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Anyone "walk away" from from their home mortgage?

Discussion in 'Fred's House of Pancakes' started by DB52145, Oct 17, 2008.

  1. DB52145

    DB52145 New Member

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    I am not a Prius owner, so please don't flame me but I posted this message on the boards for the car I do drive. Those boards are frequented by mostly conservatives (2/3+ support McCain) and I am curious if the response from a Prius board would be different.


    Over the weekend I'm talking with a good buddy of mine and he tells me he and his wife are thinking about walking away from their home/mortgage. He asked what I thought about this. I was completely taken off-guard, so I didn't really know what to say.

    They bought a house in Las Vegas about 3 years ago, put down 20% and have been paying their mortgage on time ever since. But they've seen the value of their house plummet, to where it is down 40-50%. They are severely upside on it. He said they are done with Vegas and want to be closer to their families in Atlanta so they'd like to move but there is no way they can sell their house. He said if they could sell it they'd have the cash to cover what they'd owe the bank (it'd pretty much wipe them out though) but they can't sell, no one is buying. So that really isn't an option right now. Their interest rate is set to go up about 2 years so they'd be paying even more for their upside-down house. He says he knows it'd mess up his credit but they don't have any credit card debt or car loans and they're OK renting for several years, so this doesn't seem to concern them too much.

    I told him I'd have to think about it and get back to him. I know from a strictly business and financial (not emotionally or morally) stand point walking away would be the right decision but it is still a tough call to make. I know a lot of people are fighting to keep from getting foreclosed, so volunteering to do this seems very odd.
     
  2. Stev0

    Stev0 Honorary Hong Kong Cavalier

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    Better solution, in my opinion: sell it to one of those places that "buy ANY house". I have a friend in a similar situation. She owes about $150,000 on a house that is worth about $100,000 (she is not very bright). I keep telling her to sell it to one of those places, because having $100,000 is better than having nothing, which is what she'll get if she forecloses (and she will if she keeps going at this rate).
     
  3. grand total

    grand total Member

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    Walking away is not going to absolve them of their debt, it will follow them. Since they are still able to make payments I'd advise them to continue doing that and wait it out. I do appreciate that waiting it out may take years, but I still think that is the best course of action.
     
  4. miscrms

    miscrms Plug Envious Member

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    Its a crappy situation to be sure. We're in somewhat of a similar spot, but not as severe. Our house is still worth more than we paid for it, but the reality is the value is arbitrary because no one is buying. We bough 6 years ago before we had kids. Now 1000 sqft with a 3 year old and a 6 month old is getting pretty cramped. Plus we're in a pretty crappy school district, and our oldest isn't that far from kindergarten. There are good deals out there in the suburbs, that have seen a much bigger decline in values. But given that we can't sell our house, and probably couldn't get a new mortgage anyway we're pretty much stuck here. That sucks, but thats the way it is. The idea of walking away from the house/mortgage has never occurred to us as a viable possibility. Its a good thing we refi'd our arm into a 30 year fixed about a year ago and didn't take out any equity.

    The only people I know considering this are owners of rental properties. They bought two extra houses 3-4 years back, fixed them up and were renting them out for their retirement investment. Now both houses are worth less than they bought for, they can't keep renters in them (huge glut of rentals on the market now), he's lost his job, and they are basically screwed. So much for retirement.

    Rob
     
  5. DB52145

    DB52145 New Member

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    But after she sells them her home she'll still need to pay the mortgage company $150K, which is what she owes but she'll be $50K+ short.

    In many states (don't know about NV) first mortgages are considered non-recourse debt, meaning one can't be sued or be held liable for the debt. So they can actually walk away without be legally responsible to pay what the mortgage company loses. Whether this is right or wrong is a whole different debate.
     
  6. Bohous

    Bohous New Member

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    I would agree with those who recommend waiting it out. They may never get right side up but it seems like walking out on a mortgage would trump any good credit they currently have. Not to be cold but it sounds like they were shortsighted when they got themselves into this situation. They purchased in one of the most overinflated markets in the country during peak bubble, far away from family and took out an ARM to boot. The ARM thing is interesting considering they had a 20% down payment.
     
  7. grand total

    grand total Member

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    Nevada is a recourse state.
     
  8. tripp

    tripp Which it's a 'ybrid, ain't it?

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    Stay in the house if at all possible. Once the market recovers get the hell out of Vegas. Long term it's a dangerous place to be a property owner because of water issues (they haven't got any).
     
  9. Stev0

    Stev0 Honorary Hong Kong Cavalier

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    I realize that. But owing $50K is a lot better than owing $150K (since most of that is home equity loan, I believe she'll still be responsible for it even if her house is taken back by the bank).
     
  10. JimN

    JimN Let the games begin!

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    They may be OK renting but the landlord is going to do a credit check and find they bailed on the house. A landlord would have to be pretty desperate to welcome a deadbeat tennant.
     
  11. perryma

    perryma New Member

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    I they could rent and cover their mortgage then they should. A foreclosure on their record will haunt them much longer than a bankruptcy and I don't recommend it at all. I would stick it out for one more year and hopefully the market will increase. Don't sell your stocks now and don't sell an overinflated house now. They need to do their best to hold on for a little while. If they have to jump ship it is better to wait until it gets a little closer to the shore.
     
  12. Wildkow

    Wildkow New Member

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    Tell your friend's to talk to somebody who knows the Real Estate Market in Las Vegas. All the rest of the "Free Advice" you read here is only worth what you paid for it.

    Wildkow
     
  13. patsparks

    patsparks An Aussie perspective

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    +1, with bells on.
    This is the best advice I have read on this thread.

    Personally I'd sell everything but the house and wait till the market recovered before getting out, then again if the collapse in real estate is nation wide, now might be the time to buy into real estate.
    But I'm just guessing.
     
  14. FL_Prius_Driver

    FL_Prius_Driver Senior Member

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    You cannot fix one bad decision with another bad decision and expect everything to turn out better. They can make decisions based on personnel integrity or short term financial motivation....It seems they are about to find out how life really works. Don't overlook that they live in a city where screwing people for money is THE major occupation of most institutions there.
     
  15. dwdean

    dwdean Member

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    All I have to say is THANK YOU!!

    The OP's friends need some serious, professional financial and real estate advice. They may get what they want, they may not, but they're going to need some professionals in this market.

    What I do know, is that walking away is not going to solve anything for anyone. That kind of selfish disregard (based on the reasons sited) for the commitments they made is one of the root causes of our current financial crisis. No, their single mortgage isn't likely to change anything, but add enough of those together and you'll certainly see an impact.

    I going to reserve any further comment as none of it would be complimentary or even constructive.
     
  16. amm0bob

    amm0bob Permanently Junior...

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    I know a fella that is a CPA that walked on a home in Lincoln Hills.

    I told him before he bought it that $4800 a month was a steep bill for a state worker... but his wife wanted an image and a long driveway...

    They are in a new subdivision in Rancho Cordova now in a home their family helped them get into for half the coins.

    He found that the bank sold it for just a little over half of what he owed.
     
  17. mojo

    mojo Senior Member

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    It seems that the Feds will have to have some remedy for people in this situation.
    I would hold out until the next Presidency .
    At least there will be a remedy for the resetting monthly payment.
    This whole banking mess could have been avoided by bailing out homeowners .
    It wont be solved until the foreclosures are stemmed.
     
  18. patsparks

    patsparks An Aussie perspective

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    So now they have half the house and the same size debt?
    Great decission :rockon: not.

    How did I work that out?
    Bank sold house for half of one debt
    I assume they borrowed to get the next house "for half the coin"
    half plus half equals one whole when I went to school.
     
  19. dwdean

    dwdean Member

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    Who knows? The details are just a little sketchy on this one. My guess is that the bank had to write some of it down (the proverbial financial bath.) I'd further guess that on the new house, the new house isn't directly owned by these people; it sounds like at least one other person in the family is listed on the note and even be the primary borrower.

    I'd like to think that our banks wouldn't write a loan to someone that they knew had defaulted on their previous mortgage, but then again, I'd have liked to think that our banks wouldn't have gotten in this pickle in the first place; I guess I always did under estimate greed.

    In any event that write down I was talking about is yet another leg in the mortgage crisis. Though this one really should be laid at the feet of the banks themselves, at least mostly. No people shouldn't have signed deals like those, but the banks shouldn't have offered them in the first place. This is a very common story: bank offers an outrageous mortgage to someone that had no chance of realistically making the payments; said person agrees to mortgage and then defaults on the loan; bank acts surprised. Repeat that a couple of hundred thousand times and you get the mess we're in.

    Sorry the whole thing just chaps my @ss.
     
  20. amm0bob

    amm0bob Permanently Junior...

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    The bank took it in the shorts... after the foreclosure the fella lost 120 sq/f and a lot of yard but his payments are now $1700, and he isn't responsible for the last house at all...

    I think him & his wife thought that the value of the home would continue to climb and he could sell it later for double...

    And while it was a beautiful home... it WAS above his level of earnings, and he didn't have to put too much in the transaction to move in...

    Unlike any real estate I have ever bought where we always had to have 20+% plus points to move in.