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What Chamillionaire should have considered before walking away from his Houston mansion

By
Real Estate Broker/Owner with Jonathan and Associates, Inc

Chamillionaire

Rap star Chamillionaire admitted to TMZ in June that he simply walked away from a mansion that he owned outside Houston as the market tanked. 

"So I just decided to make a business decision, to let it go, give it back to the bank. I just didn't feel like it was a good business investment to keep paying that much mortgage for a house that I'm never at."

If Chamillionaire did that in North Carolina and had consulted an attorney, he would have been advised that strategically defaulting on the mortgage is a poor decision.  While the thought is that the foreclosure will eliminate all debts tied to the home, lenders in North Carolina have up to 10 years to sue the former owner over the balance owed and what the home eventually sold for.  That's called a Deficiency Judgment.

So in his case where he purchased a home in Houston for $2 million and let's say the home sold as an REO for $1 million and the mortgage balance at time of the foreclosure was a full $2 million (thanks to an interest only loan), he could potentially get sued for a million dollars at any point in the next ten years. 

At that point, he will probably declare bankruptcy and hope that laws had not changed at that point to exclude deficiencies from foreclosure. 

The moral of the story: Don't be like Chamillionaire:

Bill Gillhespy
16 Sunview Blvd - Fort Myers Beach, FL
Fort Myers Beach Realtor, Fort Myers Beach Agent - Homes & Condos

Hi Jonathon,  Lots of discussion on this subject and in many cases it depends on whether or not you have a dog in the fight !

Aug 14, 2010 06:38 AM
Justin McEntee
Trident Realty Group - Solana Beach, CA

The reality of the situation is that wealthy individuals who can pay their mortgage are walking away.  I feel bad for the home owner who is losing their job and has no available funds to pay delinquent payments.  The world in general has taught us that more, more, more is the absolute Golden Egg.  Well now people who kept aquiring are not being held responsible to pay for the debts in some cases.  Honestly, for all the money that the goverment spends you would think they would have a concrete plan on how to help forelcosing, and short sale home owners.  

Aug 31, 2010 09:19 AM