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Do I need a real estate attorney?

De Queen, AR |

My husband and I are debating on foreclosure. We bought the house in 2010 and have been trying to sell it since April 2011. We have tried 2 realtor, unable to even come close to a sell. I have tried working with my bank, BoA, and they have my SS# wrong in the system and refuse to work with us. We are very behind on credit card payments and other payments. Even had our van repoed last year. From what I understand we owe $117,000 but our house is worth $127,000. Does that help us any? My question is if we leave will the bank file deficiency judgment on us. If they do what can we do? I feel like there are no more options for us. Thank you!

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Attorney answers 3


Sounds like the bank will not work with you very much. If you have a plan where you can show the bank how you will get the payments made every month on time, they might be more willing to help. There are also some programs that might help get you some relief.

With the facts presented though, it sounds like you should consider bankruptcy. Contact a local bankruptcy attorney for advice.


You probably need to talk to both a real estate agents who have experience in helping folks with distressed sales and/or experts in getting houses refinanced under the settlement agreement established between many of the banks (including BOA) and President Obama's administration. There are programs that reward banks for refinancing houses like yours. You need to seek out someone in Arkansas that knows what they are doing and see if they can help you.
If that does not work out, then you may be able to protect your house with bankruptcy or at lease protect yourself from collection if the house does not sell at foreclosure sale for what you owe on the house. I DO NOT recommend anyone withdraw money from your retirement account to pay your credit card bills. We see that a lot in the clients we represent in Bankruptcy Court, and those funds are protected from creditor's reach and it also creates tax problems so DO NOT withdraw funds from a retirement fund to pay on those credit card debts. Bankruptcy may help you but everyone's situation is different on whether or not it would help you. However, the sooner you attack this problem the better off you will be because you will have professional advice to rely upon rather than guess work.

This answer does not create a attorney client relationship and cannot be relied upon as a legal opinion as there are too many unknown facts to this matter to render an opinion at this time. Campbell & Grooms, PLLC



Thank you very much! I know it sounds bad. But we have 3 children and one has been in and out of the hospital so we also have major medical bills. I feel like we are drowning. If you don't mind, I have one more question. If we do foreclose. Should we worry about the bank coming after use for the money they didn't get from the sale? I know they have 12 months after it sells, but I have search all over and have read that they normally don't. I know this is a website and you can't give me all the info, but I am just not sure if we are going to be able to get a lawyer right now. Thank you in advance.


I agree with the attorneys above. From the facts that you provided, it appears that you may want to speak with a bankruptcy attorney. A bankruptcy attorney should be able to evaluate your individual circumstances and help you understand your rights in dealing with your creditors.

The above answer does not constitute legal advice nor does it create an attorney/client relationship. Rather, my answer is intended only to provide general information about the question asked. The question may not include important facts that, if known, would change my answer significantly. Therefore, please do not consider my response to be a substitute for competent legal advice from a licensed attorney practicing in your state and with whom you have an attorney/client relationship.