How do I get out of my house?

Question Details:

I own a home and owe quite a bit more than it is currently worth. We need to move and are in an area where there is legal issues tied to a water problem that makes selling a house next to impossible. What are our options?

Asked 11/17/2009 under Real Estate | 203 View(s) | More Legal Topics

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Real Estate Law Answers

Based on the state of the economy you are in a very similar position as many other americans.  The options that you have are letting the bank foreclose on the property and take it back in a foreclosure proceeding.  this will affect your credit and the bank will retain rights to sek a deficiency judgment against you- i.e. the balance of what is owed after the foreclosure sale may be collected against you unless you live in a non-recourse state.  However, the house will no longer be your problem and you may walk away.  the other option is to do a short sale.  in this case, there is no deficiency.  the bank accepts a payoff in lieu of the total amount owed.  however, your credit is still negatively impacted.  the short sale is a better way to go if you can find a buyer or investor that can clean up the property.  i suggest hiring a real estate agent to determine which one is best for you.

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