Legal Question in Real Estate Law in Illinois

My mortgage is severely upside down. I owe my home owners association over 8K. I have been in a Chapter 13 since January 2008. What should I do?

1) Purchased townhome 8/04: 129K. Similar home listings: 49-99K. Identical across the street sold: 48K. On line appraisals for mine 89-114K. 2) Monthly mortgage statements, the amount I owe typically goes UP. 3) Chapter 13 from 1/08: covers the mortgage and car payments on 2 cars 11+ years old. 4) My homeowners association case is today, there will be judgment against me. The 8K they are claiming is since the Chapter 13 filing. 5) Property needs significant upgrades and repairs.

Considering walking away. Could pay rent/car payments for newer cars and a more comfortable home for my family. Should I? What other options do I have?


Asked on 7/13/12, 6:56 am

1 Answer from Attorneys

Henry Repay Law Offices of Henry Repay

My impression is you are likely right and may want to convert to Chapter 7, but the scope of this space does not afford an opportunity to assess the situation and advise you. I recommend you assemble for legal consultation: (1) your income information for January 2012 through the present, including wages and unemployment during that period; (2) all your bills (copies neatly assembled, back pages included); (3) last four years� tax returns; (4) a credit report (use www.annualcreditreport.com to obtain free report if not requested in last year); and (5) other information that may apply, such as copies of lawsuits. Call at your earliest convenience to afford the most opportunity in which to be advised about your best course. You are not required to use an attorney in your area.

I do not recommend filing bankruptcy on your own. There are too many complex issues. I have seen several posts on this site for debtors who filed on their own and are seeking counsel concerning complications. Most of them will have a hard time finding an attorney to get involved to unwind the mess without the attorney charging several times what would originally have been paid.

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Answered on 7/13/12, 7:16 am


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