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View Full Version : Before we are foreclosed on should we file bankruptcy?


wr450
Sep 8, 2008, 11:43 AM
I could be foreclosed on and I read in Nevada that the lender could file suit for a deficiency judgement or garnish wages. When it involves a single parent and 2 small children with small net pay where I can't pay the monthly payments since my husband just died and it's an interest only loan, should I be foreclosed on and not worry or file bankruptcy to avoid judgement and just walk away? The value of the home is $120,000 less than what we owe

MsMewiththat
Sep 8, 2008, 11:45 AM
Was your husband on the mortgage and what is happening with his probate? You need to speak with an attorney.

wr450
Sep 8, 2008, 11:51 AM
My husband and I were on the deed as joint survivors. Probate hasn't started yet. What kind of an attorney?

MsMewiththat
Sep 8, 2008, 12:01 PM
I really think that you should start with a probate attorney. It can't hurt to get that ball rolling prior to you falling into foreclosure, at that point it may be hard to work out of. I'm not certain how that joint survivors works does that mean that the home is paid off when either or the other passes?

MsMewiththat
Sep 8, 2008, 12:05 PM
Ah I looked it up, it means that you have sole ownership at this point since his passing. You have a lot going on and I really think it best for you to seek legal advice. What has the mortgage company said and are they aware that he passed away?

wr450
Sep 8, 2008, 01:34 PM
The lender knows but they aren't doing anything.

Fr_Chuck
Sep 8, 2008, 02:46 PM
Was there no life insurance to pay off the mortgage, did you check with the lender to be sure.

Have you looked into options to keep the house.

maxis
Sep 18, 2008, 07:45 PM
I may know someone who can help with a modification

JudyKayTee
Sep 19, 2008, 06:45 AM
I may know someone who can help with a modification



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