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Consumer Bankruptcy : Chapter 7, Chapter 13, Protection From Claims of Creditors
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Old 02-10-2009, 04:53 PM
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Join Date: Feb 2009
Posts: 1

retention of home


What is the name of your state (only U.S. law)? California

Ok, my situation is that I purchased a franchise from a not so hot franchisor and they stuck me in an even worse mall. Needless to say I didn't even last two years and I had to file both personal and corporate bankruptcy. I had taken out an SBA loan and used my home as a personal guaranty. My question is, now that the housing market has basically crashed, is there any way to keep my home since it has dropped in value to the point that even if sold the SBA would not get a penny. Technically speaking, the SBA was a third on the house. With prices what they are, the first and second would take up all of the proceeds from the sale of the house. So, does anyone know of any way to keep the SBA lien from remaining on the property if I go ahead and re-negotiate the mortage with the bank? I am very frustrated and disillusioned at this point and am hoping for some ray of sunshine for my wife and kids sake.

Thank you,
Kevin
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