Legal Question in Credit and Debt Law in Florida

Turning House Back to the Mortgage Lender

If one has a house which has a high monthly mortgage payment and which is now worth less than when purchased, because of the current housing market, what will happen if the family allows the home to go back to the mortgage lender? The house is too expensive and will eventually cause the family to go bankrupt by trying to continue to make the high mortgage payments. The family also is purchasing a home with smaller mortgage payments. The family has had bad luck with renters and is considering moving back into the less expensive home. What is the best route for this young family to follow?


Asked on 11/05/07, 8:17 pm

2 Answers from Attorneys

Scott R. Jay Law Offices of Scott R. Jay

Re: Turning House Back to the Mortgage Lender

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

Frankly, the family has no business in buying another house considering the problems with the first house. This is what got many families into problems in the first place. Instead, they should try to speak with the lender and see if the mortgage problem can be resolved by getting better terms which some lenders are now doing do to the crisis which exists with all the defaults.

Failing such, you better make sure that whatever house you purchase will be comfortable for a long time because when you turn the house in, your credit will be ruined unless the lender agrees to a voluntary foreclosure without any demand for a deficit. Further, any payments or interest which is forgiven will be considered a gain for income tax purposes and you will be taxed on that gain.

Scott R. Jay, Esq.

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Answered on 11/05/07, 9:11 pm
Elizabeth Powell ELizabeth Powell PS Inc

Re: Turning House Back to the Mortgage Lender

I'd have to know a lot more about your situation to give you decent advice. Letting the house go back is going to show up on your credit for ten years.

It is also unusual in WA. I can't speak to other states, I'm not licensed elsewhere.

Re-financing probably won't help if the house is over valued.

You might do well to do a consult with a local bankruptcy attorney.

Elizabeth Powell

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Answered on 11/05/07, 10:39 pm


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