Legal Question in Real Estate Law in California
my heloc ? equity line of credit loan in CA with state farm/ is due, I had no idea it was a 7 year loan, i feel embarrassed. state farm sent me a letter that i have to pay 30k by feb 2. I have never been late on my primary mortgage with GMAC, never been late on equity line. I though it was a credit card type of loan due when I owed my primary loan. how dumb. Now state farm is telling me I can apply for another loan for 10 years at a really high interest rate of 9 percent. this seems so unfair. they said otherwise it goes into a different department at their bank, and then collections. Can I negotiate them to lower the outstanding balance. I owe 145k on primary loan, 30k on equity which was used for house upgrades. the house is worth about 250 to 300k. I have no proof of income I am self employed, and my credit score is 638. seems like they are anxious to tie me into a horrible loan at 9 percent.
3 Answers from Attorneys
You don't have a legal problem here unless you have some basis to contest the debt or you want to file bankruptcy. If you don't pay, don't file suit contesting the debt for some reason (not likely you have one), and don't file for bankruptcy, they will foreclose.
Your income tax returns are your best proof of income from self employment. That's one of the benefits of reporting all your income. With a 638 credit score and decent (honest) tax returns and a decent payment record, you should be able to refinance, although not on the best terms. Start with your first lender (GMAC) and explain the whole deal to them. Fortunately, interest rates are currently quite low although lending standards are high - a good reason to shop where you are already known. If your tax returns aren't something you want to share with lenders, for whatever reason, you're going to have a much more difficult time. I'm also doubtful that you'll be able to negotiate for a principal reduction; they'll just foreclose, especially since there is equity in the property.