What is the best course of action for dealing with a home that is underwater?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

What is the best course of action for dealing with a home that is underwater?

I bought a home in IL for $282 K with 5% down 5 years ago. I was living there until I got transferred to AZ. Hence I rented the home out. The home is now depreciated and is only showing $200 in the market. Since I had 2 mortgage loans on it and it comes to $1800/month and property tax of $650/month, which makes me spent another $1000 per month on top of the rent to keep the home. What would be the best option for me? Short Sale? Foreclosure? Or any other options to reduce the mortgage payments?

Asked on July 25, 2011 Illinois

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

If the home is a purchase money loan, meaning the loan you have on it was solely for its purchase and there was no refinance, then potentially if you lose it in a foreclosure, there might not be any recourse to you for any deficiency for the loan amount.

Can you afford the home or not? If you cannot afford it, perhaps consulting with a real estate attoney in your state is an option to discuss a short sale or letting it go into foreclosure and the resulting tax ramifications as to a short sale or a foreclosure.

Another possibility is a loan modifcation with the lenders in place or even a refinance of the loans at a lower interest rate. However, if the loan is refinanced, you most likely lose any purchase money benefits for deficiency purposes if the home is lost in foreclosure or sold in a short sale.

Good luck.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption