hi -- it's me again. -- It's through a credit union there locally. So I've been dealing with one person this whole time. I'm the only one on the house in FL. My husband and I are both on the deed on this STL house, but financial wise (i had better credit) so the loan for 2nd house (which is now our primary) is all in my name. We have only had it for a year, so there really isn't that much equity in the home. I know about chapter 7. I make too much (barely) we have a son.
"I hope in your listing agreement you had a provision where you are not obligated to go through with the sale unless the lender gives a waiver of deficiency approval letter before closing"
This was said by a man above. No, I don't believe I have that. And the bank (local credit union there) has told me that I will have a mortgage deficiency. They just told me yesterday that they will want to see my bank statements and 6 months of paystubs again. Which is fine. Originally they were trying to help us (supposedly) through the loss/mitigation which is the same guy I've been talkign to, and it was taking so long, I finally called a realtor in hopes to short sale it. I wasn't sure what else to do.
I'm talking to the Florida lawyer on Monday to see if he can help me negotiate with the credit union this 48-60k mortgage deficiency. Otherwise, I'll have to do a Chapter 13 I guess. Kind of crazy, I still have a great credit score, but won't after that.
I appreciate all the advice on here. I'm hoping it will work out.
Also- yes I'm aware of the taxes I will have to pay to IRS for the forgiveness of debt (if that happens) it is seen as income. I'd rather pay taxes on that though, than the entire amount. Just burns me up inside.
Thanks again everyone. Great advice for me.