5/25/12 IMPORTANT ANNOUNCEMENT: MAJOR BP Update Next Week!

Hide this

Jump to Category View All

Click a category below to view different forum categories.

BiggerPockets

General Info

Rss10 BiggerPockets Q&A, Site Questions, & Announcements

1001 topics, 8193 posts — Last Post 05/25/12, 02:00PM

Rss10 BiggerPockets Exclusive PRO Area

12 topics, 81 posts — Last Post 03/23/12, 03:25PM

Rss10 New Member Introductions

4596 topics, 26506 posts — Last Post 05/25/12, 04:49AM

Rss10 BiggerPockets Success Stories

152 topics, 1813 posts — Last Post 05/25/12, 10:22AM

Rss10 BiggerPockets Real Estate Investing Summit

87 topics, 1549 posts — Last Post 05/07/12, 02:13PM

General Real Estate

General Real Estate

Rss10 Buying Real Estate

1318 topics, 10386 posts — Last Post 05/25/12, 01:47PM

Rss10 Selling Real Estate

320 topics, 2544 posts — Last Post 05/08/12, 07:34PM

Rss10 Renters

202 topics, 1618 posts — Last Post 05/25/12, 11:34AM

Rss10 Get Foreclosure Help - Help Stop Foreclosure Forum

221 topics, 1747 posts — Last Post 05/18/12, 08:38PM

Rss10 Home Owner Association (HOA) Issues & Problems Forum

111 topics, 719 posts — Last Post 05/08/12, 06:37AM

Rss10 Do it Yourself

328 topics, 2841 posts — Last Post 05/25/12, 09:10AM

Reviews & Feedback

Rss10 Real Estate Deal Analysis and Advice

1625 topics, 12974 posts — Last Post 05/25/12, 01:48PM

Rss10 Real Estate Guru, Book & Course Reviews and Discussions

700 topics, 7128 posts — Last Post 05/23/12, 02:16PM

Rss10 Ask About A Real Estate Company

330 topics, 4781 posts — Last Post 05/10/12, 10:31PM

Real Estate Investing

Real Estate Strategies

Rss10 Wholesaling

2588 topics, 19948 posts — Last Post 05/25/12, 12:14PM

Rss10 Rehabbing and House Flipping

1622 topics, 14295 posts — Last Post 05/25/12, 01:37PM

Rss10 Real Estate Development

202 topics, 1123 posts — Last Post 05/19/12, 07:40AM

Rss10 Pre-Construction & New Home Construction

90 topics, 600 posts — Last Post 05/05/12, 11:02AM

Rss10 Innovative Strategies

377 topics, 2935 posts — Last Post 05/25/12, 02:00PM

Rss10 Tax Liens, Notes, Paper, & Cash Flows Discussion

477 topics, 2848 posts — Last Post 05/25/12, 01:44PM

Rss10 Rent to Own a.k.a. Lease Purchase, Lease Options

355 topics, 2228 posts — Last Post 05/20/12, 09:55AM

Rss10 1031 Exchanges

62 topics, 342 posts — Last Post 04/29/12, 08:09PM

Foreclosure Investing

Rss10 General Foreclosure & Pre-Foreclosure Forums

1156 topics, 7084 posts — Last Post 05/24/12, 06:30PM

Rss10 HUD, VA, and Tax Sales

216 topics, 1327 posts — Last Post 05/25/12, 01:59PM

Rss10 REOs

948 topics, 7884 posts — Last Post 05/23/12, 05:04PM

Rss10 Short Sales

1254 topics, 10440 posts — Last Post 05/23/12, 01:58PM

Landlord & Tenant Forums

Rss10 Rental Property Questions & Landlording Issues

3183 topics, 28801 posts — Last Post 05/25/12, 09:14AM

Rss10 Land & Farm Investing

118 topics, 736 posts — Last Post 05/25/12, 01:27PM

Rss10 Mobile Homes & Mobile Home Park Investing

416 topics, 3071 posts — Last Post 05/24/12, 05:40PM

Real Estate Dealmaking

Rss10 Make Deals, Find Partners, Mentors & BirdDogs, etc.

3703 topics, 13610 posts — Last Post 05/25/12, 01:07PM

Rss10 Promote Your Real Estate Buyer's List

160 topics, 689 posts — Last Post 05/02/12, 05:54AM

Rss10 Property Wanted

635 topics, 3041 posts — Last Post 05/19/12, 07:44AM

Rss10 Seeking Financing, Money, or Loans

1245 topics, 7437 posts — Last Post 05/21/12, 10:41AM

Rss10 Tax Liens, Notes, Paper, & Cash Flows Dealmaking

277 topics, 1909 posts — Last Post 05/23/12, 06:40PM

Rss10 Bulk REO Discussion and REO Dealmaking

843 topics, 5906 posts — Last Post 02/02/12, 04:20PM

Investor Basics

Rss10 Starting Out

4197 topics, 30898 posts — Last Post 05/24/12, 03:17PM

Rss10 Investor Psychology

298 topics, 4486 posts — Last Post 05/04/12, 09:01PM

Rss10 General Real Estate Investing

3144 topics, 21839 posts — Last Post 05/25/12, 12:37PM

Rss10 Real Estate Investor Marketing

910 topics, 7482 posts — Last Post 05/25/12, 10:26AM

Commercial Real Estate

Rss10 Commercial Real Estate Investing Forum

743 topics, 3995 posts — Last Post 05/23/12, 08:46AM

Rss10 Multi-Family and Apartment Investing

219 topics, 2013 posts — Last Post 05/25/12, 11:11AM

Rss10 Office Investing

3 topics, 36 posts — Last Post 11/15/11, 02:42PM

Rss10 Industrial Property Investing

4 topics, 14 posts — Last Post 05/04/12, 06:44AM

Rss10 Retail Property Investing

10 topics, 77 posts — Last Post 05/25/12, 10:15AM

Rss10 CRE Financing and Lending

26 topics, 247 posts — Last Post 05/23/12, 05:27AM

Rss10 CRE Syndication and Fundraising

26 topics, 236 posts — Last Post 05/20/12, 04:52PM

Rss10 CRE Property Management & Leasing

2 topics, 12 posts — Last Post 05/18/12, 12:34PM

The Business of Real Estate

Real Estate Technology and the Internet

Rss10 Technology, Social Media, Real Estate & The Web

269 topics, 2277 posts — Last Post 05/25/12, 07:40AM

Rss10 Real Estate Blogs & Blogging

24 topics, 293 posts — Last Post 05/16/12, 09:29PM

Business Basics

Rss10 Goals, Business Plans & Entities

428 topics, 4273 posts — Last Post 05/24/12, 09:08PM

Real Estate Finance & Legal

Financial, Tax, and Legal

Rss10 Tax, Legal Issues, Contracts, Self-Directed IRA

1349 topics, 9465 posts — Last Post 05/24/12, 07:35AM

Rss10 Credit & Credit Repair

182 topics, 1484 posts — Last Post 05/22/12, 06:06PM

Rss10 Property Insurance

135 topics, 847 posts — Last Post 05/25/12, 12:56PM

Rss10 Bankruptcy

21 topics, 113 posts — Last Post 05/21/12, 08:25PM

Loans, Mortgages, Credit Lines

Rss10 Private & Conventional Lending Discussion

1347 topics, 8091 posts — Last Post 05/25/12, 02:20PM

Rss10 Creative Real Estate Financing

659 topics, 4285 posts — Last Post 05/24/12, 10:58AM

Real Estate Professionals

Real Estate Professionals

Rss10 Real Estate Agents

639 topics, 3562 posts — Last Post 05/24/12, 07:47PM

Rss10 Bankers, Lenders, and Mortgage Brokers

355 topics, 1268 posts — Last Post 05/04/12, 01:18AM

Rss10 Contractors

121 topics, 666 posts — Last Post 05/08/12, 03:20PM

Local Real Estate

International Real Estate

Local Real Estate

Rss10 Local Real Estate Networking

612 topics, 3434 posts — Last Post 05/24/12, 02:08PM

Rss10 Americans & International Real Estate

139 topics, 505 posts — Last Post 05/20/12, 02:00PM

Rss10 Foreigners Buying in the USA

56 topics, 288 posts — Last Post 05/02/12, 07:54PM

Rss10 Canadian Real Estate

26 topics, 130 posts — Last Post 03/19/12, 05:58PM

Marketplace

Real Estate Marketplace

Rss10 Mortgages & Lending

392 topics, 1757 posts — Last Post 05/20/12, 03:10AM

Rss10 Residential Property, Land, & Farms For Sale

760 topics, 1463 posts — Last Post 05/24/12, 06:58PM

Rss10 Real Estate Events & Happenings

118 topics, 505 posts — Last Post 05/07/12, 10:07PM

Rss10 Commercial Properties for Sale or Lease

224 topics, 671 posts — Last Post 05/25/12, 08:42AM

Rss10 Domains & Website Reviews

48 topics, 391 posts — Last Post 05/25/12, 07:07AM

Rss10 Classifieds - Promote your Website, Newsletter, or Product

595 topics, 2801 posts — Last Post 05/23/12, 06:42PM

Off-Topic

Off Topic

Rss10 Off-Topic

1866 topics, 19997 posts — Last Post 05/25/12, 08:12AM

Rss10 Housing News & Real Estate Market

666 topics, 6615 posts — Last Post 05/09/12, 03:11PM

BiggerPockets Resources

Forums » General Foreclosure & Pre-Foreclosure Forums » Will have to go into foreclosure. Where do I start?

Will have to go into foreclosure. Where do I start? Subscribe to Will have to go into foreclosure. Where do I start?

10 posts by 5 users

Signup

Homeowner · winter haven, FL


My husband & I have been in florida from the UK for 2+ years. Our visa expires in early 2008. We have just heard that his employment sponsorship will not now go through. They have changed their policies. We own 4 properties,!1we live in, 1 totally refurbished & on the market for 6mnths the other 2 have long term renters. When we return to the Uk we will have no income, no house & no assets. So it will be impossible to keep these properties. They were all bought with 20% deposit down & we have been paying only the minimum mortgage payment. We pay our mortgages on the dot & have never been late. How can we 'give' the houses back to the lenders & not end up owing them any monies. Are there any other options we should look at? When should we contact our lenders? Please can anybody offer me any advice as I don't know where to turn as I don't know all the law etc.....Many thanks


Real Estate Investor · Wheat Ridge, Colorado


Hi Jane, sorry to hear of your troubles. Your best option is to sell your properties. Clean them up and price them to move quickly. Even with the falling market, your 20% down payment should allow you to move them without having to bringing much money to the table.

When you say " paying only the minimum payment" do you mean you had Option ARMs on them and you were paying the minimum so that the loan balance was going up? That may be a different story because you would have consumed your down payment with the negative amortization on the payments.

What is the situation of the price you could get on a quick sale vs. what you owe?

You won't be able to just " give them back" and have them forgive the debt. You may be able to get them to accept short sales, given your job and moving situation. That may be complicated because each lender will see the other properties as assets.

Jon

Small_flying-phoenixJon Holdman, Flying Phoenix LLC


Homeowner · winter haven, FL


Hi Wheatie..................
Thank you for that info.
Yes, we have option Arm's on all the properties. The mortgage balances on average have gone up approx 8k & we put down a min of 30k on each property. I'm thinking of perhaps going to one of those" guarantee to sell your home sites" because all the properties are in very good repair etc. The one that has been on the market for 6 months & is at least 20% below market value, totally remodeled to the highest standards & it hasn't had 1 viewing & it is listed with Remax. nothing seem to be selling hrre at the moment & it looks like we only have about 10 weeks to get all this sorted.


Real Estate Investor · Wheat Ridge, Colorado


Hi Jane. Those " sell your house now" sites are investors like most of the people here. They're going to buy your house at a significant discount. They're typically going to pay 70% or less of its retail value, because that's the kind of discount that it takes to generate a profit in this business.

Here's the harsh reality: If you've had a house on the market for six months with no lookers, its priced too high. Simple as that. There is some prices that it will sell at and sell quickly. For that matter, I'll buy it from you sight unseen for $1000. So, I'm certain there is some price where it would sell this weekend. Whatever price you have it listed for is not 20% below market. Its above market or it would have sold. The market may well have fallen dramatically since you bought it or even since you first listed it.

Based on your numbers, I think you bought houses for around $150K, and put down 30K (20%). Your loan balance is now about $128K. If you could sell it for $150K, you would net about $138K, which would pay off the loan and give you some money. If you sold it for $140K, you would net just about the loan payoff amount. If you have it listed over $140K, I'd cut the price to $140 right now and get rid of it. Even if you have a contract tomorrow, it will take at least 4-6 weeks to close.

Even if my numbers are off, you can apply the same logic to the correct numbers.

If it will take a price lower that $140K to move it, you will either have to bring money to the table, or convince the lender to take a short sale. If that's the situation, getting in touch with one of the " we buy houses" people may be a good idea. If you find one who has done short sales and knows how to deal with the banks, they might be able to negotiate a deal. Your listing agent may be able to do this, too. But, many normal retail agents aren't very familiar with short sales.

If you do talk to investors, don't sign your house over. You may be asked to sign a purchase contract and a deed right up front. Thats not necessary, and can leave you with a mortgage even though you've given the house to someone else. If you sign a deed for the house to someone else, you no longer own it. A bad situation could get much worse.

You have some of the issues that make banks accept short sales. Job loss, a forced move, no income and no assets. It might work. Trouble is you have four houses. Banks are more included to do this for an owner occupant who's losing their house than for an investor who made bad investments.

I would call up your lenders and have a discussion about the situation and what they might be able to work out with you.

I don't know what credit issues it will create for you to default in the US and move back to the UK. We do have a member here from the UK, and I suspect he'll chime in when he gets a chance.

Jon

Small_flying-phoenixJon Holdman, Flying Phoenix LLC


Homeowner · winter haven, FL


Hi Jon,
Thanks again for your post.
With the extra research I have been doing, what you are saying is right on the money.
I was thinking yesterday about phoning the lenders & asking for the redemption fiqures on my mortgages. That way I can work out what with the fees etc exactly what I can let the houses go for. As I said before the last thing we want to do is leave the U.S. with any debt.
Regarding my renters, they both have longer term leases but there is a section in their lease that requires either party to give 30 days notice to terminate. So I think I'm legally ok on that stand point.
I will start afresh with these thoughts on Monday.
Many thanks again & have a great weekend.



Jane,

The foreclosure process and other things are not the same between the FL and the UK repossession process. Even if you lost the properties you may have zero debt owed after the fact. You need to check into the FL process so you know exactly what the option looks like. I am not recommending you go in that direction. I am concerned that you may look at specific choices based on what you think could happen rather than what actually could happen.

Check with the lender as they might be able to work out something rather than have the loan go into default. Or they might need the loan to go into default before they can do certain things.

John Corey

PS. US investor based in the UK.


Homeowner · winter haven, FL


I'm totally onboard now with what you are saying.
I'm going to start checking the facts on Monday.

Thanks again for your input.


Homeowner · winter haven, FL


Hi All,

Just to update you....I have been to see 2 VA's & an accountant. The upshot being that Dave & I will be returning to the UK in the New Year.

Thanks for everybody's help & advice.

Happy Holidays

Best Regards

Janet PS ..............Anybody want to buy 4 houses???


Real Estate Investor · Atlanta, Georgia


Without knowing the particulars, I would suggest lease optioning your properties. There are alot more people out there who can't qualify for a mortgage but have money to buy a house So you can offer a lease option for 12 to 24 months after which time they buy your house. You can get them to put a down payment on the house and charge a premium for them to option the house therefore making the payment enought to pay the note and put in yoru pocket. You can also try to sell your property at a discount to help it move faster. I hope that helps.



There are options you have when in predicaments like this. Of course your options are limited, however, new legislation makes life a little easier. A " Deed in Lieu" of foreclosure is an option, provided that you have only one loan on the property. If you have 2 loans ( a 1st and 2nd Lien) then all bets are off for a " Deed in Lieu" .

You can do a " Short Sale" . Banks/Lenders are entertaining short sales all day long in lite of the current market conditions. However, you need to find a skilled foreclosure prevention/mitigation specialist who knows what they are doing. The " Short Sale" process can be a headache. But its a viable option. The only true barrier is finding a buyer to make an offer. Good Luck.




Sign up