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    I am thinking of changing my mind

    discharged Ch 7 last month, 3 months behind on mortgage.. house has 30-40k negative equity, mortgage payment high $2500 rentals here go for 1500-1800. over 7k a years saving.
    Looked at fannie/mae.freddie/ mac if you foreclose it is 5-7 years before a new mortgage. FHA is 3 year from end of foreclosure or 2 years from ch 7 discharge date.

    5-7 years is a long time to rent and it is impossible here to find a rental that long term.. so it would mean moving maybe every year or 2... I have children and animals.

    I am now thinking about paying back the 3 months and maybe me taking on an extra job to give us more money per month to wait it out the 2 years (14K loss over 2 yrs than if we had rented) and try to sell it in 2 years..maybe it will have made up that neg equity and then I can move and will be approved for a loan...

    I am confused.....
    B x
    filed Ch 7 Oct 31st 2008.
    341 Dec 10th 2008.
    DiSCHARGED Feb 10th 2009

    #2
    moving sucks.... i just moved an entire house of furniture by myself and a month later, had to move again....not so bad, if you can afford movers, but i cant..
    "it looks like i picked a bad day to give up sniffing glue"! [McKroskey, airplane]

    Comment


      #3
      B65 - how much is your negative equity as a percentage of the value of the property? Is it 10% or is it 1% or is it 40%? Is the difference in the mortgage payment because of the interest rate, the principal owed or the taxes and insurance. That might make a difference in your decision.

      The reason I ask, is because if you are say 10% under water - that is really a recoverable event in a finite time period. But if you are 40% under - than that is an entirely different situation. $30k to $40k in and of itself has no real meaning without knowing its relationship to the actual asset.

      Remember, don't lock yourself into something that is going to be impossible to recover in a reasonable time period. Reasonable to you. It is a tough decision.
      Filed CH 7 9/30/2008
      Discharged Jan 5, 2009! Closed Jan 18, 2009

      I am not an attorney. None of my advice is legal advice in any way..

      Comment


        #4
        Hi

        well I owe right now $292 plus the 3 months behind..... the value is $260... some house have gone for less (foreclosures re-sold) 2 across the road in the last 6 months went for 310...so that is the average value...... so i do not think the principal or loss is too bad... The interest is high 7.5% real estate taxes are high..but they all are in this area.. if the rate droped and maybe term extended a little it would bring it to a manageble payment..... and i think it would probably get to the point where i could sell it and break even in 2 years..I could just choose to stay here until my DD graduates in 8 years as the payment would be ok for us....
        B x
        filed Ch 7 Oct 31st 2008.
        341 Dec 10th 2008.
        DiSCHARGED Feb 10th 2009

        Comment


          #5
          I think

          the percentage is around 10% negative right now right? based on those numbers....
          B x
          filed Ch 7 Oct 31st 2008.
          341 Dec 10th 2008.
          DiSCHARGED Feb 10th 2009

          Comment


            #6
            I was reading the mortgage after BK threads, and a member posted that they were able to obtain a USDA loan 9 months after discharge.

            Of course you have to qualify income wise ( it is for low income borrowers) and the property has to be in a certain area, but you would be surprised what they consder "rural". You dont have to buy a house in podunkville, ( but ya could if ya wanted to )


            Here is the link to the thread.

            Comment


              #7
              B - I PMed ya....

              Comment


                #8
                Actually it sounds like you are in a good position to keep the house and maybe work out a loan mod. If your house is fannie mae or freddie mac you may be able to work out one of the very good interest rate programs, but it is my understanding you have to be current for the last 12 months. This is a long term solution - so if you are planning to keep your home, you are best served to get the funds to the lender before the NOD.
                Filed CH 7 9/30/2008
                Discharged Jan 5, 2009! Closed Jan 18, 2009

                I am not an attorney. None of my advice is legal advice in any way..

                Comment


                  #9
                  Just as StartingOver08 stated, you may be able to get your loan modified under the new government plan since you're with Fannie Mae or Freddie Mac.

                  This page provides general background and information on the housing programs established by Treasury under TARP. The MHA program expired on December 31, 2016, however, help may still be available through your mortgage company or through the Homeowner Assistance Fund.Consumer Fraud AlertIn the beginning of 2009, the U.S. economy was facing the fallout from a housing bubble that by some measures had doubled home prices in a period of six years. By the time the Obama Administration took office in January 2009, home prices had fallen for 30 straight months. Home values had fallen by nearly one-third. Fannie Mae and Freddie Mac had been in conservatorship for four months, and American families were struggling to buy and keep their homes.In February 2009, President Obama announced a number of steps to strengthen the housing market and help struggling homeowners avoid foreclosure. As part of this broad response to the housing crisis, Treasury, under TARP, established two central programs, Making Home Affordable® (MHA) and the Hardest Hit Fund® (HHF).In December 2016, the Making Home Affordable (MHA) program expired. Although this resource is no longer available to homeowners, help is still available. Mortgage companies will continue to offer assistance. Contact your mortgage company or lender directly to inquire about available solutions.Key FactsTreasury, under TARP, launched Making Home Affordable® (MHA), to provide mortgage relief to homeowners and prevent avoidable foreclosures.The cornerstone of MHA was the Home Affordable Modification Program (HAMP®), which permanently reduced mortgage payments to affordable levels for qualifying borrowers. MHA expanded to include a number of other specialized programs.Treasury also introduced the Hardest Hit Fund® (HHF), which helps those states hardest hit by home price declines and high unemployment to develop locally-tailored foreclosure prevention solutions.Treasury's programs are part of a wider government response designed to help homeowners, preserve communities, and keep mortgage rates affordable for families.Programs at a GlanceMaking Home Affordable® (MHA)The Making Home Affordable Program® (MHA) provided mortgage relief to homeowners to prevent avoidable foreclosures. This included the Home Affordable Modification Program (HAMP), which permanently reduced mortgage payments to affordable levels for qualifying borrowers. MHA expanded to include a number of other specialized programs. MHA helped over 1.8 million families obtain mortgage relief and avoid foreclosure. MHA expired in December 2016.Hardest Hit Fund (HHF)The Hardest Hit Fund® was created to provide targeted aid to families in states hit hard by the economic and housing market downturn. The participating states were chosen either because they are struggling with unemployment rates at or above the national average or steep home price declines greater than 20 percent since the housing market downturn.


                  Was your house included in your BK? Did you sign a reaffirmation agreement? If it was included in the BK and no reaffirmation was signed then the foreclosure will not count the same as a normal foreclosure since you had no legal obligation to pay due to the discharge. In this case you would fall under the C7 rules and potentially qualify to purchase another house after 2 years.
                  Filed C7: 12/16/08; 341 Meeting: 1/22/09
                  Last Day for Objections: 3/23/09 (No Objections)
                  Discharged: 4/3/09
                  Closed: 3/23/10

                  Comment


                    #10
                    Hi question...

                    The house was included in the bankruptcy, and we did not reaffirm... the thing is do they not ask you when you apply if you have foreclosed on a house? I would have to say yes..... Are you certain that those rules apply when a house is included in a chapter 7?
                    It would make things much easier.....
                    B x
                    filed Ch 7 Oct 31st 2008.
                    341 Dec 10th 2008.
                    DiSCHARGED Feb 10th 2009

                    Comment


                      #11
                      If the house was included in the BK and shows IIB on your credit report then the foreclosure will not count like a foreclosure normally would. The mortgage co. still has to take it through that process, but it's not the same. The house (if included in the BK) wwould show as discharged debt.

                      To be absolutely sure in your mind then go back to your attorney and get clarification. If you didn't use an attorney then go consult with one.

                      The info that I'm passing along is what my attorney told me, but remember that I am only passing along info which would be secondhand info. I know how you feel...this gets pretty confusing.
                      Filed C7: 12/16/08; 341 Meeting: 1/22/09
                      Last Day for Objections: 3/23/09 (No Objections)
                      Discharged: 4/3/09
                      Closed: 3/23/10

                      Comment


                        #12
                        We had our chapter 7 discharge over 2 years ago. Foreclosure on home included in BK did not foreclose/have sheriff's sale until last September (we stayed in the home making payments as long as we could.)

                        Since it's been over 2 years, we looked into getting a mortgage (to see if we could, no plans to buy at this time). Question on loan app said: Have you had any ownership interest in a property in the last 3 years? Is the answer to that question true or false? I think true since the bank couldn't take the home as long as honored the mortgage? Correct? Called the loan officer and when I explained the situation he said it would be 3 years from the foreclosure. So we have 2.5 years go.

                        In hindsight, I wish we had given up the house at the time of the discharge. It has set us back, IF we wanted to get a mortgage. Only options we might have would be to get an in house loan at a bank if we had a relationship with any (we don't, recently changed states).

                        If someone finds out otherwise, please post and let me know.

                        Comment


                          #13
                          I wanted to say seeing i don't think anyone mentioed. Why would you have to rent for a year and move? We lived in a rental for 3 years. We signed a yearly contract. But eavh year just signed another one. You don't want to sign anything longer then a year anyway. You never know what life will bring. But most places you can just resign when your lease is up.
                          FILED CH7: 03/20/09
                          341: May 11th, 2009
                          DISCHARGED: July 13th, 2009

                          Comment


                            #14
                            Originally posted by momof3b1g View Post
                            I wanted to say seeing i don't think anyone mentioed. Why would you have to rent for a year and move? We lived in a rental for 3 years. We signed a yearly contract. But eavh year just signed another one. You don't want to sign anything longer then a year anyway. You never know what life will bring. But most places you can just resign when your lease is up.
                            Ahh...the beauty of renting after 25 yrs of ownership

                            I also have 2 kids and don't want to move around, so I plan to just renew my lease. And if I end up unemployed (again) I know I am not absolutely stuck.

                            Comment


                              #15
                              Originally posted by BK2008 View Post
                              Ahh...the beauty of renting after 25 yrs of ownership

                              I also have 2 kids and don't want to move around, so I plan to just renew my lease. And if I end up unemployed (again) I know I am not absolutely stuck.
                              I am still trying to decide what to do about my condo - keep it or not.

                              Anyway, the only thing with renting is "it's not yours", you can't decorate it the way you want to (I don't think anyway) and landlord could come in at any time.

                              Comment

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