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 Post subject: File Bankruptcy or Short Sale
 Post Posted: Tue Aug 28, 2007 2:58 pm 
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Joined: Wed Jul 25, 2007 10:34 am
Posts: 16
Location: Hilton Head Island, South Carolina
I got a call from a lady who is 2 payments behind, her husband has left and she cannot seem to get in touch with him on a regular basis. She met with a bankruptcy lawyer today and is going to file chapter 13. She wants to keep her home and I want her to do what is best for her. Should she file chapter 13 or should she concider a short sale? Should I leave this alone?

Any help is appreciated.


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 Post subject: Bankruptcy or short sale
 Post Posted: Tue Aug 28, 2007 3:28 pm 
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Joined: Mon Jul 30, 2007 6:06 am
Posts: 12
I am not sure if this will help but I think it depends on your state and what the bankruptcy allows. I have comes across the same issue and have talked to a bankruptcy attorney here in Illinois. She said even if they file for bankruptcy they still may lose the house because they need to be able to get current and stay current or they will still go through foreclosure. This is for Illinois. If I received wrong info please let me know!!

keeping their house while in Bankruptcy is complicated. Are they filing Chapter 7 or Chapter 13? Below is an exerpt on this issue from Attorney David J. Kelly which I find helpful:
http://www.mn-bankruptcy.com/housecar.html


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 Post subject: Bankruptcy
 Post Posted: Tue Aug 28, 2007 3:40 pm 
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Joined: Tue Aug 14, 2007 5:57 pm
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This person is one you can put in your pipeline and keep in touch with because 8 out of 10 people in bankruptcy fail and if she has been served with a Notice of Default, when she fails in BK, the foreclosure process does not start over but continues where it left off. Although BK seems like the solution to the problem, it may not be the solution one thinks it is. If the person is behind making 1 mortgage payment a month, with BK they have the regular mortgage and the monthly BK payment. As soon as they miss 1 BK payment the lender will file to have the house taken out of the BK and continue with the foreclosure. At that point, she will need you or an investor, depending on how close she is to the sale. Keep in touch with her because this could be future business. This is my experience with how the process works in my state.


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 Post Posted: Tue Aug 28, 2007 4:32 pm 
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Joined: Wed Jul 25, 2007 10:34 am
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Location: Hilton Head Island, South Carolina
I don't know if it matters but she also said the payment was around $1,200 a month but her husband rolled a bunch of business loans into the home and the payment went to $2,700. This is why they are behind.


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