Legal Question in Credit and Debt Law in Illinois

If your home is foreclosed on can the bank come after my assets such as my retirement IRA or my car. I live on social security and a small IRA. I bought a building 3 years ago I thought it would increase in value. That didn't happen. I can no longer afford to pay for it and am wondering if I can deed it back to the bank. I have $40K in equity which I'm ready to lose.


Asked on 3/20/11, 10:06 am

1 Answer from Attorneys

You should get an attorney to help. If you signed a loan/mortgage and you are personally liable, the bank can come after you for any "Deficiency" meaning whatever you owed and whatever they can get by selling it off. There ARE some things exempt, in particular social security checks but ONLY as long as you have not "comingled" those monies with others. You may be able to work out a deal with the bank to simply take the property back under what's called a "deed in lieu of foreclosure" where any deficiency could be waived (and normally is) but there are other tax consequences because forgiveness of debt can result in taxable ordinary income and you may not have the money to pay those taxes. Again, talk to an attorney.

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Answered on 3/22/11, 11:58 am


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