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Walk away from your underwater mortgage

ohio

The Fresno Kid
Nov 26, 2001
6,649
26
SF, CA
Read stories like this and tell me it isn't both your fiscal AND moral responsibility to use the existing rules and regulations to your advantage and walk away from an underwater mortgage.

http://bayarearidersforum.com/forums/showthread.php?t=318523

Friend lost job 18 months ago, and was out of work for 9-10 months and missed only three house payments. Friend has a new job and started making payments again. Wells Fargo hasn't cash the checks.

Friend called to find out what was going on and was told foreclosure was in process. Friend tried to negotiate making 1 gigantic payment to bring it up to date - no deal. Friend mailed check for gigantic payment that they won't cash. Friend tried to get new loan - because Wells Fargo started the foreclosure process after missing ONE payment, credit rating has been decimated.

The Att'y hired to help says the banks - which WE just bailed out with $25,000,000,000 are foreclosing on homes in DESIRABLE neighborhoods and DESIRABLE price range much faster than ones in, lets say, Oaklamd.

Investors are picking and choosing houses and telling Wells Fargo which ones they want, and the Wells Fargo fat cats are kissing the ass of private investors while sucking the federal teat.

Friend has to be out in 20 days.
 

Pesqueeb

bicycle in airplane hangar
Feb 2, 2007
42,371
19,897
Riding past the morgue.
NEW YORK — Tishman Speyer Properties walks away from 11,232 Manhattan apartments because it can't pay its mortgage. That's good business.

Rick Gilson, a college custodial supervisor in South Dakota, wants to walk away from the mortgage on his mobile home. If he does, he'll be a deadbeat.
more here
I still say its immoral if you have the cash to pay your bill no matter who you are. You bought high then the market collapsed? You made a bad bet, too bad sucka.
 

BurlyShirley

Rex Grossman Will Rise Again
Jul 4, 2002
19,180
17
TN
more here
I still say its immoral if you have the cash to pay your bill no matter who you are. You bought high then the market collapsed? You made a bad bet, too bad sucka.
Hmmm... not really the point of the article but

His mobile home started depreciating the minute he moved in 12 years ago, much as a car loses value as soon as you drive it out of the dealer's lot.
Isn't a mobile home a depreciating asset in any case? It's not like it gains "character" over time like some quaint farm house in a beautiful meadow. It's goddam trailer. Starts falling apart the minute they park it because it's a POS on wheels.

Anyway, I now feel a mortgage is a business contract, not a moral union like a marriage. The bank bets it will make money off of you. You bet you'll make money off the bank's money (if you view a home as an investment). Breaking business contracts happens in business.. it's all part of the game of money.
 

dante

Unabomber
Feb 13, 2004
8,807
9
looking for classic NE singletrack
I'd say it's pretty f***ed up. NY is a recourse state, meaning if you default on your mortgage, the banks can come after your other assets. Of course, the Stuyvesant Town deal is able to avoid that (separate Corp set up?)... I wonder if my bank would've given me a mortgage if I'd approached them and asked for a mortgage under Dante, LLC. Obviously, the mortgage would be held 100% by Dante, LLC, with zero liability or recourse to myself should I decide that I don't want to continue paying... They could confiscate the assets of Dante, LLC, but since the only asset is the house, go ahead.
 

ohio

The Fresno Kid
Nov 26, 2001
6,649
26
SF, CA
NY is a recourse state, meaning if you default on your mortgage, the banks can come after your other assets. Of course, the Stuyvesant Town deal is able to avoid that (separate Corp set up?).
Yeah, I don't get how Tishman was able to isolate that investment from the other $33B in assets they own. They shouldn't have been able to secure the funding for Stuyvesant Villagew without the other assets as collateral. If did secure the credit with nothing but a reputation and a bubble, I guess the banks/creditors deserve to be ****ed.
 

dante

Unabomber
Feb 13, 2004
8,807
9
looking for classic NE singletrack
Interesting piece in the NYTimes here.
Ok, this is what kills me about what counts as "reporting" today...

Joe Figliola has heard that message. He bought his house in Elgin, Ill., in 2004, then refinanced twice to get better terms. He pulled out a little money both times to cover the closing costs and other expenses. Now his place is underwater while his salary as circulation manager for the local newspaper has been cut.
What's "a little"? I just checked on zillow.com, and the average house sold for ~$180k in 2004 in Elgin, IL, and it's now just below $160k now. Yes, if he'd pulled out $1500 each time he refinanced (and had been paying the monthly bills each of the last 6 years), he'd be pretty close to being above water, even if he only put down 3%.

But I think it's interesting that the banks are insisting on playing chicken with homeowners, refusing to modify loans and almost daring them to walk away. The banks will lose more money in a bankruptcy than they would in a loan modification or a short-sale, or they would if they actually had *held* the loan in the first place. If they've already packaged and sold the loan off to someone else, it's no wonder that they're not willing to modify it...
 

SkaredShtles

Michael Bolton
Sep 21, 2003
68,358
14,541
In a van.... down by the river
<snip>


What's "a little"? I just checked on zillow.com, and the average house sold for ~$180k in 2004 in Elgin, IL, and it's now just below $160k now. Yes, if he'd pulled out $1500 each time he refinanced (and had been paying the monthly bills each of the last 6 years), he'd be pretty close to being above water, even if he only put down 3%.
You KNOW he pulled out $20K each time he refi'd. And bought a boat or a vacation to the South Pacific or something. And $40K *is* a "little" when compared to the bank bailouts. :p
 

dante

Unabomber
Feb 13, 2004
8,807
9
looking for classic NE singletrack
You KNOW he pulled out $20K each time he refi'd. And bought a boat or a vacation to the South Pacific or something. And $40K *is* a "little" when compared to the bank bailouts. :p
No way, that's flat out impossible. There's no one that fiscally irresponsible to pull money out of their house to pay for a boat or a vacation. He pulled it out to cover "expenses", which means he used the cash to pay off his credit card bill that he had put the boat, vacation, etc on. Huge difference, one is paying your monthly expenses (like a credit card bill), and the other is squandering the money on unnecessary things. :thumb:
 

jimmydean

The Official Meat of Ridemonkey
Sep 10, 2001
43,522
15,738
Portland, OR
Interesting article I was reading today about "deficiency judgments". I had no idea and now it scares the crap out of me.

I short sold my house because the market sucks ass. My house was built in 2006, sold for $235k, then the PO did a deed in lieu in 2008. I bought the house for $178k in April of 2009 and then left south.

After 6 months on the market with no solid offers, my Realtor got the OK for a short sale. My house just sold for $155k, ouch. This is what scares me:

What can be scary is that the judgments don't have to be obtained immediately. Lenders or collection agencies may wait until debtors have recovered financially before they swoop in. In Florida, the bank can wait up to five years to file. Once the court grants a judgment, the lender has 20 years there to collect, with interest.
 

SkaredShtles

Michael Bolton
Sep 21, 2003
68,358
14,541
In a van.... down by the river
No way, that's flat out impossible. There's no one that fiscally irresponsible to pull money out of their house to pay for a boat or a vacation. He pulled it out to cover "expenses", which means he used the cash to pay off his credit card bill that he had put the boat, vacation, etc on. Huge difference, one is paying your monthly expenses (like a credit card bill), and the other is squandering the money on unnecessary things. :thumb:
Rep for you, sir! :rofl:
 

Pesqueeb

bicycle in airplane hangar
Feb 2, 2007
42,371
19,897
Riding past the morgue.
What's "a little"? I just checked on zillow.com, and the average house sold for ~$180k in 2004 in Elgin, IL, and it's now just below $160k now. Yes, if he'd pulled out $1500 each time he refinanced (and had been paying the monthly bills each of the last 6 years), he'd be pretty close to being above water, even if he only put down 3%.
Also, depending on when he re-financed, remember for a while banks were give people 120 percent loans on their homes. If homie did something like that even one of the times he re-financed he might really be underwater. I'd put in for a job in Chicago right before I got hit in 2007 and the wife and I did a lot of looking in Elgin because it was basically the only place we would have been able afford that wasn't a 2 hour plus drive (property taxes in IL=teh stupid!). In late 2006 you couldn't touch anything, even in Elgin that I would have moved my wife to for under 200k.
 

BurlyShirley

Rex Grossman Will Rise Again
Jul 4, 2002
19,180
17
TN
Heard a stat on NPR this a.m.

1/3 of all mortgage holders are underwater?

:shocked:

Can this actually be true?!?
Surprised it's not more. All you see on TV is "refi, refi, refi". People want to screw off with money, not live frugally and be responsible... what fun is that?
 

dante

Unabomber
Feb 13, 2004
8,807
9
looking for classic NE singletrack
Heard a stat on NPR this a.m.

1/3 of all mortgage holders are underwater?

:shocked:

Can this actually be true?!?
Well, sort of. Keep in mind that it's mortgages (or mortgage holders), but that includes ALL mortgages, including 2nd (3rd, HELOC, etc) mortgages. So one guy might have a primary and two secondary mortgages on his single house, and it'll count as 3 mortgages that are all underwater. Journalists also seem to be interchanging "mortgage holder" with "homeowner", completely missing the fact that 30% of Americans own their own home outright (and another 33% rent or are homeless).

So 1/3 of all mortgage holders (which is only 37% of the population) is equal to ~12% of Americans, and it's less since many of those Americans have multiple mortgages. Granted, saying something like 7% of Americans are underwater wouldn't exactly have the same catchy headline...
 

Pesqueeb

bicycle in airplane hangar
Feb 2, 2007
42,371
19,897
Riding past the morgue.
Surprised it's not more. All you see on TV is "refi, refi, refi". People want to screw off with money, not live frugally and be responsible... what fun is that?
It is a great time to re-finance, but how do you re-finance if your upside down? The wife and I refi'd about a year ago, but we had equity plus we put down cash, were paying 4.3% which lowerd our payment 200 a month. Were putting that 200 back on the note which means will be done just in time for my daughter to go to college (hopefully)
 

SkaredShtles

Michael Bolton
Sep 21, 2003
68,358
14,541
In a van.... down by the river
Well, sort of. Keep in mind that it's mortgages (or mortgage holders), but that includes ALL mortgages, including 2nd (3rd, HELOC, etc) mortgages. So one guy might have a primary and two secondary mortgages on his single house, and it'll count as 3 mortgages that are all underwater. Journalists also seem to be interchanging "mortgage holder" with "homeowner", completely missing the fact that 30% of Americans own their own home outright (and another 33% rent or are homeless).

So 1/3 of all mortgage holders (which is only 37% of the population) is equal to ~12% of Americans, and it's less since many of those Americans have multiple mortgages. Granted, saying something like 7% of Americans are underwater wouldn't exactly have the same catchy headline...
Damn... what's this world coming to when even NPR is pulling this bull$hit. :(