‘The Big Move’ is a MarketWatch column that looks at in and out of real estate, from navigating the search for a new home to applying for a mortgage.
Do you have a question about buying or selling a home? Want to know where your next move should be? Email Jacob Passy at TheBigMove@marketwatch.com.
Shortly before the pandemic, my husband accepted a job that required us to move out of the state; however, we have not had it yet due to telecommuting. My husband and I have two small children. Because of our teleworking, my in-laws have been keeping an eye on our children in our homes, and they often stay for several days at a time.
My husband and I have asked his parents to move in with us once we have moved. In theory, this is a good plan for everyone involved: free childcare for us, reduced expenses for them, and we all enjoy each other’s company.
The dilemma is that my in-laws are $ 50,000 underwater at their townhouse. The home has water intrusion and foundation problems that make it worth only around $ 100,000 at best. My father-in-law is a very disciplined man and does not think it is the right thing to go away. He thinks that continuing to pay mortgages is the best plan even if they do not live in the home.
A short sale, even if a buyer would be willing to take on the problems, would be detrimental to the savings they have. My husband feels that it is the best solution to go away and that they are taking the credit layer for foreclosure. They would stay with us and no longer have an obstacle to the mortgage payment.
In addition, my husband is the only child and the named executor of the estate. My husband realizes that when his father dies (he is 71) that home will be his problem to deal with. Should my father-in-law continue to pay or walk away? Are there other options we should consider?
Your letter is an important reminder that even at a time when home values are rising at a record pace, many Americans continue to owe more on their mortgage than their home is worth, also known as “being underwater” in a home .
Millions of Americans found themselves in this position in the wake of the subprime mortgage crisis that caused the Great Recession. But even though house prices have risen – in many cases to new all-time highs – 1.6 million homes are still in negative equity from the third quarter of 2020, according to the latest available data from CoreLogic
It represents approx. 3% of all mortgaged homes nationwide.
Walking away from an underwater home is bad advice no matter which way you cut it. And virtually any financial expert will advise your family to avoid it at all costs.
First, foreclosures are absolutely devastating to a homeowner’s credit score, and they remain in a person’s credit file for seven years. You might be thinking, what difference does that make? Well what if your new living arrangement does not work? Your family and your in-laws have only spent short periods of time together – it is very different from permanent cohabitation.
If your in-laws decide they need their own place, they may have trouble qualifying for a rental with the low credit score they would have after foreclosure. Are you and your husband ready to act as guarantors for them in such a situation?
Foreclosure is not a free out of jail-free card. You have written off the possibility of pursuing a short sale because it would hurt your in-laws’ savings, but that’s exactly what can happen with a foreclosure.
“Depending on the law in their state, the lender could foreclose on the loan, sell the property and sue the parents for a defective judgment – the difference between the sale price and the debt of the loan plus tax, insurance, fines and fees,” said Rick Sharga, a veteran of the mortgage industry. and CEO of real estate data firm RealtyTrac.
Do not miss: I plan to retire soon. Should we sell our home while prices are high – and rent for two years?
Federal law specifies that pension savings on company-supported pension accounts such as 401 (k) s are exempt from garnishing creditors in the event of a defective judgment. Some states extend the same courtesy to self-managed retirement accounts.
There are also moral and ethical considerations. Your in-laws signed an agreement with the mortgage lender, so it is understandable that your father-in-law feels obligated to end his termination of the agreement. Plus, research shows that foreclosures can lower property values for nearby homes.
What should I do instead? To begin with, you should all check if your in-laws are qualified for any kind of help to make the necessary repairs to their home to bring it up in a salable condition. If one of your in-laws is a military veteran, they may be eligible for assistance through Operation Homefront. Other resources they can explore for financial assistance include the National Association of Area Agencies on Aging and Habitat for Humanity.
I also think you should consider a short sale and see if your in-laws mortgage lender will accept a reduced amount to pay the mortgage. Servicers can still go after your in-laws for the remaining balance of the after-sales loan – even if it depends on the state – but as I said, so do foreclosures.
“Another option could be a ‘deed instead of foreclosure’, whereby they would hand over the house to the bank without going through the foreclosure process, perhaps in return for the bank’s promise to waive any defect,” said Eric Dunn, director of litigation. . by the national housing law project.
A short sale or a deed instead would affect your in-laws’ credit, but it would still be less serious than the hit they would get from a foreclosure. And with both options, you need the service company to agree.
What to do if you are underwater on your mortgage?
- 1 What to do if you are underwater on your mortgage?
- 2 How does foreclosure happen?
They could also always see if the lender would be willing to forgive them a portion of the loan’s principal balance. This may interest you : My in-laws are underwater on their mortgage and their home is in disrepair. Should they just walk away and move in with us?. This is unlikely, but the lender may be willing to be flexible – after all, foreclosures are expensive for mortgage lenders.
- Before your family makes any decisions, I highly recommend that you discuss your case with a real estate attorney or a HUD-certified housing counselor. These individuals could help negotiate the best possible solution with your in-laws lender to ensure they get out of this situation in better shape. I wish your family good luck.
- Read more: I am retired and do not live to see my mortgage paid. Do I need to refinance to lower my monthly payment?
- What are your options if your mortgage is under water?
- Option 1: Stay in your home and work to build more equity. …
- Option 2: Refinance your mortgage. …
Can I refinance if my house is underwater?
Option 3: Sell your house and use your savings to pay the amount you still owe. To see also : My in-laws are underwater on their mortgage and their home is in disrepair. Should they just walk away and move in with us?. …
What happens if you sell a house for less than you paid?
Option 4: Sell your home through a short sales process. On the same subject : My in-laws are underwater on their mortgage and their home is in disrepair. Should they just walk away and move in with us?. …
How does foreclosure happen?
Option 5: Shield your home.
Do banks want to foreclose?
You can not refinance your loan if you are underwater. Most lenders need you to have some capital in your property before you refinance.
Can you still live in your house after foreclosure?
If you sell your home, your mortgage’s debt is triggered on the sales clause, giving your lender the rights to demand full repayment of your loan. If your home is sold for less than you owed it, your lender may claim the difference from you.
Do you get any money if your house is foreclosed?
Foreclosure occurs when a borrower does not pay their mortgage payments and the lender or mortgage investor has to take the house back. Foreclosure can also occur when the homeowner does not pay their property taxes or homeowners association fees.