Legal Question in Banking Law in Illinois
can I legally walk away from my house being so far behind on mortgage?
1 Answer from Attorneys
Not without a lot of potential consequences. The bank could foreclose. They may (but are not obligated to) accept a deed in lieu of foreclosure. They may be able to force you into bankruptcy if it helps them. Your credit rating will be trashed. If they foreclose they may be able to get a "deficiency" judgment which is the amount you owe (which could include costs of restoration if you abandon and the place falls into disrepair, plus taxes, insurance, interest, attorney fees, court costs.....) less whatever the net proceeds may be that they get on a foreclosure sale, and while there are some tax benefits for you at least this year, if could become phantom income if the foreclosure is in a future tax year and then there could be IRS issues. You may be able to work out a "short sale" of the property. You may be entitled to a loan modiciation...... LOTS of open issues here. Time to sit with an attorney, review your particulars, identify options, and act on them.
Related Questions & Answers
-
An individual living alone had passed away without any family members living in the... Asked 4/12/13, 11:10 am in United States Illinois Banking Law
-
Is it legal for bank to hold our company to a "full deposit relationship"... Asked 2/18/13, 2:50 pm in United States Illinois Banking Law
-
Hi: I have a question please. My mom recently passed away and she has an online... Asked 12/01/12, 9:42 pm in United States Illinois Banking Law
-
Chase bank closed my account with out my consent and my check retuns and i can do... Asked 11/26/12, 4:45 am in United States Illinois Banking Law
-
I want to give $ to a friend that is a christian. She won't take it from me because... Asked 11/14/12, 12:27 pm in United States Illinois Banking Law