Couple of questions

[dylan]

[NoMoreRed]

If you're going to file BK then include it in the BK so that you will not end up responsible for any deficiency. Also, if you short sale I believe you'll end up having the deficiency show up as income on your following years taxes (someone correct me if I'm wrong) as well as have it, then the BK ding your credit score.

[dylan]

Thanks
The only reason I was thinking of selling then filing is that I have no money
to pay a lawyer, or to get another place to live right now.
I thought if I could sell the house I might be able to get something to pay a lawyer to start the filing.

[NoMoreRed]

The first consultation with a lawyer is typically free. I would recommend scheduling one and asking about this specific scenario with selling your house to be sure.

[AfraidOfBK]

Dylan,
if u want to get rid of the house why not miss pmts and Include In BK? Then yo wipe out the loan obligation and a potential deficiency.

Then if you file, and they still havent foreclosed...you could stay in the house a couple months rent free, and use that money for a rental deposit..the only downfall there, isyou might have to rent from a private owner instead of a company

[dylan]

Then if you file, and they still havent foreclosed...you could stay in the house a couple months rent free, and use that money for a rental deposit..the only downfall there, isyou might have to rent from a private owner instead of a company

and use that money for a rental deposit..

Thats just it, afraidofBK, I have no money coming in, nada.
I'm still searching for employment. Already thought of that...but in order to save money to use for rent, I actually need to be bringing in money.
Thanks

[keepmine]

If you can't support yourself, bk is the least of your problems.
I'd put bk on the backburner for the time being and concentrate on getting your finances stable. Bk will always be there. You don't want to file bk and then get seriously ill and then be on the hook for mrdical bills that are post petition.
Stay in that house until, they blast you out. If per chance you do sell it and gnet some money. Use that for living expenses until you find a job. There's no hurry here-you have nothing anyone can take.

[dylan]

Thanks keepmine
Good news is I start a new job next week
bad news is I probably won't have a check for at least
two more weeks.

I always thought when a mortgage company foreclosed on
a property they can basically kick you out.

I haven't paid CC, (4), 120 days now, I haven't paid mortgage
for 90 days, got the "intention to foreclose" notice - if country wide mortgage
doesn't receive what is owed by June 17 they will accelerate the mortgage
and begin forecloser proceedings, how long I have after that-who knows.

I have an IRS audit I am trying to pay back, over 2k, (FROM TAX YEAR 2004)
I have to pay back unemployment $4550, (from last year), they say I
was overpayed. Both items above I am hoping to get taken care of
in BK .

If I am actually able to sell the house can't the trustee 1) negate the sale? 2) take any money I may get?
so if I used the money to get an apartment wouldn't I loose the apartment, or
if I used the money to pay a lawyer wouldn't they take the lawyers fee's? 3) Wouldn't that look as if I
was trying to fraud the system?

I just don't want to be thrown out into the street. , before I get a chance to re-group.

Thanks

[keepmine]

If you sell prior to filing, what you do with the money is your business. Paying a lawyer or renting an apt. or spending it on basic living expenses is acceptable. Just don't give money to a friend or relative.