Stuck owning an underwater house I do not live in and do not want. How best to sell it?

Profile picture for Zachary S
Hi - we moved for a good new job in spring 2008.  Could not sell our home after three attempts.  It is rented now thru July 2012 and we lose $540 per month total after the the 1st and second mortgage, taxes and insurance. Since we have been out for 3yrs+ and now own a home in NY, I would guess it would be seen as rental property now? I want to get rid of this albatross in the best possible way.  No one will refinance us even if we put in the money to get the mortgages (291) down to the value of the house (about 260).

I would love to hear advice and ideas - I am looking the best possible way out of this.  Is it stop payment and ask for a short sale next spring?   
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August 11 2011 - Bolingbrook
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Answers (4)

Profile picture for Daniel J. Currie
I don't know about your county property taxes where the home is, but in Indiana, the Homestead Credit and Mortgage Exemption are filed by owner-occupants only. These filings reduce the property taxes significantly.

Here's an option for you to consider:

If your State allows the same type of tax saving opportunities, you could sell the home on contract which would reduce the tax liability making it more affordable for a contract buyer who would pay full price and give you a down-payment. Only sell it to someone who has applied with a loan originator and who is certain to qualify for a home mortgage to purchase your home at some future date that is acceptable to you.

You must give the buyer ownership by contract for this idea to work, however, you may be able to have them sign a Quit Claim Deed and have it notorized. This document can be filed in the County Recorder's Office in the event of default which would allow you to evict the tennant instead of foreclosing.

Use a layering of contracts. Start with a lease and then offer an option to buy and take their down-payment as an option consideration. Then convert the option to seller-financing (contract sale). Make sure to have a separate written agreement that the buyer signs to allow you to file the Quit Claim Deed if they are in default.

Check your legal advisor about these ideas and good luck!
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February 26
Profile picture for Zachary S
Thank you Philip and SoCal.  Both ideas appreciated. I am still current and have started to seek out a lawyer and accountant to help. One thought that scrossed my mind was to stop payments on the first to get their attention and while that is happening, use the proceeeds to pay off the first very aggressively. By next summer, I could be close to out of the 2nd mortgage but obviously have gotten into arrears with the first (intentionally so.)
The net effect may be to have a significantly better position (say mortgage value $265 and house at $255 value?)

SoCal - I have tried contacting them while paying and they do not care right now since I am paying well.
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August 12 2011
Profile picture for Philip_Chicago
First get a couple of agents to do a market analysis to see what the value might actually be. If you are 40K+ under water with 540/mo negative cash flow you might do a short sale. Just about all banks will allow it, but none of them will 'commit' to relieving you of the eventual deficiency when it sells. They will analyse your finances to see if it is worth it to them to go after you for the balance. You also need to speak with an accountant to see if the deficiency will be taxable to you and what other options you might have based on your entire financial situation.
If you sell for enough to pay off the 1st lien holder then you might just ned to deal with the 2nd lien holder.
One problem you might haveis that many banks will not even talk with you until you are 2-3 months behind in payments. They have so much to deal with that they just do not pay any attention to you while you are current.
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August 11 2011
Profile picture for SoCal_Engr
The following is not legal advice, just an opinion from the peanut gallery...

Don't stop payments, but play some hardball with the lender. Be upfront, tell them the circumstances, and let them know you need a shortsale or you will have to consider defaulting on the loan (due to new job and relocation).

You should probably talk to a RE attorney to make sure your backside is covered in case you do end up having to default.
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August 11 2011
 

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