a 2nd, both used for purchase (100% financed.) The home in California had a first (which forclosed) and a heloc. I lost the home in California 2 years ago and the home in Idaho on Febuary 16th of this year.

    The 2nd from the home in idaho is still trying to collect $54K and the heloc in california is still trying to collect $150K.

    I still have a primary in cali valued at around $550K with a $590K loan.

    My Question:

    Should I file for BK, and if so what type? Should I try to negotiate with the creditors myself? Will these debts ever go away?

    Best,
    CharlesShaw

    #2
    Welcome to BK Forum, Charles - glad you found us.

    We need more information before we can help you sort out what's possible and what's best to do in your situation.

    - What state do you currently live in and how long have you lived there?
    - Are you married? Kids? Other adults living with you?
    - Looking back six months, how much income from *all* sources have you and your family living in the same domicile made?
    - Do you have other secured assets besides the two foreclosed homes? (Cars? Other property?)
    - How much equity do you have in the other secured assets right now?
    - Have you filed bankruptcy before? If yes, what chapter and when?
    - Is a business (or businesses) involved in your finances? If yes, what type of businesses are they? (LLC, S-Corp, etc) Are you personally liable for the business debts?

    This will give us a good start. No need for names or anything really specific - just looking for basic information. Once we know more about your current financial and family situation, that will help us help you better.
    I am not a lawyer and this is not legal advice nor a statement of the law - only a lawyer can provide those.

    06/01/06 - Filed Ch 13
    06/28/06 - 341 Meeting
    07/18/06 - Confirmation Hearing - not confirmed, 3 objections
    10/05/06 - Hearing to resolve 2 trustee objections
    01/24/07 - Judge dismisses mortgage company objection
    09/27/07 - Confirmed at last!
    06/10/11 - Trustee confirms all payments made
    08/10/11 - DISCHARGED !

    10/02/11 - CASE CLOSED
    Countdown: 60 months paid, 0 months to go

    Comment


      #3
      Sorry for not giving these details:

      - I currently reside in California and have lived here for the past 14 years.
      - I am Married (but only my name is on all of the forclosed homes). I have one child as of January of this year.
      - 6 months ago my household was grossing $9800/month, with the new baby we are currently averaging around $8K/month.
      - The only secured asset (which is in my wifes and my name) is our primary residence. Purchased 2 years ago currently worth around $550K with a
      $590K loan. No other car loans, etc.
      - Negative equity I in our home I believe. I am guessing on the current value as I haven't had an appraisal, I watch my market pretty close though.
      - I've never filed for BK before.
      - A business is not involved in my finanaces

      Comment


        #4
        Should I have posted this somewhere else

        I don't care about having bad credit, and the calls really are not that bad. I just don't want them to sue me down the road or something.

        Do they have a certain time limit to collect on these debts? Will they ever go away if I don't pay and don't file for bk?

        Any help or advice would be greatly appreciated.

        Comment


          #5
          Any idea's?

          Will this ever be removed from my credit?

          Any idea's on reading materials for me?

          Comment

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