Welcome to City-Data.com Forum!
U.S. CitiesCity-Data Forum Index
Go Back   City-Data Forum > General Forums > Real Estate > Foreclosures, Short Sales, and REOs
 [Register]
Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
View detailed profile (Advanced) or search
site with Google Custom Search

Search Forums  (Advanced)
Reply Start New Thread
 
Old 01-12-2011, 08:41 PM
 
3 posts, read 9,404 times
Reputation: 13

Advertisements

I live in California (just retired) and have a good credit score (750+).

About 5 years ago, I made a bad investment and purchased a condo in Phoenix, AZ for 164k. It is now worth about 45k. My line of credit is 132k

I tried to sell it while I was still working, but was making too much to be considered for a 'short sale'. But, now I am stuck. I have a tenant who is not paying the full months rent every month.

I get conflicting informaiton. I called someone in Arizona who said Short Sale is the way to go (they were doing short sales). I was told then the bank couldn't come after me.

Today, I met with a lawyer in person who said the bank would in no way approve a short sale. He said to do a foreclosure and the bank would not be able to take my house or retirement because BOTH California and Arizona have the "anti-deficiency" law.

I came home from the lawyer, encouraged, but he is a California lawyer and when I searched online I found all these 'exceptions' to the law in AZ that the attorney may not be aware of.. From who untilizes the condo to the law not applying to someone who took out a 'line of credit'.

I am SO confused. I paid the lawyer $120 for the information and I am more confused now.

How do I protect my house in California (which I still owe 260k on and is worth 500k) and my retirement?

The attorney was very sure that I would not be approved for short sale, so I am STUCK..

Please help
Reply With Quote Quick reply to this message

 
Old 01-12-2011, 10:35 PM
 
Location: Just south of Denver since 1989
11,833 posts, read 34,460,220 times
Reputation: 8991
First read your mortgage.

Most of what I know, is that retirement accounts are protected, in these matters.

You will probably have to pay the IRS tax on the phantom income, of released debt.

If you are worried about a property in AZ, why did you speak with a CA attorney?

Have you talked to the lender about a deed in lieu?
Reply With Quote Quick reply to this message
 
Old 01-12-2011, 10:52 PM
 
Location: Tempe, Arizona
4,511 posts, read 13,588,701 times
Reputation: 2201
You should talk to an AZ attorney.
Reply With Quote Quick reply to this message
 
Old 01-13-2011, 03:46 PM
 
Location: New York
2,251 posts, read 4,918,802 times
Reputation: 1617
Quote:
Originally Posted by Irishgem11 View Post
..... I am STUCK..
My $00.02

Lets break down your situation...

I understand your goal, wanting to unload your investment property in AZ. Don't worry - there is nothing connecting your primary home in CA. Deficiency Judgments are not allowed in Arizona, loans are secured with the property.

I respect you - having a good credit score is a sign of a responsible person. I want you to get the word "Foreclosure" out of your mind. That is the worst thing you can do for your financial future!!!

The person is correct about getting approved for a short sale - the lender will denied you because you can afford it and there is no sign of a hardship. Even if you were approved, there's no guaranty it well to sell.

The next alternative is a Deed in Lieu - two things happen simultaneously, (1) a loan modification is attempted to lower the payment, (2) the property is listed for 90 days in attempt to sell. If it can be proved you can no longer afford the mortgage payments, and the property doesn't sell. You can immediately walk free and clear.

The key is showing the bank your income has been reduced. Showing the Lender you now on social security and no longer making the same amount of income. Do you have other sources of income? Are there other people in the loan? This needs to be discussed with someone other than your Lender if needs to be mentioned.

Regarding your credit - I regularly give talks on how to repair damaged credit, about the five items the are used to judge your score. People in their 20's to 30's - can gamble more with their fiancees, because they have time on their side. People in their 50's to 60's - having less time, have to be more careful what they do. What you do today is going to make you who you are tomorrow. Once you get there, you cannot turn back time.

Nobody can tell you to go late! , because it will affect your credit score. Although with what you are facing - letting the house go due to foreclosure is the worst thing you can do. That will be on your credit report for min 10 years before it comes off.

Since you have been up-to-date with the mortgage payments, in the banks computer you are not showing a hardship. By going late a few months, this will draw their attention. The down side to this, mortgage late's will take your score down. This is much better than allowing a foreclosure to be listed.

Noting Arizona is a non judicial state - a lender can initiate foreclosure proceedings after four months of non payment. Doing a deed in lieu and making it work. boils down to the timing. The deed in lieu is on a voluntarily basis to the Lender. By showing the situation default is imminent, and comparing the cost to the Lender for the foreclosure, it will cost them less for the Dee in Lieu. If you wait to long and foreclosure proceedings are started, it will be to late to change.

I do not want you to have any animosity to your Lender, because banks get their money back regardless. Mortgages are held though investments sold on Wall Street as Mortgage Backed Investments. Either though a short sale, Deed in Lieu or foreclosure, banks are giving back the note in exchange for the balance owed.

Lastly - you need to choose who is going to be representing you. Last week I spoke with a lady in Texas who was fed-up with the Bankruptcy attorney working for her. She told me what they did and what wasn't happening, it was clear he was steering her towards a chapter 13 (that's what they get paid to do). By getting the wrong type of representation, there is less chance of success accomplishing your goal.


Reply With Quote Quick reply to this message
 
Old 01-13-2011, 07:25 PM
 
Location: Tempe, Arizona
4,511 posts, read 13,588,701 times
Reputation: 2201
Quote:
Originally Posted by Modification Specialist View Post
...Deficiency Judgments are not allowed in Arizona....
That is incorrect. Deficiency judgements are only specifically disallowed in foreclosures where the home is located on 2.5 acres or less and is a single family residence or duplex. AZ law offers no such protection for short sales. The OP should consult with an AZ attorney knowledgeable about these laws and possible options.
Reply With Quote Quick reply to this message
 
Old 01-14-2011, 02:47 PM
 
3 posts, read 9,404 times
Reputation: 13
HERE is the problem...

I contact "YouWalkAway.com" and was told because I have a line of credit for the condo and have NOT refinanced or taken out money that I AM covered in the Anti-Deficiency law...

BUT... I wanted to contact an lawyer outside that company to be 100% sure.. Of course, the lawyer says I am NOT covered (since I never lived in the unit) and tried to get me into filing for bankruptcy. This was a bankruptcy lawyer of course.

I went BACK to "YouWalkAway.com" and ASKED them about the qualifications to the law and was told that the supreme court modified the law and the borrow does not have to be the one living in the unit..

See this:
The Arizona Supreme Court interpreted this language to require that the dwelling be built and at least occasionally occupied. Mid Kan. Fed. Sav. & Loan Ass’n, 167 Ariz. at 129, 804 P.2d at 1317. However, whether the property is occasionally occupied by the owners or rented to third parties, it will qualify under the statute for anti-deficiency protection
Reply With Quote Quick reply to this message
 
Old 01-14-2011, 02:48 PM
 
3 posts, read 9,404 times
Reputation: 13
I am 63, retired, and I know this property won't go up. I need to get rid of it. I can't afford to even modify the loan right now..
Reply With Quote Quick reply to this message
 
Old 01-17-2011, 09:27 AM
 
Location: Kingman
81 posts, read 272,173 times
Reputation: 44
You need to consult with an Arizona attorney and a real estate agent or broker that is experienced in the area where your condo is, and make sure that agent or broker is experienced in the short sale of investment properties.
Reply With Quote Quick reply to this message
 
Old 01-17-2011, 12:18 PM
 
Location: Paranoid State
13,044 posts, read 13,882,803 times
Reputation: 15839
Quote:
Originally Posted by Irishgem11 View Post
... I made a bad investment and purchased a condo in Phoenix, AZ for 164k. It is now worth about 45k. My line of credit is 132k ...
By this you mean you owe the bank 132K on your Phoenix condo, right?


Quote:
Originally Posted by Irishgem11 View Post
... I [have] ... my house in California (which I still owe 260k on and is worth 500k) ...
Seems simple. Get a loan for about $135K against the equity in your California house.

Sell your Arizona condo for 45K. Take the $135K out of your California house & pay off the bank in Arizona. You borrowed it, you need to pay it back.

Now you are done with Arizona. Just work on paying off the money you owe on your California house.

Problem solved.
Reply With Quote Quick reply to this message
 
Old 01-21-2011, 05:47 AM
 
5,696 posts, read 19,155,977 times
Reputation: 8699
Quote:
Originally Posted by Modification Specialist View Post
My $00.02

That will be on your credit report for min 10 years before it comes off.
You really need to stop stating this. It is not true. You consistently give this incorrect information. A foreclosure stays on a credit report for 7 years. NOT a minimum of 10.
Reply With Quote Quick reply to this message
Please register to post and access all features of our very popular forum. It is free and quick. Over $68,000 in prizes has already been given out to active posters on our forum. Additional giveaways are planned.

Detailed information about all U.S. cities, counties, and zip codes on our site: City-data.com.


Reply
Please update this thread with any new information or opinions. This open thread is still read by thousands of people, so we encourage all additional points of view.

Quick Reply
Message:


Over $104,000 in prizes was already given out to active posters on our forum and additional giveaways are planned!

Go Back   City-Data Forum > General Forums > Real Estate > Foreclosures, Short Sales, and REOs
Similar Threads

All times are GMT -6. The time now is 01:01 PM.

© 2005-2024, Advameg, Inc. · Please obey Forum Rules · Terms of Use and Privacy Policy · Bug Bounty

City-Data.com - Contact Us - Archive 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37 - Top