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Walk Away or Keep Paying?


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2009 May 20, 7:10am   20,209 views  71 comments

by Patrick   ➕follow (59)   💰tip   ignore  

Patrick
Please give me your opinion of what you would do. We sold our first home we bought and purchased a newer home in March of 2006. We paid $595,000, it appraised at $618,000. Its a modest home, 3 bed, 2 bath 1745 sq feet. We put $190,000 down and financed $400,000 at a 5/1 arm at 6% on a 30 year note. We wanted to make sure we wanted to stay after our son finish high school. We had no grand illusion that our house would ever be worth a million dollars, but we also had no idea that the market would totally fall apart around us. Last month we wanted to refinance to a 4.6% fixed 30 year loan because we wanted to pay down some principle in order to see some return on our investment and to also lower out rate. Well as you know, us responsible people are, well, screwed. Our appraisal came back at $260,000! We owe $400,000 on our home, not to mention property taxes, maintenance and insurance. My bank e-mailed me twice and said not to worry, we will work something out. Well, here we are almost 2 months later and nothing. They will not help me, they don't even call me nor return my e-mails. I called and they told me NONE of the Obama programs are designed to help me, just keep paying my mortgage. I pay $2000 a month interest only, I refuse to pay principal on a home in negative equity.

My wife wants to walk, foreclose. Short sales in our area are sitting on the market sometimes for a year! We both have 800 plus credit, make almost $100,000 a year, have a son starting college next year, never been late on any payments. We have lost $330,000 so far between are our payment and the lost value together, not to mention the $24,000 a year in interest we pay a year plus $5000 a year in property taxes. Now, if I was make headway, I would not mind, but I feel I am throwing my money into a black hole with no end in sight. Do I foreclose and walk and start over in a few years and take a credit hit? OR do I wait and hope my home regains its value even up to the current loan value? If I rent for $2000 a month, I am giving someone else my money, but I will save on property taxes and maintenance. I have been at a loss. I don't know what to do. Some friends and family say walk, a few say don't foreclose, the market will bounce back. I have little faith my home will ever be worth $400,000 again, much less than $500,000. It may take 6,8 or 10 years! What, in your opinion would you do in my situation? Please help. I respect your opinions on your website. Nobody wants to help us. Not even my own bank!

Thanks
John

#housing

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48   EgoRidge   2009 May 21, 11:31pm  

Austinhousingbubble,

I sold out of CA in 2006-2008. The last in the east bay hills of SF just in time before the economy collapsed. I would say I missed selling the tip top by within 3%-7% on both properties which is phenomenal. I purchased just north of Austin in 78664 last year. A new home can be bought for $80-$90 per square foot. So run your numbers with that zip code. I'm done with cities with overcrowded down towns, Austin included. My life is worth more than spending an hour in traffic just to go 5 miles.

If the USA goes through a depression the downside here is minimal. A 20% decline is the basically the value of a new car. On the flip side, I don't see prices shooting up here into oblivion because land is plentiful. The bottom line is that life is better.

Wrong. Taxes are way cheaper here. While property taxes per dollar of the house are higher the over all tax bill is way cheaper and the services from those tax dollars is excellent. Add to that, there is NO state income tax and the state of Texas is NOT bankrupt. Nor is the state of Texas morally bankrupt. Religion is alive and well and the positive culture from it still exists.

Now you may be able to find pockets in Austin which are bad buys but if that's your goal you are loser. Look for the good buys. There's lot's out there. Soon I will be buying a rental with a positive cash flow but I have to do my homework to find a good one.

To reiterate. There is no housing bubble in Austin. It's just a normal real estate cycle.

The bubbles are on the coasts and where coastal investor's speculate.

49   Egotonic   2009 May 22, 12:55am  

Sadly, tb has only reinforced my point, and makes a spurious argument about "assets" and "(personal) integrity." It is this type of thinking that has produced the Gordon Gecko generation on Wall St.

Tell me tb, where would you stop with your "it is just business" philosophy? Perhaps it is "just business" when a predatory lender goes after at-risk groups? Perhaps it is "just business" when a company produces a product harmful to children/animals/adults? What about businesses we do not condone? There are more holes in this moral side-stepping argument than there are realtors in Southern California.

50   Zeppelin   2009 May 22, 1:21am  

Just Wondering, is John going to post any decisions he has come to after reading these Blog Comments.

The way I see it, you are always going to have Opposite Opinions on pretty much Any Subject.

I believe John is going to walk, but wants Everyone to make his Conscience feel better.

The whole disturbing read, is that the Corrupt People of Power (Bankers, Politicians, etc...) have Created this Absurd way of Thought.

It truly has become a World of Dog eat Dog in which these Family Values are being Passed on to the Next Generations.

Has the Obsession with Outdoing ones Neighbor or Workmate become the Soul of Society?

When GREED Stops becoming an Obsession with So Many, maybe we can Regain Real Values, instead of these Artificial Materialistic Obsessions.

51   HeadSet   2009 May 22, 2:07am  

Egotonic.

It appears that a few people on this blog need to mark thier calendars to celebrate a new holiday, Francine Hardaway's Birthday.

For those who may not remember her:

http://www.huffingtonpost.com/francine-hardaway/open-letter-to-my-mortgat_b_164693.html

52   HeadSet   2009 May 22, 2:29am  

California is non-recourse. That means that the legal agreement John made was to A) Pay off the loan. B) Given them the house.

Wrong. The agreement in a mortgage contract is that the bank will supply the money, and the borrower will pay back the loan. The bank taking the house in forclosure is a remedy for non-performance by the borrower. Creating schemes to live in the house for an extended period without paying the mortgage is merely opportunistic welshing that takes advantage of the forclosure remedy's time span.

53   sfbubblebuyer   2009 May 22, 3:11am  

HeadSet, actually, I'm right. A) Pay the loan or B) Bank gets house. That's exactly what you said above.

However, I wasn't advocating living in the house without paying the mortgage. I was advocating moving out and mailing them the keys. No foreclosure, no eviction, they get the property back. Deed in lieu of foreclosure is what it's called.

Here's a link : http://www.mcfarlinlaw.com/foreclosure_deedinlieu.htm

Of course, the bank doesn't have to agree to it, and then foreclosure becomes the standard course. Given that John can afford the house, the bank might not be willing to do the Deed-in-Lieu and hope that he's not willing to have a Foreclosure on his record.

Note that both options used to carry a tangible penalty beyond the credit it as if the house was sold for less than was owed, you had to pay taxes on the forgiven debt. Bush got rid of that temporarily, so effectively the only stick the bank has is a record blemish. No carrot exists given that the house is worth far less than what is owed on it.

54   EgoRidge   2009 May 22, 3:54am  

TB is correct. When the banks set up the contracts they know all possibilities.

The moral problem we are facing is that not one of the thieves who set up corrupt financial instruments are going to prison.

Bottom line. The sooner you leave the sooner prices will fall to real values and the economy will then move forward.

55   EBGuy   2009 May 22, 4:36am  

Dear John,
You are true patriot and I commend you for the $190k you put in the first loss position. There is no need to continue suffering; you have done your duty. I recommend you exercise your implied put option.
Sincerely,
EBGuy

From the SF Fed letter:
Going forward, it seems probable that many U.S. households will reduce their debt. If accomplished through increased saving, the deleveraging process could result in a substantial and prolonged slowdown in consumer spending relative to pre-recession growth rates. Alternatively, if accomplished through some form of default on existing debt, such as real estate short sales, foreclosures, or bankruptcy, deleveraging could involve significant costs for consumers, including tax liabilities on forgiven debt, legal fees, and lower credit scores. Moreover, this form of deleveraging would simply shift the problem onto banks that hold these loans as assets on their balance sheets. Either way, the process of household deleveraging will not be painless.

@sfbb - good to have you back!

56   sfbubblebuyer   2009 May 22, 5:48am  

EBGuy,

Wow, somebody remembers I used to post here? I have an excuse as to why I haven't been around. And it's not buying a house. It's a 7 month old daughter! My first!

A whole lot of things got ignored for awhile. :D

57   EBGuy   2009 May 22, 6:04am  

sfbb,
If I remember correctly, you were negotiating with a wife whose nesting instincts were kicking in (which is reasonable, considering the circumstances!) Did you find a reasonable rental or take the plunge?

58   sfbubblebuyer   2009 May 22, 6:48am  

We're renting still. I offered a deal. I would quit freaking out, and we would stop looking until Jan 2009. Sweet deal, right, as by then it should be obvious that real estate is tanking?

Fortunately she agrees RE is tanking. Unfortunately, she thinks that means it's a good time to buy.

I need to get fired so I can argue we can't buy a house with one income.

(Doing nothing put posting on blogs all day oughta cover it!)

59   sfbubblebuyer   2009 May 22, 6:49am  

EDIT : Wow, we can edit comments. I couldn't delete the following, however : Err, can't buy a house on one income, I should say. :D

60   curtiswilley   2009 May 22, 7:31am  

John,

Get a family member to buy at appraised value. Take contract and appraisal to the bank. Negotiate from there.

Buy it back in a year meanwhile you "pay rent" the buyers mortgage payment.

Curtis

61   Patrick   2009 May 22, 7:56am  

Yes, I did manage to wrestle Wordpress into allowing editing of your own comments, but strangely, it still won't allow deletes. I'll get that to work eventually, but for now at least you can edit the comment down to almost nothing if you don't like it.

Please let me know what other features would be helpful. Write p@patrick.net

62   EBGuy   2009 May 22, 9:22am  

sfbb,
Here's what I'd do. Monitor the foreclosures on a weekly basis in a targeted area. They are slowly increasing in every part of the SF Bay Area that I know of. I recommend Yahoo Real Estate for neighborhood foreclosure searches (their data is fairly up to date), or going to RealtyTrac to look at zip codes. As long as the foreclosures are increasing, I don't think you should have any trouble convincing someone that prices have only one way to go.
You also might want to invest in a subscription to one of the foreclosure websites. As Randy H says, "I view a ForeclosureRadar subscription as the cost of a real option. "

63   Austinhousingbubble   2009 May 22, 10:58am  

Nobody actually from here considers Round Rock to be part of Austin proper -- it's a soulless bedroom community where most transplants wind up. Maybe there's a couple nice places stashed in there somewhere, but the majority of construction is all new garbage -- Plywood Palaces that won't last the the duration of even a 15 year mortgage. Round Rock wouldn't even really exist if Dell hadn't chosen to move its corporate office there, and it is no secret that Dell is flagging, not to mention their penchant for lay-offs -- more of which are rumored to be on the way.

Also, the tax burden is not less in Texas than in other parts of the country which have state tax. There are plenty of charts found online that illustrate this, so I won't belabor the point. Suffice to say, cheapskates move here thinking they're getting a bargain -- just like they move to Florida and the Carolinas -- but there is no rebate. In fact, depending on your tax bracket, it can be more of a burden than in states with state tax. Just for starters, property tax is sky high and climbing, sales tax is at 8.25% and revenues are down both in retail and the service sector, including dismal returns from SXSW.

Again, don't take my word for it - the Austin Business Journal has plenty of information. See also, a whole blog dedicated to the subject here:

http:/.thehousingbubbleblog.com/index.php?action=printpage;topic=53.0

We can bat this back & forth for days, but you seem to have your mind made up, based upon your own bias and what suits you. I think the mention of religion is most telling: you are clearly not skeptical or objective by nature, but choose faith or belief over statistics and logic. Just stay on the funny, sunny side.

Welcome to Austin.

64   HeadSet   2009 May 22, 11:30am  

Austinhousingbubble,

A friend of mine, who went to UT Austin in the 80s, told me that it was not unusual back then to see a topless girl jogging on campus. Is it still like that?

65   coretexity   2009 May 22, 1:37pm  

58% drop? Is this house in SF Bay Area or Florida somewhere??

66   EgoRidge   2009 May 22, 2:18pm  

Austinhousingbubble is in need of some serious psychoanalysis.

First off the facts are all wrong. Just check listed urls above that he uses. They go to a nonsense blog. No real statistics. Very similar to Al Gore's global warming scare without a single valid statistic other than coincidental inference.

The major concept in play is housing prices to income ratio. These are balanced. As for his criticisms of Round Rock he has to ignore the many accolades by several articles rating Round Rock as one of the top ten cities to raise a family in.

Now onto his psychoanalysis. This character sounds like like a guy who has multiple uses for his waste gate because he was molested as a child. Inside Austin is a liberal cult within Texas. The majority of Texas has not lost its common sense. Notice I mentioned positive aspects of religion and this character assumes all religion must be bad.

Bottom line. Just read from one of Patrick's listed articles which shows depreciation from the peak.

http://www.newgeography.com/content/00810-housing-downturn-update-we-may-have-reached-bottom-but-not-everywhere?ref=patrick.net

This article shows Austin down 6.1% vs 52.5% in San Franfago.

My point. 6.1% is not a bubble and these prices are now at a floor of around 150K to 200K.

Some this poster has found a way to lose large amounts of money in Austin and cry about it.

Oh well, it just goes to show that a loser can find a way to lose anywhere.

67   EgoRidge   2009 May 22, 2:26pm  

I do agree that Round Rock is not considered Austin proper for whatever that's worth. As the facts go Austin residents try to get their children into Round Rock schools. No one in Round Rock wants to send their Child to Austin schools.

Austin is sort of like the sewage plant of Texas. We corral all the mindless liberals into Austin so they can imagine they are in a housing bubble. This saves tax payers having to house these vagrants in mental hospitals and prisons.

68   danville woman   2009 May 22, 4:04pm  

If you don't honor your contract, remember one thing. Karma is a B****. There will be spiritual forces down the line that will force you into "paying back your debt" It is interesting to see how many people these days think they can get away with self centered behavior with rationalizations and excuses. Absolving yourself from a conscience, does not absolve you from consequences.

I wish you well and hope you don't have to learn these lessons the hard way.

69   EgoRidge   2009 May 23, 4:06am  

Danville women, you need to read the details of these posts. The market is coming down and it has nothing to do with karma or putting guilt into contracts. It's all part of the mess.

Look out for yourself because no one else is going to.

The difficult part is getting out knowing that you missed the top by a huge amount.

As for Austinhousingbubble. It is clear what his case is. He bought into the Austin Condo market which is a bust. These are high rise buildings made of steel and cement which explains why he thinks houses in the suburbs are made of cheap plywood. All homes are made of particle board whether they are in Round Rock or West Lake Hills.

Do what is best for yourself. You actually being helping others, too.

70   schulte.mm   2009 May 23, 4:40am  

moral-shmoral. How dare this Patrick proposition be imposed with shame!! Bloody stupid to insist upon personal integrity when it is quite likely that every link of the transaction involved numerous "professsssional" lies. Maybe escrow was the only honest part of the entire home purchase (this is not uncommon).

Walk away or stay but let the sanctimonious cast unsavory judgements like all is fair in these crap industries (banking and real estate). Do upsidedown folks need lots of shame on top of expensive lessons?!...to Hell with the self-proclaimed smartie whose house is no doubt glass and may I submit, whose wisdom had more to do with dumb luck and timing than knowledge and goodnessss - grain of salt.

71   littleplanet   2009 May 28, 2:04pm  

Just a quick comment...I'd ignore all the finger-pointers who pretend that these are ordinary circumstances. Homes have not lost value like this since the Great Depression - if even then. To be a responsible homeowner and lumped into the same category as all the flippers and speculators is an insult to decent hardworking people.

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