Homes in Texas and Maryland--Impact of Filing Bankruptcy?


LoanSafe Member
Aug 15, 2012
I am sure that I need to consult with an attorney on this, but I am hoping someone in the forum has possibly dealt with a similar issue. I am new to the forum and just recently began posting my story on a separate post. Not much there--to summarize, I am seeking approval of a short sale from Bank of America. I can no longer afford my house because I have no job. Thus far, I have been getting the run-around but finally spoke to someone who said that he was notating my file so that someone from the Short Sale Dept. could contact me. I am hopeful that Bank of America will cooperate, but based on the stories I have read online, I do not believe it is likely.

I am trying to figure out what is likely to happen based on the following facts: I purchased a home in Texas in 2004 (FHA loan, CitiMortgage). Currently, my mother lives in the house in Texas (and has done so since 2006) and pays the mortgage, but the house is still in my name. Payments are and should remain current, barring anything unforeseen. I moved to Maryland in 2006 and purchased a home in 2008 (FHA loan, Bank of America). Payments on the Maryland home are current as of today, but I will not be able to make the September payment (or any subsequent payment unless I find a job). The likely result is that Bank of America will foreclose on the Maryland house (absent approving the request for a short sale) eventually. Maryland is a recourse state, so if a deficiency judgment is awarded, I will have to file bankruptcy. Given that I have no income, am not independently wealthy and have pretty high student loan debt, I believe I should qualify for Ch. 7 bankruptcy.

I am just wondering what impact filing Ch. 7 bankruptcy will have on the home in Texas, which I want to keep. Will CitiMortgage try to take the house? Can Bank of America file any type of lien against the house in Texas?

Thanks in advance to anyone who can help.