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Should I go into foreclosure and walk away from a home that has depreciated 57.2% since 2004?

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stocktonfam

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We don't qualify for a loan modification program and we haven't lost our jobs- It kills me that we have dropped 57.2% of our homes value in 4 1/2 years! We consider ourselves to be people of integrity and follow through with our financial commitments but wondering if we should swallow our pride and walk away. Our house is very expensive and is a 30 year old fixer upper in a neighborhood where I don't feel safe. What is the financially smart thing to do and what options are out there? What are the consequences of "walking away" from a home loan? We have GREAT credit...how would it affect our credit scores and further financial future? We are stressed! (Stockton, CA)
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June 30 - US
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Terry Osburn, "PawsitiveRealEstate"

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Before making any decision you NEED to see a real estate tax attorney and/or at the very least a CPA. You need to think long and hard b4 making this decision. You need to understand implications not only from credit but taxes. I certainly can understand your frustration. Short sale may or may not be the answer for you. Foreclosure will definitely hurt your credit and so will a short sale. Depending on what state you live in will depend if the banks can still come back after you for judgment for the losses they incurred. Short sales are based on hardship. Most banks now are really scrutinizing the hardship. They may very well allow a short sale BUT they may put language in the short sale approval letter to reserve the right to come back after judgment. There are many things to consider. Is your loan(s) original purchase loan? Did you refinance and take money out and use it for other purposes than the home? You might be able to perform a deed in lieu. You can usually get a consultation with a real estate tax attorney for around $300/hr. There is a lot more to discuss but not enough time or room here. Many agents automatically say short sale when in fact a short sale may make things worse. I will tell you the banks are coming back to sue. Especially on the 2nd loans and heloc's. Even though california is a non recourse state, the first cannot do double jeopardy but you may very well have issues with the 2nd or Heloc's. Just know what your entire options are and seek competent advice from CPA or real estate tax attorney then make your decision when you have reviewed all options.
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July 07
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dgolding

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The "moral" issues of foreclosure, loan modification or a Short Sale: Should a stock trader not sell a losing stock when the price drops because it will hurt another person's IRA? Do banks have any "moral" responsibility for this crisis because they created and sold loan products to Americans which didn't make long term economic sense and ultimately severely hurt the real estate market? Should the very politicians who promoted and supported the banks in creating these toxic loan products throughout the 2000's to promote home ownership take any responsibility for this outcome? Should people become slaves to their houses/lenders because the market for real estate crashed almost 50% from the price peak through no fault of their own?Should a mother or father do what is best for their family, or should they do what is best for other homeowners?Free markets will work this out by everyone doing what is right for their families.  The housing market will find a new pricing point.

Also take this into account: the lenders are now restricting loan payments to 38% of income and the new loans are fully amortized.  You need twice the income today than you needed in 2007 - house prices are adjusting so people can buy them again.

Don

 
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July 06
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raul1956

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if you do not find any info I will keep you in mind, there might be a new program coming up. but don't move out of your home til you get the eviction notice, meanwhile save some money  you may be needing it.

do not forget to go to        knpr.com


Raul
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July 06
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I would sugest you  to go      knpr.com and you will be able to get some public info. every case is different.

good luck
Raul
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July 06
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I couldn't care less what your financial situation like others say. People seem to think its a financial decision. It is a moral one. If you don't have a problem morally or socially with taking hundreds of thousands of dollars out of a strangers account and dissappearing, go ahead and go into forclosure. I am of the opinion that 100,000 dollars is always 100,000 dollars  weather it belongs to your neighbor or a bank. Fraud is fraud, theft is theft. I wouldn't be friends with someone who rapes, murders, or steals 100 grand.
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July 06
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You are in the same position as millions and millions of Americans. You owe way more than your home is worth or is likely to be worth even ten years from now. I suggest you go look at rental homes right away. See what is out there (since you'll need a roof) and who knows, you may be inspired and alleviate some of the stress. If you have credit cards now, you'll keep them. Your interest rate will likely go way up, but you will still have sources of credit if necessary. Buying a car is still going to be very easy. Again, the interest rate won't be advantageous, but you can still buy a car. SInce nobody here knows how far underwater you are, nobody but you can determine what best suits you financially. I am not an advocate of walking away when things get bad but I am responsible enough to know that there is a point where walking becomes necessary. Protecting your family is a sign of integrity and should be first onyour priority. Don't be fooled by anybody else who insists that ownership is something to be proud of. There are so many other things that are more important to be proud of, like protecting your family.
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July 05
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dgolding

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A Short Sale would be your best option, in my opinion.  Contact a real estate agent in your area but make sure they are experienced in debt settlement: a Short Sale is more about negociating debt settlement than a home sale.  Many agents don't like them for this reason.

Go to anaheimnewsletter.net and read "Help for Homeowners" and "Don's Corner" to become more informed.  It is a big decision, I know, I had to Short Sale my house.
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July 04
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Yanni Raz, "yanniraz1"

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I think it will be much better for you to short sale the home. Normally it will show on your credit as settled but you can always negotiate with the bank to show something different.
It's much better then foreclosure or deed in lieu.

Good Luck.
http://homesinsale.com
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July 02
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Roberto Ribas, "azrob"

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"when the market improves, then sell..."

Yeah, whatever... take a monthly loss for 20 years, then maybe you can break even on the sale price...

How long does bad credit last?
How long after foreclosure till you can buy again?
How long will it take for a home down 55% to recover?
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July 02
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Orin Sherman MBA

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I think the last portions of your statement are truth.  You don't feel safe and yet that is what a home is truly for.  If you can rent out, then do that and get something smaller and manageable to make up the difference you pay out on the remaining monthly payments that the renter does not cover.  When the market improves then sell.  That should give you peace of mind and still have integrity.  On the flip side, the Gambler says " you gotta know when to hold 'em, know when to fold 'em...."  But that has the consequence of hurting your credit and financial future. 
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July 02
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NTETS, "Caveat Emptor"

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your life will be better in the future if you walk away from your house, utterly destroy your respective credits, and uproot your famillies?

honestly i think they might be better at that. how much could you save, year after year, renting... buying on the other side? you could save alot of money.
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July 02
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The classic question in a "non-recourse" state where the only obligation is surrender of the collateral..  How can lenders and government officials keep people from walking away from properties individuals substantually overpaid for?

They can't.  Most will take the short-sale if they can get it and they know how.  If not, the foreclosure seems to be the natural result; but a dead-in-lieu is probably a much better option.

As the lenders lose much more doing a foreclosure than reducing interest and principal, many are becoming more willing to negotiate now; but most are still using computer software that measures your ability to pay, and not your willingness to pay.


Even if the government tries to inflate us out of this, it will not change the real loss experienced.  That is the nature of people making substantial money selling things for way more than they are worth; that "income" came from somewhere and someone.

There are only two things that government can do to substantually increase values quickly, and they won't do either.

The first is to destroy property, such as a fire, flood, or bomb.  Reduced available stock then would increase values.  (Maybe "Katrina" was on purpose???)

The second is to substantually increase the number of people by removing Visa quotas and streamlining citzenship applications, esentually fully opening the borders, thus increasing demand.  (The statue of liberty states "give me your tired, your poor...", but we really don't mean it; it has never been intended to be a "free" country).

I'm hearing a diligent person can correct a trashed credit score in about 3 years if they are systematic in their efforts.
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July 01
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If you are in Stockton, do not walk away...RUN AWAY. Stockton isn't recovering anytime soon and the 3-5 years of bad credit is worth it to be able to dump this turkey. Financially it is your best option. Stop paying and the bank may give you a short sale. If not, you still come out ahead even with a 7 year bankruptcy.
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July 01
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Rachel Sartain, "Rachel Sartain"

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If I am understanding you correctly... you only want to sell b/c your home has decreased in value? You have not lost a job nor has any other circumstances changed?

Where did you come up with the value of 57.2% depreciation for your home? Or is this the amount that the median price in your area has dropped?

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July 01
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rjon.101

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to be clear,  all my info is on California stuff. not any other state , they all have their own version of this stuff..

I second Michael , **spend the money to talk to a lawyer (who is qualified, meaning not someone who does everything)**  if you are serious on your course of action zillow was a good place to start collecting perspective and everyone has good insight. But you may be past getting info from just zillow i.e.,  from people like me whom you know nothing about,
Also I hear you say stressed so please be careful people can make very bad choices when under stress due to all the physical effects stress has..
let us know how things turn out.
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June 30
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Socal I think i missed the real point , yes even if it a refi you can walk away but I am not sure how the refi lenders are now days for coming after defaults if they have assets and income. Stockton sounds like he may have income to come after.  I have heard lenders are not so lenient and are chasing the money now, but hopefully ** someone who has a lot of experiance on this topic can help on that question**.  I do not have a lot of first hand knowledge of refi lenders chasing down the money via judical foreclosures. When houseing was stable and appraisals could be counted on as accurate (pre 2002)or going up 2003-2006 there was no point in planning to chase the money as the lender would get his money back via foreclosure.  the wonders of accurate appraisals before the boom.
Just to reiterate, be sure anything that needs credit is covered before the default hits your credit score, an apartment is rented and you are actually living in it, if you need a new car on a loan that it is bought, and any employment situations that will require credit checks for hireing are covered (if applicable.) You may have a hard time finding a decent rental after the foreclosure hits your credit and knocks it down. 
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June 30
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Michael Russell, "real estate mike"

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yeah Rjon, stockton should consult with a board certified real estate attorney and see what's the worst that could happen.
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June 30
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rjon.101

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Ca is a non judical state for foreclosures on the real estate mortgages which were used to purchase the house. If refinanced I am pretty sure it is just a personal loan secured by real estate , which does not make it a real estate loan.  Unless the laws have changed a lot in the last years in CA.  Since a refinanced loan is a personal loan sucured by real estate the lender may chose judical or non judical foreclosure. This is what allows the lender of refinance loans to get the full value of the loan back. because it is a personal loan not a re loan. If the refincnace loan was a real estate loan the lender would not have a choice of judical or non judical , if a real estate loan it would have to be non judical foreclosure and if so limited to the amount returned by selling the property. In  non judical forclosure ,which is faster, the lender can not try to get any  more than the house sells for or the lender buys it back at.  If the lender wants to get everything back and come after assets, garnish wages etc the lender must go threw a judical foreclosure. paying of the original loan and borrowing again does not turn it into a real estate loan which would be limited to a non judical forclosure and make the person safe from the lender coming after them for the full amount.   Which is a good reason to carefully consider paying of the origianl loan and refincing. a lot of protection from lenders disappears.
Let me know if I am way off here. I am pretty sure I am correct , I would not wager 10 million on it though.
Any one else have an idea?
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June 30
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It doesn't matter if you refinanced, you can still walk away. You are just replacing an old mortgage with a new primary mortgage and in CA, a non judicial state. Which means most of the time the lender won't come after you. The game plan would be to stay in the home as long as you can payment free and then use some of that money to secure a rental.And of course your credit is shot. But waiting 4-7 years to recover and buying way less than you owe now, is going to be less expensive that waiting 10-20 years to break even.
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June 30
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rjon.101

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It use to be that if you have not refied your house and have the original house loan you first bought the house with then lender can not come after you and they are limited to just taking the house since it is a real estate loan. Refinanced loans are considered personal loans secured by real estate and then the lender can come after you for the full amount if they do a judical foreclosure, of course it will be well worth providing $500.00 to a real estate attorney and to ask this question as there is always an exception. And someone on zillow may elaborate. but it sounds like you really have your own answer and are just looking for support. You mentioned no reason to stay in the house and seemed only concerned about your credit rating if you leave. Your credit will be hurt but in the last boom I knew people, personaly not a friend of a friend etc type story , who bought houses and got loans they could not afford with a bankruptcy 6 months old. People who could not qualify to rent an apartment would qualify for a loan with no down. so factor that in. You will just have to wait for easy credit to return and all the easy credit (liar loans, alt A loans, zero down loans) of the last boom will repeat they always do. but it may be 10 years it may 20 years. until they repeat prices will not go back to where they were. Jus tbe sure to get into something to live in before the credit hit. even apartments want higher credit scores than before just to rent.
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June 30
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Michael Russell, "real estate mike"

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If the home had went up in value 57.2% would you have given the lender part of that? The house was old when you bought and the neighborhood has more rentors now? One  other possibility is for you to rent your house and move into something much cheaper, assuming you didn't max yourself out with the mortgage. You will probably need to put some sweat equity into this house, if you keep it. You might look into purchasing a home warranty which could help if something breaks down.   
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June 30
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There are three options related to getting yourself out of the mess if you are not intending to stick with it:   Short sale, foreclosure or deed in lieu of foreclosure.

I would investigate first whether you are able to be eligible for short sale first.   As your incomes haven't dropped, it may be hard to claim hardship.  If you are planning to move for employment reasons, it would be easier.

The consequences are a big impact on your credit scores and an inability to purchase a house for several years (the number varies).    If you have assets besides the house, it is possible that the lender will come after you for some of those assets.

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June 30
 

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