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Being sued, Buying a House, WWYD?

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  • Being sued, Buying a House, WWYD?

    Ok, so here's the scoop.

    First,
    Hubby is trying to buy a short sale. We put offer in February, still waiting. We're doing FHA with 3.5% down if we get the short sale approved.
    Yes, I know, we're not putting 20% down which is a "no no". But our mortgage is going to be $450 dollars a month or LESS for a nearly 2,000 square foot home. We could not RENT for that cheap in this area. We'd be lucky to rent something for less than $900.
    It makes sense for us to try and get this home.

    But, my financial mistakes of my past are coming to haunt me. I voluntarily gave my car back last year because hubby got his hours cut, we could not make ends meet with our $1100 house payment and the car was nearly $500 a month. (Yes, huge mistake)

    So, of course, Chrysler is suing me for the difference of what they sold the car for. I was summoned to court but have been in talk with the attorneys office about how we can settle this outside of court. I do NOT want a judgment on my credit report for 10 years! My husband will never be able to get this house (it's a community property state, my debts are his debts).

    But, in order for it to stay out of court, they said they'd settle for $7,000 (which i owe them like 11 or 12k plus interest) and I have to give them $4000 now, and we'll do a payment plan for the remainder with no interest added on.

    That sounds great, but $4k is ALL we have in our savings and we were going to use that for the house down payment & fees.
    We are putting $800 a month away in savings, so it's growing every month.

    Basically, if we avoid court... there goes the money for the house =(

    But we know the house is such a good deal it would save us a ton of money every month.


    So, I am thinking we should take out a loan for $3500 to give to chrysler, and then do a small payment plan each month.

    That way we keep money in our savings for the house when/if it comes up.

    What do you think? I am against debt but I am trying to figure out what's best for the long haul.

    Sorry this is so long.

  • #2
    Originally posted by hausfrau View Post
    Hubby is trying to buy a short sale. We put offer in February, still waiting. We're doing FHA with 3.5% down if we get the short sale approved.

    $4k is ALL we have in our savings and we were going to use that for the house down payment & fees.
    We are putting $800 a month away in savings, so it's growing every month.

    But we know the house is such a good deal

    What do you think?
    What do I think? I think that a couple with only $4,000 in savings isn't ready to buy a house. A deal isn't a deal if you can't afford it.

    You say your are putting $800/month into savings. That's great (though I don't know how much you earn so I'm not sure what percentage of income that represents). Regardless, keep saving until you have your 6 month EF and then save for a 20% down payment and THEN go shopping for a house.
    Steve

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    • #3
      Originally posted by disneysteve View Post
      What do I think? I think that a couple with only $4,000 in savings isn't ready to buy a house. A deal isn't a deal if you can't afford it.

      You say your are putting $800/month into savings. That's great (though I don't know how much you earn so I'm not sure what percentage of income that represents). Regardless, keep saving until you have your 6 month EF and then save for a 20% down payment and THEN go shopping for a house.
      AGREED!

      I do come from a HCOLA where home ownership (going very modest) is generally cheaper than renting. I still don't see how it does any good to own a home without a proper down payment or more savings. I certainly don't see the rush.

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      • #4
        Why not renegotiate with them. Request an alternate payment amount, or installment payments. If the matter goes to trial, ask for a continuance to prepare your case.

        I would get the house and record a Declaration of Homestead on it (costs about $7-10 at the county recorders office). Depending on your state, you are allowed a certain amount of equity that a creditor cannot lay claim to. Monies you put into the house purchase will be protected equity or tax deductions. Find out the amount of your state's homestead exemption.
        Last edited by tulog; 05-26-2010, 03:11 PM.

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        • #5
          I'm a little confused because you mentioned a $1100 house payment. Is that your rent?

          I think you are rushin this to with what you mentioned. You have to take care of the car issue either way. If you keep it out of court, you lose out on the monies you need for down payment & fees. If you don't keep it out of court, judgment hurts your financing. But I would think it can also hurt your financing if you take out an additional loan. Seems your scraping the bottom of the barrel to try and cover everthing.

          A good deal is not always the best deal.

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