Posted on: 29th Aug, 2008 06:56 pm
I think I could afford refinancing my 1st mortgage, but even that would be a 100% LTV refi. I am tempted to default on Heloc since the home's value is such I can't imagine the Heloc lender going after a lost cause. Is there a professional out there that negotiates such things? Any thoughts or suggestions are greatly appreciated.
Welcome Guest.
Are you intentionally planning to default on your HELOC? If so, then talk with the mortgage company and try to show some valid reasons for the heloc default and work out some repayment plan.
Intentional defaulting cannot be supported or appreciated. You may be charged some penalties for that reason.
Are you intentionally planning to default on your HELOC? If so, then talk with the mortgage company and try to show some valid reasons for the heloc default and work out some repayment plan.
Intentional defaulting cannot be supported or appreciated. You may be charged some penalties for that reason.
hi surf guy,
most helocs are considered as recourse loans and as such you're personally liable for paying off the loan entirely without considering what the property value is at the time of default.
if the lender who has offered the heloc declares a foreclosure, 2 things can happen:
at times, the second lender may even sell off your loan to a collection agency and once it goes into their hands, chances are that you'll get harassing phone calls for payments and the collections could even go up to 10 years or more.
good luck
most helocs are considered as recourse loans and as such you're personally liable for paying off the loan entirely without considering what the property value is at the time of default.
if the lender who has offered the heloc declares a foreclosure, 2 things can happen:
- the first lender can buy out the second lender's interest in property
- the second lender can negotiate to purchase the first mortgage
at times, the second lender may even sell off your loan to a collection agency and once it goes into their hands, chances are that you'll get harassing phone calls for payments and the collections could even go up to 10 years or more.
good luck
a well known bank owns both the mortgages ( 1st loan & heloc ). they refuse to do a loan modificatin. we understand the balance on the 1st mortage is forgivable but, what about the heloc? is it best to do a quick sale, deed in lieu of foreclosure or walk away & file bankruptcy?
Hi Lily!
Welcome to forums!
If you want to get rid of the property, you can opt for a deed in lieu of foreclosure. The lender will sell off the property and recover their dues. The deficient balance will be forgiven. However, they will claim the second mortgage from you. If you are unable to pay off, then they can send it to collections. You should apply for a deed in lieu of foreclosure and then negotiate with your lender to forgive or lower your second mortgage dues.
Feel free to ask if you've further queries.
Sussane
Welcome to forums!
If you want to get rid of the property, you can opt for a deed in lieu of foreclosure. The lender will sell off the property and recover their dues. The deficient balance will be forgiven. However, they will claim the second mortgage from you. If you are unable to pay off, then they can send it to collections. You should apply for a deed in lieu of foreclosure and then negotiate with your lender to forgive or lower your second mortgage dues.
Feel free to ask if you've further queries.
Sussane
Hello everyone… let's hope someone can help me out.
I have a property is Florida around 2 years ago. Due to the real estate crisis, the property value tanked and I have to let the lender foreclose it. However, the twist in the story is that I had a HELOC on it. It was approximately around $75,000. This HELOC was not recovered by the lender. Thus, I've defaulted on the heloc. Now I've received court papers for the lender. I have a new property now. Due to the default on heloc, will I be losing all the property that I have? What can I do?
I have a property is Florida around 2 years ago. Due to the real estate crisis, the property value tanked and I have to let the lender foreclose it. However, the twist in the story is that I had a HELOC on it. It was approximately around $75,000. This HELOC was not recovered by the lender. Thus, I've defaulted on the heloc. Now I've received court papers for the lender. I have a new property now. Due to the default on heloc, will I be losing all the property that I have? What can I do?
Hi Jeremy,
Though the first lender foreclosed upon the property, the HELOC was not satisfied from the sale. Thus, the lender has now contacted you in order to recover the dues related to the HELOC.
You should first contact your lender and check out whether or not he has charged off the account and assigned it to a collection agency. If the account has been assigned to a collection agency, then you will have to negotiate with that agency and pay off the dues. May be the collection agency will give you a payment plan to pay off the debt.
If your HELOC account is still with the lender, then you will have to negotiate with him and check out if he can forgive the dues. If the dues are forgiven, then you may be liable for paying taxes to the IRS as the forgiven debt will be considered as your income. If the lender does not forgive the dues, then you need to negotiate for a payment plan to pay the dues.
Thanks,
Jerry
Though the first lender foreclosed upon the property, the HELOC was not satisfied from the sale. Thus, the lender has now contacted you in order to recover the dues related to the HELOC.
You should first contact your lender and check out whether or not he has charged off the account and assigned it to a collection agency. If the account has been assigned to a collection agency, then you will have to negotiate with that agency and pay off the dues. May be the collection agency will give you a payment plan to pay off the debt.
If your HELOC account is still with the lender, then you will have to negotiate with him and check out if he can forgive the dues. If the dues are forgiven, then you may be liable for paying taxes to the IRS as the forgiven debt will be considered as your income. If the lender does not forgive the dues, then you need to negotiate for a payment plan to pay the dues.
Thanks,
Jerry
My ex-husband and I have a HELOC secured by our home. There is no mortgage on the property. The house has been up for sale to cover the HELOC. Can I walk away from this debt and what who'll be the consequences in NJ?
Hi Anne,
You can walkaway from the property. But if you do so, the HELOC lender will foreclose the property. This will have a severe negative impact on your credit situation. And you may not be able to get a mortgage in the next 3-4 years.
You can walkaway from the property. But if you do so, the HELOC lender will foreclose the property. This will have a severe negative impact on your credit situation. And you may not be able to get a mortgage in the next 3-4 years.