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My home is in foreclosure. I have an FHA loan on which I paid monthly mortgage insurance payments when I was current on the loan. Will they come after me for foreclosure debt by garnishing my paycheck or taking my state or federal tax returns, or will the FHA mortgage insurance prevent that?? I need any answers or suggestions about what to expect in the coming months.
If the loan is in active FC then there should be a foreclosure attorney assigned to the account. You can call your servicer, get his/her number and ask them all the questions you have about this loan and the long term implications of foreclosure. I do not believe that they're going to garnish your wages to collect the loss, however you will get a 1099 - January the year following the foreclosure. More than likely you're going to have to claim the investors loss as your income and pay taxes on it. This is something you're going to want/need to talk to the foreclosure attorney or your tax specialist about as laws differ from state to state. The debt could be sold to a 3rd party collection agency and yoou could have collections departments calling you to try to collect the balance due. Have you attempted to sell the property to get out from being under the debt? You could potentially do a Short Sale, but first you need to list the property for fair market value. If you do not sell it and 90 days pass you could potentially request a Deed in Lieu from the servicer/investor - giving the home back to the bank. Both a Short Sale and a Deed in Lieu would be better on your credit than a foreclosure however niether will stop the auction from taking place. Another option is a Loan Modificiation or a Partial Claim (FHA program). Financially you would have to qualify for both and both would let you keep the home, would bring your loan current. For all the options above you would need to call your servicer to start the process. If you want to try to sell the home you'll need to get it on the market a.s.a.p., call your servicer for the fax number to send your hardship letter, bank statements, paystubs and listing agreement to. Good Luck
The FHA insurance you were paying was not to protect you from having to pay if you defaulted (in this case foreclosure). The FHA insurance helps protect the banks from loosing money if you defaulted. You are still responsible for anything owed after the house is sold. The mortage company will sell the debt to a 3rd party collection company. Yes, you will be hounded by debt collection agencies and they can get a judgment so that your wages could be garnished. They can get a garnishment on state and federal taxes. You might want to contact a real estate attorney to help you. Sometimes you can negotiate with the lender and they will forgive the debt if you hand over your deed. The down side of getting the debt forgiven is that the IRS considers it income and it will be taxed as income, but it is better than paying for it with interest to a debt collection agency. The bottom line is that everyone looses (you and the lender), but the debt collection company will be the only one who comes out on top.
First, if you have a Realtor, ask what is "normally acceptable" in that part of the country with regard to making an offer. Remember, if the house is advertised on a listing for 84, and the market value is much higher, you will probably need to show the bank "good reason" why you are going to offer less than the listing - especially if you are also wanting them to pay for closing costs as well. If the bank truly does have "several offers" the agent may be telling the truth or blowing smoke. If the listing agent is known to be of high moral and ethical character in the community, chances are that person is telling the truth. In my part of the country, an average home sells for roughly 5% less than the listing price. If the house is well priced considering its Fair Market Value (FMV), then give the bank close to what they are asking. You really need to get a BPO/APO or what is commonly called a "Broker Price Opinion/Agent Price Opinion" to really know what the best price to offer would (or should) be. Your Realtor should be able to assist you in this matter and then, based on having the information you need, PUT Windermere AN OFFER. Get that price opinion soon!
Connie, Home insurance covers lots of different things. I'm not familiar with the Oklahoma laws and regulations, so I suggest you call a local home insurance agent. They will be able to help you.
Depends if the state is a recourse or non recourse state