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Short Sale with 100% financing loan from two banks and one could be paid off?

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Blue105

Junior Member
What is the name of your state (only U.S. law)? Florida

I have a job offer in a different state that I need to take for various reasons. When we bought our house, we bought it with 100% financing to avoid PMI and paid the closing costs out of pocket. Our loans (80% and 20%) were originally both with the same lender but were then bought out by two different investors administered to by two different banks. If we sell now, the amount we could get for our house would pay off the 80% loan with money leftover to go toward the 20% loan. The problem is, it wouldn't be enough. We would still owe somewhere around $20,000.00 - a sum we don't have except in our company 401K, and that would wipe it out.

Our realtor recommended we stop paying the mortgage (both) and submit for a short sale through a company they use.

A family friend in the mortgage business insisted that we remain current on our loan and work with the lender directly.

The mortgage companies insist they don't know what we're talking about with 100% financing and the larger lender insists that if we try to short sale, then they will deny it because they could be paid back in full. They say they don't work with paying the second lender off, but we've read that they DO.

This case is so weird because of the amount we could get. How should we handle it? We have excellent credit, and it would be nice to not lose it, but we also don't want to lose our shirts trying to pay off the remainder of our mortgage.
 


Blue105

Junior Member
Oh..

And we can't rent it out because we can't get enough for it to even cover the mortgage let alone taxes, insurance and HOA fees.
 

Zigner

Senior Member, Non-Attorney
What is the name of your state (only U.S. law)? Florida

I have a job offer in a different state that I need to take for various reasons. When we bought our house, we bought it with 100% financing to avoid PMI and paid the closing costs out of pocket. Our loans (80% and 20%) were originally both with the same lender but were then bought out by two different investors administered to by two different banks. If we sell now, the amount we could get for our house would pay off the 80% loan with money leftover to go toward the 20% loan. The problem is, it wouldn't be enough. We would still owe somewhere around $20,000.00 - a sum we don't have except in our company 401K, and that would wipe it out.

Our realtor recommended we stop paying the mortgage (both) and submit for a short sale through a company they use.

A family friend in the mortgage business insisted that we remain current on our loan and work with the lender directly.

The mortgage companies insist they don't know what we're talking about with 100% financing and the larger lender insists that if we try to short sale, then they will deny it because they could be paid back in full. They say they don't work with paying the second lender off, but we've read that they DO.

This case is so weird because of the amount we could get. How should we handle it? We have excellent credit, and it would be nice to not lose it, but we also don't want to lose our shirts trying to pay off the remainder of our mortgage.

In other words, you want to default on a contract that you are fully capable of adhering to just because it's more convenient...

I can understand why a short sale would be refused.
 

Blue105

Junior Member
No

In other words, you want to default on a contract that you are fully capable of adhering to just because it's more convenient...

I can understand why a short sale would be refused.

Respect please. No we are not fully capable of adhering to it. The home is underwater with the second mortgage. (We had a bait and switch mortgage broker when we were young 10 years ago and weren't knowledgeable enough to just pull out of the closing.) We would owe around $20,000 to that second mortgage and do not have it. The only way we could cover it would be with cashing out a 401K. Our income is not enough to cover rent and mortgage. We are moving for medical and family reasons and our mortgage interest rates are at 7.5% and 9.5%. Our payment is currently 40% of our income. So no, we are not just floating along. I would like options, not judgments. Would it make sense to cash out a 401K?
 

Zigner

Senior Member, Non-Attorney
Respect please. No we are not fully capable of adhering to it. The home is underwater with the second mortgage. (We had a bait and switch mortgage broker when we were young 10 years ago and weren't knowledgeable enough to just pull out of the closing.) We would owe around $20,000 to that second mortgage and do not have it. The only way we could cover it would be with cashing out a 401K. Our income is not enough to cover rent and mortgage. We are moving for medical and family reasons and our mortgage interest rates are at 7.5% and 9.5%. Our payment is currently 40% of our income. So no, we are not just floating along. I would like options, not judgments. Would it make sense to cash out a 401K?

Like I said...you've been making the payments fine for 10 years and now it's no longer convenient.
 

LdiJ

Senior Member
Respect please. No we are not fully capable of adhering to it. The home is underwater with the second mortgage. (We had a bait and switch mortgage broker when we were young 10 years ago and weren't knowledgeable enough to just pull out of the closing.) We would owe around $20,000 to that second mortgage and do not have it. The only way we could cover it would be with cashing out a 401K. Our income is not enough to cover rent and mortgage. We are moving for medical and family reasons and our mortgage interest rates are at 7.5% and 9.5%. Our payment is currently 40% of our income. So no, we are not just floating along. I would like options, not judgments. Would it make sense to cash out a 401K?

No, it would not make sense to cash out a 401k. The tax ramifications would be too high. What you need to be doing is talking to the second mortgage company, reminding them that there is a primary mortgage ahead of them, and asking if they would cooperate with a short sale. How much approximately would they get paid?
 

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