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#1 2009-10-26 12:55 pm
- radarman
- Member
- Registered: 2005-02-28
- Posts: 3584
Self-foreclosure - the new fad
http://www.miamiherald.com/251/story/1298873.html
BY MONICA HATCHER
mhatcher@MiamiHerald.com
Andres Duque thought he got a real steal when he paid $125,000 for his Little Haiti condo. But four years later, similar units are selling for $35,000 and even less.
And so, faced with the prospect of being underwater on his mortgage -- owing more than the unit is worth -- for the next 20 years, Duque, 33, made what seemed to him like a rational choice: to cut and run.
He stopped paying the mortgage, basically forcing the lender to take the condo off his hands through foreclosure.
``I was able to pay off all my credit cards,'' said Duque, who is biding his time in the condo, waiting until they come and evict him. ``In a way, it was the best thing that happened to me because all my income is not being consumed by this freaking monster of a debt.''
Duque's game plan is known as a strategic default -- when borrowers walk away from loans, even if they can afford the payments. Here is a look at the benefits, the risks and the ethics of such a move.
On the one hand, a mortgage is a contract you are obliged to stick to. On the other hand, banks have zero room to talk about ethics, particularly now.
I can't really find fault in someone who is in over their head on a property that isn't worth nearly what they paid self-foreclosing. It would be nice if they could arrange a short sale, but if the bank won't play, well - you have to choose the option that is best for your family. If that means finding an apartment and turning over the keys, so be it.
As for the banks going after former homeowners, even after getting the house; they might want to consider that a bankruptcy would eliminate any funds they might have gotten. Sure, for some borrowers who still have assets, that might be an option; but I suspect a lot of these people were struggling to begin with.
Take the loss, sell the house, move on. Oh, and learn a valuable lesson for the future.
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#2 2009-10-26 1:04 pm
- ShnickyShnack
- ::: title edited due to Satanic influences :::

- From: Rockin' out
- Registered: 2001-05-25
- Posts: 22237
Re: Self-foreclosure - the new fad
From what I've heard, the banks simply don't have the resources to negotiate with individuals who are struggling to meet mortgage payments; it's easier for them to just say no to all requests for renegotiation, and go into foreclosure.
I find the whole foreclosure thing to be baffling ... just walking away from a home and all that. Wouldn't it destroy your credit rating?
Note: please delete this post.
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#3 2009-10-26 1:05 pm
Re: Self-foreclosure - the new fad
It destroys it for about ten years.
It is an odd thing, but every one who disappears is said to be seen at San Francisco. It must be a delightful city, and possess all the attractions of the next world.
- Oscar Wilde
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#4 2009-10-26 1:19 pm
- radarman
- Member
- Registered: 2005-02-28
- Posts: 3584
Re: Self-foreclosure - the new fad
Apparently not. The article mentions that if you take other steps to rehabilitate your credit, you can recover in 2 years. Of course, this assumes you were in one of these nutball markets, where you don't even have to explain how you ended up in foreclosure.
If you drop the mortgage, squat in the home, but pay off your credit cards and cars; you could actually come out ahead. Sure, the foreclosure will ding you hard, but maintaining solid payment histories with other debts will offset it. After a few years, the other credit history will start to outweigh the foreclosure - all without bankruptcy court help.
The bankruptcy, on the other hand, will assuredly wreck your credit score for 7-10 years.
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#5 2009-10-26 1:25 pm
Re: Self-foreclosure - the new fad
Yeah, the problem is in the way the system is set up. The credit reporting system isn't really designed to determine true creditworthiness, or the overall state of one's financial situation - but that's what it has become. If you don't take on debt, but have assets and income, you get a low score. If you have low income and assets and high debt, but make all your payments on time (even if it is the minimum which guarantees you'll remain in debt forever), you get a high score.
Soon however, financial services won't be able to discriminate based on credit score. After this latest meltdown, too many people will have some bad marks on their reports. If they insist on serving only those with high credit scores, they'll be cutting their potential market considerably.
It is an odd thing, but every one who disappears is said to be seen at San Francisco. It must be a delightful city, and possess all the attractions of the next world.
- Oscar Wilde
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#6 2009-10-26 1:54 pm
- Ribtorus
- Member

- Registered: 2002-07-11
- Posts: 13735
Re: Self-foreclosure - the new fad
ShnickyShnack wrote:
From what I've heard, the banks simply don't have the resources to negotiate with individuals who are struggling to meet mortgage payments; it's easier for them to just say no to all requests for renegotiation, and go into foreclosure.
I find the whole foreclosure thing to be baffling ... just walking away from a home and all that. Wouldn't it destroy your credit rating?
It's hardly in the interest of the credit economy to seriously deny credit for too long.
when surrounded and left on Afghanistan's plains,
and the women come out to cut up what remains,
just roll to your rifle and blow out your brains,
and go to your god like a soldier...
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#7 2009-10-26 2:09 pm
- JakeTheTall
- Cargo Cultist

- From: In Permanent Opposition
- Registered: 2003-03-13
- Posts: 9587
Re: Self-foreclosure - the new fad
"jingle mail"
This is why lenders used to want 20% or more as a down payment...less chance a property "goes under water": when a home's value is less than the outstanding debt.
Also careless of the lenders because mortgages are non-recourse. All the lender can claw back is the property itself, not assets with total value equal to the loan. I.e. if a home is valued at 80k and the loan is for 100k, non-recourse means the lender can't legally demand another 20k.
Jesus said to the servants, "Fill the jars with water"; so they filled them to the brim. Then he told them, "Now draw some out and take it to the master of the banquet." They did so, and the master of the banquet tasted the water that had been turned into wine. He did not realize where it had come from, though the servants who had drawn the water knew.
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#8 2009-10-26 4:39 pm
- Pariah
- James Carville Fan..

- From: Belly Of The Beast, Oklahoma!
- Registered: 2001-05-24
- Posts: 18394
Re: Self-foreclosure - the new fad
Ribtorus wrote:
ShnickyShnack wrote:
From what I've heard, the banks simply don't have the resources to negotiate with individuals who are struggling to meet mortgage payments; it's easier for them to just say no to all requests for renegotiation, and go into foreclosure.
I find the whole foreclosure thing to be baffling ... just walking away from a home and all that. Wouldn't it destroy your credit rating?It's hardly in the interest of the credit economy to seriously deny credit for too long.
You would think that but..
In my role as a printing press operator I have printed the confidential, internal worksheets banks use to score someone for a loan. Basically the way banks think is that 2 or 3 late pays are every single bit as bad as defaulting on a loan or declaring bankruptcy. For the most part you either have good credit or bad with practically no in between.
"and it's not surprising that they get bitter, they cling to guns or religion or antipathy to people who aren't like them or anti-immigrant sentiment or anti-trade sentiment as a way to explain their frustrations."
Barack Obama
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#9 2009-10-26 5:20 pm
Re: Self-foreclosure - the new fad
History of late payments are a warning that the person is already in over their head.
That's why they are seen as bad.
What was really bad, at Crow Canyon Country Club - a woman's husband died.
She was well off, they were rich, but all the finances were handled by him. She never had a credit card of her own.
Her 20 year old son was able to get all kinds of credit cards but she kept being rejected because she was late 40s with no history of her own, even though she owned a house and was loaded.
In her right hand Jenny held the Bible of her mother
Jenny had a pistol in the other
-- Steve Taylor
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#10 2009-10-26 6:19 pm
- Graphic Autist
- Scumdog of the Universe

- From: Antarctica
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Re: Self-foreclosure - the new fad
That poor lady...all loaded with a huge house, but no credit card. The horror!
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#11 2009-10-26 6:28 pm
Re: Self-foreclosure - the new fad
Graphic Autist wrote:
That poor lady...all loaded with a huge house, but no credit card. The horror!
It shows how pathetic the system is.
btw - try renting a car or hotel room without a credit card. Many places don't except debit because they can't an auth for security.
In her right hand Jenny held the Bible of her mother
Jenny had a pistol in the other
-- Steve Taylor
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#12 2009-10-26 9:34 pm
- user
- Your plastic pal who's fun to be with

- From: I'm not getting you down, am I
- Registered: 2001-10-15
- Posts: 16016
Re: Self-foreclosure - the new fad
Surely she could have gotten an American Express card.
Aw, he's no fun, he fell right over.
Unless you become as little children, there's no way you will believe this crap.
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#13 2009-10-26 9:37 pm
Re: Self-foreclosure - the new fad
user wrote:
Surely she could have gotten an American Express card.
Or her bank. I can't imagine the bank where she has her actual money turning her down. Maybe a clueless CSR just reading what's on the screen, but an actual bank manager should have some leeway for these situations.
"I don't like country music, but I don't mean to denigrate those who do. And for the people who like country music, denigrate means 'put down.'"
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#14 2009-10-26 9:40 pm
- Farmerkev
- Official Dementor
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- Registered: 2003-01-03
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Re: Self-foreclosure - the new fad
AmEx is so plebeian, the quality carries Carte Blanche.
Do your part to combat global warming.
Eat a cow.
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#15 2009-10-27 6:00 am
- Ribtorus
- Member

- Registered: 2002-07-11
- Posts: 13735
Re: Self-foreclosure - the new fad
Pariah wrote:
Ribtorus wrote:
ShnickyShnack wrote:
From what I've heard, the banks simply don't have the resources to negotiate with individuals who are struggling to meet mortgage payments; it's easier for them to just say no to all requests for renegotiation, and go into foreclosure.
I find the whole foreclosure thing to be baffling ... just walking away from a home and all that. Wouldn't it destroy your credit rating?It's hardly in the interest of the credit economy to seriously deny credit for too long.
You would think that but..
In my role as a printing press operator I have printed the confidential, internal worksheets banks use to score someone for a loan. Basically the way banks think is that 2 or 3 late pays are every single bit as bad as defaulting on a loan or declaring bankruptcy. For the most part you either have good credit or bad with practically no in between.
That's an internal conflict within a bank's departments between those whose job is to market loans, and those who collect on them.
when surrounded and left on Afghanistan's plains,
and the women come out to cut up what remains,
just roll to your rifle and blow out your brains,
and go to your god like a soldier...
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#16 2009-10-27 8:13 am
Re: Self-foreclosure - the new fad
Ribtorus wrote:
ShnickyShnack wrote:
From what I've heard, the banks simply don't have the resources to negotiate with individuals who are struggling to meet mortgage payments; it's easier for them to just say no to all requests for renegotiation, and go into foreclosure.
I find the whole foreclosure thing to be baffling ... just walking away from a home and all that. Wouldn't it destroy your credit rating?It's hardly in the interest of the credit economy to seriously deny credit for too long.
This.
"Live with your head in the lion's mouth. I want you to overcome 'em with yeses, undermine 'em with grins, agree 'em to death and destruction, let 'em swoller you till they vomit or bust wide open." -Ralph Ellison
"Overpower, overcome" -Cro-Mags
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#17 2009-10-27 9:03 am
- radarman
- Member
- Registered: 2005-02-28
- Posts: 3584
Re: Self-foreclosure - the new fad
I was listening to NPR this morning, and they had a report on homes in South Florida that were built with toxic drywall from China. One homeowner asked his bank for forbearance on payments, since he was having to rent an apartment as well. They refused.
In that case, if I were him, I would tell the bank to come get the keys. If they want to be hardball smurfs, be a hardball smurf back. Let the bank deal with the builder over the drywall issue, and then trying selling it afterwards. I have zero sympathy for any bank that would do this to a homeowner in this situation.
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#18 2009-10-27 9:45 am
Re: Self-foreclosure - the new fad
My dad broke his back and was laid up for over a year from a car accident right before I graduated high school and I had to start working immediately to try and help out, but they couldnt afford the mortgage, he was a sub contractor too and the person he had been working with had not made clear how the taxes were being taken care of and my folks had back taxes on top, so we ended up losing the house. My parents credit was n the dumper for a while, but eventually, they were able to buy again without much hassle, even with IRS hanging over their head (it lasted a long time, unfortunately).
"Live with your head in the lion's mouth. I want you to overcome 'em with yeses, undermine 'em with grins, agree 'em to death and destruction, let 'em swoller you till they vomit or bust wide open." -Ralph Ellison
"Overpower, overcome" -Cro-Mags
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#19 2009-10-29 2:10 pm
- D'Eyncourt
- OMGDICTATOR

- Registered: 2001-12-27
- Posts: 8798
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Re: Self-foreclosure - the new fad
Here is an interesting variation on this. In short: homeowner gets behind in her payments and files for bankruptcy, but when the mortgage company tries to file a claim to recover the home the judge finds that they do not have a clear title because of vagarities of mortgage-backed securities.
As this article points out: the homeowner will have a hard time trying to sell the home if and when she has to do that, but I wonder if this is the first part of a more general trend?
BOYCOTT SONY
"I think the question now is not whether you went to Vietnam or whether you didn't, whether you fought in the war or fought against the war. I think the only question is whether we can find a president smart enough never to make a mistake like that again"--Molly Ivins, way back in 1992
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#20 2009-10-29 2:52 pm
- JakeTheTall
- Cargo Cultist

- From: In Permanent Opposition
- Registered: 2003-03-13
- Posts: 9587
Re: Self-foreclosure - the new fad
Foreclosure and bankruptcy are two very different things.
Jesus said to the servants, "Fill the jars with water"; so they filled them to the brim. Then he told them, "Now draw some out and take it to the master of the banquet." They did so, and the master of the banquet tasted the water that had been turned into wine. He did not realize where it had come from, though the servants who had drawn the water knew.
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#21 2009-10-29 6:42 pm
Re: Self-foreclosure - the new fad
What really sucks are the people who move out, stop paying their mortgage, and rent the house out.
That should be criminal (if it isn't already). As in go to jail criminal.
In her right hand Jenny held the Bible of her mother
Jenny had a pistol in the other
-- Steve Taylor
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#22 2009-10-29 7:06 pm
- Pariah
- James Carville Fan..

- From: Belly Of The Beast, Oklahoma!
- Registered: 2001-05-24
- Posts: 18394
Re: Self-foreclosure - the new fad
resedit wrote:
What really sucks are the people who move out, stop paying their mortgage, and rent the house out.
That should be criminal (if it isn't already). As in go to jail criminal.
I hate it when that happens.
"and it's not surprising that they get bitter, they cling to guns or religion or antipathy to people who aren't like them or anti-immigrant sentiment or anti-trade sentiment as a way to explain their frustrations."
Barack Obama
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#23 2009-10-29 9:13 pm
- radarman
- Member
- Registered: 2005-02-28
- Posts: 3584
Re: Self-foreclosure - the new fad
D'Eyncourt wrote:
Here is an interesting variation on this. In short: homeowner gets behind in her payments and files for bankruptcy, but when the mortgage company tries to file a claim to recover the home the judge finds that they do not have a clear title because of vagarities of mortgage-backed securities.
As this article points out: the homeowner will have a hard time trying to sell the home if and when she has to do that, but I wonder if this is the first part of a more general trend?
Good. I hope she ultimately wins, and the bank gets to suck it.
Not because she necessarily deserves a bailout, but because banks need a reminder that responsibility works both ways. Maybe half a million down the toilet will cause them pause in the future. Doubtful, but it's a good start.
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