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10 Comments on Is Foreclosure A Fad?
Hello. I was wondering if someone can provide some information or advice on a Home I purchase in Debary, Florida. I live out of State, New York as a matter of fact. The home was purchased 2 years ago with the the notion I would be relocated with my former employer. That DID NOT happen. The home was completed and I closed in August 2007. I have been making the payments until last month. I can't afford to pay the mortgage in Florida and my Home in New York. I have had the home up for sale for the past 8 months, Real Estate Agent, MLS, etc. and have reduced the price significantly (Short Sale). Not even a phone call.
I will be Foreclosing on the home. Can anyone tell me what I will be up against in regards to Deficiency Judgements, coming after me in New York, Assets, etc. The bank is Sun Trust and they do not have any facilities in the Northeast. I appreciate any advice anyone can provide. Thank you!
Yeah Tony. I was definitely being facetious, but some of the experts on MSN and other websites seem to think anything can be done in a couple of easy steps. If only it were true!
Good point Charlie. We need our imaginary equity back! I've heard talk of lenders being able to tap funds and lower what is owed by a borrower. That would be a nice solution.
I think we'll see more and more of that behavior Kimberly. I think it's human nature to justify what we do or think. If I know I'm going to foreclose, then why not beat the system that beat me down and get my house before my credit is trashed. Very interesting behavior.
So true Jim. Our culture is very fickle in the things it embraces. I think of how "in" smoking cigarettes was at one point, and now those folks are basically social lepers in some places. Same with carbs. They are like the dietary kiss of death now; I thought they were one of the basic food groups?
Hi Michael. In the state of Florida, if you foreclose on a property, the lender has the right to file a deficiency judgement. I'm not sure how often SunTrust does this, but as lenders start to bleed more money, I think it will be fairly commonplace for them to file. The folks to talk with would be foreclosure attorneys to get the specifics as there is a lot of misinformation floating around out there.
Fair enough Joe. I wholeheartedly agree with you. There are a lot of good people that are getting caught in this real estate meltdown we are in. When have we had to deal with such drastic depreciation in just about every region of the country? The tide has gone out and all of our boats are stuck. I don't think I was saying that people think it's right or even an option they'd like to pursue. But like you said, the stigma has been lifted, and I think that's my concern. When we start revising the rules to fit our needs, that is a worrisome trend. Thanks for your thoughts.
Not a fad, but a serious mis-judgment. Not many expected a swing of this magnitude in such a short period of time. foreclosure is not even a choice for most, it's what they are forced to do. Fad is not even close.
Deficiency judgement - Most lenders are going to sock their borrower's for a foreclosure, late payment AND a deficiency judgment. This will effectively take the borrower out of the mortgage market for around four years easy. The judgment will need to be paid before another mortgage will be approved by most lenders. The judgment will also remain on the credit report for 10 years too.
A better idea would be to sign a "Deed in lieu of Foreclosure." It's like taking a car you can't afford back to the lot, in great condition. The bank will do this because they will not be forced to foreclose and waste time and money doing this. They also could expect to get the collateral back in better condition and much sooner. For the borrower, no foreclosure would be on the credit report and if the bank forgives the deficiency (and they've been known to), there is no judgement. They will however send a 1099 in the amount of the deficiency, which probably won't affect the borrower too much and the lender can right it off.
Communication is the key! There is common ground and neither party wants a war in these situations.
Thanks for the insight Randall. I like your perspective and appreciate you sharing the truth about foreclosure. I agree that communication is so important and if customers can work with their lender instead of running away from them, they may be able to create some solutions like the Deed in Lieu that you mentioned.
We avoid the dentist because we don't want to know about our issues and don't want to deal with the pain and expense. But we all know what happens if teeth are left unchecked. Bad stuff. And the same is true with real estate. The more we deal with the truth, the better off we'll be.