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Home foreclosed in Arizona. Still Paying Home Equity Line of Credit?

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Question:  Our house was foreclosed in Arizona on a little over a year ago in AZ. But we are still getting (and paying) the bill for a Home Equity Line of Credit we had on the same property. Is there anything we can do to reduce or eliminate this bill since we were foreclosed?

Answer:  -Yes, if I understand you correctly, you are making the same payment on your HELOC as you were before the auction. Usually in a situation like this, most homeowners will settle with the bank for a smaller amount and create some sort of payment plan to payoff the note within a short time. Another option is to file bankruptcy and wipe it out completely. This is the main reason why banks will usually work with you in finding a solution because they would rather have some money instead of no money. Hope this helps.

HELOC and 2nd Home

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Question:  I have a home (rental) with a first mortgage with one bank and a line of equity with another (Chase). We have our personal home with just a first mortgage but also with Chase. If we default on the equity line of credit tied to the rental home can it effect our current home since its with the same bank?

Answer:  – No, unless you used your personal property as additional collateral for getting the HELOC on the rental property. Because they are completely separate properties they can’t do anything to force the sale on you just because to don’t pay on the one. What they can do if you foreclose on the rental is file a judgment against you so you’d have to re-pay that, but usually that doesn’t happen and there are ways to prevent that from happening. Normally they will 1099 you for the amount they lost and you’d have to pay taxes on it.

Short Sale Credit Impact

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Question:  I am working on a short sale with my primary lender and plan to move into my condo that was a rental. I have a second on the condo that is held by the same lender I’m doing a short sale with. This loan is floatin at todays rates. Do i need to worry about this loan when my credit goes south after the short sale and will i be able to refi it after a short sale

Answer:  – Your credit will be affected for a few years after the short sale. The short sale credit impact you feel will only be for a short sale and is not as bad as a foreclosure or bankruptcy. With a little diligence and credit repair, you should be able to refinance within a few years once your credit is established again and assuming your home value does not decrease. Lending and re-financing has tightened up a bit and good credit is still a big factor.

Collection Agency For Line of Credit

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Question:  My primary home was foreclosed on in May of 2011. The two lines of credit have been reported by the lender to Equifax as written off back in October of 2008. Some collection agencies are calling me now asking to pay for these line of credit. I must say this, I never used any $ amount from these HELOCs. That was the original set up of the loan. Please let me know. Can they ask for anything now?

Answer:   Yeah this typical when you go through a foreclosure. A collection agency for your line of credit is assigned to handle your case. They will call you and try to work something out. Either a payment plan or work out a settlement. Whatever you do, don’t just ignore them and do nothing. Try to work with them.

Behind on my house payments with PNC.

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Question:  I am behind on my house payments with PNC. I filled out the loan modification package as they instructed 4 WEEKS AGO and I still don’t know anything. I have an appt. to meet with a HUD attorney in Oakland next week. She said we should talk before I contact PNC myself. She said that since my loan is FHA that PNC HAS to ‘work with me’ in regards to OBAMA loan mod. packages, etc. Does anyone know what my chances are with PNC? I do have a legitimate hardship. I have Cornea Ecstasia which caused me to go blind. I had a cornea transplant over 1 1/2 years ago and subsequently missed a lot of work and got behind. My hardship is documented by two physicians AND I had to be retrained since I am no longer able to teach/see in the classroom as I have for over 20 years. I don’t want to lose my home and now PNC is not accepting any payments at all until my problem is remedied. How long will this process take? HELP!!!

 

Answer:

Unfortunately, you are not the only one in this situation where it seems like the bank is dragging their feet. I hear story after story of loan modification failures, poor communication, lack of cooperation on the banks end, etc. and there is not much you can do besides the daily phone calls or having an attorney get involved. They will tell you the loan modification will take a month or two when realistically it could take 3 to 4 months. The problem is that the lenders typically don’t put a hold on the foreclosure process while you are waiting for the modification, which means while you are waiting, the auction date gets closer. And if you are denied the modification, you’ve just wasted valuable time in finding a solution to avoid foreclosure. It’s always a good idea to have a backup plan “just in case” the first option didn’t go as planned because time is your biggest enemy right now. Here is a list of homeowner options for you.

My question to you is, do you have a 2nd mortgage? If so, there might be another alternative to loan modification. You can wipe out your 2nd mortgage completely which will help lower your payments, in essence do the same thing as a loan modification, however, by wiping out your 2nd mortgage, you also eliminate debt which a loan modification does not do.