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Lenders are now making it tougher for homeowners to just literally walk away from a home that has been foreclosed
on and the value has gone below the outstanding mortgage amount due. The bank lenders are no longer going to take back the property so the homeowners will now need to continue responsible upkeep for their former home. It is creating an interesting problem for homeowners and the officials of the location the residence is located. As lenders used to put the foreclosed property up for auction, the fact that they are now essentially walking away leaves others in a tizzy about how to handle the situation.
Lenders have figured out that a property whose value has gone below the amount owed on the mortgage costs too much to maintain and it is more work than it is ultimately worth since the value of homes has gone so low. Lenders want to save money too so they aren’t interested in spending the cash need to take a property to auction. Instead, the banks have been telling the homeowners that the foreclosure process has been paused. The homeowner must once again be the responsible party for all legal and financial liabilities on the home. The twist in many of the stories is that the homeowner has often already moved off the property. As more properties are sitting vacant, there is a rise in vandalism and theft. Homeowners often return to find the house in disrepair and in some cases learn that the piping and other interior fixtures have been stolen.
In major cities, the abandoned properties need to be torn down at the cost of the taxpayers. Many lawsuits against the banks by city officials have been springing up in order to help cut down on the problems foreclosures are now presenting. The homeowner also suffers additional financial stressors because of the cost of maintaining and paying for the foreclosed property falls on their shoulders once again. The homeowner’s name is still on the deed and the title to the property, so legally the propery is still theirs. Both the bank and the city officials will legally hold the homeowner still liable which can be devastating to those trying to recover from the initial foreclosure and the issues that lead to it in the first place. The homeowners need to pay for the worthless property will they likely can barely manage to survive every day life, especially if they are now paying for their current place of residence. It can be a dicey situation for all involved in this new trend in foreclosures. Many questions are still going unanswered and it appears the trend of lenders doing the walk-away isn’t going away any time soon.
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2 users resposed " Banks Aren’t Taking Back Foreclosures "
June 10 2009
Thank you for this piece…I was not aware that the situation had gone this far.
Warmly,
Jim
http://www.JamesOatesIII.com
June 19 2009
Your posting is spot on and raises some very difficult issues. Assigning responsibility is important, but not clear cut. But setting aside that issue for a moment, what should be the standard for repair for these homes? Many of these properties are in such disrepair that they require a substantial overhaul. The level of work often triggers local requirements to bring the home up to current building standards. This can double, triple or even quadruple the overall cost of repair. Weight against those costs, demolition is the obvious choice. But, is there a lesser standard that we should be considering? Some toss around a standard called “safe, dry and warm.” Not everything may be up to current code, but the home is at least safe (electrical and HVAC), dry (roof, windows, doors), warm (furnance).
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