Should You Walk Away from Home Debt?

Astute Observations

Astute Observation by RogBoy
2009-12-21 03:58 AM

Those figures for the floor area can’t be right, can they? 868 sq ft for 3 beds / 4 baths - do you have to sleep standing up?

Astute Observation by priced_out
2009-12-21 07:09 AM

To get $329/sqft, the place should be 1395 sqft.  I’m not sure where 868 sqft came from.

Astute Observation by Lee in Irvine
Astute Observation by Dan in FL
2009-12-21 05:38 AM

IR, a word of warning: DO NOT WALK AWAY BEFORE TALKING TO AN ATTORNEY IN YOUR AREA.

The advise to just walk away works for some people, but not for others.  States have different laws concerning housing debt.  Some states are non-recourse states (many loans in CA are non-recourse).  Other states, like Florida, are recourse states, meaning the bank can pursue you after the foreclosure for the deficiency.

So I repeat: DO NOT WALK AWAY BEFORE TALKING TO AN ATTORNEY IN YOU AREA.  Preferably one who is savy on foreclosure proceedings and debt collection law.

Astute Observation by CA
2009-12-21 06:32 AM

I’m going to argue against this one for some buyers… if you’re savvy enough to know what kind of loan you’re in, there’s no need to consult with an attorney. I’ve had many friends strategically default, none of them consulted an attorney as they knew they had non-recourse loans.

In fact, I knew more from my own research than the attorney that I spoke to prior to our strategic default. Needless to say we didn’t retain him.

Most loans go through the non-judicial trustee sale process in CA simply because of the redemption period/costs associated with a judicial procedure. I’ve searched the dockets and rarely find any judicial foreclosure proceedings filed.

It’s surprisingly easy to default…stop paying, turn off your phone, you’re good to go.

Astute Observation by Dan in FL
2009-12-21 12:02 PM

In CA, a person who has educated themselves on the process should be fine.

The problem is with people from outside CA assuming the rules are the same in their neck of the woods.

Astute Observation by AZDavidPhx
2009-12-21 05:40 AM

OUCH!

The denial flavored Kool-Aid is still flowing nicely. 

I was told over the weekend that prices have nowhere to go from here but UP.  Of course, nobody can give a coherent reason as to why prices can only go up from here - apparently, house debtors can wield the power of magical thinking to put a floor under their declining equity.

I was told that the jerk next door just up and left because he figured out that he could go and rent a nicer house down the street for cheaper than owning!  GASP!

Now his old unmaintained house sits out on the market dragging down everyone’s value in the neighborhood!  Yes, that is it - this one Joe Blow single handedly brought down all the values in the metro area by walking away to go rent.

SIGH - what a tragedy we have inflicted upon ourselves.

Astute Observation by AZDavidPhx
2009-12-21 06:05 AM

I love this listing description.  I give it a Realtor(C) Thumb’s Up stamp of disapproval.

3BED+4BA+3CAR

Clever use of the “+” character combined with the CAPS.  Now the whole thing looks like one long jumble of unreadable SH_T.

A MUST SEE!

Crap filler statement?  Why not say “AVOID - STAY AWAY”.

GRANITE COUNTERS IN KITCHEN

In the kitchen! AH, YES! Of course!  Of course!  That’s where these things go.

TENNIS CT

Tennis in Connecticut?

RUN/WALK

HUH? Random brainwashing commands.

Astute Observation by winstongator
2009-12-21 07:56 AM

It’s also granite tiles not solid granite, from what I can see.

Astute Observation by zubs
2009-12-21 02:30 PM

Granite counters in kitchen is descriptive and alright.  The other crap is fluff.

Astute Observation by winstongator
2009-12-21 07:48 AM

I take issue with the term ‘most’ that is peppered throughout the paper.  Is ‘most’ closer to 51%, or 99%?  You also need to weigh based on amount underwater.  No one will strategic default 5% underwater, or possibly even 10%.  What about those 50% (or more) underwater (100% financing 50% value drop)?  Also the further underwater, the higher premium you’ll be paying relative to rent.

Consider three identical homes next to each other.  One rents for $2000, next bought in 2004 for $450k, the other bought in 2006 for $800k.  What do you think will happen?

What might keep the person with the $800k-price from strategic default is the fact that they might have the savings to eat the loss or negotiate some sort of short-sale.  If they are completely stretched, I do not see many people keeping up with those payments.  Few people in 2006 were conservative about DTI, so nearly everyone that bought then was stretching…in ‘good’ economic times…so a huge number are stretched now.  Maybe that shows up in the paper as something else, but it is closely linked to being underwater.

Astute Observation by winstongator
2009-12-21 07:55 AM

I don’t like the paper because of their example.  I’ve looked at a lot of housing transactions in FL, and have not seen a price go from $585k to $187k.  Their data is not same-home sales, but looking at averages for an area.  Also their couple makes $167k/yr.  Put them in a 50% gross DTI (closer to what people were actually doing), and you’d see a much different outcome than the author posits.

I do like their conclusion that we should not make this a moral decision, it is a market failure.

Astute Observation by dafox
2009-12-21 08:27 AM

what’re the chances that the current owner was one of those who camped out overnight to get into the condo buying lottery when this was built in 2007?
All that effort to lose a hundred grand per year.

Astute Observation by IrvineRenter
2009-12-21 09:01 AM

I wonder if the people who bought in the frenzy fully accept the totality of their failure? Losing $200,000 is a major reality check.

Astute Observation by winstongator
2009-12-21 10:12 AM

Are the buyers really going to be the ones eating the $200k loss, or is the bank goign to get some indigestion too?

Astute Observation by IrvineRenter
2009-12-21 10:18 AM

In the end, everyone including the US taxpayer will have indigestion from these losses.

Astute Observation by lowrydr310
2009-12-21 09:00 AM

I have a problem with the numbers again:

Income Requirement ....... $95,908
Downpayment Needed ... $91,800

Monthly Cash Outlays ............ $2,800


First off, go find me someone in Southern California who earns $96K and has $91K saved up. There may be a few people, but realistically do you think that most people have this kind of savings?

Second, $2800 a month? Perhaps that’s closely in line with rent for one of these homes, but that’s about half of the monthly take home pay on a salary of $96K. While I’m sure some people can handle that, it seems awfully dangerous as it leaves very little for other necessities especially if you have a family.

Am I’m just too conservative with my finances?

Astute Observation by IrvineRenter
2009-12-21 10:21 AM

“Am I’m just too conservative with my finances?”

That really is the California Question, isn’t it? Lenders keep pushing the limits on DTIs, and borrowers keep bidding up prices. If you refuse to use a 50% DTI, you get left behind by lower wage earners who are willing to do so. You either live in a neighborhood with people making considerably less than you do, or you stretch like your cohorts and become a debt slave.

Astute Observation by Perspective
2009-12-21 03:51 PM

“...You either live in a neighborhood with people making considerably less than you do, or you stretch like your cohorts and become a debt slave…”

We’re in the former category. We bought a townhouse at 2.3x our income. The Mrs just bought a Land Rover, which feels a little out of place in our neighborhood; but that’s why we bought a house we could afford - so we could buy other things without increasing our debt.

Astute Observation by IrvineRenter
2009-12-21 04:17 PM

I wonder what the neighbors would think if they knew you probably make double what they do? I commend you for being willing to live so frugally.

Astute Observation by Lee in Irvine
2009-12-21 09:07 AM

Meanwhile the pressure on the banks continues:

OC Shadow Inventory Expands, and 7.4% 90 days+ behind

A troubling disparity is growing in Orange County’s housing market.

Banks and loan servicers are holding few foreclosures. That’s somewhat good news, because it shows buyers are taking foreclosures off the market.

The ratio of bank owned properties (REOs) against all outstanding first mortgages in Orange County has fallen steadily since August 2008. It dropped as low as 0.27% at the end of October 2009, reports First American CoreLogic. (REOs are the red columns in the chart below.)

But the ratio of loans 90 days or more past due has increased every month for the past 43 months! (The chart to the right only goes back to 2007, but 90 day lates have been rising since early 2006). At the end of October the ratio hit a record 7.4%.

The expanding gap between 90-day lates and REOs suggests a growing backlog of shadow inventory — homes that must some day be sold as short sales or foreclosures. (Of course some of those bad loans may be against properties listed for sale now.) In a short sale, a property is sold for less than debt owed to the bank.

One reason for the rise in shadow inventory: all loan modification programs to date seem to have delayed more than prevented foreclosures.

Astute Observation by OC Progressive
2009-12-21 09:56 AM

The growing delinquency rate is the real story here. State and federal moratoriums, as well as the inability of the lenders to process the mountain of delinquencies, has dramatically slowed the resolution of these problems.

But they are only postponed.

Astute Observation by IrvineRenter
2009-12-21 10:23 AM

Astute Observation by IrvineRenter
2009-12-21 10:35 AM

Serious U.S. mortgage delinquencies rise

WASHINGTON - Serious delinquencies among U.S. prime mortgages rose nearly 20 percent in the third quarter from the prior quarter, as the percentage of current and performing mortgages fell for the sixth consecutive quarter, banking regulators said on Monday.

The report by the Office of Comptroller of the Currency and the Office of Thrift Supervision, which are part of the Treasury Department, covered about two-thirds of all U.S. mortgages.

It found 3.6 percent of prime mortgages—those made to the most credit-worthy borrowers—were seriously delinquent in the third quarter. That was more than double the year-ago quarter and up nearly 20 percent from the 2009 second quarter.

The report defined “serious delinquencies” as those loans 60 days or more past due and loans to delinquent bankrupt borrowers.

Big U.S. banks and thrifts carried out 2.4 million home loan modifications, trial period plans or payment plans in the quarter, spurred mostly by a government plan offered by President Barack Obama, according to the report.

Most came from the government’s Home Affordable Modification Program. Mortgage servicers carried out 274,000 trial plans in the third quarter, up 240 percent from the second quarter when the plan was launched.

But only 1 percent of those had been converted to permanent modifications as of September 30, 2009, the report said.

A major cause of this disconnect is that loan servicers are finding that many borrowers who initially appear to qualify for the program do not, according to the report.

The Treasury Department has been pressuring lenders and mortgage servicers to do more to ease the harm from rising foreclosures.

Loan modifications made outside the new aid program fell in the third quarter by nearly 8 percent, the report said.

Astute Observation by IrvineRenter
2009-12-21 11:56 AM

Luxury Homeowners in U.S. Use ‘Short Sales’ as Defaults Rise

(Bloomberg) — Homeowners with mortgages of more than $1 million are defaulting at almost twice the U.S. rate and some are turning to so-called short sales to unload properties as stock-market losses and pay cuts squeeze wealthy borrowers.

“The rich aren’t as rich as they used to be,” said Alex Rodriguez, a Miami real estate agent with JM Group USA Inc., whose listings include a $2.9 million property marketed as a short sale because the price is less than the mortgage, leaving the bank with a loss. “People have reached the point where they can’t afford the carrying expenses of a $2 million home.”

Payments on about 12 percent of mortgages exceeding $1 million were 90 days or more overdue in September, compared with 6.3 percent on loans less than $250,000 and 7.4 percent on all U.S. mortgages, according to data from First American CoreLogic Inc., a Santa Ana, California-based research firm. The rate for mortgages above $1 million was 4.7 percent a year earlier.

As defaults on the biggest mortgages rise, borrowers such as Steve Holzknecht are turning to short sales to exit loans that now are larger than the market value of the house. In such a transaction, the lender agrees to accept less than a 100 percent payoff on a mortgage to expedite the property’s sale.

Astute Observation by freedomCM
2009-12-21 12:29 PM

You know the economy is bad when ARod has to take a second job selling used houses.

Astute Observation by newbie2008
2009-12-21 11:58 AM

“Pay or leave”
That’s only 2 of the 3 options.
With the new FHA extension of the subprime loan market of only 3.5% down.  The 3rd option becomes sweeter.  Buy a house at inflated price with a 3.5% down and $8000 tax credit. 

Live rent free for a year to two years! 

Run/Don’t walk to your nearest RE to buy an overpriced property. 

Consult a trustworthy and knowledgable local attorney on the law and local practice deciding.


IrvineRenter,
How much downpayment did the victim put down?

Astute Observation by zubs
2009-12-21 02:40 PM

I heard the mortgage brokers are now tied to the mortgages they broker, so if a buyer defaults on a mortgage, the mortgage broker involved is put on a blacklist by the lender.

Is that true?

This info was given to me by a mortgage broker relative.

Astute Observation by ElricSeven
2009-12-21 12:08 PM

They should call HAMP something different like, Homes Unaffordable Modification Program, or HUMP, since it results in payments that still can’t be made.  And, it props up prices keeping renters out of the market.  And, finally, because we all feel the effects of the government HUMP.

Astute Observation by Soylent Green Is People
2009-12-21 02:47 PM

This is an FHA purchase and not a 20% down transaction. The 20 percenters are buying SFD’s, leaving the Condo market to the FHA buyers.


So…. if you have a recourse loan…. is a bank in this market really going to come after you? Do we “know” this by experience (please comment) or “know” this anecdotally?

My .02c

Soylent Green Is People

Astute Observation by matt138
2009-12-21 05:24 PM

If you don’t have a pot to piss in, who cares?

I guess if you had some assets and felt like taking the risk of hiding them from a federally insured institution and getting popped for it… what kind of white collar prison resort sentence would you get?

Now that’s rent free living!

Astute Observation by newbie2008
2009-12-21 10:34 PM

I’ve seen SFU go through FHA with 3.5% down.
As for a recouse loans, they are usually the second non-purchase loan in CA.  The first usually does a trustee sale for the FC.  The second is wiped off the title, but can go after the borrower.  You can get blood from a stone, but can get some cash even from someone “without funds.”  3 months later, they get a call demanding the full amount of the second.  Finally after a few weeks, less than 25 cent on the dollar was agreed on on one case and with payment over a few years.  I not think there was any interest.  The second did not play hard-ball, borrow had another house that could be counted as asset and was likely listed on the application.  Most people don’t want to talk about it—both borrowers and the banks.

The second can also not approve a short sale unless the first and borrow reduce their loss—a bird in the hand is worth two in the bush.

Hopeless Apparitions & Mindless Phantasms :  What the taxpayers’ money go bye-bye

Astute Observation by matt138
2009-12-22 11:31 AM

what is SFU?

Astute Observation by zubs
2009-12-22 12:04 PM

single family unit

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