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Foreclosure eminent. Here is the situation... How bad?

Hello,

I have a coworker that bought a house. He has two loans with two different banks. It looks like it will be going into foreclosure as he lost his job and hasnt paid on the loans for almost 9 months. The bank recently indicated that there was going to be a foreclosure sale date for the first load in a couple of weeks.

What does that mean? There is still the second loan.

Will it ruin his credit? From the various things that I have read the answer seems to be a "big fat" yes!

Will the banks go after him for the balance of the money? How will they make him pay?

Is there a possibility that the bank will take the house and leave him alone?

I suppose that he will not be able to buy a house or car or get a decent credit card ever again. True?

His friends are still living there yet he has moved out many months ago. I guess they need to pack up right away. Before the foreclosure sale date? Anything they need to be concerned about other then getting the heck out?

Update:

additional info: The house is no longer valued at what he paid for it. From 850k to maybe 725k currently. Owes the bank about 800k.

7 Answers

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  • 1 decade ago
    Favorite Answer

    If either loan is foreclosed on, the house is sold, and whoever is in 1st lien position gets paid first, and then whoever is in 2nd lien position gets paid second...if there is enough money left over.

    Yes, it will not only ruin his credit (which is already shot with the 9 months of no payment on a major account), a foreclosure will effectively bar you from purchasing property for 3 to 5 years.

    I can't believe he abandoned the property.

    Also tell him, that people think that just b/c a home is foreclosed on...that's the end of it. It's not. If there isn't enough money to cover both loans in the equity of the home...they WILL come after him for the rest.

    Source(s): Many, many years experience as a Realtor, mortgage broker and former underwriter...and always followed by my 7 "thumbs down" Y!A stalkers :)
  • Anonymous
    5 years ago

    A foreclosure is much worse! In a foreclosure the bank will file the proper documentation to have the home put up for public sale. You will have no choice in this because the bank would have put a clause in note and/or mortgage that they could use any legal remedy to recover their funds if you default in payments. Once the sale takes place you will receive a judgment against you for the deficiency, in other words whatever you owed on your mortgage, subtract that by what the home sold for and that is what you owe in your deficiency judgment. In essence, you lose your home and still have to make monthly payments on it (if you don't the bank will garnish your wages). Bankruptcy is a better option. Not what most people would think, but this way you will not have your wages garnished from the deficiency judgment. Filing bankruptcy is not much worse on your credit score either. A bankruptcy will show up on your credit report, but so will a foreclosure. Bankruptcy sometimes scares people because they think they will lose their car(s) or other personal property, but that is typically not the case in either a Chapter 7 or a 13. Contact a local Bankruptcy Attorney (most have initial consultation free). Tell him/her your sitaution and they can give you more information and further consequences of both scenarios.

  • 1 decade ago

    They will have to evict him, and give him notice per Forcible Entry and Detainer Statutes. When the house is foreclosed upon, the IRS will be payed off first, then the first and second lien. If they have money left over I believe they have to give it to him, as in the event of an auction. If the bank dumps the house I believe they won't show a profit. If everything isn't paid off he is still liable for the remained of the lien and will have declare bankruptcy or work out a payment plan. See how much equity he has in the house and call up a Realtor.

  • 1 decade ago

    Tell him to claim bankruptcy immediately(ch 7 only). As soon as the BK is discharged, he can buy a new car. Its the best way for him to start his credit over, plus he can flush his other unsecured credit card debts down the toilet too. The creditors wont be able to come after him either. Its like a reset button that only takes 3 months or so.

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  • 1 decade ago

    I had a house once that was starting to go through the foreclosing process, I think I was only about 3 months behind on my mortgage.

    I was very lucky that I had a realitor sell it for me in only 2 weeks. I was able to pay off the loan and I still walked away with $6000 in my pocket.

    Tell him to sell it fast!!

  • 1 decade ago

    Try and sell the house in advance, if VERY lucky they might recover more then the banks will when they forclose, the problem with a forcloser is the banks will only chase the amout that is left on the loan and therefore will sell it at no profet to your firend.

  • 1 decade ago

    What he needs to do is go to someone that buys houses in shape like this, usually they find you when you go on forclosure list. Then, he needs to sell the house to this person that comes in and use the money to pay the loans. That's what my parents had to do, this guys credit is already ruined from not paying, but that's his best option at this point.

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