Legal Question in Real Estate Law in California

i have ca house bought in 06 with 80/20 all purchase money mortgage.

have baby coming want a fresh start. i am current on payments with 1st saxon and 2nd green tree lending. should i attempt the hassle of short sale or should i foreclose and let it go. I am concerned about shark collection tactics used by these companies. I own ranch investment land but owe 2 private lenders for most of value still. I dont have many assets and am self employed with a declining income. Please help. God Bless You!


Asked on 2/15/11, 9:57 am

1 Answer from Attorneys

David Gibbs The Gibbs Law Firm, APC

You need to review this question with an attorney in your area. I know you indicate that money is tight, but an hour or two of an experienced attorney's time can save you from making a large mistake. You may be able to walk away from the property without financial liability in a foreclosure, but someone needs to actually review the documents from the purchase and escrow to verify that. Further, with a recent change in the law, you may be able to pursue a short-sale and not have any personal financial liability. It is dependent upon a lot of facts and other information, so it is not possible for anyone to opine on this forum what direction will be best for you. Trust me - making the right decision is well worth the nominal cost of a couple hours time from an experienced attorney.

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Answered on 2/15/11, 11:05 am


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