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What's a Homeowner To Do?

By
Real Estate Agent with Real Estate Dame AZDRE SA534869000

I recently went on a listing presentation where I knew the seller had negative equity.  When I arrived, I got the customary tour and received a detailed list of property upgrades.  I asked the seller the typical questions: how many loans to you have; what are the balances; monthly payments etc. I could tell he was hoping that I would tell him that I am a miracle worker and can sell the home at a break-even point.

 

It turns out that he owes approximately $79,000 more than the property is worth.  He has some relocation benefits but not nearly enough to make up this delta.  We discussed the short sale option.  He doesn't want to destroy his credit.  He mentioned "letting it go."  I cringed as I don't want to be party to anything resembling a strategic default. For him, a foreclosure and the credit damage that would follow, could jeopardize his security clearance with the US Government.  Without the security clearance, he can't do his job.  We also discussed Loan Modification.  He tried that......DENIED!  He makes too much money!  His relocation package offers a "buy out" option.  They will buy the property from him at market value.  That won't work either unless he can make up the difference.

 

OK, so here we have a responsible person with a job transfer, great credit, bright future and a house he can't sell.  Well, the house would sell but not without destroying his job.  So what's left? Carefully, yet swiftly, I told him that becoming a landlord might be his best option.  Rents are around $1100 per month. The monthly expense with mortgages and HOA is just shy of $1500 per month.  He would have to feed his mortgage $400 a month to keep his credit in tact.  $400 is a lot of money and could be the answer for him.

 

His relocation benefits are good for four years.  There is know way of knowing what four years will bring.  Will the market turn around?  Will the prediction hyper inflation take hold and drive interest rates through the roof?  He maybe faced with the same issues then that he is now.  

I referred him to a tax attorney so he can get education on the amazing tax benefits of being a landlord and possible tax liabilities if he ends up doing a short sale.  

This gentleman has a lot to think about before making a decision.  It won't be an easy one.

Jan Mullins
First Credit Union - Chandler, AZ

Stacie,

Great first post!  And a subject near and dear to my heart.  I hear this story (minus the government security clearance) at least 5 time per week.  What is a homeowner to do?  Follow your advice - becoming a landlord is his only way out at this point.  Hopefully that new position will compensate him enough to make up the deficit in the house payment.

 

Welcome to Active Rain!  I hope I get the opportunity to meet you at RainCamp in August!

 

Jan

Jul 30, 2010 11:59 AM
Joy Carter & Jeff Booker Brother and Sister Team
Keller Williams Parkland/Coral Springs Realty-GreatFloridaHomes Team - Coral Springs, FL
Trust Your Family's Move To Our Expertise!

I had one today that wanted to let their property go, but wanted to buy something else first.

I said, Gee I am real sorry, but that is called fraud and I will not be a party to that.  If you have money to buy a place, then you have money to settle up with your bank.

I suggested a short sale, but I think they were looking for an agent that was up for the fraud.  

As Mike Ferry, always said, N E X T!!!!   I like my reputation and my license way too much.   Joy

Jul 30, 2010 01:48 PM
Julie Cendejas
Keller Williams Realty - Boise, ID
Associate Broker

Great blog - I had the SAME situation this past week and was going to blog on it too - but yours is so great I might just reblog it! I suggested renting also - however I recently also heard that if you are going to rent your home - you have to be able to show 6 months of rental income on your taxes before being able to buy a new one as an owner occupied.

Jul 30, 2010 02:14 PM
Christine Donovan
Donovan Blatt Realty - Costa Mesa, CA
Broker/Attorney 714-319-9751 DRE01267479 - Costa M

I think it's great that you presented him with different options so that he can make an informed decision.

Jul 30, 2010 05:27 PM
Marte Cliff
Marte Cliff Copywriting - Priest River, ID
Your real estate writer

That poor man. And he's only one of many who is sitting stuck between a rock and a hard place.

Jul 30, 2010 06:05 PM
Ty Lacroix
Envelope Real Estate Brokerage Inc - London, ON

Stacie: Sound advice and having a shortfall of $400 per month is better than the consequences he would face if he did default.

Ty

Jul 31, 2010 02:48 AM
Greg Shepherd
eXp Realty - Allen, TX
Greg Shepherd

I have 2 programs for this home owner.

1) mortgage principal reduction. We buy the note from the existing lender and create a new note based on fair market value. They can stay in the house, lease it out or sell it immediately.

2) the second option is similar except that when succesful the new payment is also based on fair market value, but it will be a LTV of 60%, maybe 50%. Again the house can also be sold.

Whichever option is selected the home owner avoids the negative impact of a short sale. That is why I call my web sites loanmodkiller.com and shortsalekiller.com

i will have a simple decision maker on my web site in the next few days which you suggest th ebest option for the home owner. If you need faster assistance you can call me direct 214 810 2232

Jul 31, 2010 05:33 AM
Tom Waite
Thomas Waite Real Estate Broker - Cypress, CA
So Cal-Apartment Bldg Investments

Dear Stacie: 

RENTAL: If you advise him to rent the property, make sure the fellow has adequate "reserve funds" because if the property goes vacant or there is an eviction from H%&L...the owner has to be able to pay the rent AND clean up and re-rent the property (minimum should be 6 mos reserves + $5,000 for clean up). 

If he makes a mistake on his reserves and gets into trouble...who will he be blaming???

His Realtor, of course.

Jul 31, 2010 06:20 AM
Robby Leviton
Metro Real Estate LLC - Kirkland, WA
Knowles Team

Great post, very good advice. I am seeing this situation alot and just had a similar conversation with a client yesterday. Welcome to the blogging party.

Jul 31, 2010 06:23 AM
Nicole Donaghy
Re/Max Purpose Driven - Lexington, SC
Helping Families Home in Lexington and Columbia

You laid out the options very well for your prospective client.  I couldn't agree more.

Jul 31, 2010 03:22 PM
Darell Ashley
Century 21 today - Detroit, MI

What about a deed in lieu? Sign the home over to the bank with contingencies on how to report it to the credit agency.

Jul 31, 2010 03:43 PM
Phil Hopkins
Desert 2 Mountain Realty - Payson, AZ
Rim Country Arizona Realtor

I'm dealing with an almost identical scenario, except Minister, rather than government employee. As you may be aware, there is no option to say "no, I can't relocate to serve my next calling" (Ministers take an oathe to answer the call to serve at any time, with or without notice).

At least your man's employer might leave a little room for negotiation, in my case, it's not an employer/employee relationship, it is God/servant.

Best of luck to the homeowner and yourself.

Aug 01, 2010 03:03 AM
Carly Gonzalez
Carstin Realty LLC - Austin, TX
Carstin Realty

I see this way too often now.  It really is quite sad for the homeowner and frustrating for the Realtor when not much can be doen to help.  Many people can't afford to sell their house and are resorting to renting it out (often for less than their monthly financial obligation on the house). 

Aug 01, 2010 04:35 AM
Timothy George
Arizona Mortgage Rates - FHA Mortgage Loans in Arizona - Glendale, AZ
Arizona Mortgage (602) 492-6847

Hi Stacie,

I agree with #60.  As long as there are no mortgage lates and the credit is over 620, I would sell short and buy a new home using FHA financing.  I have a loan with this almost exact same scenario.  Forced Relocation is a legitiment hardship and FHA will allow the buyer to get an FHA loan, provided that the short sale isn't an FHA loan, and there are no missed payments. 

Aug 01, 2010 02:34 PM
Timothy George
Arizona Mortgage Rates - FHA Mortgage Loans in Arizona - Glendale, AZ
Arizona Mortgage (602) 492-6847

Hi Stacie,

I agree with #60.  As long as there are no mortgage lates and the credit is over 620, I would sell short and buy a new home using FHA financing.  I have a loan with this almost exact same scenario.  Forced Relocation is a legitiment hardship and FHA will allow the buyer to get an FHA loan, provided that the short sale isn't an FHA loan, and there are no missed payments. 

Aug 01, 2010 02:34 PM
Shelly Fisher
Lake Burton Club Realty-Clayton Ga - Clayton, GA
Property Specialist - Lake Burton Club, Rabun County

I have a friend in the same boat.  They have decieded to struggle w/two mortgagaes and hope that the market will improve. 

Aug 03, 2010 07:25 AM
Shelly Fisher
Lake Burton Club Realty-Clayton Ga - Clayton, GA
Property Specialist - Lake Burton Club, Rabun County

I have a friend in the same boat.  They have decieded to struggle w/two mortgagaes and hope that the market will improve. 

Aug 03, 2010 07:25 AM
DEBORAH STONE
Balboa Real Estate San Diego, CA - San Diego, CA

Stacie-

$400/month X 12 =$4800 and multiply that by 4 years (if he's lucky the market will rebound)=$20K. Being a Landlord and renting it out  sounds like a bad idea, and that $20K negative cash flow is not even counting repairs (what if the roof goes or another major repair?

Short Sale is the only sensible way to handle this. It's a tough pill to swallow, but hundreds of thousands of homeowners are beong forced to do this.

My statement is: SHAME on the banks to accept a BPO on a property of 30%-50% less than what current owner has paid--- in order to short sell it--- BUT will not adjust the principle for the owner of records.

Aug 04, 2010 10:15 AM
Michael Schneider
Queen Creek, AZ

Is there any way he would sell it for a large lump sum of cash?

Aug 04, 2010 09:27 PM
Wayne B. Pruner
Oregon First - Tigard, OR
Tigard Oregon Homes for Sale, Realtor, GRI

Thanks for the post and the great comments. This is good stuff.

Sep 21, 2010 05:09 PM