Can a Homeowner Lose Their 401k/Annuity in Foreclosure?

Can a Homeowner Lose Their 401k/Annuity in Foreclosure?

Specialist · Mid-Michigan · Member since 2008 · 31 posts · 3 votes

Hello Everyone!

Been quite some time since I've visited this neck of the woods. Good to still see lots of activity here, and probably 20k new members since I was last here.

I don't know if this forum is the place to ask this question or not, I thought maybe the legal forum....but here I am so I'm going to run with it here.

I was in the process of doing a short sale for a friend of mine whose sheriff sale is scheduled for Apr 16th. I contacted one of her 2 lenders a couple days ago (WaMu) to get the scoop on who the loss mit rep is, the numbers, ect. I was told there is no loss mit rep assigned to her file and in order to consider a short-sale she must've had her home listed for 90 days prior. Say what?
WaMu was not in the least bit interested in anything remotely short sale. After that conversation I didn't even bother calling her 2nd mortgage, Countrywide.

Is this common, no loss mit rep assigned to a file? Never heard of such a thing. What is WaMu waiting for, a Gov't bailout too?

Now here is my second dilemma...and the reason why I was going to attempt a short sale initially. My friend has close to $100k combined in her retirement accounts, a 401k and some annuity. Seeing she's completely upside down on this home and now in foreclosure, does her lenders have any recourse to actually seize that retirement money she has since she's defaulting on her loans? Anyone know what the policy is with this? What if she files for bankruptcy? She's worried sick they're going to find a way to take her retirement money, which has already lost plenty compared to a couple years ago.

Anyone offer some knowledge about this firsthand without the "best talk to an attorney" reply? Anyone familiar with this or beeen down this road before can give me some input?

Thanks for your time,
Glenn

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  • Will BarnardPro Member
    Moderator
    Developer · Santa Clarita, CA · Member since 2008 · 15k+ posts · 10k+ votes
    17y

    No worries, lender can NOT come after the 401k due to the foreclosure.
    Disclaimer:
    I am not an attorney so consider consulting one.

  • Specialist · Mid-Michigan · Member since 2008 · 31 posts · 3 votes
    17y

    Thx guys for your input. I wasn't completely sure about this and didn't want to mislead her if there was a smidgen of a chance. She has a bad interest only loan, is completely upside down and is obviously stressed out. This will ease her mind a bit and I'll try to get a free consult w/ a RE atty just to confirm things for sure.
    Thank you gentlemen!

    Glenn

  • Will BarnardPro Member
    Moderator
    Developer · Santa Clarita, CA · Member since 2008 · 15k+ posts · 10k+ votes
    17y

    Thats what BP is for!
    Good luck completing the deal.

  • Specialist · Mid-Michigan · Member since 2008 · 31 posts · 3 votes
    17y

    Well, I'm not so sure I'll be able to make that happen. In the first part of my initial post I was told by WaMu that they have no Loss Mit Rep assigned to her case and they wouldn't consider a s.s. because 1) she didn't list her house and 2) she has no written legitimate offer on it. I never heard to this before so don't know what to do other than delay it and trying the "produce the original note" route. Any suggestions?

    Glenn

  • Manhattan, NY · Member since 2008 · 801 posts · 61 votes
    17y

    If both of the loans were originated to purchase the property there is no deficiency judgment issue.

    Otherwise, the 401K is safe harbored by law. Distributions taken from it may not be.

    The annuity is where the real risk might lie. It depends on the type of annuity, when and how it was purchased. This is the part where you are not going to get any correct answer without sitting down and disclosing all the details and paperwork to an attorney and letting them sort it out.

  • Investor · Morgantown, WV · Member since 2008 · 207 posts · 33 votes
    17y

    Just curious, why not borrow some from the 401K to avoid foreclosure? I know most 401s allow this, especially in emergencies.

  • Specialist · Mid-Michigan · Member since 2008 · 31 posts · 3 votes
    17y

    mountainjoepa:She's already borrowed from her 401k previously on 2 different occasions. It's a losing battle. She has an interest only loan and her home is now approx $40k-$50k upside down and in need of repairs. She sees no end in sight and does not want to tap into her 401 again, it's like throwing money in the wind and she's pretty much resigned to moving on.

    Dan O'Conner no, she hasn't tried selling the home FSBO in the past 4 mos and she knows of no agent who would be interested in listing it, and neither do I. I did speak to an agent about 3 wks ago who told me the ave selling price of homes in the area has dropped to $66k and unless a home is in excellent condition most agents won't take on a listing over $100k right now because they're overwhelmed with REOs' and anything over $100k that isn't in excellent condition isn't going to move anyways so they won't bother with it. Her house is now worth about $140k, she owes $185k.

    No Name Her annuity was purchased years ago through her work is all I know. What type, I'm not sure. I believe she has about $25k in it and the other $75k in her 401.

    Thx again for your input guys

    Glenn

  • Specialist · Mid-Michigan · Member since 2008 · 31 posts · 3 votes
    17y

    If it's any help, I just spoke to the homeowner and her annuity is an IRA.

    gLENN

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