Posted on: 04th May, 2010 01:25 pm
hi everyone,
here's my situation...when i divorced my husband about 5 years ago, i received the lovely surprise of about $50k in credit card debt. i know, i should have known...spilled milk. i accept it's my responsibility. i have managed since that time to get that down to about $22k. that's the good news...the bad news is that about a year ago, i lost my job and got behind on the payments with the credit card companies. i had called them repeatedly and asked them to negotiate the terms of the credit card bills, or reduce interest charges, etc., but it got me nowhere. now, one creditor has gotten a judgment against me for approximately $10k and another creditor has asserted a real estate attachment for about $20k and these amounts keep going up with interest charges, atty fees, etc. i own my home out right - there is no mortgage on the house. i don't want to lose my home to these debts and a dear friend of mine has agreed to co-sign a home equity loan for me to consolidate these debts. we've called a few lenders but they won't do anything for us until she is on title. problem is we can't put her on title because of the judgment/attachment...any suggestions?
thanks!
here's my situation...when i divorced my husband about 5 years ago, i received the lovely surprise of about $50k in credit card debt. i know, i should have known...spilled milk. i accept it's my responsibility. i have managed since that time to get that down to about $22k. that's the good news...the bad news is that about a year ago, i lost my job and got behind on the payments with the credit card companies. i had called them repeatedly and asked them to negotiate the terms of the credit card bills, or reduce interest charges, etc., but it got me nowhere. now, one creditor has gotten a judgment against me for approximately $10k and another creditor has asserted a real estate attachment for about $20k and these amounts keep going up with interest charges, atty fees, etc. i own my home out right - there is no mortgage on the house. i don't want to lose my home to these debts and a dear friend of mine has agreed to co-sign a home equity loan for me to consolidate these debts. we've called a few lenders but they won't do anything for us until she is on title. problem is we can't put her on title because of the judgment/attachment...any suggestions?
thanks!
It's hard to suggest anything that might be palatable to you. Those lenders are being smart, of course, and you can't fault them for that. Unfortunately, that's not helping you in this mess. If, however, you plan to pay the attachment and judgment with the proceeds of your loan, then why would it be an issue for her to be on title to accomplish that? Once paid, those liens are cleared - never to be seen again. Is there a fear that your friend would suffer on her credit report due to those liens? I'm confident that there wouldn't be any such issue to arise.
Check with your attorney to get an opinion on this, but I'm firmly convinced that there ought not to be any problems accruing to her being on title in this case.
Check with your attorney to get an opinion on this, but I'm firmly convinced that there ought not to be any problems accruing to her being on title in this case.
thanks for your quick response. Actually, the lenders we've spoken to said that my friend needs to be on title BEFORE we even begin the loan process. She needs to be an existing owner of the property to do the home equity loan. Some other lenders said that she would even have to be on title from anywhere from 6 months to 1 year before they would even consider loan. Again, my obvious problem is that how can I add her to the title if there is a judgment and an attachment recorded on the property?
Hi igael,
You may add a person to the property with the help of a quit claim deed. But as there is a judgment and lien on the property, no lender would be ready to give a loan unless you pay them off.
Thanks
You may add a person to the property with the help of a quit claim deed. But as there is a judgment and lien on the property, no lender would be ready to give a loan unless you pay them off.
Thanks
hi jameshogg, thanks for your reply. I was told that I could not make any changes to the title whatsoever while the attachment and lien exist. I obviously know that I cannot sell the property without paying the debts off first, but why can't I add her to the title? I was told that both debts would need to be discharged (and recorded) before I could make any changes to the title. Is that true?
also...can't the bank pay off the debts directly through the proceeds of the home equity loan, or do I have to pay them off BEFORE I try to obtain the home equity loan?
Igael, having them pay these off for you is precisely what should take place. I don't see much of an issue with you transferring a portion of your ownership to your friend in preparation for this home equity transaction. If either of the other two creditors (who would be getting their money, after all) were to object, I'd simply point out that you're moving in the direction that will give them their money.
Forget about those "other lenders" who need a 6 month wait. If you can find one who'll work with you as you concurrently transfer title and borrow on the home equity loan, run to them. Your worst case scenario at this time seems to be the one who requires you to add your friend as an owner and will then grant the loan. That whole process ought not to take a great long time, but I'd suggest you try your best to secure a commitment from them for that loan under those circumstances before you make any real moves.
Forget about those "other lenders" who need a 6 month wait. If you can find one who'll work with you as you concurrently transfer title and borrow on the home equity loan, run to them. Your worst case scenario at this time seems to be the one who requires you to add your friend as an owner and will then grant the loan. That whole process ought not to take a great long time, but I'd suggest you try your best to secure a commitment from them for that loan under those circumstances before you make any real moves.