Daily Archives: December 12, 2007

Are Short Sales Moral?

So this is Christmas

And what have you done

Another year over

And a new one just begun

Ans so this is Christmas

I hope you have fun

The near and the dear one

The old and the young

A very merry Christmas

And a happy New Year

Let’s hope it’s a good one

Without any fear

And so this is Christmas

For weak and for strong

For rich and the poor ones

The world is so wrong

And so happy Christmas

For black and for white

For yellow and red ones

Let’s stop all the fight

A very merry Christmas

And a happy New Year

Let’s hope it’s a good one

Without any fear

Happy Xmas — John Lennon

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1703 Terra Bella Front 1703 Terra Bella Kitchen

Asking Price: $499,950IrvineRenter

Income Requirement: $124,987

Downpayment Needed: $99,990

Purchase Price: $546,000

Purchase Date: 7/19/2005

Address: 1703 Terra Bella, Irvine, CA 92602

First Mortgage $435,750

Second Mortgage $109,150

Downpayment $0Rollback

Beds: 2

Baths: 2

Sq. Ft.: 1,341

$/Sq. Ft.: $373

Lot Size: –

Type: Condominium

Style: Other

Year Built: 2002

Stories: Two Levels

Area: Northpark

County: Orange

MLS#: P609749

Status: Active

On Redfin: 28 days

From Redfin, “Beautiful Tuscan Village architech with desireable front entrance with small balcony. 2 bedroom 2 1/2 baths with a living area of 1341 Sq. Ft. in an incredibly well kept gated community with guard. Association Pool and spa with very low association fee. Ceramic tile and carpet flooring throughout. In very good condition with breakfast counter/bar and very spacious floor plan. Master bedroom with dressing area and walk in closet. Central A/C and Heating. And so much more!”

desireable? architech?

incredibly well kept? Is it really?

Shouldn’t the asking price be $499,999.99 and 9/10?

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Since this is another 100% financing deal, the lender will eat this one. Assuming a 6% commission, they will lose $76,047.

These sellers will probably not pay the bank back the $76,047, and they will just walk away. They probably could afford to repay the debt as it isn’t that large, but in many instances, the debt is overwhelming. Those are the circumstances I would like to discuss today.

There is a “strictly business” aspect to the decision that most often points to walking away, and there is a moral aspect that never points to walking away. This is a complex dilemma, and it is easy to moralize when one is not in the dire financial straits a massive home debt can bring about. However, people often find it far too easy to just walk away and justify their immorality.

IMO, walking away and declaring bankruptcy probably go together. There is probably not much distinction between the two as it impacts one’s credit score (perhaps some, I don’t know, but they are both bad.) Bankruptcy law was put in place to give people a fresh start when life’s circumstances create a debt that could not be repaid in any reasonable amount of time (7-10 years.) We can debate whether or not these circumstances were self created, and we can debate the morality of bankruptcy law, but these laws are on the books because debtor’s prisons were not serving the greater good (we can debate that too if you want.) Therefore, it can be argued that society has determined it is desirable — and thereby moral — to wipe the slate clean and give people a second chance. Lenders knew what the bankruptcy laws were when they chose to make the loan. If they chose to extend the credit, do they bear any moral responsibility to the outcome?

IMO, when faced with a debt that cannot reasonably be paid off in 7-10 years (which will be very common in the aftermath of the housing crash,) it is the right financial decision to walk away from the debts. It is in society’s best interest to have a productive citizen whose income is going toward restrained (due to lack of credit) consumer spending rather than unrelenting debt service. Is this moral? You tell me.