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Deed in-lieu of Foreclosure on Construction Loans

Posted on: 04th Jun, 2009 09:41 am
My husband and I own a home as our primary residence in California. We purchased some property in Nevada and decided to build a spec house on it to resale. The house has been up for sale for over a year and recently we are also trying to lease it. We've had no offers on anything due to the abundance of foreclosures in the Las Vegas area. We have a 2 year construction loan (interest only) that we've been paying on this entire time. The bank has been very helpful by lowering our payments by several thousands of dollars per month and extending our loan another 6 months since we've always made our payments on time and the house is up for sale. However, we've just been told by the lender they can't extend the loan any longer and will begin the foreclosure process. Can you do a deed in-lieu of losing it to foreclosure when it's a construction loan?

We have spotless credit and we do owe on credit cards and other loans, but they are all current and we've not missed a payment on anything. If we were to file bankruptcy how will that affect other debtors we have and our primary residence? We want to be continue the great relationships we have with our other lenders and don't want to erase our debts with them. Can you file bankruptcy and not include all of your lenders? Just looking for a little advice.
welcome cathy,

you can definitely apply for a deed in lieu of foreclosure. this will lower your credit score by around 250 points and will remain on your credit report for the next 7 years. however, you will not be responsible for the deficient amount and it will not effect your other debtors or your primary residence.

filing bankruptcy should be your last option. moreover, it will ruin your credit in more or less the same way. so, i don't think you should opt for bankruptcy right now.
Posted on: 05th Jun, 2009 12:26 am
hi cathy

i agree with adonis that bankruptcy should be your last option while dealing with your creditors. a bankruptcy will not only reduce your credit score by 200 points, it will also remain in your credit report for 10 years. moreover, lenders would not consider giving you a loan for 2-4 years.

if you file chapter 13 bankruptcy, you'll be able to save your property. but if file chapter 7, you may or may not be able to protect the home equity from your creditors. however, there are federal and state homestead exemptions, if your equity is less than the exemption, then you'll be able to keep your home.

thanks.
Posted on: 06th Jun, 2009 01:53 am
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