Originally posted by tobee43
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Strategic Defaults Revisited: It Could Get Very Ugly
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Stopped Paying CC's 2/2009. Retained Attorney 1/10/2010 Filed 1/23/2010. Discharged 5/19/10 $187K CC, $240K 2nd,$417K 1st, No asset Ch-7
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Originally posted by albacore44 View Post$200K is a pittance. Some of the houses around me lost $400-$500K after they topped out in 2006. The last time i refied my HELOC june 2007 my appraisal came in at $890K and there were solid comps to back it up. I paid $450K for it new in June 2003. it might fetch $400K now. there is a lot of shadow inventory here. i know for a fact, the banks have taken back several homes at auction recently, yet there is not 1 for sale sign, and the houses are still occupied. i think the banks are trying to fool the government about how bad their losses on books are. so much for Sar-Banes Oxley8/4/2008 MAKE SURE AND VISIT Tobee's Blogs! http://www.bkforum.com/blog.php?32727-tobee43 and all are welcome to bk forum's Florida State Questions and Answers on BK http://www.bkforum.com/group.php?groupid=9
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Playing Devil's advocate here...for many decades American's investments in homeownership were highly profitable. Case in point: my parents built their house in the 'burbs in 1965 for $14K. That same house, with no additions, well cared-for and updated over the years, would now sell for over $500K. There was no guarantee that the folks would make money on their home purchase in 1965, just as there was no guarantee that buyers in 2000 would see home values increase. Investors are always cautioned that historical data is not a guarantee of future performance.
While intellectually I agree - it is financially foolish to continue paying on a property which is worth 50% less than its value at time of purchase. Yet....I can't get around the moral issue of a promise, a contract signed, a binding agreement made to repay a loan at certain interest terms. Those repayment terms don't include a "as long as I make money" clause. It is one thing when illness, job loss or other dire circumstances make repayment impossible. Quite another when the person IS financially able to fulfill their obligation yet chooses not to.
My parent certainly wouldn't run around their community giving away the $500K profit on their home, but neither would they default on a loan they could repay, thus spreading financial loss amongst their neighbors in the form of decreased property values and glut of empty foreclosed properties.
NOT making any judgments. Just thinking a bit about this issue and where I'm at with it, which is knowing walking away is the right thing to do financilly, yet feeling a sense of "wrongness."Filed Ch 7 Pro Se 11-18-2010 341 Meeting 12-16-2010 Discharged 2-15-2011
New Job 7-2011
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Originally posted by chicagoannie View PostPlaying Devil's advocate here...for many decades American's investments in homeownership were highly profitable. Case in point: my parents built their house in the 'burbs in 1965 for $14K. That same house, with no additions, well cared-for and updated over the years, would now sell for over $500K. There was no guarantee that the folks would make money on their home purchase in 1965, just as there was no guarantee that buyers in 2000 would see home values increase. Investors are always cautioned that historical data is not a guarantee of future performance.
While intellectually I agree - it is financially foolish to continue paying on a property which is worth 50% less than its value at time of purchase. Yet....I can't get around the moral issue of a promise, a contract signed, a binding agreement made to repay a loan at certain interest terms. Those repayment terms don't include a "as long as I make money" clause. It is one thing when illness, job loss or other dire circumstances make repayment impossible. Quite another when the person IS financially able to fulfill their obligation yet chooses not to.
My parent certainly wouldn't run around their community giving away the $500K profit on their home, but neither would they default on a loan they could repay, thus spreading financial loss amongst their neighbors in the form of decreased property values and glut of empty foreclosed properties.
NOT making any judgments. Just thinking a bit about this issue and where I'm at with it, which is knowing walking away is the right thing to do financilly, yet feeling a sense of "wrongness."Stopped Paying CC's 2/2009. Retained Attorney 1/10/2010 Filed 1/23/2010. Discharged 5/19/10 $187K CC, $240K 2nd,$417K 1st, No asset Ch-7
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A strategic defaults sounds good on the surface to home owners upside down, because they believe that their house is collateral for the loan, and if they default the bank will only go after the house and that will be it, WRONG! Many former homeowners are shocked, when the bank calls telling them they are still on the hook for the deficiency of what the house sold for at auction and what is still owed, that is if it even sells at auction.
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Originally posted by Goteki45 View PostA strategic defaults sounds good on the surface to home owners upside down, because they believe that their house is collateral for the loan, and if they default the bank will only go after the house and that will be it, WRONG! Many former homeowners are shocked, when the bank calls telling them they are still on the hook for the deficiency of what the house sold for at auction and what is still owed, that is if it even sells at auction.
Look up your state laws. Some states are "recourse" and that means the bank can go after you. Others are "non-recourse" which essentially means the bank can only take the house through foreclosure and ruin your credit. That is all. California is essentially that way and that is what I personally experienced. Even if you live in a "recourse" state, many just BK it out once the bank tries to sue.
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Originally posted by alibaba View PostNot necessarily true-
Look up your state laws. Some states are "recourse" and that means the bank can go after you. Others are "non-recourse" which essentially means the bank can only take the house through foreclosure and ruin your credit. That is all. California is essentially that way and that is what I personally experienced. Even if you live in a "recourse" state, many just BK it out once the bank tries to sue.8/4/2008 MAKE SURE AND VISIT Tobee's Blogs! http://www.bkforum.com/blog.php?32727-tobee43 and all are welcome to bk forum's Florida State Questions and Answers on BK http://www.bkforum.com/group.php?groupid=9
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