Short Sale vs. Bankruptcy vs. Foreclosure

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Latest post 03-10-2010 5:48 PM by vakyin. 1 replies.
  • 03-09-2010 4:43 PM

    • rojo6964
      Consumer
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    • Joined on 03-09-2010
    • CO
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    Short Sale vs. Bankruptcy vs. Foreclosure

    I own a home in Arizona and was transferred by my employer to Colorado over a year ago.  I put my home up for sale in Sept 09 as a short sale and received a contract in Oct 09.  The first mortgage just approved the short sale last week. The second (a HELOC) has the paperwork now and wants to come after me for the whole amount.  I currently have many credit cards turned over the Consumer Credit Counseling.  My realtor suggests speaking with a bankruptcy attorney or a realestate attorney. 

    I believe I will qualify for a Chapter 13 bankruptcy if the 2nd will not discharge the deficiency.  Does it make sense to pull the plug on the short sale and declare bankruptcy?  Or should I let the bank foreclose and continue to make my debt payments to CCCS? 

    My realtor is fighting to have the deficiency discharged.  Should I hire an attorney?  And if so should it be a Bankruptcy attorney, who would probably encourage me to go the bankruptcy route?  Or would it be better to have a real estate atty to fight with bank #2?  If I hire a real estate atty should it be in AZ where the house is? Or Colorado where I now live?

    Help.  I am stressing out!

    R

     

     

  • 03-10-2010 5:48 PM In reply to

    Re: Short Sale vs. Bankruptcy vs. Foreclosure

    Nothing for a real estate attorney to really fight, since you legally owe the money, and the bank does not have to take the deal.

    I wouldn't pay CCCS, as they are a scam.

     

     

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