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Bank of America - Be careful what you say.

 I called B of A to make a payment, and although I never asked for loan assistance, the representative asked me if I reside in the house.  Thought that was an unusual question as I was simply making a payment, not requesting a short sale, not going into bankruptcy etc. 

 

Sounds like B or A (and perhaps other large banks) are getting more savvy and since the calls are recorded, are establishingwho does or who does not occupy the house which is the basis for loan assistance. 

 

Because it varies from state-to-state whether, in a short sale, the bank will choose to sue the homeowner for the deficiency.  

Chapter 13 Bankruptcy - Income Qualification Issue

A Chapter 13 bankruptcy is much more expensive that a Chapter 7.  Although it is appropriate for certain situations, you should know that a Chapter 13 will require a "plan."  The plan must be approved by the trustee - and he probably won't approve it if you're unemployed - he wants to see steady income to show that you can perform on the Chapter 13 repayment plan.

 

Trying to pay up at the last minute to avoid foreclosure from the first mortgage?

If you decide to pay up on the late amount owed on your first mortgage to avoid foreclosure, make sure you call the foreclosure trustee (name and number listed on the notice of sale given to you) to confirm the exact balance to pay. Also confirm the address.  You also must pay this prior to 5 days before the foreclosure date - or the lender can reject your payment and foreclose.  (Tip - send via fedex or wire it)

Bankruptcy - Can I Keep the House?

Yes, in most cases.  Most people I come across believe that filing a bankruptcy (Chapter 7 or Chapter 13) means you must dump the house.  That's a misnomer.  The real question, at least in these times, is whether you should keep the house.

 

The First Mortgage Just Foreclosed on My House - What is the Second Mortgage Going to do?

In these days of homes that are upside down, know that, in most cases, it is highly likely that right when the first mortgage lender forecloses, the second mortgage lender will be coming after you. (sometimes even before the foreclosure).  In those cases where you are the target of a second mortgage lender, however, oftentimes they will negotiate the remaining balance.  Different lenders vary greatly on the amount that they will settle upon.  It is best to have an experienced and knowledgeable negotiator undertake that task; for example a real estate attorney. 

 

How Long Will a Foreclosure or a Repo Stay on My Credit Report?

 7 years.   http://www.credit.com/answers/categories/Credit-Reports-and-Scores/

 

 

Foreclosures and Your FICO Score - What is the impact?

16 posts categorized "FICO Scores"

March 24, 2010

Credit Score Recovery Time from Foreclosures and Short Sales

What's now a million-dollar question was only a 25-cent question yesterday, because everyone already knew the answer: How long does it take for your credit scores to recover from a short sale or a foreclosure? Years, right? These incidents remain on your credit reports for seven years and short sales are reported as either charge-offs or settlements. Those two events, as well as foreclosures, are all seriously negative and could significantly damage your credit scores for many years.

So why has this suddenly become a topic of debate, discussion, and conflicting answers? Because in March 23rd’s American Banker, Barrett Burns, the CEO of credit score provider VantageScore Solutions claimed, "...it can take borrowers as little as nine months to repair their credit score after a short sale or foreclosure."

Wow, that’s great news! Or is it? I found this difficult to believe, so I interviewed Craig Watts from FICO – credit score inventor, and VantageScore’s prime competition – to get the company’s input on how long it takes to repair your credit scores after such an event. Here’s the full transcript of my interview, unedited.

Ulzheimer: Is FICO willing to go on the record discussing the impact of a foreclosure and/or a short sale on a consumer’s credit score?

Watts: "FICO has consistently found that past payment history is the single most predictive category of information when we empirically develop credit scoring models using consumer credit histories. As an example, we recently looked at a sample of about 10 million credit reports representing a highly diverse U.S. population. We examined that group's most recent, twelve-month performance window. We found a default rate of 2.9% for the subset of all consumers with a clean credit record, and a default rate of 49% for the subset of all consumers who had had a recent foreclosure. In other words, consumers who recently experienced a foreclosure were about 17 times more likely to default on a credit obligation in the next 12 months than were people with a clean credit record. Obviously, recent credit defaults are vitally important when one is objectively assessing default risk."

Ulzheimer: How long does it take for a consumer’s score to recover after a short sale or foreclosure? And by recover, I mean fully recover.

Watts: "A consumer with a foreclosure or similar default on her credit report can expect her score to begin recovering after a couple of years if she consistently pays all her bills on time, keeps any credit card balances low, and takes on new credit only when needed. As the default event ages on her credit report its influence on her score will diminish, until the credit bureau removes the record from her file after seven years."

The bottom line is this: You can't fully repair your credit score in as little as nine months unless you can convince the credit bureaus to remove the items from your credit reports. And as long as the items are accurate they will remain for seven years. Your scores will begin to recover in time as the item gets older and older and loses predictive value, but unfortunately it won’t happen after only nine months.

John Ulzheimer – Credit scoring and credit reporting expert and author, John is the President of Consumer Education for Credit.com. Formerly with Equifax and Fair Isaac, John shares his unique insight of the inner workings of credit scoring models and the credit reporting industry on CreditBloggers.com.

 

 

Will Banks Finally Agree to Lower Principal on Home Mortgages?

 Blurb from Bloomberg.com.  "Banks may be forced to resort to a remedy thethey've been trying to avoid - principal reductions - as another wave of foreclosures looms and payments on risky loans rise, Bloomberg BusinessWeek magazine reports in the Jan. 18 issue....

 

Read More
Walk Away From Your Home? One Perspective

Check out this link:  www.housingwatch.com/2010/01/25/the-new-mortgage-revolution-walk-away/      The author views walking away strictly as a business decision, and invites the reader to set aside "morality" concerns.  Worthwhile reading, although there's no discussion about the risks/consequences of this option, which vary from state to state.

 

 

A Chapter 7 Child? Not going there...

 Met a client - no, I do not recommend having another child just to have enough members in the household to meet the income test in a Chapter 7 bankruptcy.  I would never make such a recommendation.  If you want to have another child for other reasons, go for it.  What if the child is not born at the time you file the bankruptcy?  I'm not going there.

 

 

Occupy your house at the time foreclosure commences

 I just got done meeting w/a client who can't get her loan modification accomplished on her own.  The lender keeps losing her file and she keeps re-faxing it.  They always ask her the same questions again and again.  She wanted to simply move out of the house, live with a friend and let the house go to foreclosure.  I advised her that under Oregon law, if she does not occupy the house at the time foreclosure commences she could be susceptible to paying the deficiency, or the difference between what she owes and what the house sells for.  She will now remain in possession to comply with the law and minimize her chances of paying that deficiency.