Help! My mortgage is adjusting!
REThink Real Estate
By Tara-Nicholle Nelson, Wednesday, June 11, 2008.Q: My mortgage was fixed for five years and is set to start adjusting in five months. I talked with my mortgage broker and she said that my payment will go up by about 40 percent at that time, which I certainly cannot afford. She ran some comps and told me that I owe $100,000 more on my home than it is currently worth. Her advice was that I should buy another, lower-priced home right now, and then just stop making payments and let the bank foreclose on it. Should I walk away from my home?
A: No. The only thing you should walk away from right now is your mortgage broker.
Mindset Management
I commend you for staying conscious of what's going on with your mortgage and trying to make proactive efforts to handle the upcoming mortgage payment adjustment in advance. Those who wait until the adjustment has already happened end up in desperation and panic -- not a fun place to be.
Owning a home is a very grown-up thing to do, and if you are sufficiently mature to own a home -- either your current one or a future home -- then you are certainly mature enough to deal with the consequences of some less-than-perfect mortgage decision-making. There are many options for proactively dealing with your impending mortgage adjustment short of abandoning your home. It would be a major step in the right direction for your relationship with money and your personal financial and emotional maturity for you to take responsibility for the consequences of your past decisions and pursue those options before throwing in the towel.
There's an old saying to the effect of "the way you do one thing is the way you do everything." I don't think this is always true, because I believe that every one of us can find examples of times when we have made smart or dumb decisions, acted quickly or procrastinated, and been kind or mean. But with that said, in certain areas of our life we tend to act out certain patterns of behavior over and over again. Consider this -- in your personal financial decisions, do you often find yourself backed into a corner and looking for an escape route? Many homeowners who just "walk away" from their homes are simply acting out one more instance of a lifelong cycle of overextending themselves, then bailing out. Consider taking this opportunity to break this cycle, and then harnessing the learning you gain and the momentum you create to become a more educated, savvy and deliberate mortgage and financial decision-maker in the future.
Your mortgage broker's advice was intended to position you against the worst-case scenario. What if you tried to project the best-case scenario and did everything in your power to manifest that outcome? That requires a big mindset shift, but I've seen homeowners do it, and end up keeping their homes or selling them -- both of which are preferable options to walking away.
Need-to-Knows
Foreclosure is definitely your worst-case scenario. Whether you walk away from your house or try to resolve things with your lender, foreclosure will result in not just a smear on your credit report, but a major decrease in your FICO score sufficient to prohibit you from buying another home for several years and to cause your credit-card companies to start closing your accounts. The answer to this is not to simply buy a new home ahead of time; frankly, if you are that overextended, I'm not sure how feasible it is for you to obtain financing on a home right now, and it is a morally bankrupt move to plan so strategically to abandon your obligations under one mortgage and attempt to avoid the consequences of doing so in one fell swoop. You might not have expected to hear this coming from a Realtor/attorney, but it just ain't the right thing to do.
Rather, the ethically, morally and financially responsible move is to put into play a foreclosure-avoidance action plan, and then work that plan. It's a hackneyed turn of phrase now to say that banks really don't want to foreclose on your home. Recent history has shown that banks are institutions, not people, and sometimes move very slowly to assist borrowers seeking to avoid foreclosure even when avoidance is an institutional priority. However, there really are homeowners out there having success avoiding foreclosure, and you should try to join their ranks before just throwing up your hands.
Homes are not disposable. The fact that you currently owe more on your home than it is worth is not sufficient justification for abandoning your home. I know many homeowners who once were upside down, but stayed in their home for another 10 or 20 years, and now that same home is worth three or four times what they paid for it. Take a long-term view on the value of your home, and don't toss it away like you would Enron stock certificates; unlike those shares, your home's value will come back over the long haul.
Action Plan
Here's a step-by-step action plan to take in the event that your mortgage is about to start adjusting.
1. Try to refi. If you are worried about being upside down on your home (i.e., owing more than it's worth), you might need to assess how sustainable this home is for you. If you simply bought way more home than you can ever realistically afford with a reasonable mortgage, you should jump straight to #3 and try to sell your home. If other events, like a temporary loss of income, are making it difficult for you to afford your home now but you think you can afford it over the long haul, work with an ethical mortgage broker to see if it makes sense for you to refinance your mortgage, and whether any affordable mortgage options that are sustainable over the long term are available to you.
2. Loan modification. Call your lender!! Ask for the loss mitigation department; put together the hardship package they request (usually a bunch of your financial paperwork to show that you really can't afford the upcoming adjustment); and then try to negotiate a few months with no payment, a reduction in the balance of your loan based on fair market value, an extension of the low-payment period for several more years, a reduction in interest rate, etc. Lenders vary widely in their amenability to making these sorts of arrangements.
3. Get extreme about increasing your income. If you truly want to keep your home, consider going to extremes. I've seen people avoid foreclosure by renting out rooms, taking second jobs or taking in freelance work on the side.
4. Short sale. If you just bought way more home than you can ever realistically afford, trying to liquidate your home through a short sale is a great option. Work with a Realtor who has experience successfully representing sellers in short sales. I've even seen homeowners have real estate investor friends purchase their home through a short sale, which may give the seller the opportunity to lease and later buy the home back.
Responsibility is the ability to respond, not the ability to run from your problems. The savvy way to respond to your situation is to exhaust the above ethically and financially responsible options before your mortgage adjusts. If you don't, you risk reinforcing a pattern of financial irresponsibility, and ending up in a similar place -- overextended and looking for an escape route -- several years down the road.
Tara-Nicholle Nelson is author of "The Savvy Woman's Homebuying Handbook," and "Trillion Dollar Women: Use Your Power to Make Buying and Remodeling Decisions." Ask her a real estate question online.
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Submitted by Jack W. Dopp on June 12, 2008 - 8:13am.
Jack W. Dopp
My partner has a branch loan office offering FHA loans. A couple weeks ago he told me that someone having a foreclosure, a short sale, or a bankruptcy [all classed as the same] can get an FHA loan two years after the fact. I in fact can get homeownership to any party the day after a foreclosure, short sale, or bankruptcy using a landtrust--tenants can write off their rental payments as owners. I'd love to be challenged. Grampa Jack
Submitted by Drew & Christine Morgan on June 12, 2008 - 9:26am.
Many of the investors, who view owning property as an investment vehicle akin to stocks, should apply the same exit strategy—you don’t walk away from a down stock and give it back to the issuer.
Submitted by Victor R Gomez on June 12, 2008 - 11:14am.
That is interesting in regards the action plan advice: For one thing the Q? tells you that he is opt side down by $100k, so how can you advice to re-fi that is absurd, you already know that is impossible no bank will lend you anything. I disagree with the advisor on this case. The only viable solution is the second comment: Loan modification
Submitted by Rick Belben on June 12, 2008 - 12:01pm.
Tara I agree with you in regards to dumping the mortgage broker. There is a thing called ethics.
Refinancing and being 100k underwater is out of the question so definetely the loan modification would be the best shot or a short sale.
Rick Belben
Amerivest Realty of Central Florida
Orlando Real Estate
Orlando MLS
Submitted by Michael Espiritu on June 12, 2008 - 1:45pm.
Michael Espiritu
If the borrower is already in a $100,000 negative equity position the likelihood of a refinance is nil. Advising that a refi is possible is wishful thinking at best and horrible advice at worst.
A short sale may be a workable solution if there is no second or if the second is the same bank as the primary mortgage. The bank will determine if the loss is worth a short sale. I believe the chance of a short sale actually going through is about 2 in 10. The 2 out of 10 that do go through will most likely have a deficiency amount of less than $50,000.
Loan modification could work if the lender is willing to take a loss on the loan. That is a viable solution to every lender if the borrower has not had a decrease in income. The problem we see is that the lenders, asse managers,servicing companies are inundated w/ requests to modify loans, accept short sales, etc. that the amount of time it takes to accept is 3-5 months. The resolution department does not know what the modification department is doing and it goes on ad nauseum.
Many people obtained bad loans and did not think about what happens when rates adjust. Don't sign anything you don't understand and have read. We have a huge mess on our hands and we have not seen the worst of it yet.
The purging of the industry was needed and responsible brokers will advise clients as to the affordability of a certain property for their clients. There is so much more to owning a home than just having the down payment. Why would anyone want to get someone in a home they are almost guaranteed to lose within 2-5 years?
Servicing the client will alwys keep you employed. Shoddy business practices will ensure your exit out of the industry.
My advice to the columnist is stick to law and let experienced, knowledgeable brokers and agents give real estate advice that is actually beneficial.
Submitted by Wenceslao Fernandez Jr, BS, Realtor, CDPE on June 12, 2008 - 2:26pm.
Awesome response. All very valid must dos.
Note however that typically for a short sale to work, there's a little thing called "hardship".
This homeowner would have to be in a hardship situation in order for the lender to accept less than it is owed to them.
However, if the interest adjustment or reset will cause you a hardship and you are at the end of your rope, unable for one reason or another to both, cut expenses and increase income, then perhaps you should consult with a local professional Realtor who has earned the designation of a Certified Distressed Property Expert in order to better determine your course of action.
Selling the property rather than letting it go to foreclosure or having to give it back in lieu of foreclosure is a much better alternative to entertain.
However, as advised above, consult with a professional AND communicate with the bank. Often, they are not programmed to give you the out you'd want, but together with your Realtor, you could find a solution that works for you and them.
www.MiamiRealEstateKing.com
Certified Distressed Property Expert
Miami-Dade County, Florida.
Submitted by Peter Contostavlos on June 12, 2008 - 2:30pm.
Michael is a bit cruel in his last comments to YOU about sticking to the law and letting brokers and agents give the advice. I believe you indicated in your response that you ARE an agent as well as an attorney. Mike, chill out. Sounds like her broker is a bit shady.
Anyway, I also disagree with your suggestion to refi. This will only work when there is positive equity. The homeowner did indicate she was upside-down in her mortgage. Her best bet is to try to work with her lender to modify her loan in some way. The lenders do NOT want her home, they want the money. Most are taking the position that most of the money is better than none at all. It will take quite a while to work through with the lender but she did say she has 5 months before her rate resets. So she should get on the phone with the loan servicer NOW, she has time on her side right now. More than likely she will be able to work something out to allow her to keep her home. However, if the broker she used lied about her income or debts in order to qualify her, and he sounds like he is the type to do that, she may find herself in a short sale or worse, a foreclosure situation.
Your advice was mostly correct as most homeowners are too afraid or ashamed to call their lender (not the broker) to ask for help. CALL THE LENDER OR YOUR LOAN SERVICER AS SOON AS YOU KNOW YOU HAVE A PROBLEM!
Submitted by Alex Charfen on June 18, 2008 - 4:32am.
I agree with the last two comments. In many cases borrowers have no other option than to turn to a short sale.
It is absolutely unnecessary for the first and second mortgages to be with the same lenders for a short sale to be approved. This advice is wrong at best and negligent at worst. The reality is that many homeowners who are in a challenging mortgage situation hear advice like this from an uneducated agent who has unfortunately heard it from someone else. The problem is the majority of homeowners will stop looking for solutions at that point - don't be the agent that pushes a homeowner into foreclosure by giving them the wrong info.
Right now as agents we need to help homeowners in need and work with them to alleviate their situations. There doesn't need to be any judgment of the homeowner. Become homeowner centric and help as many people as you can. You will find yourself at the top of a declining market with a database that will keep you going you for years.
We are training agents that are closing over 80% of the short sales they submit (regardless of how many mortgages there are). Those interested in real information about today's market and the options homeowners have, including non sale options visit www.cdpenow.com.