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Kelli Grant is Your Scottsdale-Phoenix Arizona Realtor

Blog by Kelli Grant
Scottsdale, Arizona

Community and real estate updates with a focus on the Phoenix, Arizona Metropolitan Area

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RE: Buying a New House Before Foreclosing
I have a home in the bay area that I bought in 200...
RE: Buying a New House Before Foreclosing
I'd be interested in hearing someone's take on thi...
RE: Buying a New House Before Foreclosing
What about people who are upside down on their mor...
RE: Buying a New House Before Foreclosing
@ real life home owner (kavat) There in lies the...
RE: Buying a New House Before Foreclosing
Tough it out?? All I know is I put $60,000 down on...

Kelli Grant is Your Scottsdale-Phoenix Arizona Realtor

Wouldn’t I go to jail if I committed mortgage fraud?

Oct. 23, 2008
Categorized in: General Real Estate

The Forgotten Homeowner:  What happened to childhood values when we grew up?

My husband and I purchased our home in 2005. This was NOT intended to be our retirement home. However, with the entire neighborhood foreclosing or doing short sales, we’re still down over 50% in our home and we can never leave unless we want to buy ourselves out of it. 
 
We did the right things: 
  • We put 20% cash down
  • We did not take the builder’s offer to add our window coverings into the loan, we paid cash
  • As a licensed realtor, I did not take my real estate commission as income, but added it onto the down payment
  • We made the choice not to go through the builder for the flooring because they were so overpriced –so we did our research, saved our money and paid cash for our travertine, wood and nice carpet.
We should have chosen the thickest granite, floors with gold trim and the works through the builder.
 
In school, we’re taught that “good kids get rewarded for good deeds”. We got gold stars for doing the right thing and good grades. What happened to that philosophy when we became adults?  
 
My husband and I elected to do a 5 yr ARM so that we could pay off a land investment within that 5 yrs by paying interest only on our primary. Since lenders gave loans to people that truly didn’t qualify and credit card companies keep passing out money like it’s water, our neighbors are dropping like flies. 
 
Our 5 yr ARM comes due in 2 ½ yrs. Trying to be proactive, we called our lender, Countrywide, and spoke to about 15 different people to find out what our options were. We can’t refinance because our mortgage is still more than the current value of our home. 
 
We asked how we qualify for a loan modification. Countrywide’s representatives consistently said the same comment, “You have money in the bank? You have no credit card debt? You have no car payments? You still have jobs?....” So sorry, but since you can overpay for your home, you will. Unless, of course, you want to do a short sale, we can do that for you. 
 
Do I understand this right or am I missing something? Countrywide would rather lose more money and give my house to a total stranger than work something out that’s a win-win situation and keep a good paying customer and let me stay in my home…..REWARD me for doing the right things.  
 
I’m sorry, did you say it’s MY fault, Countrywide? Weren’t you one of the companies that went out of business by giving out money to people that YOU shouldn’t have? Isn’t it YOUR fault that all my neighbors are leaving their houses through the infamous “buy and bail” or simply foreclosing because they can no longer afford the house and credit cards that YOU approved them for?
 
Did I hear that the government is bailing out some of these financial institutions? Wouldn’t I go to jail if I committed mortgage fraud? What incentive is there for the good paying homeowner who saved money to buy their house, doesn’t have credit card debts or auto loans, and wants to save for retirement? There isn’t any. So, what’s preventing me from buying another house at a blue light special price and walking away from this house?  There isn’t a lot of incentive for me not to, is there? 
 
This principle is broken. They came out with the Mortgage Debt Forgiveness Act of 2007. Why don’t they come out with the “Mortgage Debt Forgiveness Act of 2008” for homeowners that purchased a home in 2005 or 2006, is a primary residence and fully qualifies for their mortgage, and refinance it into a 30yr fixed at today’s market value? Why doesn’t some of that bailout money go there instead of paying for multi-million dollar severance packages and spa treatments for the crooks who committed mortgage fraud? 
 
If I have 20% down for another home, there is nothing to stop me from bailing. Bad credit? Who cares! And, I’m actually now contributing to the decline of the neighborhood by leaving another vacant home that will undoubtedly get vandalized and cleaned out. At least I’ll have my dignity knowing that the only person looking out for ME is ME, and I took action. We’ll be somewhat better off in saving for our long term future than sitting here in a box that’s declining in value daily.
 
And, now we’re hearing from the most likely Presidential candidate to win that our taxes might actually increase because we should feel so compelled to pay more as an “American” to help the “less fortunate” because we can. So, now the government’s going to pick my charity too. God help us all. 

Buying a New House Before Foreclosing

Mar. 21, 2008
Categorized in: Financial
Tagged with: foreclosures, short sales
Walk Away or Stay?

There are thousands of homeowners facing foreclosure who simply walk away from their properties and their mortgages.  The lenders are left to deal with the financial fallout.

It’s starting to become a business decision and not just a financial duress decision causing homeowners to walk away.  Many who owe more than their houses are worth abandon their homes and mortgages and it just might make financial sense, especially if you are not too concerned about the hit to your credit score.

Some homeowners are combining that strategy with a new one. They are buying new homes before their old homes go into foreclosure, and then walking away from the old homes and the old mortgages.

What these homeowners hope to achieve is getting out of their current untenable mortgage situations with a new home and a new mortgage. And it appears that so long as the homeowners don’t mind seeing their credit scores tumble, this strategy will work.

The homeowners will need to come up with a  new lender and sizable down payment for the new home, but once they’re in, there is nothing that the old lender can do.

Since the new home with the new mortgage, has no connection to the old home and the old lender, the old lender can not come after the new home to collect any debt owed on the old home.

What is also a sign of the times is that there are now realtors who specialize in helping homeowners pursue this strategy and lenders who also specialize in these situations.

Is this the right thing to do?  I was raised with traditional values that you should pay back the money you borrowed.  However, when a colleague approached me with the concept, I have to admit that it made me think.  I have clients who continually ask my advice about the home they purchased in the height of the market  . . and when they consider the crushing blow they’re taking, they want to know what they can do.

Some have crunched numbers and it may take an additional 7 yrs to break even...and if there are short sales and foreclosures attracting buyers who can enter the neighborhood for up to $300,000 less than what others entered into - what does that mean to the neighborhood?  Are these new neighbors taking care of their homes and their yards in the same manner?  Are they upgrading and landscaping to the same level as those that paid hundreds of thousands more for their homes?

Even when the overall market returns, will the neighborhood be an entirely different community than when others purchased the home?  And, if you’re at a time in life saving for retirement and the primary residence was supposed to be an appreciating asset - is it better to walk away with a minor ding on your credit for going through a short sale and "starting over"? 

I don’t have the answers, but I can say that, suprisingly, this concept made me stop and consider!