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BoA sold our heloc to Real Time Resolutions during short sale negotiations

Discussion in 'Ask the Attorneys?' started by Windriver, Mar 19, 2012.

  1. Windriver

    Windriver LoanSafe Member

    We found out recently that BoA sold our Heloc to Real Time Resolutions. We filed for Chapter 7 bankruptcy back in 2009 and both the first and the heloc were discharged at that time. We tried to do a loan mod through BoA which was a nightmare ( lost paperwork many times, never got the same answer twice,etc,etc). We did continue paying the second for awhile after the Chap 7 because BoA said that they could not deal with the second until the first was modified. We were advised by BoA to not pay the first during the loan mod. The mod they came back with was totally unacceptable ( lowered the payment very little and they added all the late payments and fees on to the loan). They started the foreclosure process. We decided to try a short sale which is in the works. BoA has accepted the offer on the first but sold the Heloc to Real Time during the negotiations --- the Heloc at Real Time is under review at this time.

    Can Real Time come after us for the Heloc?
    Since we continued paying the second after the Chap 7, did that make us responsible for the HELOC?

    We are not living in the house currently. We bought a travel trailer ( which we paid for by selling almost everything) to live in as the house was supposed to go to foreclosure in Dec 2011. Now it has been pushed to May 2012. Can they take our travel trailer?
    What should we do? I had to retire due to knee surgery in Oct of 2011 and only have Social Security to live on.
  2. Evan Bedard

    Evan Bedard Call 1-800-779-4547 Loan Safe Mortgage

    Welcome and thanks for joining the community.

    If both mortgages were discharged through your BK you will not be subject to any kind of judgement if you complete the short sale or walk away from the home.. Only borrowers who reaffirm their mortgages after BK may be held liable for a judgement after going through either event..

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