It's that time of the month again, and we pull out the checkbook to cut that monthly mortgage payment and flush some more of our hard earned cash down that bottomless void known as the "Upside-Down Mortgage." What can you do to help the situation? What are the viable options? Everyday we're inundated with TV commercials from banks, savings & loans, and attorneys and mortgage companies. Who's going to really help? Who's going to break my wallet? This is the exact situation I'm facing RIGHT NOW.
I feel like I'm on a big hamster exercise wheel, running to try to keep up, but not going anywhere. The way I figure it, it will take me a decade of juggling payments just to break even with my original home value when I took out the loan! I need help, and I need it now. So whether they negotiate a deal with me, or I have to walk away from the loans, I need to know all of the options and the possible ramifications of my actions. Sometimes I think they'd be more willing to deal, if I just go ahead and miss a payment!
My personal "end of the rope" was when my rental homes had each reached over $100,000 in depreciated loss. I figured that even if I kept making the payments, and the market rebounded, I'd be a slave for many years. In other words, if the market suddenly started appreciating again at the same rate or faster than "the good old days", let's say 15% a year, it would still take me 6.6 years to just regain the loss. No appreciation, no recovery of expenses, insurance, tenant hassles, taxes, etc. Just pumping most of my paycheck down a black hole. At one point, it just doesn't make sense anymore. The actual situation is probably worse because in this economy, the days of 15% appreciation are long gone! So what do I do?
This is the question I was facing when I first decided I was in trouble. Maybe your in the same position. I owe more on the house than it is NOW worth. The quintessential upside down loan. So I looked at everything from lawyers to banks to real estate agents. Here are the options I found out there. Some of them might be right for you . . . . .
1. Keep juggling the payments and keep the faith! This option is really subject to your income and monthly expenses. The question for me was if I was willing to hack it for 10 years. Who knows though . . . . it may take longer depending on when the market actually begins to recover. In reality, it will probably take MUCH longer. You know what they say, "You can't time the market!"
2. Try to renegotiate your loan with the bank: I've done this successfully. It's a good step if your home hasn't depreciated over $100,000. You just call up the bank, and as for the "loss mitigation department." You tell them your having a hard time, and they will send you a hardship package to fill out. You fill it out, looking as financially desperate as possible, and they will come back to you with a modified loan.
3. Short Sale: You could call this a pre-foreclosure sale. Your late on a few payments, and the bank takes a serious look at you and threatens foreclosure. You find a realtor to represent you and present the hardship package. The realtor prices the home at a substantial discount and finds a buyer. He presents the offer to the bank, and the bank usually accepts the deal, which is a preferred position for everyone. The bank is always interested in short sale instead of foreclosure as it saves them 10s of thousands of dollars in hassle and legal fees, and allow both parties to move on to new business. You should remember that there are still negative ramifications for short sales, even if less damaging than those associated with foreclosures and/or bankruptcy. However, short sales do carry less negative credit effects than foreclosures. Short sale sellers are widely seen as less risky than foreclosed sellers. Case in point, Fannie Mae recently adjusted their guidelines to dictate only a two year waiting period for a short sale seller to buy another primary residence, while they extended the waiting period for foreclosures to five years.
4. Deed in Lieu of Foreclosure: This is the second to the last option, and the bank hates this one. It's where you simply say, "Here's the deed to my house, and I'm walking away." The bank then has to sell the house to recover its losses. The lender forgives the borrower's note as "paid" and provides the the borrower with 2 documents: One which states that the debt is fully canceled, and one that waives of the right to a deficiency judgment (the lender's right to ask for the unpaid debt amount if it is not recovered totally by the property-sale)
5. Foreclosure: This is the final option and if you like to go to court, then this is the option for you. In foreclosure, the lender first sends you a summons to appear or foreclosure complaint. The borrower responds to prevent foreclosure and explains the problems at a hearing. The borrower can this point you can still pay the full amount and get the house back during this redemption period. After the redemption period is over, the lender sells the property a public sale or auction and getting as much as they can (or settle for). Any excess goes to you, the original owner/borrower. If the sale amount is less than the loan amount, and in your case it probably will be, you will still owe the balance to the lender. This amount is determined as a result of deficiency proceedings.So as you can see, as we go down the line, the options get worse and worse! As far as my situation, I have to walk away from at least 3 houses. I'm losing a hell of a lot of money, but I'm getting my life back.
I feel like I'm on a big hamster exercise wheel, running to try to keep up, but not going anywhere. The way I figure it, it will take me a decade of juggling payments just to break even with my original home value when I took out the loan! I need help, and I need it now. So whether they negotiate a deal with me, or I have to walk away from the loans, I need to know all of the options and the possible ramifications of my actions. Sometimes I think they'd be more willing to deal, if I just go ahead and miss a payment!
My personal "end of the rope" was when my rental homes had each reached over $100,000 in depreciated loss. I figured that even if I kept making the payments, and the market rebounded, I'd be a slave for many years. In other words, if the market suddenly started appreciating again at the same rate or faster than "the good old days", let's say 15% a year, it would still take me 6.6 years to just regain the loss. No appreciation, no recovery of expenses, insurance, tenant hassles, taxes, etc. Just pumping most of my paycheck down a black hole. At one point, it just doesn't make sense anymore. The actual situation is probably worse because in this economy, the days of 15% appreciation are long gone! So what do I do?
This is the question I was facing when I first decided I was in trouble. Maybe your in the same position. I owe more on the house than it is NOW worth. The quintessential upside down loan. So I looked at everything from lawyers to banks to real estate agents. Here are the options I found out there. Some of them might be right for you . . . . .
1. Keep juggling the payments and keep the faith! This option is really subject to your income and monthly expenses. The question for me was if I was willing to hack it for 10 years. Who knows though . . . . it may take longer depending on when the market actually begins to recover. In reality, it will probably take MUCH longer. You know what they say, "You can't time the market!"
2. Try to renegotiate your loan with the bank: I've done this successfully. It's a good step if your home hasn't depreciated over $100,000. You just call up the bank, and as for the "loss mitigation department." You tell them your having a hard time, and they will send you a hardship package to fill out. You fill it out, looking as financially desperate as possible, and they will come back to you with a modified loan.
3. Short Sale: You could call this a pre-foreclosure sale. Your late on a few payments, and the bank takes a serious look at you and threatens foreclosure. You find a realtor to represent you and present the hardship package. The realtor prices the home at a substantial discount and finds a buyer. He presents the offer to the bank, and the bank usually accepts the deal, which is a preferred position for everyone. The bank is always interested in short sale instead of foreclosure as it saves them 10s of thousands of dollars in hassle and legal fees, and allow both parties to move on to new business. You should remember that there are still negative ramifications for short sales, even if less damaging than those associated with foreclosures and/or bankruptcy. However, short sales do carry less negative credit effects than foreclosures. Short sale sellers are widely seen as less risky than foreclosed sellers. Case in point, Fannie Mae recently adjusted their guidelines to dictate only a two year waiting period for a short sale seller to buy another primary residence, while they extended the waiting period for foreclosures to five years.
4. Deed in Lieu of Foreclosure: This is the second to the last option, and the bank hates this one. It's where you simply say, "Here's the deed to my house, and I'm walking away." The bank then has to sell the house to recover its losses. The lender forgives the borrower's note as "paid" and provides the the borrower with 2 documents: One which states that the debt is fully canceled, and one that waives of the right to a deficiency judgment (the lender's right to ask for the unpaid debt amount if it is not recovered totally by the property-sale)
5. Foreclosure: This is the final option and if you like to go to court, then this is the option for you. In foreclosure, the lender first sends you a summons to appear or foreclosure complaint. The borrower responds to prevent foreclosure and explains the problems at a hearing. The borrower can this point you can still pay the full amount and get the house back during this redemption period. After the redemption period is over, the lender sells the property a public sale or auction and getting as much as they can (or settle for). Any excess goes to you, the original owner/borrower. If the sale amount is less than the loan amount, and in your case it probably will be, you will still owe the balance to the lender. This amount is determined as a result of deficiency proceedings.So as you can see, as we go down the line, the options get worse and worse! As far as my situation, I have to walk away from at least 3 houses. I'm losing a hell of a lot of money, but I'm getting my life back.
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