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    wr450's Avatar
    wr450 Posts: 4, Reputation: 1
    New Member
     
    #1

    Sep 8, 2008, 11:43 AM
    before we are foreclosed on should we file bankruptcy?
    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's Avatar
    MsMewiththat Posts: 854, Reputation: 136
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    #2

    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's Avatar
    wr450 Posts: 4, Reputation: 1
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    #3

    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's Avatar
    MsMewiththat Posts: 854, Reputation: 136
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    #4

    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's Avatar
    MsMewiththat Posts: 854, Reputation: 136
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    #5

    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's Avatar
    wr450 Posts: 4, Reputation: 1
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    #6

    Sep 8, 2008, 01:34 PM
    The lender knows but they aren't doing anything.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
    Expert
     
    #7

    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's Avatar
    maxis Posts: 11, Reputation: 1
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    #8

    Sep 18, 2008, 07:45 PM
    I may know someone who can help with a modification
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #9

    Sep 19, 2008, 06:45 AM
    Quote Originally Posted by maxis
    I may know someone who can help with a modification


    Please don't take conversations off the legal board or use this as a platform to publicize your business, both of which you appear to have been doing.

    If you can't post the info here, please don't post "teasers." It's against the rules.

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