I had heard rumors of people in this market buying a second home and then letting their first home go into foreclosure, but until today I didn't know that it actually has a name associated with it: buy-and-bail.

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The practice is obvious loan fraud, and mortgage lenders appear to be cracking down on it.

What happens is that the owners tell their lender that they plan on keeping their first home and rent it out, thereby providing rental income that gets included as part of their income to qualify for the second home. Once they close escrow, they simply quit paying their first mortgage and let it go into foreclosure.

The reason why some owners are choosing this route is because they can buy the same size home, possibly even a bigger one, at a lower price than what they owe on their first home. I don't understand why they wouldn't just re-finance their first mortgage rather than have a foreclosure on their record. Maybe someone he can shed some light. Anyway....

It seems that lenders are adding some restrictions to practically eliminate the buy-and-bail practice. Unfortunately, that makes it difficult for honest owners to actually move up to a larger house, with prices being so low, while keeping their first home, and renting it out, until market conditions improve sometime in the future. Notwithstanding what The Osmonds sang, sometimes "one bad apple" does ruin the whole bunch for everyone else.

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5 Comments on Buy-and-bail loan fraud

OCT
11
2008

Jim,

This is happening in Sacramento where I live,  the people who are doing the buy-and-bail are people who are upside down on there mortgage and can not refinance.

11:21am • #1
352,365 Points Outside Blog

This seems to be happening here in Arizona, where people are either buying if they can, or renting if they can't buy, and then letting the other home go. It's a sad state of affairs.

11:27am • #2
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It's been happening here too.  People are so blunt about it also.  I swear some of the underwriting guidelines are so tight that you might as well buy the home for cash after all the liquid deposit checks and down payment!

There is nothing wrong with these underwriting guideline changes at all!  They are designed to protect the lender.

11:54am • #3

Lenders will not lend unless you have substantial equity in your first home, I believe something like 33+%. Lenders will not lend if you are upside down on your first home.

12:07pm • #4
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Hi Jim,  Abacus is right, you now have to have at least 33% equity in your primary home, to be able to claim any rental income for your DTI on loan for the new house.  That has been in place for over a month now to try and stall the buy and bail crowd.  It should eliminate this, but of course the scam artists (crooks) may try another tactic.

List and Sell (or sell then buy)   Gary @ RentonHomeFinder

9:09pm • #5

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Jim Frimmer, San Diego Mission Valley Realtor

San Diego, CA

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