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  1. #1
    Join Date
    Apr 2010
    Posts
    24

    Default Bankruptcy vs. Foreclosure or Short Sale

    Three years ago I had a very stable life. After being victim of a crime (going everywhere requested by the different police dept involved, different court dates until the criminal was finally incarcerated and the case ended) I lost my job. It was a very difficult time. But I held my act straight as I could I made it thru with my savings all this time. I got married in 2008 and had a baby in 2009. Still unemployed (not because I haven't looked for a job). I am attending college part time. I have a property that was rented and with that money I managed to pay the mortgage. Tenant moved out without letting me know. I am three months behind after digging almost 10k in debit to pay mortgage and maintenance and other condo fees. It's going to be the 5th month that I cannot find a tenant to the condo. Don't know what to do. Bank will not do a short sale.however they haven't talked foreclosure. They told me to try to come up with some money and go from there!(I don't understand what they doing). In total I have 15k in credit card debit and 116k on mortage/heloc together. I have a minor savings account with a little over 2k which is child support I received for her. Is my daughter's and I am the custodial. I never use her child support unless is to spend with herself (clothes, food, education) what I have leftover I add to her savings. My car is paid for.Is perhaps worth $15k. I went to see a lawyer he advised me on short sale. But the bank doesn't do shortsale. If a foreclosure will stay on my credit for 20 years and I cannot owe anything for that period of time, would I be better off doing bankruptcy? By the way. I owe $116 on my mortgage. 5 story building 42units. 37 on foreclosure. (mine is not part of that number yes), last sale there was last month for 27k.
    Thanks

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Bankruptcy vs. Foreclosure or Short Sale

    As you appear to be very upside-down on the property, are in a bad financial situation, and this is an investment property, it would make sense for you to discuss your situation with a bankruptcy lawyer. If you can't obtain a stable source of income, you might consider Chapter 7 bankruptcy and the surrender of the property; if you find a stable job and want to keep the property you would want to consider Chapter 13 and cram down of the mortgage.

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