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Old 10-07-2008, 12:10 PM
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Default home equity loans/second mortgage and foreclosure?

Does anyone know the actual laws about this? If you lose your home to foreclosure, and you have a home equity loan, I mean obviously you should still continue to pay. But I've gotten mixed opinions on this and just wondering... are you completely and legally still obligated to pay that off or since they have lost their security can you safely/legally just let it go? This is not in my nature but well we're about to lose our home, and money is insanely tight (that loan was to do work on the house we're losing) so as HORRIBLE as it sounds I'm wondering if we have an option to let that go with the home so we can start to build up an emergency savings account (as we have 0 in savings right now.)no we have no options, we are way too far behind, and we do not have the means to pay for a mortgage and rent in another place (we're Military) our only luck would be it selling, but well clearly that isn't happening. we accepted a long time ago that this could happen I just want to know about that other loan.yep but we can't pay back money we don't have. we do have it listed for sale, it has been for almost a year! We've lowered the asking price drastically. All I want to know is what happens leagally if we decide to let the second loan go with the foreclosure? I haven't decided 100% if we'd do that but I just wyep but we can't pay back money we don't have. we do have it listed for sale, it has been for almost a year! We've lowered the asking price drastically. All I want to know is what happens leagally if we decide to let the second loan go with the foreclosure? I haven't decided 100% if we'd do that but I just want to know what our options are and what our obligations would be legally. re: taxes, laws, anything.
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Old 10-07-2008, 01:27 PM
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if you have PMI, then get your house on the market and start talks with the second mortgage company ... (they usually won't work with you unless you are trying to sell it)your best bet is to try and do a deed in lieu with the second mortgage company, then they get the proceeds from the foreclosure sale and the primary company gets the money from the PMIif you do not have private mortgage insurance on the first loan and you cannot sell the home for what you have in it, then you should consider consultation with an attorney ... a short sale may be possible if both banking institutions agree to it, but you'll need an attorney's advice on that one ...also ... if you are going to try for an apartment after this, you should get the application approved before the mortgage issues show up on your credit report ...
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