Boilermaker Rick wrote:
Cashman wrote:
I might, the problem is it is not a government backed loan.
Here is the thing though. The tenant has you in a bad spot because they are granted a huge amounts of rights.
However, you have somewhat similar rights with the bank. You can really make it hard on them and as long as you don't care about your wifes credit score they can't do a whole lot. It helps if she doesn't make a lot of money too.
A quick consulation with a lawyer will be able to give you your options and the consequences of those. It is likely you will find those consequences to be better than basically paying for the condo and never seeing that money again. If it is a situation where the value of the house is so much lower that you are likely never to be able to sell it for what you owe still(unless you keep it for 30 years) then it is often best to walk away.
Think like a greedy corporation here and do what is in your best financial interest. They will try and make you feel like a dirtbag for not holding your end up of the bargain but who cares. When they gave out horrible loans they didn't look at themselves in the mirror and decide to do the "right thing" and fix those.
If anything, you will likely get a good amount of relief from them. They REALLY don't ever want to take complete ownership of the condo. It is pretty much their worst case scenario.
Here is the response from the attorney:
Hi,
I'm Lucy, and I'd be happy to answer your questions today. I'm sorry to hear about your situation.
Illinois law allows the lender to get a judgment against you for the difference between the value of the property and the amount due on the loan, plus foreclosure costs. If your wife has PMI on the property, the insurance company could wind up suing her instead, if they pay the difference. Whether they can use that judgment to put a lien on your current home depends on how the new property is titled. If the two of you hold it as "tenants by the entirties," a creditor cannot take the home to pay a judgment against only your wife. Tenants by the entireties is usually the default when a married couple buys a home, but you might want to check your deed, just in case. The bank would be able to put a lien on your home if it's owned as "joint tenants" or "tenants in common." You can view the deed at the county recorder's office if you need to.
Note that a judgment could be used to garnish your wife's income if she has a steady job, and to seize funds housed in ANY non-retirement bank account with her name on it, so if you have a joint account, the bank might be able to attach your assets that way. That is legal, because joint owners of a bank account have access to all the money in there, regardless of who deposited it.
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