Ask Experts Questions for FREE Help!
  Advanced
Register  |  Log in  
   Ask    
 Answer  
  Help  

Ask QuestionsprogressAnswer QuestionsprogressBuild ReputationprogressBecome an Expert
 
Free Answers in 3 Easy Steps

Register Now
3 Steps

At Ask Me Help Desk you can ask questions in any topic and have them answered for free by our experts. To ask questions or participate in answering them you must register for a free account. By registering you will be able to:
  • Get free answers from experts in any of our 300+ topics.
  • Accept money for answers that you provide.
  • Communicate privately with other members (PM).
  • See fewer ads.

Home > Law > Real Estate Law   »   If we give our house back to the bank when we surrender it, how can they collect?

 
Question Tools Search this Question Display Modes
Question
 
 
#1  
Old Aug 22, 2007, 09:11 PM
Propitatory33AD
New Member
Propitatory33AD is offline
 
Join Date: Aug 2007
Posts: 1
Propitatory33AD See this member's comment history on his/her Profile page.
If we give our house back to the bank when we surrender it, how can they collect?

Because theMarket has dropped SO bad, we are "upside down in our house verses our mortgages by $150,000. We can no longer afford to live here. If we give it back to the bank, what can they collect from us? We have no assets. We are both disabled with small children. Only lots of medical and credit card debt. We file bankruptcy and that would be that would be that, correct? There is no Gulag for people in debt in the US. Are there risks beside a black mark on our credit?

Reply With Quote
 
     

Answers
 
 
Old Aug 23, 2007, 03:53 AM   #2  
excon
Expert
excon is offline
 
excon's Avatar
 
Join Date: Aug 2005
Location: On the outside
Posts: 8,298
excon See this member's comment history on his/her Profile page.excon See this member's comment history on his/her Profile page.excon See this member's comment history on his/her Profile page.excon See this member's comment history on his/her Profile page.excon See this member's comment history on his/her Profile page.excon See this member's comment history on his/her Profile page.excon See this member's comment history on his/her Profile page.excon See this member's comment history on his/her Profile page.
Hello P:

I think you understand your prediciment pretty well. If there's nothing to collect, then there's nothing to collect. You might try a short sale. That way the bank takes the hit or at least shares it with you. I'd certainly try it.

excon
  Reply With Quote
 
     
 
 
Old Jun 26, 2008, 01:39 PM   #3  
westnlas
Full Member
westnlas is offline
 
westnlas's Avatar
 
Join Date: Jun 2008
Posts: 322
westnlas See this member's comment history on his/her Profile page.
You may very well be "judgment proof". The worse that can happen is for the bank to attempt to collect on any judgment they get against you. At that time you can declare bankruptcy. Corporations do this all the time. Your credit is already shot when late payments start. Bankruptcy last 7 years and late payments 10 years. If you do decide to do this. Do it sooner rather than later and stop making any payments at all. Save the money for a new place to live. You might need to pay cash for everything for a few years, but your money goes further without interest payments.

It's hard to squeeze blood from a turnip.
  Reply With Quote
 
     
 
 
Old Jun 26, 2008, 02:35 PM   #4  
JudyKayTee
Expert
JudyKayTee is offline
 
JudyKayTee's Avatar
 
Join Date: Oct 2007
Location: NY State
Posts: 6,299
JudyKayTee See this member's comment history on his/her Profile page.JudyKayTee See this member's comment history on his/her Profile page.JudyKayTee See this member's comment history on his/her Profile page.JudyKayTee See this member's comment history on his/her Profile page.
Quote:
Originally Posted by westnlas
You may very well be "judgment proof". The worse that can happen is for the bank to attempt to collect on any judgment they get against you. At that time you can declare bankruptcy. Corporations do this all the time. Your credit is already shot when late payments start. Bankruptcy last 7 years and late payments 10 years. If you do decide to do this. Do it sooner rather than later and stop making any payments at all. Save the money for a new place to live. You might need to pay cash for everything for a few years, but your money goes further without interest payments.

It's hard to squeeze blood from a turnip.


No problem if it's your choice to answer old posts but this is from Aug 2007 and the OP hasn't been back -

OP will probably not see your advice.
  Reply With Quote
 
     


Question Tools Search this Question
Search this Question:

Advanced Search
Display Modes

 
Similar Sponsors

Similar Questions
Question Asker Topic Answers Last Post
Give House to back to Bank - I have equity! happyfhc Real Estate 1 Jul 5, 2007 04:15 PM
Giving your house back to the bank rebeccaspeer1 Real Estate 3 Jun 18, 2007 07:36 AM
Deeding your house back to bank snydert Mortgages 3 May 23, 2007 06:03 AM
Voluntary giving your house back to the bank Tacobella Real Estate Law 2 Nov 1, 2006 05:46 AM
Need to Deed a House back to the bank ttarzan Real Estate 5 Oct 6, 2006 07:38 PM




Copyright ©2003 - 2007, Ask Me Help Desk.
All times are GMT -8. The time now is 01:51 PM.

Content Relevant URLs by vBSEO 3.0.0 RC6 © 2006, Crawlability, Inc.