Legal Question in Real Estate Law in Illinois

We are paying a mortgage on 2 homes. We have been trying to sell the 2nd home for a year no bites. We cannot afford to pay for it anymore. The mortgage is thru the same bank that we have our main home. What can we do...in order to keep paying for our main home we have to do something! Thanks


Asked on 8/05/10, 6:34 am

3 Answers from Attorneys

Namit Bammi Schwartz + Sciara, P.C.

There are a few different approaches you could possibly take. The first is to try and workout something with your bank so you could possibly lower your payments right now until your second home is sold. The second option, could be a short sale, however, that would require the value of your home to be less than the mortgage amount on your home and the bank would have to approve this method. The last and probably not preferred option is the bank would eventually start foreclosure proceedings on your home, assuming you cannot make the payments anymore. My law firm assists clients with these types of matters and if you are interested in discussing further, please feel free to contact me at [email protected]. Thank you.

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Answered on 8/10/10, 6:41 am
Joseph Michelotti Michelotti & Associates, Ltd.

Best to file a chapter 7 bankruptcy; reaffirm the debt on your home and walk away clean.

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Answered on 8/10/10, 7:07 am

Based on the facts provided, I agree with Mr. Michelotti as the chances are that the homes are cross collateralized.

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Answered on 8/11/10, 6:46 am


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