No Second Mortgage But Under Water on 1st.... Is there ANYTHING we can do???

[victimoftheeconomy]

I'm new to all of this, so please bare with me. In 2004 I filed bankruptcy and did not resign the mortgage. But my husband did not file BK. Fast forward to 2012, I lost my job and unemployment ran out. Still unable to find work (currently in Nursing school). My husband works but our bills are based on 2 incomes. Green Tree LLC now has our mortgage and refuses to work with us because they say they don't have to since I filed BK even though my husband is still responsible for the loan. We are now 2 months behind on Mortgage. We applied for help through the Ohio Restoring Stability Program but were told we couldn't get any help because Green Tree refuses to participate in the program (They also told us what a PITA Green Tree is to deal with which we already know). We don't want to be foreclosed on because we know they will garnish his wages to recoup the loss from the sale. We owe $84,000 and they would be lucky to get $40,000 out of it!! So, my question is, do I have any other options in dealing with them? This is a nightmare!!! If it wasn't for the fact they would garnish his wages I would tell them to take it!!

[Evan Bedard]

We are now 2 months behind on Mortgage. We applied for help through the Ohio Restoring Stability Program but were told we couldn't get any help because Green Tree refuses to participate in the program (They also told us what a PITA Green Tree is to deal with which we already know). We don't want to be foreclosed on because we know they will garnish his wages to recoup the loss from the sale. We owe $84,000 and they would be lucky to get $40,000 out of it!! So, my question is, do I have any other options in dealing with them? This is a nightmare!!! If it wasn't for the fact they would garnish his wages I would tell them to take it!

Welcome and thanks for joining the forum.

Actually deficiency judgements do not always occur and are not all that common for homeowners even in a recourse state if you do not have any assets or a big chunk of change they could go after. But that doesn't mean there are not options available and Greentree definitely allows loan modifications. Generally, when applying for a loan modification your servicer will first review your account for the Home Affordable Modification Program (HAMP), which is a Program Greentree IS participating in.

Contact Your Mortgage Company

If you have any questions about the chances of a deficiency judgement you may want to have a brief consultation with a local real estate attorney and you can find legitimate ones using the following link. Also if you type in "Ohio foreclosure" or "Ohio walk away" you will find other members here who may have walked away from their Ohio home.

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