Home     Law Advice     Insurance Advice     Community    
Go Back   FreeAdvice Legal Forum > REAL ESTATE LAW > Buying & Selling a Home

Powered by Attorney Pages


  Find An Attorney In Your Area    
 

Reply
 
LinkBack Thread Tools Rate Thread Display Modes
  #1  
Old 09-22-2003, 07:49 PM
nmc
Guest
 
Posts: n/a

surrender current home; buy new


What is the name of your state? Indiana

Our Chapter 7 was discharged in July 2003. We did not reaffirm home due to owing more than what it is worth and the deteriorating condition of the home (foundation,etc.). We would like to purchase another home in 2 years. Which would make it easier to get a mortgage for another home: staying in this home while making voluntary mortgage payments until we find another home to purchace or leaving this home and renting another home; thus, making a clean break from our current home.

Would a lender even look at us if we are still living in the current home? We have no intention of selling the home; we will just walk away. It is included in BK7; therefore, we have no legal obligations. Also, we would not get nearly what is owed due to a falling market in our area.

I know from research that we should wait at least 2 years with clean credit to purchase another home.

Any help is greatly appreciated.
  #2  
Old 09-24-2003, 11:52 AM
Senior Member
 
Join Date: May 2000
Location: Catatonic State
Posts: 75,781

Re: surrender current home; buy new


[quote]Originally posted by nmc
[b]What is the name of your state? Indiana

Our Chapter 7 was discharged in July 2003. We did not reaffirm home due to owing more than what it is worth and the deteriorating condition of the home (foundation,etc.). We would like to purchase another home in 2 years. Which would make it easier to get a mortgage for another home: staying in this home while making voluntary mortgage payments until we find another home to purchace or leaving this home and renting another home; thus, making a clean break from our current home.

Would a lender even look at us if we are still living in the current home? We have no intention of selling the home; we will just walk away. It is included in BK7; therefore, we have no legal obligations. Also, we would not get nearly what is owed due to a falling market in our area.

I know from research that we should wait at least 2 years with clean credit to purchase another home.

Any help is greatly appreciated.

**A: you need to seel legal counsel as your interpretation is incorrect. If you did not reaffirm, the mortgage was not discharged. The Trustee just abandoned the property due to no equity. Therefore the property was not part of the BK estate, the mortgage remains intact and the lender continues to have foreclosure rights in the event of default.
  #3  
Old 09-25-2003, 08:01 AM
nmc
Guest
 
Posts: n/a
Thank you, HomeGura. I will check this out.
  #4  
Old 09-25-2003, 10:39 AM
Senior Member
 
Join Date: May 2000
Location: Catatonic State
Posts: 75,781
Quote:
Originally posted by nmc
Thank you, HomeGura. I will check this out.
**A: Ok and post back your status.
Reply



Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools
Display Modes Rate This Thread
Rate This Thread:

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is Off
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are On
Forum Jump

All times are GMT -5. The time now is 03:59 PM.



IMPORTANT NOTICE
THE VIEWS EXPRESSED ON THIS PAGE WERE NOT REVIEWED BY THE EDITORIAL STAFF OR ATTORNEYS AT FREEADVICE.COM. Thousands of professionally prepared and reviewed questions and answers in 130 legal categories are to be found at the Question and Answer pages at FreeAdvice.com.

F
reeAdvice Forums are intended to enable consumers to benefit from the experience of other consumers who have faced similar legal issues. FreeAdvice does NOT vouch for or warrant the accuracy, completeness or usefulness of any posting or the qualifications of any person responding. Use of the Forums is subject to our Terms and Conditions which prohibit advertisements, solicitations or other commercial messages, or false, defamatory, abusive, vulgar, or harassing messages, and subject violators to a fee for each improper posting. All postings reflect the views of the author but become the property of FreeAdvice. Information on FreeAdvice or a Forum should not be relied upon and is not a substitute for advice from an attorney licensed in your jurisdiction who you have retained to represent you. To locate an attorney visit AttorneyPages.com. Copyright since 1995 by Advice Company. All Rights Reserved.