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Some Buy a New Home to Bail on the Old
Wall Street Journal ^ | 6-11-08 | NICK TIMIRAOS

Posted on 06/12/2008 5:26:04 PM PDT by RKBA Democrat

Next month, Michelle Augustine plans to walk away from her four-bedroom house in a Sacramento, Calif., subdivision and let the property fall into foreclosure. But before doing so, she hopes to lock in the purchase of another home nearby.

SNIP

In markets hit hardest by falling home prices and rising foreclosures, lenders and brokers are discovering a new phenomenon: the "buy and bail," in which borrowers with good credit buy a new home -- often at a much lower price -- then bail out of the "upside down" mortgage on their first home.

(Excerpt) Read more at online.wsj.com ...


TOPICS: Business/Economy; Extended News; US: California
KEYWORDS: flippers; foreclosure; fraud; mortgage; realestate; sacramento
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1 posted on 06/12/2008 5:26:04 PM PDT by RKBA Democrat
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To: RKBA Democrat
Debtors prison.

2 posted on 06/12/2008 5:28:25 PM PDT by I see my hands (_8(|)
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To: RKBA Democrat
Is it Legal?


3 posted on 06/12/2008 5:30:44 PM PDT by darkwing104 (Lets get dangerous)
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To: RKBA Democrat

Interesting how people can justify anything by simply calling it business. Isn’t that what mafia hit men say to their victims just before the whack?


4 posted on 06/12/2008 5:33:13 PM PDT by HerrBlucher
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To: RKBA Democrat

This is the kind of crap that got us into this mess to begin with.


5 posted on 06/12/2008 5:34:21 PM PDT by FlingWingFlyer (De-Globalize yourself !)
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To: darkwing104

No it’s not legal. She’ll have to lie on her new mortgage app. I don’t know if a bank will investigate borrowers thoroughly enough to guard against, i.e. search for deeds recorded in her name.

In any event, some bailout would be conferred on her by those of us who follow the rules; via the media/political complex.

CG


6 posted on 06/12/2008 5:39:39 PM PDT by cicero2k
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To: RKBA Democrat
If this turns into a trend, this will hurt everyone who holds a mortgage on their home because the credit companies will rejigger the ratings formulas to factor this in. They'll re-rate everyone based on their potential for negative equity.
7 posted on 06/12/2008 5:40:57 PM PDT by Sparticus (Libs, they're so open minded that their brains leaked out.)
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To: RKBA Democrat

There’s always kerosene and a homeless person.....


8 posted on 06/12/2008 5:42:44 PM PDT by Westlander (Unleash the Neutron Bomb)
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To: darkwing104

Legal, yes. Ethical? It stinks like Tijuana in August.


9 posted on 06/12/2008 5:48:20 PM PDT by Blood of Tyrants (G-d is not a Republican. But Satan is definitely a Democrat.)
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To: Blood of Tyrants

Ethical...Ethical. Sounds familiar, but not really ringing any bells. As long as its legal it’s OK, that’s the American Way!


10 posted on 06/12/2008 5:57:47 PM PDT by Wolfie
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To: HerrBlucher

“Interesting how people can justify anything by simply calling it business.”

The biggest A-holes and former “friends” I’ve know where those type of people.


11 posted on 06/12/2008 6:01:46 PM PDT by Rebelbase
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To: Westlander
There’s always kerosene and a homeless person.....

Are you proposing to set a homeless person on fire?

12 posted on 06/12/2008 6:21:32 PM PDT by 17th Miss Regt
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To: Sparticus

The easiest way to solve (and it would have been the easiest way to avert) this “trend” would be to bring back that musty, cobweb-covered old concept called the “20% down payment”. You too young t’ remember those, sonny??


13 posted on 06/12/2008 6:26:54 PM PDT by Notary Sojac (My grandkids will ask-Was there really a time when I could get on a plane without removing my shoes?)
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To: cicero2k

The mortgage on the old house will show up on her credit report.


14 posted on 06/12/2008 6:34:33 PM PDT by expatpat
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To: expatpat
The mortgage on the old house will show up on her credit report.

The new lender knows about the existing home. However, the new lender accepts a promise that the homeowner will use rental income to pay the mortgage on the first home.

The problem is that the interests of the note holder on the first home do not match the interests of the lender on the second home. The lender on the new home wants to lend money. He does not care about the homeowner defaulting on the first loan. The note holder on the first home should sue the lender of the second home for encouraging default.

15 posted on 06/12/2008 6:54:57 PM PDT by businessprofessor
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To: cicero2k
In any event, some bailout would be conferred on her by those of us who follow the rules; via the media/political complex.

BINGO!

16 posted on 06/12/2008 6:55:49 PM PDT by Gondring (I'll give up my right to die when hell freezes over my dead body!)
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To: RKBA Democrat
Don't think this will work in the end. Whatever the balance due is after her 1st house is auctioned or sold by the bank will still be her responsibility. The bank should put a lien against her assets including her second property. She will never see proceeds from that property until the lien is satisfied. They could possibly foreclose (if CA allows) on the second home to satisfy the paper.
17 posted on 06/12/2008 7:24:40 PM PDT by Damifino (The true measure of a man is found in what he would do if he knew no one would ever find out.)
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To: darkwing104; ElkGroveDan; Dog Gone; BOBTHENAILER
"Is it Legal?"

As any lowyer will tell ya... "possession is nine points of the law!"

18 posted on 06/12/2008 8:30:35 PM PDT by SierraWasp (No fool like an old fool! Juan McGore, the Republican McMaverick hates the media's challenging!!!)
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To: SierraWasp

I had a relative who did this after the Northridge Earthquake in LA. His condo association was vastly uninsured and they assessed all the owners a portion of the damages to common areas. On top of his own damages he was looking at putting some ridiculous amount into this tiny property, so he bought-up and walked.

I’m not saying I approve, but I certainly understand.


19 posted on 06/13/2008 12:01:34 AM PDT by ElkGroveDan (The road to hell is paved with the stones of pragmatism.)
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To: Damifino

“Don’t think this will work in the end. Whatever the balance due is after her 1st house is auctioned or sold by the bank will still be her responsibility.”

Depends on the state. I believe in some states mortgage debt is without recourse beyond foreclosure of the home in question. The mortgagor is left holding the bag.

Even if that isn’t the case, it’s one thing to have a debt, it’s something quite different to be able to collect on it.


20 posted on 06/13/2008 5:13:31 AM PDT by RKBA Democrat
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