Legal Question in Real Estate Law in California

We have gone through forbearance and submitted new paperwork and didn't qualify for making home affordable so we have put our home on the market. What are the chances our bank Chase working with us with any other programs they may have, before they foreclose and knowing we have some equity left in the home? The bank has indicated that we could re-submit at the end of Sept. where they wouldn't be including any credit cards that are 60 days late which would show more income on our part. Do you think they would disqualify us anyway because of the equity. It could be about $100,000, we owe $465,000 plus any penalties for not paying on our mortgage. In our market $565,000 is could be sold. We don't know if it is worth working with the bank, where as they could possibly foreclose sooner if we bring our loan up for attention.


Asked on 9/16/10, 9:02 am

2 Answers from Attorneys

David Gibbs The Gibbs Law Firm, APC

Decisions such as the one you face are tremendously difficult, and most frequently require more information than you can post on this forum. I would strongly encourage you to contact a local real estate attorney to discuss your options. I am in San Clemente and would be happy to consult with you on this matter. I meet with two to three homeowners a week in your exact situation (in many cases though absent any equity in the property). The options aren't great, but there are some things you need to consider as you move forward.

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Answered on 9/21/10, 12:18 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

We hear distressingly often about homeowners who thought they were in the process of getting a restructuring done or awaiting approval of a short sale when, with no more that the statutory warning (if that!) the bank forecloses or takes the next step toward foreclosure. Charitably, I would speculate there are different departments that don't communicate. Less charitably, it may just be the lender's way of saying no.

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Answered on 9/24/10, 5:43 pm


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