California Foreclosure Question - 2011?
I live in California and I am thinking of letting the bank foreclose on my house ("walk away"). I've read the pertinent information regarding foreclosure law in California:- California Code of Civil Procedure 580b (applies to me)- The Mortgage Forgiveness Debt Relief Act and Debt Cancellation (applies to me)- California Mortgage Forgiveness Debt Relief Act (extended to 2013, applies to me)My situation details:- Obtained an 80/10/10 ARM ($480K/$60K/$60K) from Countrywide (now BofA) for a $600K house in 10/2005. All "purchase-money" loan. Never refinanced, no cash-outs and actually paid $40K on HELOC).- It's my main and only property, and I've lived in it since I bought it.- The house is worth about $400K, so actual amount of forgiven debt will be about $100K-$150K (depending on what bank gets on sale).- Current modification application with BofA "pending review" for the past 4 months.- I could keep making payments, and could actually pay off the entire loan ($1million in separate assets).- I'll either buy a house with a new loan prior to foreclosing on this one, or pay cash for one if I wait after the foreclosure (should be around $400K).I will most likely hire a foreclosure attorney just to be safe, but even if I don't I just wanted to see if the only adverse effect will be my credit rating. From all I have read, I should be in the clear: no deficiencies, and possibly be able to stay in the house about 6-months after I stop making payments (due to California's foreclosure timeline/laws). But I want confirmation about any gotchas I may have overlooked. Any hidden fees, etc.If you've gone through the process in California recently (2009/2010), any unexpected issues?Thanks.
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