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Should I even try?

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    Should I even try?

    My situation, in a nutshell: surrendering home in bankruptcy, bank obtained a relief from stay and initiated foreclosure. Before they filed the foreclosure action, I offered a deed in lieu of foreclosure in exchange for getting out of the house earlier. No deal - they filed foreclosure papers in state court in mid-december.

    Now I have a realtor calling (ironically, the same realtor who sold us our house). She has a client who wants to see the house; I explained that the house is in foreclosure and I can't sell it anymore.

    So she calls my bank and, after talking with them, says that they'd be willing to do a short sale, maybe. She wants to know if I'd show the house to her buyers.

    Frankly, I don't want to be bothered with this anymore. I GAVE the bank a chance to play nice, but they didn't want to. I see no upside to having to keep the home in "show condition," perhaps having to make repairs, take time off of work to be home to show the place, have the place in "move in condition" when I leave, etc., etc., and maybe have a short sale. At this point, I'd like to just stay in it rent-free, move out when I want to, leaving behind all the crap I don't feel like packing up, and walking away.

    Should I even bother with trying to do a short sale at this point?

    #2
    Absolutely not.

    There is no advantage to you in a short sale or deed in lieu of.

    The mortgage has been discharged. There is no recourse for the lender (unless it's a Chapter 13 and they file a deficiency as an unsecured claim).

    Walk away.
    Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
    Status: (Auto) Discharged and Closed! 5/10
    Visit My BKForum Blog: justbroke's Blog

    Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

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      #3
      I'd agree with just, the bank decided to play hard ball, now they can just sit and suffer for their shortsighted mistake.

      (Personal opinion) I'd make NO repairs or do anything to "improve" the looks of the house (Interior/Exterior) but I wouldn't make it a trash heap, however, you can just leave what you don't want behind (Besides the bank) and walk away.

      I see this more and more, people willing to "Work with a bank/lender" but when it all falls down and the bank then says "How about we talk?"

      Then they get huffy with they get the middle finger salute. Well deserved in most cases.

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        #4
        Dont' bother, not worth your time and effort to give a paycheck to your realtor. There is no benefit to you, so don't do it.

        Or, if you want to test the real estate agents resolve, tell her this...

        "I will only do a short sale with you if you agree to give me 60% of your commission...before costs"
        Last edited by HHM; 01-06-2009, 06:51 AM.

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