Jackie and Archie Advice on Walking Away from Your Home

DEAR JACKY: It is difficult for me to give you advice without receiving more information: Generally, my advice is stand and fight. There are many options, but we have to know what your situation looks like. Needless to say, going to a lawyer who is familiar with local law and procedure is the most preferable route to take, but I understand that this might not be an option for you.


If you look at the various posts to the blog site you will see several helpful forms and hints on how to get started and what to say.


I am working on a book and pamphlets that should be ready for digital publication within about 5 weeks.

Please answer the following questions:

  • 1. Date house was purchased, name of Buyer on Deed and name of Seller on Deed.
  • 2. Amount of purchase price 
  • 3. Location and Description of house: no address PLEASE: just something like 3 bedroom 2 bath, 2100 square feet built in 1972 on 1/2 acre lot in City of Sacremento, california, __________ County. 
  • 4. Name of original lender on first mortgage and amount of loan as shown on mortgage note. a. Monthly payment of principal and interest b. Monthly payment of taxes and insurance 
  • 5. Name of original lender on second mortgage if any and amount of loan as shown on mortgage note 
  • 6. Terms of first mortgage note: e.g. fixed 6%, amortization 30 years, date and amount of balloon. 
  • 7. Terms of second mortgage or equity loan: e.g. variable rate 2% over prime, 10 years, interest only, date and amount of balloon 
  • 8. What do you mean that house should have been paid off 20 years ago? Did you think the house WAS paid off? How long has it been that the mortgage company did nothing? 
  •        a. Information about any refinancing 
  • 9. In whose name(s) is the house now? 
  • 10. Who filed foreclosure against the house? 
  • 11. Who have they named as the owner of the house? Are they right? 
  • 12. Do you have the original disclosure statements? 
  • 13. When was the last time any financing was done on the house? By whom? With whom? 
  • 14. When do you expect your income to resume? 
  • 15. What repairs are needed to the house and what is your estimate of the cost of those repairs (don’t exaggerate). 

Respond by email to me so you are not sharing your personal information with the world. 
Neil F. Garfield, Esq. 

One Response

  1. I do believe sometimes the only option might be to walk away. I’ve have done this and I’m now starting to get my financial life back together. Nice post.

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