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WALKING AWAY FROM A MORTGAGE - What Happens?
vanity ^ | October 10, 2011 | RetiredArmy

Posted on 10/10/2011 11:27:43 AM PDT by RetiredArmy

Need assistance from the FRpeer Nation out there. I have a dear friend whose son has lost his job and will have to relocate to take a new job. This person owns a home and has a family.

The deal: the market here is in terrible condition and there is little if any hope of selling his home. He has considered walking away from the mortgage. Just pick up and tell the mortgage company what is going on and that he is simply leaving, here is the house, come and get it. Then rent on the other end.

My friend is in a condition over this. He thinks his son should just hang in there. But, the son insists on doing this. I told him that I was glad that I did not have that decision, because in this day's markets, I would be in the same boat. I would probably not be able to sell either.

So the question is, what happens if this son walks away from his mortgage? Just tells the company come and get it, I am gone. What is his legal consequences? Can the mortgage company just sell the house for what they can get for it and hold him responsible for the remainder or what?

If any of you out there can provide me information, or a place that I can pass on to my friends to assist them and their son, I would be most thankful. Thanks.


TOPICS: Business/Economy; Chit/Chat
KEYWORDS: economy; mortages; repossessions
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Just post here or the back channel FReep mail will be fine. Thanks for your assistance.
1 posted on 10/10/2011 11:27:54 AM PDT by RetiredArmy
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To: RetiredArmy

Here’s a story about from US news and world report:

http://money.usnews.com/money/blogs/my-money/2011/05/12/the-consequences-of-walking-away-


2 posted on 10/10/2011 11:30:08 AM PDT by Mount Athos (A Giant luxury mega-mansion for Gore, a Government Green EcoShack made of poo for you)
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To: RetiredArmy

Remember this term. “Deed in lieu of forclosure”. Tell him to go talk to the mortgage Co about it. While it will suck for his credit, it isn’t as bad as foreclosure.


3 posted on 10/10/2011 11:30:20 AM PDT by Dick Tater
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To: RetiredArmy

Odds are that he will be sued by the bank. The only way I see this ending would be through a bankruptcy filing. His best bet would be to contact the bank and they very well may slash his mortgage payment, just in order to get some return on the property.

I wish him the best of luck.


4 posted on 10/10/2011 11:30:27 AM PDT by JosephMama
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To: RetiredArmy
In California, walk away and the bank has no further recourse.

In other states they can sell the house and bill you for the remainder of the mortgage, and you don't even have a place to live out of it.

5 posted on 10/10/2011 11:30:35 AM PDT by E. Pluribus Unum ("Government does not solve problems; it subsidizes them." --Ronald Reagan)
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To: RetiredArmy

How about a short sale


6 posted on 10/10/2011 11:32:42 AM PDT by Hildy ("When the debate is lost, slander becomes the tool of the loser." - Socrates)
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To: RetiredArmy; blam

Certain Freepers who will remain nameless come to your house tar and feather you, hang you and then set you on fire. And if they are in a good mood they will do it in that order.


7 posted on 10/10/2011 11:34:14 AM PDT by Kartographer (".. we mutually pledge to each other our lives, our fortunes, and our sacred honor.")
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To: RetiredArmy

Why can’t he rent out the house out? We did that a couple of years back when we could not sell it. We have a great lady living there. Sure, sometimes it is a pain being a landlord, but it pays the mortgage and keeps us up to date with our obligations to our mortgage company.


8 posted on 10/10/2011 11:34:16 AM PDT by tndarlin (If only the VRWC had ACORN, SOROS, SEIU, TIDES .....)
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To: Mount Athos

Sounds like a good article, but the link is bad.


9 posted on 10/10/2011 11:34:21 AM PDT by Truth29
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To: Mount Athos

That article did not come up. That sounded like something to send to them to read. Can you repost it?


10 posted on 10/10/2011 11:34:44 AM PDT by RetiredArmy (If you continue to put up with garbage, then all you will have in the end is GARBAGE!)
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To: RetiredArmy

Has he looked into a negotiated short sale?

A short sale will probably be much better for him then a foreclosure


11 posted on 10/10/2011 11:34:51 AM PDT by MNJohnnie (Giving more money to DC to fix the Debt is like giving free drugs to addicts think it will cure them)
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To: RetiredArmy

If the son lives in a state that allows deficiency judgments, then yes, the mortage company can get a judgment against him for the balance of the mortgage that they do not recover in selling the home. A deficiency judgment can ultimately allow the mortgage company to garnish his wages. With the significant number of defaults and sad shape of the housing market these days, mortgage companies are pursuing deficiency judgments more and more because they’re left with 50% or more of the loan balance unrecovered at auction.

Obviously, ditching a mortgage will adversely affect his credit - usually by 250 - 300 points.


12 posted on 10/10/2011 11:35:44 AM PDT by BuckeyeTexan (Man is not free unless government is limited. ~Ronald Reagan)
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To: RetiredArmy

Why not ...

1) move the whole family into one room
2) rent the other rooms


13 posted on 10/10/2011 11:35:44 AM PDT by ROTB (Christian sin breeds enemies for the USA. If you're a Christian, stop sinning, and spread the Word..)
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To: RetiredArmy
there is little if any hope of selling his home
Has he tried to sell it? Has he tried renting it out?
If he just walks away, it'll hurt him for many years - and who knows what could happen with his new job.
14 posted on 10/10/2011 11:38:08 AM PDT by oh8eleven (RVN '67-'68)
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To: E. Pluribus Unum

—In California, walk away and the bank has no further recourse. —

This. You’re gonna have to check your state’s laws. I do have one acquaintence that has not made a mortgage payment in two years and still lives there, the whole time trying to work something out with the bank to no avail.

And at the rate people are walking away, any bank that DOES try to sue you (assuming they can in your friend’s state) is gonna have to wait in line for a court slot, maybe several decades. One car speeding is a ticket magnet. A car speeding in a pack of a thousand speeding cars, less so.


15 posted on 10/10/2011 11:38:20 AM PDT by cuban leaf (Were doomed! Details at eleven.)
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To: RetiredArmy
Agreed.

I have absolutely no experience with this, but I do know that the bank would rather have 50% of something, than 100% of nothing.

And, working with the bank has the added benefit of not harming your credit.

Walking away from a mortgage, while the chic and trendy thing to do, will destroy your credit for a long time. In this day and age, when companies run credit checks as a part of the employment process (this I *know* happens, I do have experience with it) ... wrecking your credit has long term consequences.

Additionally, the company I work for runs credit checks (and drug tests) dead *last* in the hiring process, just as a matter of routine. If this guy trashes his credit before actually walking on to the company premises and starting to draw a paycheck, he may find himself out of luck.

Just my $0.02.

16 posted on 10/10/2011 11:38:38 AM PDT by wbill
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To: BuckeyeTexan
Thanks, that is good info to know.

Thanks to all who are providing responses. I am forwarding all your comments via email so that they can process through these.

The comments regarding the mortgage co. holding him responsible is one of the things I told my pal that might happen. I know that is normally what happens if you have a car repossessed.

17 posted on 10/10/2011 11:40:00 AM PDT by RetiredArmy (If you continue to put up with garbage, then all you will have in the end is GARBAGE!)
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To: tndarlin

FWIW, I rented a house for around $1500 that, had I bought at or near the peak of this housing debacle, would have had a $3,500 mortgage (including RE taxes), and it STILL has a rental value of $1,500.


18 posted on 10/10/2011 11:40:00 AM PDT by cuban leaf (Were doomed! Details at eleven.)
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To: Truth29; RetiredArmy

The link will work IF you include the “-” at the end. For some reason when you highlight the entire link it does not underline the “-”.


19 posted on 10/10/2011 11:42:44 AM PDT by I Drive Too Fast
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To: RetiredArmy

Try to get the lender to short sell. If that is not going to cut it, walk away and file for Bankruptcy. If you are going to damage yourself this way, you may as well get protected and get an exit strategy instead of having this debt hanging over your head for 20+ years.


20 posted on 10/10/2011 11:43:23 AM PDT by Lazlo in PA (Now living in a newly minted Red State.)
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