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	<title>Comments on: Attorney recommend I stop making mortgage payments - will this negatively affect my student loans?</title>
	<atom:link href="http://www.stopping-home-foreclosure.com/blog/stop-foreclosure-sale/attorney-recommend-i-stop-making-mortgage-payments-will-this-negatively-affect-my-student-loans/feed" rel="self" type="application/rss+xml" />
	<link>http://www.stopping-home-foreclosure.com/blog/stop-foreclosure-sale/attorney-recommend-i-stop-making-mortgage-payments-will-this-negatively-affect-my-student-loans</link>
	<description>Learn how to stop mortgage foreclosure</description>
	<pubDate>Thu, 17 May 2012 13:20:42 +0000</pubDate>
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		<title>By: Impuscaturi</title>
		<link>http://www.stopping-home-foreclosure.com/blog/stop-foreclosure-sale/attorney-recommend-i-stop-making-mortgage-payments-will-this-negatively-affect-my-student-loans#comment-1531</link>
		<dc:creator>Impuscaturi</dc:creator>
		<pubDate>Fri, 11 Mar 2011 10:34:49 +0000</pubDate>
		<guid isPermaLink="false">http://www.stopping-home-foreclosure.com/blog/stop-foreclosure-sale/attorney-recommend-i-stop-making-mortgage-payments-will-this-negatively-affect-my-student-loans#comment-1531</guid>
		<description>Definitely agree with exactly what you wrote, perhaps others can learn from this. It was a pleasure visiting your site and I will add www.stopping-home-foreclosure.com to my favorites right now.</description>
		<content:encoded><![CDATA[<p>Definitely agree with exactly what you wrote, perhaps others can learn from this. It was a pleasure visiting your site and I will add <a href="http://www.stopping-home-foreclosure.com" rel="nofollow">http://www.stopping-home-foreclosure.com</a> to my favorites right now.</p>
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		<title>By: Sirena Bisard</title>
		<link>http://www.stopping-home-foreclosure.com/blog/stop-foreclosure-sale/attorney-recommend-i-stop-making-mortgage-payments-will-this-negatively-affect-my-student-loans#comment-1494</link>
		<dc:creator>Sirena Bisard</dc:creator>
		<pubDate>Mon, 19 Jul 2010 02:43:41 +0000</pubDate>
		<guid isPermaLink="false">http://www.stopping-home-foreclosure.com/blog/stop-foreclosure-sale/attorney-recommend-i-stop-making-mortgage-payments-will-this-negatively-affect-my-student-loans#comment-1494</guid>
		<description>Mortgage refinancing is a step that all interested people need to take seriously, because once little mistake could bring very big and bad consequences.</description>
		<content:encoded><![CDATA[<p>Mortgage refinancing is a step that all interested people need to take seriously, because once little mistake could bring very big and bad consequences.</p>
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		<title>By: bud68</title>
		<link>http://www.stopping-home-foreclosure.com/blog/stop-foreclosure-sale/attorney-recommend-i-stop-making-mortgage-payments-will-this-negatively-affect-my-student-loans#comment-1433</link>
		<dc:creator>bud68</dc:creator>
		<pubDate>Sat, 13 Mar 2010 15:50:59 +0000</pubDate>
		<guid isPermaLink="false">http://www.stopping-home-foreclosure.com/blog/stop-foreclosure-sale/attorney-recommend-i-stop-making-mortgage-payments-will-this-negatively-affect-my-student-loans#comment-1433</guid>
		<description>Did she tell you that only about 15% of attempted short sales ever succeed?  The rest wind up as foreclosures.&lt;br&gt;&lt;b&gt;References : &lt;/b&gt;&lt;br&gt;</description>
		<content:encoded><![CDATA[<p>Did she tell you that only about 15% of attempted short sales ever succeed?  The rest wind up as foreclosures.<br /><b>References : </b></p>
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		<title>By: Sgt Big Red</title>
		<link>http://www.stopping-home-foreclosure.com/blog/stop-foreclosure-sale/attorney-recommend-i-stop-making-mortgage-payments-will-this-negatively-affect-my-student-loans#comment-1432</link>
		<dc:creator>Sgt Big Red</dc:creator>
		<pubDate>Sat, 13 Mar 2010 15:43:59 +0000</pubDate>
		<guid isPermaLink="false">http://www.stopping-home-foreclosure.com/blog/stop-foreclosure-sale/attorney-recommend-i-stop-making-mortgage-payments-will-this-negatively-affect-my-student-loans#comment-1432</guid>
		<description>You have not provided enough information regarding the property to give a good answer.  I can only generalize a few things.

If this is your only home,  a short sale can only be done if the lender approves it and agrees to permit you to do a short sale--thus, they certainly will not agree to a short sale if they intend to seek a deficiency from you. This is a complex area, but generally, a lender cannot seek a deficiency judgment against a borrower if the loan was a &#34;purchase money&#34; loan and secured by a residence. Please note, if the loan was originally made at the time of purchase but was later refinanced, it LOSES its purchase money character, and also, if there is any misrepresentation in the loan documents signed by the borrower (i.e., income was inflated, borrower said he was going to occupy home but did not intend to, etc.), then the lender may seek a deficiency.

Thus the reason for your attorney to tell you to stop making the mortgage payments, it's a quicker way but could cost you more in the end due to the following  area of possible threat. Even if the lender cannot get a deficiency judgment because your loan is purchase-money or because it elects the speedier and cheaper route of foreclosing by trustee sale, it may be able to sue you for something unconnected with the loan obligation per se, such as falsifying your income on a credit application or for trashing the property and thus unfairly reducing the collateral value.

As to your other debts, as long as you pay them as agreed, they should not be affected but your score will go down due to the forclosure on the house.

Hope this answers your question
LEGAL DISCLAIMER:  The advice contained herein is for informational purposes only.  It is not to be construed as Legal Counsel nor Legal Advice.&lt;br&gt;&lt;b&gt;References : &lt;/b&gt;&lt;br&gt;http://www.lawguru.com/cgi/bbs/mesg.cgi?l=all&#38;c=17</description>
		<content:encoded><![CDATA[<p>You have not provided enough information regarding the property to give a good answer.  I can only generalize a few things.</p>
<p>If this is your only home,  a short sale can only be done if the lender approves it and agrees to permit you to do a short sale&#8211;thus, they certainly will not agree to a short sale if they intend to seek a deficiency from you. This is a complex area, but generally, a lender cannot seek a deficiency judgment against a borrower if the loan was a &quot;purchase money&quot; loan and secured by a residence. Please note, if the loan was originally made at the time of purchase but was later refinanced, it LOSES its purchase money character, and also, if there is any misrepresentation in the loan documents signed by the borrower (i.e., income was inflated, borrower said he was going to occupy home but did not intend to, etc.), then the lender may seek a deficiency.</p>
<p>Thus the reason for your attorney to tell you to stop making the mortgage payments, it&#8217;s a quicker way but could cost you more in the end due to the following  area of possible threat. Even if the lender cannot get a deficiency judgment because your loan is purchase-money or because it elects the speedier and cheaper route of foreclosing by trustee sale, it may be able to sue you for something unconnected with the loan obligation per se, such as falsifying your income on a credit application or for trashing the property and thus unfairly reducing the collateral value.</p>
<p>As to your other debts, as long as you pay them as agreed, they should not be affected but your score will go down due to the forclosure on the house.</p>
<p>Hope this answers your question<br />
LEGAL DISCLAIMER:  The advice contained herein is for informational purposes only.  It is not to be construed as Legal Counsel nor Legal Advice.<br /><b>References : </b><br /><a href="http://www.lawguru.com/cgi/bbs/mesg.cgi?l=all&amp;c=17" rel="nofollow">http://www.lawguru.com/cgi/bbs/mesg.cgi?l=all&amp;c=17</a></p>
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		<title>By: douglas l</title>
		<link>http://www.stopping-home-foreclosure.com/blog/stop-foreclosure-sale/attorney-recommend-i-stop-making-mortgage-payments-will-this-negatively-affect-my-student-loans#comment-1431</link>
		<dc:creator>douglas l</dc:creator>
		<pubDate>Sat, 13 Mar 2010 15:21:59 +0000</pubDate>
		<guid isPermaLink="false">http://www.stopping-home-foreclosure.com/blog/stop-foreclosure-sale/attorney-recommend-i-stop-making-mortgage-payments-will-this-negatively-affect-my-student-loans#comment-1431</guid>
		<description>Yes of course it will. Late payments are late payments. She is essentially saying your house needs to go borderline foreclosure before you can short sell it.  The only way to do that is to suspend payments.  I understand the logic but it's still an unsavory tactic as it will destroy your credit.  There has to be another option.&lt;br&gt;&lt;b&gt;References : &lt;/b&gt;&lt;br&gt;</description>
		<content:encoded><![CDATA[<p>Yes of course it will. Late payments are late payments. She is essentially saying your house needs to go borderline foreclosure before you can short sell it.  The only way to do that is to suspend payments.  I understand the logic but it&#8217;s still an unsavory tactic as it will destroy your credit.  There has to be another option.<br /><b>References : </b></p>
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		<title>By: boilerette72</title>
		<link>http://www.stopping-home-foreclosure.com/blog/stop-foreclosure-sale/attorney-recommend-i-stop-making-mortgage-payments-will-this-negatively-affect-my-student-loans#comment-1430</link>
		<dc:creator>boilerette72</dc:creator>
		<pubDate>Sat, 13 Mar 2010 14:56:59 +0000</pubDate>
		<guid isPermaLink="false">http://www.stopping-home-foreclosure.com/blog/stop-foreclosure-sale/attorney-recommend-i-stop-making-mortgage-payments-will-this-negatively-affect-my-student-loans#comment-1430</guid>
		<description>since your attorney is giving out advice why don't you ask her?&lt;br&gt;&lt;b&gt;References : &lt;/b&gt;&lt;br&gt;</description>
		<content:encoded><![CDATA[<p>since your attorney is giving out advice why don&#8217;t you ask her?<br /><b>References : </b></p>
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		<title>By: jungleempress</title>
		<link>http://www.stopping-home-foreclosure.com/blog/stop-foreclosure-sale/attorney-recommend-i-stop-making-mortgage-payments-will-this-negatively-affect-my-student-loans#comment-1429</link>
		<dc:creator>jungleempress</dc:creator>
		<pubDate>Sat, 13 Mar 2010 14:37:59 +0000</pubDate>
		<guid isPermaLink="false">http://www.stopping-home-foreclosure.com/blog/stop-foreclosure-sale/attorney-recommend-i-stop-making-mortgage-payments-will-this-negatively-affect-my-student-loans#comment-1429</guid>
		<description>It sure will!&lt;br&gt;&lt;b&gt;References : &lt;/b&gt;&lt;br&gt;</description>
		<content:encoded><![CDATA[<p>It sure will!<br /><b>References : </b></p>
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