I have friends that actually did what you are talking about; but I too say contact an attorney. My friends foreclosed on their larger home and moved into their smaller home. We tried selling their home, but it was impossible and they were willing to bring cash to the closing table if necessary. The bank had refused a short sale at the time this was taking place. They still are carrying the mindset that the smaller home they are currently in is worth much less than what they paid for it, so will they walk away again? Their thoughts are if the bank refuses to modify their current loan, they will walk away from the current smaller home as well. My suggestion is to try to sell short and/or contact an attorney.
Another thing you can ask for is a short-refi, I have heard of the bank has cooperateing in this fashion. You don't have to be behind on the payments, but the bank allows a refi at the true current value and the owner stays. There are credit ramifications with this process as well.
You can call me (702) 521-3939 or (888) 949-2890, I can help.
Kim Duclos CRS GRI ABR
Coldwell Banker Wardley - Sun Jun 14 2009, 20:03