Is It a Good Idea to Turn to Foreclosure?

 

Due to the housing bubble crash and subsequent economic downturn, numerous Americans now face the reality of owning homes that are significantly undervalued compared to their initial purchase price. This predicament is particularly dire for financially distressed families, who may view foreclosure as the most viable recourse. Let’s delve into the specifics and explore alternative avenues.

Amid the housing bubble, many individuals were swept up in the fervor and invested in property. However, the aftermath reveals a stark contrast, with properties now worth substantially less than their purchase price. Various factors contributed to this downturn. During the bubble, extensive housing developments were constructed, many of which remained unoccupied, leading to vacant neighborhoods. Additionally, some previously populated areas experienced a decline in property values as homeowners turned to subprime mortgages, exacerbating the situation. Consequently, selling such properties, even at reduced rates, proves challenging, and renting them out becomes equally arduous.

Compounding the impact of the housing bubble’s collapse, widespread unemployment or reduced work hours have further strained household finances, making bill payments increasingly burdensome. Despite the allure of low-interest rates during the bubble, numerous American families, regardless of their financial stability, sought mortgages. However, with job security now precarious, meeting mortgage obligations has become a formidable challenge. The substantial depreciation in property values renders selling the house insufficient to cover the outstanding mortgage.

Foreclosure often emerges as the initial consideration in such circumstances, yet its ramifications merit careful consideration. Foreclosure leaves a lasting negative imprint on credit ratings, impeding future loan approvals and even rental opportunities, as landlords commonly require credit reports. Moreover, diminished credit options and potential tax implications further compound the fallout, particularly if mortgage payments have been consistently delinquent.

Despite its drawbacks, foreclosure offers the advantage of continued occupancy without rental expenses for a period determined by state regulations, providing a temporary reprieve. Additionally, negotiating new terms with the bank, especially in challenging markets, remains a viable option. However, caution is warranted, as instances of illegal foreclosures underscore the need for thorough understanding and vigilance.

For those hesitant about foreclosure, exploring a short sale presents an alternative. This entails reaching an agreement with the bank to sell the property for less than the outstanding loan amount, offering relief from financial burdens. Nonetheless, opting for a short sale can adversely affect one’s credit score.

Advisors typically counsel families in such dire straits to seek more affordable housing arrangements, such as residing with relatives or renting out the property. However, renting poses its own set of challenges, including potential issues with tenants leading to additional repair costs.

If renting out the property seems the most viable option, thorough research is imperative to navigate potential restrictions, such as those imposed by homeowner associations or local regulations. Consulting legal counsel is advisable, as each homeowner’s situation is unique, necessitating tailored solutions and informed decisions.

Determining Your Net Profits

 

When selling your home, it’s essential to recognize that you won’t take home the full sale price due to various fees and deductions. These expenses, which can amount to as much as 7% of the sale price, include commissions, taxes, and miscellaneous costs.

Determining your net profit involves understanding and accounting for these deductions. Your real estate agent will provide you with a Seller’s Estimated Net Proceeds worksheet upon receiving an offer. This document outlines all the costs that will be subtracted when you close the sale.

Here are some typical costs deducted from the sale price, though they may vary depending on your state:

1. Mortgage payoff balance, encompassing your home loan, second mortgages, and home equity lines of credit.
2. Loan payoff fee, an administrative charge from your lender to close your loan.
3. Lien release document fees for settling outstanding obligations like contractor payments, court judgments, or property taxes.
4. Prepayment penalties, if applicable for paying off your loan early.
5. Recording fees to show previous loans have been paid.
6. Commissions for agents, which is negotiable.
7. Notary fees for document verification.
8. Escrow fees for the protection of funds during negotiations.
9. Title search fees to ensure the property is free of issues.
10. Seller concessions, where a portion of the sale price is returned to cover the buyer’s closing costs.
11. Repair costs, either required by the buyer or lender.
12. Home warranty payments requested by the buyer.
13. Termite letter fees, if required by state regulations.

It’s crucial to consult your real estate agent to anticipate and prepare for any additional costs not mentioned here. This proactive approach ensures a smoother transaction and helps you accurately estimate your net profit from the sale.

12 Red Flags That Should Raise Concern

 

According to HouseMaster, a leading home inspection company with offices in over 390 cities across the United States and Canada, at least 40% of homes on the market have one or more major defects. Kathleen Kuhn, CEO and President of HouseMaster, notes, “Virtually every ‘used’ home needs some repair or improvement. That’s to be expected. But with today’s high prices, you want to be aware of any major problems in a house you’re considering purchasing and what it will take to fix them.”

Based on over one million home inspections, HouseMaster has identified the most serious home defects to watch for:

  • Aluminum wiring
  • Cracked heater exchange
  • Chimney settling or separation
  • Defective roofing and/or flashings
  • Environmental hazards (radon, water contamination, asbestos, lead paint, underground storage tanks)
  • Horizontal foundation cracks
  • Insect infestations (termites or carpenter ants)
  • Major house settlement
  • Mixed plumbing
  • Moisture in the basement
  • Undersized electrical system

Kuhn emphasizes that while most of these defects can be repaired, the cost can be significant depending on the severity of the damage, particularly if major systems are involved. This is an important consideration when buying a house. For example, a new air conditioning compressor might cost around $1,200, while fixing damaged plumbing in a basement could cost about $5,000. When negotiating the purchase of a house, ensure there is a provision to back out if the home inspection reveals too many or too severe problems.

Eric Tyson and Ray Brown, authors of “Homebuying for Dummies,” explain, “If the property inspectors find that little or no corrective work is required, you have little or nothing to negotiate. However, if inspectors discover that the $200,000 house you want to buy needs $20,000 of corrective work for termite and dry-rot damage, foundation repairs, and a new roof, big repair bills can be deal killers.”

If you decide to proceed with the purchase despite needed repairs, consider these options:

  1. Ask the seller to allocate sufficient funds in escrow for repairs, with instructions to pay contractors once the work is completed.
  2. Have the lender withhold part or all of the loan amount in a passbook savings account until the work is finished.
  3. Request the sellers to provide a credit for the repairs, although lenders may disapprove as there’s no guarantee the repairs will be made.

Hire a qualified home inspector, whose fee typically ranges from $250 to $400. Look for inspectors affiliated with organizations like the American Society of Home Inspectors or the American Association of Home Inspectors, which require members to meet professional qualifications and adhere to business ethics. You can also ask for referrals from friends.

Make sure you are present during the home inspection. The time and money spent on this is a wise investment. During the inspection, ask about potential problems to expect and warning signs to look for. Learn how systems work and how to maintain them. “A pre-purchase inspection is your best protection against buying a home based more on emotions than as a sound investment,” says Kuhn of HouseMaster.