Real Estate Insight

December 10th, 2010 5:36 AM

The New York Times

When borrowers default on second homes Strategic defaulting – where the homeowner has the ability to pay the mortgage, but chooses to stop making payments – among affluent homeowners with second homes and investment properties is increasing.

KEEP THIS IN MIND

• Homeowners who strategically default are likely to find their credit will be negatively impacted and they should expect to be prevented from getting another mortgage loan for 7 to 10 years.

• Many homeowners are concerned about the possibility of the lender suing for the amount of money owed on the loan when a house goes into foreclosure. Whether or not the lender has legal justification to do so depends largely on where the property is located.

• In "recourse" states, a lender can go after the homeowner, and usually other assets like a primary residence, for the full mortgage amount. Examples of recourse states include Maine, New Jersey, and Hawaii.

• In "nonrecourse" states, a lender agrees to accept whatever the property fetches at a short sale, foreclosure sale, or deed-in-lieu, and generally can’t sue for the full loan amount. Florida, Connecticut, and Arizona are among the nonrecourse states.

• California is in a third category called "single-action" or "one-action," which allows the lender either to foreclosure on the owner or file a civil lawsuit for the full loan amount. Other single-action states include New York and Idaho.

• Homeowners should be advised that even in a nonrecourse state, those who opt for a strategic default on a previously refinanced property may not be protected from lenders, because the mortgage in not in accordance with a first purchase.

• Although California is a single-action state, lenders can still sue homeowners for repayment of a second mortgage or home equity line of credit.

Read the full story: http://www.nytimes.com/2010/12/05/realestate/mortgages/05Mort.html?_r=1&ref=realestate


Posted by Mario Perez on December 10th, 2010 5:36 AMPost a Comment (0)

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