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walk away, wait 3 years, can buy home, no problem


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2011 Mar 4, 3:52am   19,764 views  117 comments

by chip_designer   ➕follow (0)   💰tip   ignore  

I heard this phrase everywhere, blogs, forums, here

The housing peak was 2007. Then some early folks started to walk away in 2008.

So this year is the year those folks could "buy a home again".

Has this been done before, I wonder?

I was wondering how it really works, someone who walked away, then after 3 years, went to the mortgage broker/bank,
applied for the loan, bank ran the credit analysis, and the audit/processing people did not raise any flag "hey, you defaulted before, no worries, we will lend you again"

#housing

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75   klarek   2011 Mar 10, 2:23am  

MarkInSF says

klarek, I am afraid it is YOU that are revealing yourself as anti-capitalist here. A corporation is a founding cornerstone of capitalism, and it is meaningless if the shareholders are exposed to unlimited liability.

I did not in anyway suggest that people should model their behavior after the most unsavory corporations. I’m just as disgusted by you as somebody that took took out a massive HELOC during the bubble, spent it on vacations, and then walked or declared bankruptcy, but they are minority. I’m much more sympathetic to the majority that were not speculators or abusers of the breakdown in financial oversight, but just happened to buy at the wrong time.

I agree, and I don't think they're the same category. But neither is a victim in this case. The latter that didn't splurge on their equity still bought with little or no thought at all.

And there's nothing anti-capitalist about believing that people and corporations ought to live up to their fiscal obligations.

76   klarek   2011 Mar 10, 2:34am  

Mr.Fantastic says

You’re also painting people who bought homes between 2002-2007 as stupid sheep who can’t use a calculator. When someone makes $100,000, and takes a loan for $750,000, they know EXACTLY what they’re getting themselves into.

They probably spent more time picking out the furniture to fill their McMansion than they did looking at the market data to see if these prices were sustainable. For that reason alone they deserve zero sympathy.

77   MarkInSF   2011 Mar 10, 2:38am  

klarek says

And there’s nothing anti-capitalist about believing that people and corporations ought to live up to their fiscal obligations.

If you have a non-recourse loan, and you give the home to your lender, you ARE living up your fiscal obligations. That is they whole point of a loan being non-recourse.

A corporation exists to make money for it's shareholders, and they are shielded from any liability beyond their investment. There is nothing un-ethical or illegal in the slightest if turns out the investment is not making money for them, and they stiff their bondholders.

Border's Books filed for chapter 11 bankruptcy last month Their lenders are likely not to get all their money back. Are you seriously suggesting the owners of Border's are acting unethically? Should the shareholders of Border's "live up to their fiscal obligations" and pay the lenders?

78   fatblond   2011 Mar 10, 2:53am  

Mr.Fantastic says

klarek says

Mr.Fantastic says

You’re also painting people who bought homes between 2002-2007 as stupid sheep who can’t use a calculator. When someone makes $100,000, and takes a loan for $750,000, they know EXACTLY what they’re getting themselves into.

They probably spent more time picking out the furniture to fill their McMansion than they did looking at the market data to see if these prices were sustainable. For that reason alone they deserve zero sympathy.

That’s what I don’t get from people like MarkInSF, fatblonde, CL, and all the other defenders of people who buy stuff they can’t afford. Just because we’re talking about houses, it’s like their brains shut off, and people get all sympathetic for these credit abusers.
Would the story change if people like CL were buying Ferrari Modena’s and then fell behind on their payments? Would MarkInSF still be pushing his softy, estrogen laden, sympathy for these people who bought at the “wrong time”? I really do wonder.

What I don't get is why people continually try and have discussions or debates with people who so clearly ignores facts, reason, and compelling arguments out of what can only be described as an irrational need to argue that up is down and left is right.

You may be entitled to your own opinion, but you are not entitled to your own facts.

79   MarkInSF   2011 Mar 10, 3:09am  

Mr.Fantastic says

Hey GENIUS, Border’s is a BUSINESS ENTERPRISE. Investors who financed Border’s knew this going in. They invested money KNOWING that Borders may not succeed as a business, and all the risk that came with.

Yeah, and if you give somebody a non-recourse mortgage, you invest money KNOWING that if home prices fall the borrower can give you back to property with no further obligation, and all the risks that come with that.

How about if I start a corporation, the corporation buys a home to rent for profit. If it turns out I'm taking a loss from the business enterprise, is it perfectly OK with you if the corporation just declares bankruptcy and I give the home back to the lender?

80   tatupu70   2011 Mar 10, 3:12am  

Mr.Fantastic says

Since when is John and Jane Smith buying their personal residence at 10x their yearly income a business venture? Your reasoning gets stupider every time you post.

Loaning the money to them IS a business venture.

81   tatupu70   2011 Mar 10, 3:13am  

Mr.Fantastic says

Okay, let’s discuss the facts then shall we?
1) You bought a home you couldn’t afford.
2) You are attempting to ditch out on your debt obligation because of your irresponsibility.
3) You believe you should own a home, even though your recent history says otherwise.
That about sum it up?

Awesome. Do you just have that as a macro? So whenever someone shows you to be wrong, you just pull it up?

82   tatupu70   2011 Mar 10, 3:14am  

Mr.Fantastic says

A primary residence is NOT an investment, it’s a disposable good, like a car, like a watch, like a candy bar.

Really? Do you know what disposable means? Do you plan on throwing your house in the trash at some point?

83   tatupu70   2011 Mar 10, 3:15am  

Mr.Fantastic says

tatupu70 says


Mr.Fantastic says

Since when is John and Jane Smith buying their personal residence at 10x their yearly income a business venture? Your reasoning gets stupider every time you post.

Loaning the money to them IS a business venture.

Here comes stupid. Okay genius, when you bought your over priced dump in St. Louis based on you and your wife’s dual income, did you put primary residence on your loan application or not?

Completely moot.

84   tatupu70   2011 Mar 10, 3:19am  

Mr.Fantastic says

tatupu70 says


Mr.Fantastic says

A primary residence is NOT an investment, it’s a disposable good, like a car, like a watch, like a candy bar.

Really? Do you know what disposable means? Do you plan on throwing your house in the trash at some point?

Lots of people do just that. Why do you think homes are sometimes abandoned or bulldozed? It all depends on how much a person is willing to spend to maintain a home. Some people will maintain a home for decades, and then try to sell it to someone else (not much unlike a used car). It’s up to the person involved to decide how long they want to keep it like any disposable good.

Well, I asked YOU. When do you plan on bulldozing your house? (or more accurately, your parent's house)

85   tatupu70   2011 Mar 10, 3:21am  

Mr.Fantastic says

tatupu70 says


Mr.Fantastic says

tatupu70 says

Mr.Fantastic says

Since when is John and Jane Smith buying their personal residence at 10x their yearly income a business venture? Your reasoning gets stupider every time you post.

Loaning the money to them IS a business venture.

Here comes stupid. Okay genius, when you bought your over priced dump in St. Louis based on you and your wife’s dual income, did you put primary residence on your loan application or not?

Completely moot.

Exactly, because you know, and I know, you didn’t take out your over sized loan as an investment property which has different terms, and is actually taxed differently. You bought your over priced albatross as a primary residence. That’s why you won’t address the point because it sinks your point completely.

The problem is you can't keep on topic. You feel an overwhelming need to troll the board. I think it's some sort of personality disorder. In any event, the point is that a mortgage isn't a business to the family that owns it, but it most certainly IS a business endeavor for the bank that is loaning the money.

86   tatupu70   2011 Mar 10, 3:47am  

Mr.Fantastic says

tatupu70 says


Mr.Fantastic says

tatupu70 says

Mr.Fantastic says

A primary residence is NOT an investment, it’s a disposable good, like a car, like a watch, like a candy bar.

Really? Do you know what disposable means? Do you plan on throwing your house in the trash at some point?

Lots of people do just that. Why do you think homes are sometimes abandoned or bulldozed? It all depends on how much a person is willing to spend to maintain a home. Some people will maintain a home for decades, and then try to sell it to someone else (not much unlike a used car). It’s up to the person involved to decide how long they want to keep it like any disposable good.

Well, I asked YOU. When do you plan on bulldozing your house? (or more accurately, your parent’s house)

Let’s not get personal. I respect your right to privacy, respect mine. Stick to the topic.

That is the topic. When are you going to dispose of your house. You said it was a disposable good, so I'm just wondering when you plan on arranging the bulldozer?

87   tatupu70   2011 Mar 10, 3:49am  

Mr.Fantastic says

Exactly my point. You can’t compare an inflated mortgage abuser to the Border’s Corporation. It’s two different things.
I also agree it’s a business transaction for the bank, but how does that help your point, or Mark’s point, at all?

As usual you completely missed the point. The situation is exactly the same to the bank. Giving a loan to Borders or giving a non recourse loan for a primary residence.

88   tatupu70   2011 Mar 10, 4:03am  

Mr.Fantastic says

tatupu70 says


As usual you completely missed the point. The situation is exactly the same to the bank. Giving a loan to Borders or giving a non recourse loan for a primary residence.

No it’s not. Border’s is a business enterprise. John and Jane Smith are a couple buying a home. Two different situations.

Yes, every situation is different. But from the bank's point of view, concerning the loan, they are really the same.

89   tatupu70   2011 Mar 10, 4:04am  

Mr.Fantastic says

tatupu70 says


That is the topic. When are you going to dispose of your house. You said it was a disposable good, so I’m just wondering when you plan on arranging the bulldozer?

I’ll answer that when you tell me when are you going to put your wife on a diet? Trust me she needs it.

Good one. So is your house a disposable good or not? And if so, when are you disposing of it?

90   xrpb11a   2011 Mar 10, 4:22am  

shrekgrinch says

Whats our bank you do have money in?

what is this?? Doublespeak? Or are you one egg short of a 12 inch quiche??

91   MarkInSF   2011 Mar 10, 4:40am  

Mr.Fantastic says

It’s not an investment genius! When you sign a document for a loan, you state whether the property is your primary residence or not. The rates and loan requirements are completely different between someone buying a primary residence and someone buying an INVESTMENT property.

Obviously they are not completely the same, but your statement that they are "The bank looks at them totally different" is false. In the non-recourse nature of the loan, they are exactly the same. And from a legal and ethical stand point, defaulting on the loan and giving the property to the lender is exactly the same in each situation.

92   xrpb11a   2011 Mar 10, 4:45am  

klarek says

. About as logical as drinking cyanide to teach your body to repel it”.

Given evolutionary forces and enough bodies, bodies would eventually repel it you ignorant bowelstructure....

93   tatupu70   2011 Mar 10, 4:52am  

Mr.Fantastic says

No it’s not. The bank looks at them totally different. Seriously, go into a bank, and try to get a loan for a business venture, and then go and try to get one for a primary residence.

I'm sorry that your idea for a business was so bad that the bank laughed you out of the office, but that really isn't relevant to the discussion.

People who have done their homework and have a good business plan can and do get loans. The bank evaluates the business to see if they think it will make money and be able to pay back the loan, just as it looks at the credit history of someone applying for a home mortgage to see if they will be able to afford to make the monthly payments.

94   tatupu70   2011 Mar 10, 4:53am  

Still waiting on the date for the bulldozer....

95   xrpb11a   2011 Mar 10, 5:11am  

Mr.Fantastic says

tatupu70 says

Mr.Fantastic says

Since when is John and Jane Smith buying their personal residence at 10x their yearly income a business venture? Your reasoning gets stupider every time you post.

Loaning the money to them IS a business venture.

Here comes tatupu the jester. Okay genius, when you bought your over priced dump in St. Louis based on you and your wife’s dual income, did you put primary residence on your loan application or not?

Here comes Fantastic, the court dickhead, desperately trying to change the subject after having the 'business venture' argument thrust up his ass with a size 16 army boot....

96   tatupu70   2011 Mar 10, 5:18am  

Mr.Fantastic says

Seriously, spend your time thinking about your own life, instead of mine.

There are lots of good ideas out there. Keep trying--maybe next time you'll come up with something worth funding and you can move out of your parent's basement....

97   tatupu70   2011 Mar 10, 5:40am  

Mr.Fantastic says

See the difference is you know the stuff I’m saying is true because the evidence is out there for anyone to see because you’re simply too open about your personal life on Patrick.net.
Not very smart to leave personal information about your wife so blatantly in the open.

lol. All I've said on Pat.net is that I'm married. The rest is pure speculation on your part. You probably did a google search on tatupu and think you've done great detective work. Well done.

I know you Irvine types are tough, but I'm not too worried.

98   Patrick   2011 Mar 10, 8:05am  

Bzzzzt! Time out. Too many personal insults.

In fact, any personal insults are too many and I will delete them.

99   American in Japan   2011 Mar 21, 5:17pm  

Getting back to the main thread, which is an interesting one. Any other cases of walkaways buying a home after the 5 years of "credit prison"? I wonder how much it is actually happening. I just don't know for the case of the US, but out here it doesn't happen.

100   klarek   2011 Mar 21, 11:47pm  

American in Japan says

Any other cases of walkaways buying a home after the 5 years of “foreclosure prison”?

I know somebody that bought, did at least TWO equity extractions, short sold in 2007, and bought again late in 2009 (a foreclosure). He's pretty much your quintessential deadbeat shithead that wouldn't hesitate to take out another large chunk of equity if he weren't underwater again.

101   American in Japan   2011 Mar 22, 12:34am  

The equity extractions should still be recourse. Can the banks garnish his salary?

102   klarek   2011 Mar 22, 12:51am  

American in Japan says

The equity extractions should still be recourse. Can the banks garnish his salary?

I guess he got the banks to agree to let it go. He bought close enough to the peak that it wasn't a huge amount (like $30k a pop), and probably paid them so much in closing costs for each dip that it wasn't a total loss for them. Needless to say, he lived to fight and purchase another day. Yay America.

103   thomas.wong1986   2011 Mar 22, 10:33am  

The housing peak was 2007. Then some early folks started to walk away in 2008.
So this year is the year those folks could “buy a home again”.
Has this been done before, I wonder?

5-7-10 years later or more, your financial history does not just disappear. Its pretty much there for your life time and even more. Welcome to the information revolution.

Best that can be said. is a hacker destroys all records and all the back up tapes/disks.
Not a chance that will happen.

104   bubblesitter   2011 Mar 22, 10:47am  

thomas.wong1986 says

The housing peak was 2007. Then some early folks started to walk away in 2008.

So this year is the year those folks could “buy a home again”.

Has this been done before, I wonder?
5-7-10 years later or more, your financial history does not just disappear. Its pretty much there for your life time and even more. Welcome to the information revolution.
Best that can be said. is a hacker destroys all records and all the back up tapes/disks.

Not a chance that will happen.

Banks are not going to lend. Maybe Obama will.

105   fatblond   2011 Mar 23, 2:52am  

If you look at this issue strictly from a numbers perspective, there are far to many people that have or will have foreclosures on their record for banks not to lend to them after some period of time, walk aways or not. The housing crash has affected everything and a foreclosure/shortsale/bankruptcy will mean less than it would have before the bubble. The problem now is that the banks aren't lending for residential property like they once did, and for good reason, the market hasn't stopped going down for many areas. Once it bottoms, appropriate underwriting standards will kick in, true borrower risk will be assessed, and things will achieve some equilibrium moving forward. At worst I think a person who walks away may face the prospect of a higher interest rate and larger down payment. I remember a client saying that he bought a house after a bankruptcy and all it meant was he didn't get the low interest rate right away....he just had to refinance a year or two later.

As a reference point, Banks already are finding ways of loaning to strategic defaulters. http://www.irvinehousingblog.com/blog/comments/banks-encourage-strategic-default-by-reducing-fico-impact/

106   klarek   2011 Mar 23, 3:14am  

fatblond says

If you look at this issue strictly from a numbers perspective, there are far to many people that have or will have foreclosures on their record for banks not to lend to them after some period of time, walk aways or not.

Proven deadbeats won't be high on their list of "I must have this customer," despite whatever you're wishing will be the case.

fatblond says

At worst I think a person who walks away may face the prospect of a higher interest rate and larger down payment.

This is probably true. Better start saving.

107   ch_tah   2011 Mar 23, 4:00am  

klarek says

I know somebody that bought, did at least TWO equity extractions, short sold in 2007, and bought again late in 2009 (a foreclosure). He’s pretty much your quintessential deadbeat shithead that wouldn’t hesitate to take out another large chunk of equity if he weren’t underwater again.

klarek says

Proven deadbeats won’t be high on their list of “I must have this customer,” despite whatever you’re wishing will be the case.

Don't these two comments conflict?

108   zzyzzx   2011 Mar 23, 4:35am  

Mr.Fantastic says

I wouldn’t put money into a bank that would allow a defaulter to get another loan merely 3 years after they ran away.
The minimum should be 10 years.

So then you are going to stuff your money in a mattress?

109   klarek   2011 Mar 23, 4:57am  

ch_tah says

Don’t these two comments conflict?

Only if you don't know the difference between a short sale and a foreclosure.

110   ch_tah   2011 Mar 23, 5:02am  

klarek says

ch_tah says

Don’t these two comments conflict?

Only if you don’t know the difference between a short sale and a foreclosure.

I guess I equated the two since you did - deadbeats.

111   klarek   2011 Mar 23, 5:24am  

ch_tah says

I guess I equated the two since you did - deadbeats.

I knew the guy and he was a deadbeat before he bought his first place (which I urged him not to). No bank exceptions were made to make deadbeat short-sellers like him able to buy again. So when I said that proven deadbeats won’t be high on their list of "I must have this customer", there's nothing contradictory there.

112   ch_tah   2011 Mar 23, 5:56am  

klarek says

ch_tah says

I guess I equated the two since you did - deadbeats.

I knew the guy and he was a deadbeat before he bought his first place (which I urged him not to). No bank exceptions were made to make deadbeat short-sellers like him able to buy again. So when I said that proven deadbeats won’t be high on their list of “I must have this customer”, there’s nothing contradictory there.

Okee dokee.

113   fatblond   2011 Mar 24, 1:46am  

ch_tah says

klarek says

ch_tah says

I guess I equated the two since you did - deadbeats.

I knew the guy and he was a deadbeat before he bought his first place (which I urged him not to). No bank exceptions were made to make deadbeat short-sellers like him able to buy again. So when I said that proven deadbeats won’t be high on their list of “I must have this customer”, there’s nothing contradictory there.

Okee dokee.

I love it.

To think of Banks as some monolithic entity moving in lock step is silly. Some Banks won't lend to sub prime borrowers ever again. Some will. Some will not lend to those with Short Sales and Foreclosures and Bankruptcy on their credit reports. Some will. It doesn't matter whether they are "high" on the list or not. The shear volume of people that will have scarlet letters on their credit report will create a market which some Banks will earnestly exploit.

As I said, they will make profits by charging higher rates and they will cover risk by better underwriting and asking for higher down payments.

114   American in Japan   2011 Mar 25, 1:15am  

@Mr.Fantastic

>As they should. 50% down and 18% sound about right.

LOL.!..getting better. OK Mr. Fantastic, I'm unignoring you and I will read more if you don't go back to the foul name calling like before...

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