California | Real Estate Law
Legal Question
I have a home currently valued at $245K. I have a 1st mortgage of $60K, a heloc (2nd pos) of $100K and another heloc (3rd pos) of $210K. Thus total loans = $370K.
I am trying to get a loan mod on my 2nd and 3rd helocs. If this is not successful, the helocs will probably go to "charge-off". I understand that then the Lender will try to get a settlement pay-off. Someone told us, that it could be in the 25-30% range of amount owed. Is that a correct assumption ? If the negotiations break down, would the Lender be inclined to sue me in court ? or go through foreclosure ? If they foreclose, CA does not allow for deficiency judgement correct ?
If they sue me, what could be my line of defence ? Can I file chap 13 ? I've been told that 13 does not wipe out the 3rd heloc, cause it is not completely under water. Can I file chap 11 ? Would that help in anyway ? I also have 7 rentals, they do not have equity. Cashflow wise, total is break even (some pos, some neg).They are all under an LLC (owned by wife). I have a post nup as well. What is your advice to strengthen my nego position ? What should I do to prepare now ? Thank You.


