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You don't give enough information to form an opinion. You should start by applying for loan modification through the lender which can take months. You can also try to sell the house under a short-sale agreement without recourse, but you must start working on that agreement soon.
No one can know what the record is in the case because online we cannot find out any details. You need a lawyer. Check with a lawyer in your locale to discuss more of the details.
Good luck to you.
God bless.
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