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What should I do?


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2010 Nov 23, 6:36am   13,614 views  60 comments

by CL   ➕follow (1)   💰tip   ignore  

I bought in march of ’06, with a Jumbo 7 year arm, and a 5 year HELOC. The HELOC is maturing in March. Wells has been unresponsive, and my wife and I are employed. House is underwater in Oakland, by maybe 200K, (it was 784K in 2006), and the bank told me that I would “technically” need to pay the HELOC (105k) in March.

What are the normal options for us? Shortsale, foreclosure…anything else?

I know I can walkaway, right? Is that what you’d think I should do?

(Additional info: I paid 40K down, plus improvements of 30K or so. Interest rates are 6.25 and 7ish for the HELOC. Talked to Wells yesterday, and the Representative said the best they would do if I turned in my paperwork was to maintain the same interest rates but extend the terms on the HELOC).

Thanks to anyone for any and all advice, not the least of which would be to whom--outside of this forum-- do I turn for help in the decisions?

#housing

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44   CL   2010 Dec 1, 3:59am  

Ha...of course. I don't mind pointing out hypocrisy and sanctimony, but I guess there's no point really. Will there ever be rapprochement with the laissez-faire types? Doubtful, but they can enjoy their "Atlas Shrugged" childrens' books to pass the time!

45   CL   2010 Dec 1, 4:00am  

And thanks, cvoronin91335! I'll try to wear my "capitalist" hat.

46   CL   2010 Dec 1, 5:13am  

The broker insisted (and I'm not exonerating myself), but his words were "7 years is a lifetime in real estate"!. Truer words never spoken, eh?

What's more ridiculous, that I got one or that they offered them? :)

47   corntrollio   2010 Dec 1, 6:12am  

Walking away is a contractual remedy. Plenty of big-name commercial developers do it all the time, so why shouldn't you? I don't know why people see this as a moral issue when it's an individual and "efficient breach of contract" when it's a corporation.

The banksters were hoping you would refi while the bubble was going on, so it's not like they weren't complicit in this. You speculated and lost, but so did the banksters.

"but his words were “7 years is a lifetime in real estate”!."

Brokers are generally uneducated idiots. A 5-7 year hold is a great way to pay lots of fees to realtors, mortgage brokers, and banksters and is basically speculation since you're depending on appreciation to cover transaction costs.

48   CL   2010 Dec 1, 8:18am  

Thanks Controllio,

I agree, and when it's a corporation and there are shareholders involved, it would be negligent to not do whatever they could to get out of the contract. They have a duty and responsibility to do what's in their own best interest.

Agree on the brokers. In my years, I see so few people who actually earn their paychecks, much less substantial ones like these fools get.

But, at least they gave me a cheap bottle of Champagne on closing! (I think I still have it) :)

49   CL   2010 Dec 8, 8:06am  

Sorry for the somewhat late response. I appreciate the kind words (and the not-so-kind), and of course, welcome any new comments.

I hired a lawyer, but haven't used him (although I DID pay him, :) )

My loans are both with Wells, the big loan is a Jumbo, and my credit card and checking is with USAA (which is a special bank for military, veterans, and their families--point being, they are out to help their members, unlike most banks--I doubt they would do anything negative to me in solidarity with the banksters).

50   American in Japan   2011 Feb 17, 7:25pm  

@CL

How did it turn out? (if you wouldn't mind saying). In any case I hope the best for you.

51   joshuatrio   2011 Feb 18, 1:04am  

Mr.Fantastic says

I don’t know about “ethical” or not, but you signed up for a 7 year Jumbo arm, that in itself just seems ridiculous.

+1

52   bubblesitter   2011 Feb 18, 1:06am  

joshuatrio says

Mr.Fantastic says

I don’t know about “ethical” or not, but you signed up for a 7 year Jumbo arm, that in itself just seems ridiculous.

+1

Yeah but his realtor told him, "you can always refi or sell at profit"!

53   bubblesitter   2011 Feb 18, 1:54am  

Mr.Fantastic says

He can if he holds the house until 2027 (maybe).

He may try to squat until then.

54   Journalista   2011 Feb 18, 2:49am  

Either you are educated about UN planning or you are not. If this is a new topic for you, and you want to relieve yourself of guilt from walking away, then become educated in UN structure, legislation and long-term global planning.

One of many sources on this topic:
http://sovereignty.net/p/land/unproprts.htm

Communitarianism (a cross between socialism and communism where individual rights are second to those of the community) seeks land ownership by the community instead of the individual, much the same way a community "soviet" operated in the former USSR. Additionally and related, the "sustainable development" movement, which is very active in local communities worldwide, is directly connected to long-term UN planning.

Niki Raapana is an investigative journalist and she has been following and documenting this movement for several years. Her blog is at --
http://nikiraapana.blogspot.com/

Joan Veon (recently passed away), an expert on the UN, also documented the same thing --
http://www.newswithviews.com/Veon/joanA.htm

Good luck, and please don't feel like a "dead beat." The dead beats of society are the individuals who willfully choose to ignore UN planning and its effects on communities worldwide. Realize that the UN's two financial arms are the World Bank and the IMF, and you begin to understand where the profit motive comes from.

I realize this post will be mocked and ridiculed, but if you can manage to ignore the "consensus opinion" for a moment and take time out to do the research, you will find that this information is spot on.

55   tatupu70   2011 Feb 18, 3:21am  

Journalista says

I realize this post will be mocked and ridiculed, but if you can manage to ignore the “consensus opinion” for a moment and take time out to do the research, you will find that this information is spot on.

I'm assuming you are the same person that has posted the same stuff a few times before. I'll ask again--instead of making everyone do all the research themselves, why not share what you found?

What specifically is the UN/World Bank/IMF doing? How are they moving the world towards Communitarianism? Are they buying up properties? Where?

Notice--I'm not mocking. Just asking serious questions.

56   tatupu70   2011 Feb 18, 3:24am  

Mr.Fantastic says

tatupu is the only guy I know who is dumb enough to argue with a spam bot.

back to trolling again, huh? Obviously your reading comprehension is on the low end of the spectrum if you think I am agreeing...

57   MinnItMan   2011 Feb 22, 12:25am  

To clarify - one major reason I don’t like short sales is that they can easily end up as foreclosures, anyway, after the buyer or successive buyers walk away in frustration of not getting a close-able offer approved. In the meantime, a lot of wasted effort and angry people. I am told by people whose judgment I trust that the credit reporting difference between foreclosure and short sales is a proprietary secret, but from an analyst’s point-of-view (that is, a new lender) it is negligible.

At the same time, the lengthy repo period for the lender on your current place is the only remaining benefit of ownership to you. Just because nobody ever pointed that out in selling the “benefits of ownership” doesn’t mean it isn’t a huge one.

You really need an answer for this question, I believe: if the first mortgage forecloses, and the second note becomes unsecured debt, what happens? IMO, whether it’s “recourse” or not is not the issue, because that second note is now unsecured (the foreclosure process has extinguished the mortgage lien or deed of trust security, but not the debt itself), and to the extent that it is collectable, it’s only collectable through you personally. It appears that you really want to avoid having to do a BK at the end of this.

I don’t know about California law, but there are plenty of lawyers licensed there who do. Realtors push short sales because of the 6% at closing. A short sale may make sense if you can get it approved without executing a new note (but do buyers want that type of contigency? I don’t know in your market), but a few thousand to get a sense of your real options from a knowledgeable consumer-side real estate finance attorney (description chosen carefully here) is worth it, IMO.

This was posted on the first link, and my points appear to have alread been made by others, but reposting anyway, FWIW.

58   MinnItMan   2011 Feb 22, 12:36am  

"The HELOC was used to buy the home, so wouldn’t it be treated the same as the Jumbo?"

No. A common misconception. It's only treated the same way in the event that it forecloses, that is, the second deed of trust holder forecloses on its 2nd, which is relatively rare, because it takes subject to the first deed of trust and must then take over paying it. That you have identical lenders for the 1st and 2nd is a nuance here, that probably is not that important as a practical matter.

See my post above.

59   MinnItMan   2011 Feb 22, 12:48am  

"a knowledgeable consumer-side real estate finance attorney (description chosen carefully here)"

"Real estate attorney" is a broad category. For example, a specialist on planning, zoning and development or boundary disputes may not know anything about consumer real estate finance.

60   Hysteresis   2011 Feb 22, 1:08am  

Mr.Fantastic says

tatupu is the only guy I know who is dumb enough to argue with a spam bot.

rofl

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