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Will foreclosing affect wife's credit score?

Started by fkloser
about 16 years ago
Posts: 8
Member since: Oct 2009
Discussion about
Dear all I would like to improve my housing situation but due to the fed/gov policies market prices are inflated. I wonder whether I could buy a condo/townhouse with a minimal downpayment FHA loan and if -- market goes up then default. I could stay for a few years rent free. It is unlikely that gov will foreclose as 10% of martgage loans are delinquent. They cannot throw people out of houses when they hand ouit bonuses to wall streeters. At worst they will try to renegotiate loan an/or lower principal. --market goes up then flip it. It might sound wrong but it is just fighting a sham with same. There's one caveat: will a foreclosure affect my wife's score if she does not appear in docs? If not, she can buy cheaper after foreclosure. Does anyone know?
Response by NWT
about 16 years ago
Posts: 6643
Member since: Sep 2008

But won't you feel all dirty inside?

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Response by fkloser
about 16 years ago
Posts: 8
Member since: Oct 2009

"But won't you feel all dirty inside?"

No everyone is doing it.

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Response by ba294
about 16 years ago
Posts: 636
Member since: Nov 2007

if you still have an income to cover the mortgage, they will not renegotiate your loan, period.
Most lenders are garnishing wages and they would look at your HHI.
And yes, the gov't hands out bonuses to the wall streeters, but would throw people like you out the street.

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Response by fkloser
about 16 years ago
Posts: 8
Member since: Oct 2009

"if you still have an income to cover the mortgage, they will not renegotiate your loan, period'

they might not renegotiate under the present program but they might do in the future as the defaults are increasing. however renegotiating or foreclosing is not so relevant as what matters is staying rent free for a while until housing clears.

I don't need moral sermons you give those to the gov/fed/banks. Nothing illegal here.

The question is: will that affect my wife's score? Thanks

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Response by notadmin
about 16 years ago
Posts: 3835
Member since: Jul 2008

"The question is: will that affect my wife's score? Thanks"

no idea, but it's a great question. to a stupid system, you are trying to give the rational response, kudos if it works for you.

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Response by nyc10023
about 16 years ago
Posts: 7614
Member since: Nov 2008

I can't see how it would. There is no field in my credit score report for "spouse bankruptcy/judgment".

Also, loan forgiveness of any kind usually shows up as income/taxable gain on your income tax return. How would you get out of paying that unless you declare bankruptcy and isn't that very hard to do when your income is greater than your debt servicing payments.

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Response by nyc_sport
about 16 years ago
Posts: 809
Member since: Jan 2009

Don't worry. Your wife fill dump you when she finds out how much of a loser you are.

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Response by modern
about 16 years ago
Posts: 887
Member since: Sep 2007

You don't want a moral sermon? How about this:

I hope they bring back debtor's prisons and throw your ass in one of the first cells.

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Response by notadmin
about 16 years ago
Posts: 3835
Member since: Jul 2008

"Also, loan forgiveness of any kind usually shows up as income/taxable gain on your income tax return. How would you get out of paying that unless you declare bankruptcy and isn't that very hard to do when your income is greater than your debt servicing payments. "

people with FC issues on principal residence are not paying income taxes on loan forgiveness (not of 1st mtg, nor 2nd mtg, nor helocs...) thanks to our government (made an exception and is gonna keep on extending that "gift").

nyc_sport, fkloser and many others want to play the game. it's all in the game.

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Response by aboutready
about 16 years ago
Posts: 16354
Member since: Oct 2007

Little Dorrit.

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Response by alanhart
about 16 years ago
Posts: 12397
Member since: Feb 2007
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Response by nyc10023
about 16 years ago
Posts: 7614
Member since: Nov 2008

Fkloser: walk me through this scenario.

You make 50k, have no other debt than 100k mtge at reasonable mtge rate. Market goes down, you stop making payments, mtge becomes delinquent. You apply for loan forgiveness or whatever program is out there for delinquent loans. How would you stop the mortgagor from going after your paycheck? Or would you just take on huge credit card debt as well (say you do cash advances and deposit into wife's checking account) so that your total monthly payments are greater than your income?

I guess that would be the way to go. Take out a huge mtge, as large as you can get, pile on the HELOCs and CC debt (while transferring the cash to your wife) and then declaring bankruptcy to reduce payments.

But, I seem to remember some people in Harlem doing the same thing with townhouses in the 90s - borrowing over purchase price, huge HELOCs, transferring the cash out. All legal, no loan forgiveness required. I think a pile
were indicted for mortgage fraud - I don't know what statutes were used to prosecute. Also, if you need to switch jobs, your prospective employer might turn you down based on creditworthiness.

I'm all for thinking up schemes. Just be careful.

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Response by notadmin
about 16 years ago
Posts: 3835
Member since: Jul 2008

"I guess that would be the way to go. Take out a huge mtge, as large as you can get, pile on the HELOCs and CC debt (while transferring the cash to your wife) and then declaring bankruptcy to reduce payments."

make also sure that all mtgs you get into a non-recourse (guess for practical purposes ny qualifies) so you can walk away and not have the debt collectors come after you. as i see it, it would make sense if you believe that your job prospects are not very exciting down the road in the middle term (if you think you have a chance of getting a huge wage increase in a few years, why risk it?).

also you need to be hurt by housing, i mean, housing costs should be a pain in the neck to justify all this plotting and scheeming (rent more than 30% of income for ex). i'm 100% sure that there's a way to milk this system big time. question is... your wife here is the partner in business, you need her to agree on this 100%.

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Response by nyc10023
about 16 years ago
Posts: 7614
Member since: Nov 2008

Oh, and marriage would need to be solid because NYS is an equitable distribution state w.r.t. marital property (even if 2nd prop. is in your wife's name, still considered marital property if acquired after marriage). So court might decide that you are not entitled to any part of the 2nd property.

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Response by fkloser
about 16 years ago
Posts: 8
Member since: Oct 2009

Let's first go over the simpler method. How long will someone need to foreclose on me and what are the incentives. It is known that banks are withholding foreclosures. As I mentioned the objective in this case is to stay for as long as possible.

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Response by notadmin
about 16 years ago
Posts: 3835
Member since: Jul 2008

to any FC moratoriums loser, you have to add the normal time in the pipeline that varies per state. you are lucky in the sense that in NY it takes 450 days. in CT 45 (TX is the fastest i think). so... make sure you buy in NY, no NJ, no CT.

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Response by w67thstreet
about 16 years ago
Posts: 9003
Member since: Dec 2008

FYI. I know of an owner Who is basically asking the current renter a 'solid' bid as she is so underwater and is savvy enough to 'get' the bank would rather do a quick short sale rather than get foreclosed upon. Let's call this a strategic anicipatory abort sale.

Yeah, this little thing called moral hazard.

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Response by nyc10023
about 16 years ago
Posts: 7614
Member since: Nov 2008

Okay, "simple" method:

1) You decide to stop paying.
2) Foreclosure proceedings set in motion.
3) You stay in your house rent free while foreclosure proceedings occur.
4) This is where it gets tricky. Assume that you want a reduction in principal. Are banks automatically
giving these out or are they looking at your employment situation, your other debts? When the mortgagor takes a look at your job situation, and sees that you can afford the original payment, will they give you the reduction in principal? And if not, aren't you running the risk that they don't, they institute garnishing of your wages for missed payments + penalties? Thereby costing you more money?

Say they are not giving reductions in principal, but moving (slowly) towards a short sale. Is everyone qualifying
for the loan forgiveness program where you don't pay tax on short sale? Or does the gov't look at your
tax returns to figure out that you have enough income to pay.

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Response by notadmin
about 16 years ago
Posts: 3835
Member since: Jul 2008

also consider that you should have the least skin the game possible. basically, you are buying a call option of appreciation. if it doesn't work, you walk away. hence, you should use FHA, "Current FHA loan limits are as high as $729,750 in high cost areas". so there's your buying limit.

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Response by nyc10023
about 16 years ago
Posts: 7614
Member since: Nov 2008

I'm just not sure how it would work if your income is higher than your debt service payments. It seems to me that the only way that you could protect your paycheck would be to max out credit cards, get HELOCs, etc.

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Response by notadmin
about 16 years ago
Posts: 3835
Member since: Jul 2008

i think that even without using HELOCs and the like it might work. consider that many are gonna literally live rent free for a couple of years. if you save that housing cost, you end up winning big time. 3 to 5 years later you can buy again. it's a stupid system, but i guess that's how it's working now.

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Response by nyc10023
about 16 years ago
Posts: 7614
Member since: Nov 2008

Can't see how it would work if you are getting a steady paycheck > mtge payment.

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Response by notadmin
about 16 years ago
Posts: 3835
Member since: Jul 2008

until states don't make mtgs recourse, you have the upper hand if the value of your property goes down say... $200k (of the $700k purchase that you financed through the FHA with only say now... 5% down: $35k). if walk aways become common, the gov will push principal cuts to what house prices are regardless of what your income is.

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Response by notadmin
about 16 years ago
Posts: 3835
Member since: Jul 2008

imho many could walk away when htey are underwater even $100k. htat's a drop of 15% (which could happen imho in the nyc area)

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Response by mmarquez110
about 16 years ago
Posts: 405
Member since: May 2009

interesting scenario. How about this one? Let me know if it sounds familiar...

First, divorce your wife. Next, find someone who owns a building in harlem but lives in the Dominican Republic. You make fake papers pretending that you are a partial owner. Line up cash from investors who think they're getting a great deal. Skip town with the money before anyone catches on, but pick some island other than the DR. While making your getaway, sneak some money to your ex-wife which she passes off as gambling winnings if the IRS catches on. If not, then you meet up in a few years somewhere else. But definitely, do not return to Harlem or DR.

to gain extra karma credits, try to line up financing from some evil people.

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Response by ChasingWamus
about 16 years ago
Posts: 309
Member since: Dec 2008

He's talking about an FHA loan. Is the Gov. going to foreclose and go after wages? That won't look very good in the next campaign ads.

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Response by apt23
about 16 years ago
Posts: 2041
Member since: Jul 2009

f**kinloser: Are you the guy that took the hooker wannabe to ACORN?

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Response by fkloser
about 16 years ago
Posts: 8
Member since: Oct 2009

First, until foreclosure proceedings start or eviction comes you get to live for free. At this moment one can apply for adjustment even if one does not fulfill requirements thereby delaying it further. I believe the amount of time you get to stay rent free is significant. Especially now that 10% of mortgages are delinquent, banks withhold foreclosures, gov is trying to renegotiate loans, etc. How long will it take to evict you? Again I believe that they won't evict anyone soon as they are afraid of the backlash. Has anyone here done it? Would you think that it can be possible to stay for years kicking the can? We need personal experience.

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Response by broadwayron
about 16 years ago
Posts: 271
Member since: Sep 2006

Umm, isn't this one of those [many] fake threads, where the OP is basically full of it? I imagine fkloser is an alias.

"will a foreclosure affect my wife's score if she does not appear in docs? Does anyone know?"

I happen to know the answer, but I can't answer an alias-type thread seriously.

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Response by fkloser
about 16 years ago
Posts: 8
Member since: Oct 2009

Who cares if I am an alias or not? We are all aliases...

It's a legitimate question. I would like to explore further this possibility seriously. It's good for all of us to know the limitations of this system and how we can take advantage of it as others have been doing all along. If you know something please share. Otherwise you make no sense.

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Response by notadmin
about 16 years ago
Posts: 3835
Member since: Jul 2008

"how we can take advantage of it as others have been doing all along"

agreed. it's cool that while popping up prices is damaging to the incoming, those having to put up with inflating prices at least have a way to get compensated by playing the game well.

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Response by w67thstreet
about 16 years ago
Posts: 9003
Member since: Dec 2008

On a semi serious note, how is this any different than allowing banks to 'convert' non performing assets into performing with a magic wand even if it is pik( ed) paid in kind - ie they are given more loans to pay back the old loans?

It's happening all over the f'n place. Seriously it's becoming comical when there is NO stigma or 'costs' associated with over- leveraging. It's almost like why didn't you overleverage yourself when you had a chance in 2001-2008?

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Response by w67thstreet
about 16 years ago
Posts: 9003
Member since: Dec 2008

Timmy have you sold your home yet?

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Response by fkloser
about 16 years ago
Posts: 8
Member since: Oct 2009

"how is this any different than allowing banks to 'convert' non performing assets into performing with a magic wand"

it's not different at all. In fact systemic corruption is worse.

Can we devise a strategy that will allow us to live rent free for three-four years possibly longer? Does anyone know whether FHA will go after wages? Did it ever happen? 90% of mortgages are now issued by government backed insolvent entities. Will it affect wife's credit score?

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Response by apt23
about 16 years ago
Posts: 2041
Member since: Jul 2009

She should leave you. You are an ass. Then her credit and her credibility will be whole.

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Response by notadmin
about 16 years ago
Posts: 3835
Member since: Jul 2008

"Does anyone know whether FHA will go after wages? "

of course not, but the IRS can. so if they don't extend the loan forgiveness exclusion (is not considered income for tax purposes temporarily) your wages are safe.

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Response by notadmin
about 16 years ago
Posts: 3835
Member since: Jul 2008

"It's happening all over the f'n place. Seriously it's becoming comical when there is NO stigma or 'costs' associated with over- leveraging. It's almost like why didn't you overleverage yourself when you had a chance in 2001-2008?"

no kidding. bragging taxpayers about the loan mod that's about to come will become the new bragging to renters about being a homeowner and the increasing value of the home...

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Response by alanhart
about 16 years ago
Posts: 12397
Member since: Feb 2007

I'm waiting for the New Yorker cartoon.

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Response by nyc10023
about 16 years ago
Posts: 7614
Member since: Nov 2008
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Response by nyc10023
about 16 years ago
Posts: 7614
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Response by nyc10023
about 16 years ago
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Response by nyc10023
about 16 years ago
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Response by nyc10023
about 16 years ago
Posts: 7614
Member since: Nov 2008

Moral questions aside, it would be interesting to see if the bank could come after you for a def. judgment in NY.

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Response by manhattanfox
about 16 years ago
Posts: 1275
Member since: Sep 2007

Financial Incentives to Stem the Surge of Foreclosed Houses
by Danny Gibson on October 15, 2009

The unabated spread of foreclosed houses across the country is putting so much pressure on the Obama Administration that it eventually gave in by announcing financial incentives to both troubled borrowers and real estate lenders.

Industry experts have been calling on the Obama Administration to do something immediately to curb the tide of foreclosure properties across the country before it could derail housing recovery efforts.

Experts have been predicting that the number of foreclosed houses would reach two million in 2010 and would peak at 7.2 million in 2014.

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Response by jimstreeteasy
about 16 years ago
Posts: 1967
Member since: Oct 2008

Did Barney Frank put you up to this?

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