Foreclosure in 06880>Question Details

Jane, Both Buyer and Seller in 06880

My house is going into foreclosure. We bought 2 years ago, did $200,000 in renovations and then lost our

Asked by Jane, 06880 Mon May 11, 2009

jobs. We can not sell the house, and we can not get assistance because we have an intrest only loan and no employment. We plan to sell kitchen cabinets, appliances, and anything else we can get some money for before we go into foreclosure. Does anyone know the legal ramifications of doing this? We don't have much choice and would appreciate any information. Thank you

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Jane - Have you considered selling as a short sale to avoid the foreclosure? Being that you both lost your jobs, you may qualify. Also, you can speak with your lender regarding doing a deed-in-lieu of foreclosure.

Selling the kitchen cabinets, etc., may be considered to be a criminal act, and there are stories of lenders going after owners they have foreclosed on for stripping the house in such a manner. You will want to speak with a local real estate attorney regarding this and also to review all of your options.
3 votes Comment Flag Mon May 11, 2009
Jane
I confess I am puzzled how you can be both a home seller going into foreclosure and a home buyer.

Regarding your first situation, the foreclosure:
1. do not do anything that hurts the value of the home.
2. Contact a Realtor about your options. You have some good answers so far:
a) Re-negotiate your loan. With no income that may not work
b). Sell the house for less than you owe. Lenders like this better than foreclosing because it costs them less money.It is called a short sale.

Do not panic. Get the facts first. You will need a Realtor with short sale experience.
1 vote Comment Flag Mon May 11, 2009
Keith Sorem, Real Estate Pro in Glendale, CA
MVP'08
Contact
Jane,
Why do you say that you can't sell the house? If it is because you owe more than you can sell it for, then you still have the option of doing a 'short sale' as Don mentioned. This is where the lender agrees to take what ever money a sale produces to clear the loan. It would save your credit, and save them money in the long run. If you would like more info on how the process works, what it takes to 'qualify', and what it would take to get started, please feel free to contact me.
With regard to selling off contents, I agree with Don's assessment. Contact a lawyer BEFORE doing anything like that. The last thing you need right now is more legal troubles.
Dan Ross
danross@c21-accessamerica.com
(860) 736-1002
Web Reference: http://www.danrossre.com
1 vote Comment Flag Mon May 11, 2009
Jane a mortgage is made on a home and if you strip out essential items which make it habital it would then be considered a shell. I would consult with a real estate attorney because it sounds like you are seeking legal advice. I'm sorry to hear of yohardship. Best of luck in the future.
0 votes Comment Flag Wed Nov 10, 2010
Anything that is attached to the property is considered real property not personal property. This could be considered criminal. You could have legal ramifications.
0 votes Comment Flag Wed Nov 10, 2010
Hello---Your situation is certainly not good---but I'd like to know if you have talked with anyone---like an attorney, government agencies, a congressman. I need to know a little more before I send you in a direction. When you say you are a buyer---what do you mean? I look forward to hearing from you.
Regards, Mary Ann Laurita
0 votes Comment Flag Wed Nov 10, 2010
I am a bit curious. Received multiple email notifications that someone also answered this question that was posted back in May 2009 by the author, which I answered at the time. I would be curious, if whomever posted this question originally, how the past year went, your present circumstances and if you have any words of wisdom. A long time has past and circumstances can change in this market. So how's it going?

Candace Lipira
Keller Williams Platinum Properties
203-856-8501
0 votes Comment Flag Tue May 25, 2010
It is certainly distressing to hear yet another foreclosure tale. We agents hate to hear these things. I would caution you to shop around and talk to people before deciding to work with an attorney OR realtor. I had a client who chose a well-known attorney - one who "specialized" in short sales. A HOUSEHOLD NAME in the world of short sales! The deal was disastrous - I can only assume that the attorney was so successful that he could not effectively handle the business he had. Needless to say, my client switched attorneys. While it is not all resolved yet, it is on a much better track. The new attorney may not specialize in short sales, but he certainly had enough experience with them to provide the needed attention. My client also sold some of his things on EBay, but not cabinets or appliances - more personal items like furniture and collectables. Again, be careful, talk to lots of people and gather your facts. There are many of us who can help you get through this. I am but one of them. Feel free to contact me. dsledge@prudentialct.com
0 votes Comment Flag Tue May 25, 2010
Jane:

My first suggestion is to get legal advice on what you are planning on doing to the house. Second, when you do speak with your attorney MAKE sure he specializes in Short Sales and Foreclosures. When you have cleared those important steps. find yourself a realtor who has the experience in short sales and foreclosure like myself. I have numerous classroom hours, a designation on Short Sales and Foreclosure plus experience working with the REO departments and loss mitigators. YOU need someone who knows the process and can see it through completion!

If you reside in Connecticut, please send me an email strollb@raveisre.com or 203-682-4327
Good luck in your transaction!
Betty
0 votes Comment Flag Fri Nov 27, 2009
Are you from Westport? Please call me. I have very knowledgeable people who deal with short sales. I know, because we are in one. I'm assuming the house was listed and you just didn't choose to go to foreclosure. Or you are at the point where you can't pay the mortgage and assume the only recourse is foreclosure.
You sound a bit stressed, in a panic. I know cause I'm there from time to time. You actually haven't supplied enough info to answer this. As a matter of fact, have you spoken with anyone, like an attorney? If you need to just chat about this please call me at 203-544-9786 or 203-856-8501.

Candacelipira
candacelipira@prudentialct.com
203-544-9786
203-856-8501
0 votes Comment Flag Wed May 13, 2009
Hello Jane,
Please just sell it, a short sale is the answer, I've done several of them and they work. I can also put in touch with a no fee service to help you put things back together. Call me I will try to help.
0 votes Comment Flag Mon May 11, 2009
If you can gain employment, the lender may work with you to make your loan affordable. If that is not an option for you, I would recommend calling a realtor to get this house on the market asap, as a short sale will be a better option for you than a foreclosure.
Call the lender - trying to work it out with them or pursuing the short sale may at the very least buy you some time.
Web Reference: http://www.homesbyminna.com
0 votes Comment Flag Mon May 11, 2009
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