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Beware the Allure of Living Without a Housing Payment

By
Real Estate Agent with Long and Foster Real Estate VA License # 0225089470

As a Northern Virginia Short Sale Listing Agent, I meet plenty of families who have fallen on hard times and find themselves unable to pay their mortgage and upside down in their homes.   Most of the families I meet are struggling to do the right thing by their families and their mortgage companies.  They fear what happens after a short sale or foreclosure.  They want to prepare for their next move and not have a rug pulled from underneath them.

Then there are families I meet where a legitimate hardship turns into living housing payment free for as long as possible, and stockpiling cash.  Allow me to give you an example.

I met a client nearly two years ago who was behind on his mortgage payments and facing foreclosure.  Having been turned down for loan modifcation, he turned to short sale.  And sure enough, we were able to stop the sale of his property, but not get final approval on the short sale. Why?  The second trust would not approve it...and with good reason.

Turns out this short sale seller had taken a $70,000 home equity line and still had about half of it his bank account.  The lender wanted at least a portion of the money back.  No dice.  This seller hid the money under someone else's name and refused to cooperate.

A year later, after being accepted for loan modification, but refusing to participate because the bank refused to lower his principal balance, this seller contacted me again to help him pursue a short sale.  We had a heart to heart.  I told him that the second trust was likely to ask for some of that equity line back again, and he said he was committed to making it work and would pay them what they wanted.

Wrong!  When the rubber met the road, he refused.  For someone who had lived rent free for eighteen months, he was right back into the mentality of, "Mine!  Mine!"

Two years since the first missed mortgage payment, the former short sale seller declared bankruptcy and his home went to foreclosure.  He had been stockpiling money for two years while he waited for the end of the ride.  Meanwhile, he had a wife and two minor aged daughters.  With an eviction date from his home looming, this gentleman seems clueless as to what is about to happen to his family.  He called for help to find a rental.  When advised he would have to put up a minimum of two months rent in security deposit to overcome the lack of monthly housing payment and a lack of credit history with the recent bankruptcy, he was defiant.  He wanted to negotiate.  Negotiate down rental prices, security deposits and other fees.

Needless to say, this man was in no position to negotiate.  As a result, he was viewed as a poor credit risk.

Now, as the clock winds closer to eviction day, and he has no home to go to, he is finally coming around.  Sadly, it may be too late to keep his young duaghters in their school district.  With only days left and few rentals to choose from, his daughters will be uprooted to another school system.   Had he taken my advice and found a rental in his daughter's school district as it came available.  At the time, his answer to that suggestion was, "Why would I do that when I can live here till the bank kicks me out?" 

In retrospect the answers are easy to give: 

Stability for his family

Less time spent not making a monthly payment, thus being seen as less of a credit risk

And most importantly--CONTROL OF THE PROCESS.

Living housing payment free has it's allure, but beware the consequences.

Comments(23)

Chris Ann Cleland
Long and Foster Real Estate - Gainesville, VA
Associate Broker, Bristow, VA

Tom:  It's annoying when people create hardships for themselve beyond the original hardship. 

Nick:  Poor decision-making inevitably follows.

Michelle:  I suspect the Sheriff will be by on eviction day to physically remove them from the home.  As a single person, fine, take that route.  But someone with a family?  Give me a break.  Why put the kids through it to save a few bucks.  The emotional trauma to the children isn't worth it.

Apr 06, 2010 11:11 AM
Elizabeth Weintraub Sacramento Broker
Elizabeth Anne Weintraub, Broker - Sacramento, CA
Put 40 years of experience to work for you

Sounds like he could have been committing mortgage fraud by hiding his bank accounts from the lender. Personally, I would not work with a seller like that. The liability is far too great.

Apr 06, 2010 11:18 AM
Cindy Jones
Integrity Real Estate Group - Woodbridge, VA
Pentagon, Fort Belvoir & Quantico Real Estate News

Fortunately to date I've only encountered one of my short sale clients who after pocketing mortgage payments for an extended period of time turned around and bought a fancy new SUV.  It made me stomach churn.

Apr 06, 2010 11:25 AM
Russell Lewis
Realty Austin, Austin Texas Real Estate - Austin, TX
Broker,CLHMS,GRI

Chris Ann, I met a man who was telling me about all the things he and  his wife are buying before they decalre bankruptcy and in the meantime is purchasing a home in another state before defaulting on his home loan...It's just a mess when good people struggle and creeps like this guy "game" the system!

Apr 06, 2010 11:36 AM
Jackie Connelly-Fornuff
Douglas Elliman Real Estate in Babylon NY - Babylon, NY
"Moving at The Speed of YOU!"

Hi Chris Ann, that is horrible. Trying to beat the system does not pay off.

Apr 06, 2010 11:45 AM
Gary Woltal
Keller Williams Realty - Flower Mound, TX
Assoc. Broker Realtor SFR Dallas Ft. Worth

What a very odd strategy, if I must say so, WARPED. What happened to responsibility??

Apr 06, 2010 12:51 PM
Linda Powers
Resort Realty - Duck - Duck, NC
On the Outer Banks

Chris Ann,

thanks for sharing this story. While it is easy to feel like people get away with cheating the system, they risk every important thing in their life.

It's been difficult for so many people - including real estate agents - but those of us who work through it, as tough as it is, know true values and worth. It isn't pride, it's living by the rules that make us caring, rational human beings.

Apr 06, 2010 02:13 PM
Sheldon Neal
Bergen County, NJ - RE/MAX Real Estate Limited - Maywood, NJ
That British Agent Bergen County NJ

So many dont realize the deeper hole they are digging with their choices.

Very sad, but we all better prepare for more to be in positions like this over these next 12 months.

 

Apr 06, 2010 02:59 PM
Cara Pearlman
Frankly Real Estate, Inc - Bethesda, MD
Realtor - ABR, SFR

I agree with Elizabeth - by hiding funds isn't he committing fraud? It seems like I am seeing more and more individuals that stop making payments on their homes because they don't want to be in their home any more and their mortgage payment exceeds the proposed list price. 

I realize that I am describing a minority of short sale sellers, but it is frustrating hearing about and meeting the property owners that see a short sale as an opportunity to live rent free and get out of a house they no longer want to be in. Great post with fantastic points. Thanks Chris Ann. 

Apr 06, 2010 11:28 PM
Carra Riley & Declan Kenyon
Brokers Guild Cherry Creek Ltd - Westminster, CO
Helping people Transition at all ages!

Chris Ann....It always makes me wonder what people really think when they quit making mortgage payments and refuse to move forward with their lives.  The hardship situations are very sad, but the ones who are just trying to take advantage of the system get me angry because they create a more difficult environment for everyone who truly needs help.

cosmic cow

Apr 07, 2010 02:43 AM
Chris Ann Cleland
Long and Foster Real Estate - Gainesville, VA
Associate Broker, Bristow, VA

Elizabeth:  It was something I discovered, more than I was informed.  He never did cope to it.  And I will never work with another client like this.

Cindy:  Not everyone has the same moral fiber.  Or self control. It's something I really struggle with in this line of work.

Russell:  I've met those folks.  The ones that wear their numerous bankruptcies like a badge of honor and look at me like I'm a fool for staying in a home that is worth more than I paid.  Drives me crazy.

Apr 07, 2010 06:51 AM
Chris Ann Cleland
Long and Foster Real Estate - Gainesville, VA
Associate Broker, Bristow, VA

Jackie:  I imagine that the Sheriff coming to remove his entire family from the home they've lived in payment free for two years will be the "instant Karma" he's not expecting.

Gary:  Repsonsibility is long gone.  It's all about what you can get away with and for how long.

Linda:  When the rules of society break down, as they have already seriously eroded, it will be even harder to navigate every day life. 

Apr 07, 2010 06:53 AM
Chris Ann Cleland
Long and Foster Real Estate - Gainesville, VA
Associate Broker, Bristow, VA

Sheldon:  I hope you don't mean facing eviction for foreclosure, just dealing with these clients. 

Cara:  Yes.  It has to be fraud.  However, he had consulted an attorney.  And having recently consulted no fewer than five attorneys on a suspected short sale fraud, I was given two distinct opinions on the legality of the situation.  There is always a legal opinion to back up someone in the wrong.  That is also sad.

Carra:  I couldn't agree more.  And it makes me furious.

Apr 07, 2010 06:58 AM
Ron Trzcinski, 410-935-5844
410-935-5844 Office - Cockeysville, MD

Chris Ann,

It seems that some people have forgotten about the benefits of buying a home.

A portion of their payment will go towards paying it off.

A portion of their payment can be used as an itemizable tax deduction.

Ultimately the value will go up.

If someone had $100,000 in the stock market and it went down in value in about 6 months to $50,000, did they suddenly sell everything or did they ride it out until the market came back.

The stock market has been recovering and so will, and is, the housing market.

Sure, there are people who were hit by the sluugish economy and were caught unable to afford their payments, but those who use short sales and such, when they can afford more than they are paying, are using an ill-advised financial strategy.

Thanks for posting.

Apr 07, 2010 11:17 AM
Chris Ann Cleland
Long and Foster Real Estate - Gainesville, VA
Associate Broker, Bristow, VA

Ron:  When people can't afford the payment, it's difficult.  And I can assure you, this family couldn't afford the payment.  Doesn't make them anymore likeable for what they are putting their young children through with the upcoming eviction.  It's not a surprise that this was coming.

Apr 08, 2010 10:29 AM
Myrl Jeffcoat
Sacramento, CA
Greater Sacramento Realtor - Retired

Chris Ann - I think one of the things that has bothered me so these past few years, is the difference between experiencing hard times, and the practice of fraudulent practices!  I fear we are experiencing societal breakdown, that will take us a longtime to recover from - if ever!

Apr 08, 2010 12:38 PM
Martha Brown
Long & Foster Real Estate, Inc., Annapolis MD 21403 - Annapolis, MD
Your Homes Around Annapolis Agent

Chris Ann- How sad for his family. Not only are the kids going through this but what lessons are they learning to carry them through their life? Not very good ones thats for sure.

Apr 08, 2010 02:54 PM
Chris Ann Cleland
Long and Foster Real Estate - Gainesville, VA
Associate Broker, Bristow, VA

Myrl:  I think you and I could probably talk about that for hours. 

Martha:  I keep thinking the same thing.  It's hard to watch.

Apr 09, 2010 01:47 AM
Charlottesville Solutions
Charlottesville Solutions - Charlottesville, VA

WOW, this is a tough story, sometime it takes a while to learn a lesson

your friend in Charlottesville Virginia!

Apr 10, 2010 06:28 AM
Chris Ann Cleland
Long and Foster Real Estate - Gainesville, VA
Associate Broker, Bristow, VA

Charles:  I get to meet folks in all kinds of situations and some days it makes me not even want to get out of bed.

Apr 10, 2010 06:42 AM