Filed ch7 which included my house. I just had my 341 and still waiting to find out what happens. I intend to try and save my house after discharge without reaffirming. I figure I'm about $15k upside down on my first to WF and owe $24k on a HELOC to Fifth Third Bank. I want to settle for pennies on the dollar with 5/3rd and remodify with WF. Is this possible? Who do I contact first? WF or 5/3rd? Both have to happen for this to work. Any advice would be greatly appreciated. How much should I offer to pay on the $24k to settle? Thanks.
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What's the value of your home? If it's worth less than $150K, then I wouldn't do any of what you want to do. My "recommendation" limit for keeping an underwater home is 10% of value. What you would do, if after you throroughly run the numbers, is discharge the debt. Then keep payments current on the first. File for a modification at the same time you offer 5/3 Bank 5% for the 2nd. They may come back with 15-20% to buy it out. Then offer then 6-10% and that should be your final offer.
Where is this money coming from?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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Thanks for the info. I think my house is worth about $180k and I owe $195k. Just can't afford the payment the way it is and now I'm three months behind. I plan on taking a loan from my 403k. I know everyone says it's a bad idea but I don't care. It's worth it to me to keep living here and have my kids go to the same school. It's not like I'm talking all the much money if I can get away with paying the second off 10% of the $24k I owe. If I could refinance the $195k at a low interest rate I'd be ok.
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In your particular case, I could concur with looking into this strategy. It will be contingent, however, on settling with the 2nd lender. As I wrote in my initial post, I like to see no more than 10% negative equity in the property. Since your value is $180K and you owe $195K, that is certainly within the 10% or $18K difference! It's the second that makes it not worth it. Should you settle for $2K or so, then that's $195K + $2K = $197K. That's just under 10% negative equity.
I would just make sure to run all the numbers and make sure you get a really good deal with the second lender. I don't know when you'll be able to refinance. I'm hoping that you can actually afford the first mortgage as it is. I also hope that it's not an option ARM or other adjustable rate mortgage.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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Originally posted by Miknan View PostI really can't afford my 1st mortgage as it is now. I originally bought it for $219k at fixed rate of 5.3%. I'd like to refinance the $195k into another 30 year mortgage and hopefully get it at a low interest for a few years. I sure hope the banks work with me.Filed Chapter 13 02/2006 - Confirmed 05/2006 - Discharged 09/2011
I'm not an attorney. My replies are merely suggestions or observations, not legal advice. As always, consult with an attorney before making any decisions.
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Great point! Yes, refinancing is a new debt and a new obligation.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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Miknan,
Did you have any success with your negotiations with Fifth Third Bank? Please share your experiences with us or come back in a few months and let us know what happened.
I am considering contacting Fifth Third to settle a debt that survive just like you and I'm curious how easy they were to work with on the settlement and whether they settled for a small percentage or not.
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