Special offer

Foreclosure...cash for keys!

By
Managing Real Estate Broker with Flexit Realty "Flexible Home Selling Solutions"

Foreclosure terms, "Cash for Keys" 

You may not have heard of this term.  Cash for keys....is a term that describes what happens when a lender forecloses on a property and then sends out a representative to get you out of the property.

This happens before the redemption period has run the time you are allowed under the law to redeem and occupy the property.  This usually happens after the foreclosure or Sheriff's sale has taken place in Michigan.

"Caution" Other states do not have the same foreclosure laws as Michigan so check your laws because Michigan laws will not apply.  Some states such as Colorado the redemption period has passed before the actual foreclosure proceedings take place or Sheriff's sale.

Once the bank or lender has legally foreclosed on your property you no longer own it!  You do however under Michigan law have a time frame to get it back.  For residential under 3 acres that is 6 months.  The costs vary depending on how many payments you missed, also include the interest you accumulated along with legal fees and court costs.  But you can get your home or property back and have six months to do so.

Here is one of those little known facts.  After you have been foreclosed on you can occupy and live in the home for 6 months rent and payment free!  You read that right.  You do not own the property, you do not have to make house payments and you do not have to pay rent to stay.  You will have to pay your utilities if you want lights, water, heat and air conditioning.

So....here is what happens.  The lender immediately sends out a representative and offers you cash....an amount equal to the first and last month rent for you to leave and give the lender or note holder the keys.  This is where the term "Cash for Keys" comes from.  If you leave the property and give up the keys the lender or note holder can immediately market the property and you forfeited your redemption period with a signature and a little cash. 

This works well for some people and hurts others because they could have sold the property during the redemption period and pocketed the profit after the lender was paid off.  Now if the sell price profit is lower than the "Cash for Keys" price the foreclosed party would have been ahead to take the cash and leave.

You have to evaluate your situation with an experienced real estate professional before making a decision.  You also have to act fast so you have some time to sell if that is your course of action to save your credit from being hit with a foreclosure bad debt on your credit score.

I hope this has given you a little more insight into the foreclosure process with another term you will hear from time to time.  If you have questions call your career real estate professional for answers.

Marlene Bridges
Village Real Estate Services, Inc. - Laguna Hills, CA
Laguna Homes|Laguna Condos|Laguna Real Estate
Gary - Thanks for your post.  I appreciate that you've examined both sides of this equation and mentioned it may not always be the best choice for the home owners who are in jeopardy.  That's when they need a good agent like yourself to step in and give them some sound advice.
Sep 21, 2007 03:39 AM
Gary L. Waters Broker Associate, Bucci Realty
Bucci Realty, Inc. - Melbourne, FL
Eighteen Years Experience in Brevard County
Very interesting post. I have never heard the comment but I must admit I have very little foreclosure experience. Cash for keys....I will have to remember that. Interesting about the 6 months post foreclosure occupancy.
Sep 21, 2007 03:40 AM
Gary White~Grand Rapids Home Selling Pro Call: 616-821-9375
Flexit Realty "Flexible Home Selling Solutions" - Grand Rapids, MI
Real Estate Services You can Trust!
Thanks for your comment Marlene.  It certainly is not in every clients best interest to accept "cash for their keys" but it is always in the lender or mortgage holders best interest to get the occupying party out as quickly as possible.  They use all types of little ploys to do it too!  Thanks again for your comment Marlene.
Sep 21, 2007 03:49 AM
Gary White~Grand Rapids Home Selling Pro Call: 616-821-9375
Flexit Realty "Flexible Home Selling Solutions" - Grand Rapids, MI
Real Estate Services You can Trust!

Hi Gary, it is a quite common practice in states that have this type of redemption period system.  Hey I have set the "home warranty" to be active on October 9th for the Melbourne closing and also have a receipt for the title company which I will forward along with a copy to you.  Thanks for the comments Gary.

Sep 21, 2007 03:52 AM
Devon Cerniga
Coldwell Banker Faucette Real Estate - Bentonville, AR

Gary,  I appreciate the knowledge...however I am a bit wary of teaching people to essentially "Squat" in property that they no longer own...and have clearly not been paying for on average of 6-9 months prior to the sale. (Depending on your state).

The mortgage industry is in enough trouble from questionable lending practices.  I feel it would be better to teach people to properly negotiate "deed in lieu" tactics to eliminate the possibility of a deficiency judgement and a foreclosure that will cost them dearly for years to come, or to utilize the skills of a "knowledgeable" real estate agent during the pre-foreclosure timeline.

Thanks for your time,
Devon Cerniga
www.ISellNWA.com

Sep 21, 2007 04:01 AM
Danny Nappi
Zest Realty - Riverview, FL

Wow 6 months after the foreclosure? This seems ridiculous. I agree with Devon who is it really helping that people have this knowledge that they can stay rent free for 6 months? I think the rest of the information you provide is great. Maybe it should be a little known fact for a reason.

Great Post! 

Sep 21, 2007 04:25 AM
Gary White~Grand Rapids Home Selling Pro Call: 616-821-9375
Flexit Realty "Flexible Home Selling Solutions" - Grand Rapids, MI
Real Estate Services You can Trust!

Hi Devon, my goal was definitely not to teach people to "squat" but I have to tell you we have had lender use some pretty strong arm tactics to remove "owners" before the foreclosure sale had even taken place.  It is clearly better for anyone who has a financial crisis to immediately contact the lender and negotiate to save their credit, property and dignity.

Rules are rules and we are obligated to inform, help and defend them.  The element that is going to "squat" already know these rules and do not seek any type of opportunity to reconcile with the lender.  I helped a client recently purchase a foreclosure when all the plumbing had been removed.  This was not a seller who cared about his credit, the laws or the property.  Thanks for your comments Devon.

I believe the "deed in lieu" also is not in everyone's best interest.  Some of these people have been displaced from jobs, it has had nothing to do with the type of financing they secured to purchase the property .  We are a heavy automotive state with a large network of downside supply chains that feed these industries.  With the volatility in the automotive market for domestic manufacturers we have some other cyclical factors that impact residents.  I certainly see your point and work personally very hard at representing the best interest of my clients.  Thanks again for your contribution and great comments.

Sep 21, 2007 04:38 AM
Gary White~Grand Rapids Home Selling Pro Call: 616-821-9375
Flexit Realty "Flexible Home Selling Solutions" - Grand Rapids, MI
Real Estate Services You can Trust!

Hi Dan, the reason we have this redemption period is not to be abused and maybe it will be revised in light of all the lender greed that put people in homes with mortgages they could not possibly have been able to afford up the road.  The reason was for hard working people to be able to maintain their property should they have a problem.  Today we have lenders from many states operating in Michigan with little knowledge of the Michigan laws.  I went into some detail for Devon....we have been able to use this law to sell homes and during the sale process the homes were maintained at a presentable level, any much better than if they were vacant.

We also were in some cases be able to negotiate with the lenders to resolve the delinquency issues and re-establish a former great client lender relationship.  Not all lenders will even talk to clients or accept a late payment after the second payment is missed.  They go right into the foreclosure filing process and communications are ended with the mortgagor.  So not everything is as it seems Dan.  I really appreciate your comments and it creates a larger dialog to gain further understanding.  Thanks again for your comments.

Sep 21, 2007 04:48 AM
Carrie Baty
Sandals Realty of Sarasota - North Port, FL

Hi

I have a client that signed a "cash for Keys" agreement with a PAS realtor, for Wells Fargo and has never received her Cash. the realtor has been very evasive, and getting through to the correct Wells Fargo agent is rediculous.  I am a reo realtor in Florida, and this happened in Wisconsin.  The homeowner was promised $500 for a $380,000 house, that she paid over $3000 a month in payments for.

 Can anyone help, this person lost her home due to illness, and really shouldn't have had to go through this.

 Thank you all in advance for the assistance.

Nov 01, 2007 04:44 PM
George Panoff, Your Buyer of Distressed Properties in MD
DBA GR Enterprise - Baltimore, MD
What a weird law you have in Michigan
Jan 25, 2008 04:22 AM
Anonymous
Laura M
  Gary, great website.  It is finally nice to hear that some people can understand what happened in the mortgage boom 3-4 years ago.  We were involved in a bait and switch which led to a 4 year federal court case we ended up losing to a mortgage lender.  My spouse also worked for the Big Three and took an educational buyout. He faced losing his job eventually because he did not have enough seniority.  Im very tired of judgemental people thinking how 100% of us were unresponsible and took on "too big of a loan" and should have known better.  I couldnt even get Countrywide to speak with me until I was deliquent for at least 2 months....What??  They told me to come back when my interest rate reaches 12-14%.  I am an educated professional with a great job in a major hospital.  I have always paid my bills and resent the fact these lenders act like they want to help, when they clearly do not.  I appreciate the information on your site, keep going as it looks like it will keep getting worse for michigan.  It is not just an individuals problem, it will end up costing all of us in the end..
Apr 02, 2008 04:56 PM
#11
Anonymous
Armand

I'm glad they're thinning the ranks at the the American automakers...they've been making junk for years!

Jun 29, 2008 01:03 PM
#12
Anonymous
Tim

I went through a foreclosure, sheriff's sale, and property redemption in North Dakota.  The mortgage company was Wells Fargo Bank, who purchased a ton of mortgages from Washington Mutual Bank.  I got behind in payments due to a plumbing problem due to the pipes installed in the early '80s.  After two payments where missed I was able to send the arrears amount that Wells Fargo agreed to take via their attorney.   The payment was returned by the attorney.  This went round and round with Wells Fargo, until I basically had ran out of time due to the customer service run around at Wells Fargo Bank.   The property was sold at sheriff's sale, but after learning more about the foreclosure process and law in ND, I was able to redeem my property even after it was sold to someone other than the bank.   I lost $12000 basically because the bid amount was more than what was due to Wells Fargo Bank.  But I own the property now and would have been willing to work with Wells Fargo to make amends, in the end I lost some money, but they lost alot more in interest payments.   I am know in the process of getting all information posted to my credit report by Wells Fargo Bank, removed which should be successful.   NO MATTER WHAT SITUATION GOT YOU THERE, MAKE SURE TO DETAIL AND RECORD ANY AND ALL DOCUMENTS WITH REGARD TO COMMUNICATION WITH YOUR LENDER, AND HIRE AN ATTORNEY WHEN YOU RECEIVE THE FIRST NOTICE OF A LATE PAYMENT, AND LEARN THE LAWS IN YOUR STATE REGARDING HOME OWNER FORECLOSURE RIGHTS.  IF YOU DO NOT DO THIS YOU WILL BE MISLED BY THE LENDER AND THERE ATTORNEY THAT THEY HIRE TO FILE THE FORECLOSURE.  If squatting for six months for free is an option use it.   The lenders will use every tactic possible so use what is available to you, even if you are going to walk away, if you are in that position already, your credit is already damaged, so staying and letting them go through the hoops to get you out is your option to stick it to the bank that would not work with you.

Aug 31, 2008 09:59 AM
#13
Anonymous
Miriam Williams

I moved into a house October 2009 with my husban daughter 2grands ages 3/4 and was told November 2009 they were selling the house, $7000 down the drain.  We got a leter the end of July saying we had to be out by the end of September, wou;d keys for cash help us considering we don't have the money for secutity and month's rent.  I am writing a letter in distress......Miriam Williams

Aug 14, 2009 01:04 PM
#14
Anonymous
Shawn

Question:  what if the home has a tenant in it?  would the lender negotiate cash for keys with the owner or the tenant?

Oct 26, 2009 02:32 AM
#15
Anonymous
Andrea

Cash for keys in Michigan the money goes to the occupant, not the owner.

Mar 07, 2010 10:32 PM
#16
Anonymous
KimL

We are 'Walking Away" from our home. We have attempted to work with Wells Fargo on 3 separate ocasions.

#1) We asked for a fixed rate...that's it!! We have NEVER been late or missed a payment. Their response "Sorry, you owe more than your house is worth right now, see us again in a couple of years"! We have had this mortgage for over 15 years and again, have excellent credit and never been late!

#2) Wife lost her $70k/yr job, Obama Plan came out, we applied as we had all 3 qualifications; lost job, have an ARM, owe more than the house is worth. Bam...spent 6 months 'jumping' thru Wells Fargo hoops only to receive a letter on the 7th month stating, AND I QUOTE "We are willing to lower your mortgage payment for 4 months by $300.00 per month. After these 4 months, we will review and determine if we will make this your new permanent payment. However, please be informed that you will still go into DEFAULT on your mortgage, the foreclosure process will be started, you will incurr additional interest, penalties, and legal fees, etc"....well wtf kind of deal is this we thought!! What a joke! We ignored it and continued making our payments ON TIME as usual.

#3) Another plan! We again jumped thru several months of Wells Fargo hoops only to learn that "We did not qualify for that plan as we were CURRENT on our payments"! I stated...."you've got to be kidding me....you mean to tell me you will NOT help us because we make our payments on time and you will only help us if we go into default??? The response was pretty much a 'yes'. Then the 'so-called' specialist at Wells Fargo stated, "but I do have another plan that might work".....so we proceeded to jump thru MORE hoops....to the point that they wanted to know what we spent $75.00 per month on for 'household incidentals'....I said "excuse me"?? You have our whole life and financial information and history and you want to know how much per month I spend on deodorant, tampons, butt wipe, etc?? The answer was "yes"!! Again, we were flabbergasted to say the least!

At that point, my husband and I looked at each other and thought "screw-you" Wells Fargo! I typed up a Cease and Desit Order and mailed it off to Wells Fargo and stated the only way they could contact us was via the USPS. We STOPPED making our house payments in May 2010, and have putting the $$ towards other debt. Two months later we received a letter from Wells Fargo stating that "since we did not give them the information required to process our SHORT SALE, the file has been closed!  WHAT SHORT SALE??? WE NEVER APPLIED FOR OR EVEN MENTIONED ANYTHING ABOUT A SHORT SALE!!!  How messed up is this bank anyways?

The Sheriff Sale is scheduled for Nov 10th, 2010 at which point, I don't care if they offer us $10k to move out early....we are staying the FULL 6 months that we are entitled to in the state of Minnesota, which will be May 10, 2011 at 11:59pm....who knows, we may even stay longer and make them incur extra expenses and attempt to evict us...that will give us an additional 2 to 3 months of 'free' living off those jerks! They have made MORE than enough interest off of us in the past 15 years...............and to think, all we wanted was a fixed rate!!!!

Nov 04, 2010 06:09 AM
#17
Anonymous
wyoming foreclosures for sale

I cannot tell you the amount of posts that I have read that made no sense at all, but yours really did! Nice Job!

 

888-Real-WYO Find Out More About wyoming foreclosures for sale and homes for sale in casper wyoming and know all about available homes near Casper Wyoming from no other than your best realtor Sarah Nicely. (307) 251-3434 - wyomingforeclosuresforsale.org

Nov 30, 2010 10:33 PM
#18
Anonymous
KimL

Thank you for your comment left today, December 01, 2010 pertaining to my comment made on November 04, 2010 (comment #17)

Just wanted to update the status.......The Sheriff Sale was on November 10, 2010. We OWED on our existing mortgage $240,000.00.........remember from my previous post, the bank would not work with us......................Well............The BANK (Wells Fargo) purchased our home at the Sheriff Sale for $269,000.00!!!  That is $29,000.00 MORE than we owed on the home! What is up with that?

They are unwilling to help us out with ANY sort of assistance, including just a fixed rate as "we owed more than the home was worth"....yet they purchase the home for $ 29k more??

Dec 01, 2010 09:54 AM
#19
Paul Gapski
Berkshire Hathaway / Prudential Ca Realty - El Cajon, CA
619-504-8999,#1 Resource SD Relo

very nice post

Mar 07, 2011 05:50 PM