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Foreclosure- Garnishment and Bank Account Seizure?

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richardlepre

Junior Member
I am in Florida. I have submitted a short sale contract with Countrywide for $99K less than the remaining mortgage amount and they rejected it. I am selling because of emotional and mental distress and have submitted a doctor's letter as well as all of the financials. Problem is that the mortgage company feels that I have enough income to pay the mortgage and the rent I now pay at an apartment. I am hoping they will come to some sort of terms to allow me to close the deal and I am willing to negotiate to pay some of the outstanding balance but I certainly cannot afford $99,000.
My question is if they refuse to deal and foreclose on me, can they garnish my paycheck and can they freeze my checking account? I have no other assets, only $13K in a 401K, and need my paycheck to make bills and pay for my child's college education. But I am scared they will take my wages for the rest of my life?
Should I be moving what extra cash I have out of my bank account? I am so confused...
 


HomeGuru

Senior Member
I am in Florida. I have submitted a short sale contract with Countrywide for $99K less than the remaining mortgage amount and they rejected it. I am selling because of emotional and mental distress and have submitted a doctor's letter as well as all of the financials. Problem is that the mortgage company feels that I have enough income to pay the mortgage and the rent I now pay at an apartment. I am hoping they will come to some sort of terms to allow me to close the deal and I am willing to negotiate to pay some of the outstanding balance but I certainly cannot afford $99,000.
My question is if they refuse to deal and foreclose on me, can they garnish my paycheck and can they freeze my checking account? I have no other assets, only $13K in a 401K, and need my paycheck to make bills and pay for my child's college education. But I am scared they will take my wages for the rest of my life?
Should I be moving what extra cash I have out of my bank account? I am so confused...

**A: the very short answer is yes they can.
 

richardlepre

Junior Member
I am using a short sale company to try and negotiate something less than the $99K. I made a big mistake when I bought the condo, I put it back on market within 6 months and the bottom fell out - this was the first and only offer I received after 18 months being listed. The comps in the area support the sales price I received, I am no longer living there, and I tried the best I could to stay and keep making payments. It got so bad that I am on a bunch of meds for boplld pressure and nerves, sleeping, etc. My doctor even wrote a letter recommending L leave my condo for my own mentla well-being. Do I trust the realtor and the short sale comany or do I try and deal with the loss mitigation department directly? I can't afford the 99K, I would be able to give them some cash now and make payments for a length of time but I could never get out from under that amount of money.
 

HomeGuru

Senior Member
I am using a short sale company to try and negotiate something less than the $99K. I made a big mistake when I bought the condo, I put it back on market within 6 months and the bottom fell out - this was the first and only offer I received after 18 months being listed. The comps in the area support the sales price I received, I am no longer living there, and I tried the best I could to stay and keep making payments. It got so bad that I am on a bunch of meds for boplld pressure and nerves, sleeping, etc. My doctor even wrote a letter recommending L leave my condo for my own mentla well-being. Do I trust the realtor and the short sale comany or do I try and deal with the loss mitigation department directly? I can't afford the 99K, I would be able to give them some cash now and make payments for a length of time but I could never get out from under that amount of money.
**A: you're not alone. There is going to be more than a million homes like yours.
 
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richardlepre

Junior Member
Sigh- I have heard so many conflicting recommendations...move cash out of my bank account, or don't. Stop paying the mortgage, or don't. Etc. Seems there are no rules of engagement, no way to directly work out the issue with the lender, and it just makes it such an anxious process. Let me ask, is the worst that can happen is that they would offer me a loan for the difference?
 

HomeGuru

Senior Member
Sigh- I have heard so many conflicting recommendations...move cash out of my bank account, or don't. Stop paying the mortgage, or don't. Etc. Seems there are no rules of engagement, no way to directly work out the issue with the lender, and it just makes it such an anxious process. Let me ask, is the worst that can happen is that they would offer me a loan for the difference?
**A: yes or they can get a judgement and work out a payment schedule for the difference.
If you default , they can go after you.
 

LindaP777

Senior Member
Sorry, a couple of things I don't understand . . .
Why are you paying rent at an apartment when you own a house (especially if you can not afford both)?
Have you tried to rent the house with the mortgage to help pay the mortgage?
Why do you think you need to pay for your child's college education (especially if you have not saved up for it and can not afford your debts)? Lots of adult children pay their own way, or work their way through college.
How much do you think is fair for the bank to loose because of your mistake? Surely you can see that $99,000 is asking too much for the bank to take a loss (especially when you don't want to touch your $13,000 in a 401K).
Seems like you have choices, just none you'll willing to make a sacrifice for (but yet you want the bank to do all the sacrificing).
I hope you see how it looks to others on the surface.
 
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richardlepre

Junior Member
Hello Linda P:

Firstly I did not say I want the bank to eat it all, I said I want to negotiate something reasonable.
I rented an aprtment because the condo community where I own has turned into a motel, with most units on weekly and monthly rentals at low rents (owners bought pre-2006 at 1/4 of what the market was in 2006)- they are charging the lowest rents around and it has become a party spot and unliveable- I have had it on market for a long time and steadily decreased the asking price because the property values keep on falling- also I am on 3 meds now because living there and paying 1400 a month for a veritable motel room was making me emotionally ill
The highest rent I could get is 600 a month, a loss of 800 per,so if we do the math and say the market turns around in 3 years, I am in the hole 30K right there
Regarding my child's education, my divorce agreement mandates I pay child support through graduation- I added a few bucks to it to make it so she might be able to start life without a ton of debt, unlike me who paid student loans off for 10 years after graduating
You ask what do I think is a fair amount foer the bank to lose? Well let's see...since Countrywide was at the forefront of the scam they ran with the property appraisers and they also told me how to fudge my app so I would get the mortgage...I would think a fair sacrifice would be to see what the TRUE value of the property should have been when I bought, or maybe what it is worth now- yes shame on me for buying high, I am stupid. Me and a million other people.
I would think that if they deduct the 20% for PMI whaich I have paid for 2 1/2 years that would be a starting point. Oh and the interest they made over the rate they give out for the 2 1/2 years might be fair as well. I paid off $2,000 in principal while the property devalued by $100,000- they got their 25K in interest didn't they so far?
Perhaps you can send them the doctor's letters and a list of the meds I need and help them budge off their no deal position. I am asking them to come to a middle ground- I expect to pay a work-out for many years, I don't expect them to forgive the whole debt. But you are telling me that if you cannot peacefully live somewhere and would lose almost a thousand dollars a month to rent it, you have to just sit there and wait for the market to turn? I tried for 18 months to sell it, this is the first offer I ever got.
You know what the bank's loss mitigation department told me (from Bombay, India, where I finally got through after several months of trying?) They told me to try and do a short sale and if it is not accepted, do a deed-in-lieu. I am trying to be as fair as I can, and sorry you don't see that. I haven't even been late with a payment yet, this month will be the first one I missed.
Yep my mistake, you are right, ruin the rest of one's life over it. Got scammed- shame on me. Tried to work it out with Countrywide months ago, can't talk to anyone in the U.S. They won't talk about it until you are facing foreclosure, won't even DISCUSS it with me. Miss 3 payments and maybe we will talk with you. Sorry you are current. Won't even discuss a work-out, nothing.
So tell me Linda, if you overpaid by 200%, couldn't cover 1/2 your mortgage by renting, and had folks screaming and fighting all day and night outside your home, what would you do? Remember the bank won't even talk to you unless you are 3 months delinquent.
I am open to suggestions**************......
 

LindaP777

Senior Member
So tell me Linda, if you overpaid by 200%,
Sorry, I would not have, so I can't relate.

what would you do? I am open to suggestions
Have you talked to a bankruptcy attorney?

Be prepared to give up your 401k as part of the negotiation with the bank. You give up $13k, they give up 13k. Try that.

And I still don't know why you moved into an apartment instead of staying in the condo. That just added more problems to the already mounting pile.
 
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Your sequence of events sounds horrible and you may not be getting the sympathetic answers you are looking. However, Linda's response is right. Regardless of how much over you paid, how much rent you're NOT able to receive, or how rowdy the complex is; it always comes down to the bottom line. You owe the bank $.

Maybe Countrywide should be more understanding. They don't have to be. You haven't missed a payment yet, they're not alarmed. Just like any other mortgage holder, they start coming after you only when 2-3 payments have been missed. They could care less what you're forecasting in the next 6 months. Its not their job to care.

You need to consider what Linda has responded with because those are your only options.
Rent out your condo. Its better to pay 1/2 the mortgage than 100% especially if you're not living there and you're going to start missing payments. You do have the 401K which you may need to pull out as a bargaining chip w/ Countrywide. As much as you would like to help your daughter start her life debt free, it makes no sense to ruin your own credit and finances to make her life easier than yours.

Think about it.
 

richardlepre

Junior Member
I appreciate your savvy buying skills. Do you live in FL? Have you experienced the market here or in CA? The bottom fell out when Countrywide was exposed .....can you relate?

I am willing to pay them some cash now, 10 or 20K (depending on borrowing on the 401K, family, etc.). I am also willing to take a note for some of the difference. I am just asking them to (yes asking them) be somewhat open to a setlement amount. If not, I lose the buyer, I walk away, and all parties lose. A foreclosure costs me, costs them and no one wins.

I owe them money. Got it. At this point it doesn't matter if its 99K or 150K, either amount will destroy me.

Again the only way I could get them to even listen to what I have been telling them is to miss payments. Seems a bit ridiculous that when one tries to even discuss the options available as the home is on the market for sale, they won't talk to you.
had they said we will work out a loan for the difference at x%, at least I would have a clue. They won't even do that yet. All they say is no deal.

My realtor is uisng a 3rd party short sale company so I have been told not to contact the bank directly. I am really lost at this pont.

I do aooreciate the advice, I am a bit sensitive on this whole issue. My health and work performance were suffering living in that rat-hole and I had to leave or else risk losing my job. The doctor even wrote a letter to Countrywide saying that it was literally making me a basket case and he recommneded I get out of there. I guess the rental part is my choice, but if you ever had a bad bite of food from a plate, sometimes you just want to throw out the whole plate.

At some point I will have to tell the broker to fish or cut bait, with his 3rd party short sale company and get an attorney - and beg Countrywide for some compassion.

I do not care very much about my credit rating at this point, I am most afraid of wage garnishment and sezing of my bank account.

Anyway thanks again
 

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