|
| | |||||||
| Register | Video Directory | FAQ | Donate | Members List | Calendar | Search | Today's Posts | Mark Forums Read | |
| Deed in Lieu of Foreclosure - Do You Need Help to Walk Away? Need Help with a deed in lieu of foreclosure AKA Take this Home & Shove It! You are not alone. We thought we would add this section to the forum to assist the homeowners that have made the tough decision to walk away from their homes. This is America and you have the right to walk away from contracts and your home. The question is what implications will you suffer for saying, "Take this home and shove it, I aint paying you no more!" Find out the good, the bad and the ugly. |
This is a discussion on Another Arizona Walk-Away within the Deed in Lieu of Foreclosure - Do You Need Help to Walk Away? forums, part of the Stop Foreclosure and Tell Us Your Story category; Originally Posted by dogatemy The problem is I am a night person so I am awake until 1-3am but I ...
| | LinkBack | Thread Tools | Display Modes |
| | #51 (permalink) | |
| Senior Member Join Date: Mar 2008
Posts: 640
Nominated 0 Times in 0 Posts TOTW/F/M Award(s): 0 | Re: Another Arizona Walk-Away Quote:
| |
| | |
| | #53 (permalink) |
| Senior Member Join Date: Feb 2009
Posts: 1,306
Nominated 0 Times in 0 Posts TOTW/F/M Award(s): 0 | Re: Another Arizona Walk-Away YOu guys are too funny. I like the idea of the book dog. I often wonder how cactus is doing. As far as the coffee machine....I have an old relec expresso maker from Krups (bottom of the line)....it keeps going like the energizer bunny and has lasted for years. I just picked up a lb of starbucks beans last night and grind my own. After two of these I am raring to go in the morning. Add a glass of prune juice before the expresso and whalah....you have the power flush. Works every time...hehehehe. I am going in to set up my bank account at Chase today with the $100 promotional check they send me. Thanks Chase! that alone will make my 2 & 3 trial payment on my 2nd with them. I got a call from the closer on that yesterday and they are pushing hard to set up an autodraft on my checking account. I told him I dont do that with my accounts. He had enough balls to ask me why and keep pushing. I just said NO. I also might do an electronic payment to them for my first with this account and deposit the fund the day of transfer. I play it close to the edge. |
| | |
| | #54 (permalink) |
| Senior Member Join Date: Feb 2009
Posts: 1,306
Nominated 0 Times in 0 Posts TOTW/F/M Award(s): 0 | Re: Another Arizona Walk-Away Hey dog and Irish Gal, we are talking over in the Chat room about getting together in Vegas in the fall and have a mortgage reunion of sorts. Its cheap to fly into and cheap everything. A friend of mine used to do conferences and conventions and Vegas #1 spot. Maybe Moe should have a mortgage conference (we need a west coast thing) there so we all can meet? What do ya think Moe? I used to do conference planning and would help. |
| | |
| | #55 (permalink) | |
| Senior Member Join Date: Mar 2009 Location: Phoenix, AZ
Posts: 315
Nominated 0 Times in 0 Posts TOTW/F/M Award(s): 0 | Re: Another Arizona Walk-Away Quote:
HAHAHAHAHAHAHAHAHHA okay.. I tried.. but I can't say that with a straight face. :-) | |
| | |
| | #56 (permalink) | |
| Senior Member Join Date: Mar 2009 Location: Phoenix, AZ
Posts: 315
Nominated 0 Times in 0 Posts TOTW/F/M Award(s): 0 | Re: Another Arizona Walk-Away Quote:
| |
| | |
| | #57 (permalink) |
| Senior Member Join Date: Mar 2008
Posts: 640
Nominated 0 Times in 0 Posts TOTW/F/M Award(s): 0 | Re: Another Arizona Walk-Away !!! I haven't done the "prune juice" thing since childhood when I would eat candy until my intestine would need DrainO to get it going again ... you crack me up ! |
| | |
| | #58 (permalink) | |
| Senior Member Join Date: Mar 2008
Posts: 640
Nominated 0 Times in 0 Posts TOTW/F/M Award(s): 0 | Re: Another Arizona Walk-Away Quote:
| |
| | |
| | #59 (permalink) |
| Senior Member Join Date: Mar 2009 Location: Phoenix, AZ
Posts: 315
Nominated 0 Times in 0 Posts TOTW/F/M Award(s): 0 | Re: Another Arizona Walk-Away Update 7/16 Chase Loss Mitigation Went Silent In one of my previous posts I noted that I spoke with Chase on 7/10 and offered them 2 options for settling: - they could take a settlement of $6,000 which is 17% of what I owe them. I will not provide any financial information as a part of the settlement. We may be able to negotiate a larger settlement depending on their demands and payment terms. - they are welcome to combine my HELOC and credit card balances into a single loan and attach a lien on the new house for either 60% of the balance with no additional interest, penalties or fees OR they can take 50% with a 2% simple interest increase every year. Based on the most recent appraisal I have about $50k in equity in the new house. Since I made the offer I have not heard from them. No daily phone calls, no emails, no letters. I called and left a voicemail on Tuesday asking for an update but no response. I wonder what evil brew they are cooking up? The silence is unnerving. The Move The move continues! I went by the house and sealed up the AC vent so no rain can enter the house and cause any additional damage. I also made sure all the windows were closed and locked so some idiot does not open the window trying to see in. Most of the windows have bars on them to protect against intruders. I finally cleared out all the furniture, shelving and everything of value. All that remains are small items that need to be gathered up. The Shed The shed also needs to be cleared out but the new house does not have a shed and I don't have the money to have one installed. I checked with AZContainers.com and they said I could have a 20' cargo container delivered for about $250 and $60/month. I could buy the cargo container at any time for about $2000 including tax. The cargo container would require that I demolish part of the block fence in the back so I can get the container over the wall. I can also rent a crane (for about $100) to get the container over the wall but I am not sure if the crane has enough room to maneuver in the alley behind the house. I think I need to make a couple more calls. Citi Loss Mitigation - old house I plan to remove all the trash, sweep the house, leave the ceiling fans piled neatly in the living room for installation then take lots of high quality pictures. The wide angle lens for my Nikon D60 is scheduled for delivery on Monday. My attorney suggested I get a cabinet guy to go in the kitchen and mark on the walls where I planned to install cabinets. This way we can show a judge (if needed) that we did not simply steal the cabinets but instead we were preparing to install them when the HELOC was terminated. I am told it is hard to get a deficiency judgment unless the bank can show you purposely damaged the house in bad faith. |
| | |
| | #60 (permalink) |
| Senior Member Join Date: Dec 2008
Posts: 247
Nominated 0 Times in 0 Posts TOTW/F/M Award(s): 0 | Re: Another Arizona Walk-Away I can't believe Chase would cancel a Heloc in the middle of a home renovation. What in the world did they think was going to happen? I'd be thinking about suing them, this is so outrageous. Truly they showed no good faith, once the market got bad they decided to pull back on everyone regardless of past agreements, this is so obsurd. They have absolutely no concern for their customers, it's all about lining their pockets with money, I can't blame you for your anger.... |
| | |
| | #61 (permalink) |
| Senior Member Join Date: Mar 2009 Location: Phoenix, AZ
Posts: 315
Nominated 0 Times in 0 Posts TOTW/F/M Award(s): 0 | Re: Another Arizona Walk-Away There was a question about the lien but I am not sure where the post went. In any case.. most states have something called the Homesteader Exception which is the amount of equity in someone's home (usually the primary residence) which cannot be liquidated to satisfy creditors. In Arizona the Homesteader Exception is $150,000: 33-1101. Homestead exemptions; persons entitled to hold homesteads A. Any person the age of eighteen or over, married or single, who resides within the state may hold as a homestead exempt from attachment, execution and forced sale, not exceeding one hundred fifty thousand dollars in value, any one of the following: 1. The person's interest in real property in one compact body upon which exists a dwelling house in which the person resides. 2. The person's interest in one condominium or cooperative in which the person resides. 3. A mobile home in which the person resides. 4. A mobile home in which the person resides plus the land upon which that mobile home is located. B. Only one homestead exemption may be held by a married couple or a single person under this section. The value as specified in this section refers to the equity of a single person or married couple. If a married couple lived together in a dwelling house, a condominium or cooperative, a mobile home or a mobile home plus land on which the mobile home is located and are then divorced, the total exemption allowed for that residence to either or both persons shall not exceed one hundred fifty thousand dollars in value. C. The homestead exemption, not exceeding the value provided for in subsection A, automatically attaches to the person's interest in identifiable cash proceeds from the voluntary or involuntary sale of the property. The homestead exemption in identifiable cash proceeds continues for eighteen months after the date of the sale of the property or until the person establishes a new homestead with the proceeds, whichever period is shorter. Only one homestead exemption at a time may be held by a person under this section. I threw the idea of moving the lien to the new house because it would be an easy way to avoid having to file for bankruptcy and would basically end their collection efforts. As I said in the post.. they would have to package everything into one lien, take a significantly loss on the debt, end their interest and fee collections and it would be their responsibility to renew the lien every 5 or 10 years (I can't remember how long between lien renewals in Arizona). If the fail to renew the lien then the debt becomes noncollectable after 3 years without a judgment. If I file for bankruptcy then I could bring a motion to strip the lien from the house during liquidation (which may or may not be successful but it would be worth a try). I also assume everyone knows inflation is going to pickup pretty quickly in the next couple of years which will eat this debt away at the rate of 5+% per year. |
| | |
| | #62 (permalink) |
| Senior Member Join Date: Mar 2009 Location: Phoenix, AZ
Posts: 315
Nominated 0 Times in 0 Posts TOTW/F/M Award(s): 0 | Re: Another Arizona Walk-Away Update 7/16/09 FedEx Arrived I received a FedEx Next Day Air package from Radian Guaranty in Baltimore, MD yesterday. Here is the packet I received: PAGE 1 RADIAN July 14, 2009 Name Address City, State ZIP RE: Radian Certificiate # Mortgage Loan # Dear FIRST LAST: Radian Guaranty Inc (Radian) has been notified by your mortgage servicer, CITIMORTGAGE INC, that you have encountered difficulty maintaining your mortgage obligation. Radian Guaranty provides mortgage insurance in connection with your loan. Our coverage protects the mortgage lender against loss that may be incurred as a result of a default. Therefore, Radian has a financial interest in helping you resolve your situation. Feel free to visit our website at www.mortgagehelp.radian.biz to learn about our business and assistance programs that may be available. Personal and financial information is required to evaluate your situation. Please carefully read these instructions: 1. Fully complete the enclosed form as accurately as possible. 2. Immediately return the completed form via fax or in the enclosed, self-addressed prepaid express mail envelope. Our fax number is (410) 385-0097. Upon receipt of your completed form, Radian will evaluate your situation and relay your information to your mortgage servicer along with our recommendation. Please note that your mortgage servicer may require copies of your most recent pay stub, bank/checking account statement and possibly federal income tax returns. You will greatly speed up the review process by submitting this documentation now along with the completed form to Radian. It should be understood that all assistance programs are subject to written approval from your mortgage servicer. Feel free to contact me us at (866) 219-8931 if you have questions. Sincerely, Radian Guaranty Inc. Federal Law requires that we advise you that we are a debt collector attempting to collect a debt. Any information obtained may be used for that purpose. If you or your loan is subject to pending bankruptcy proceedings, or if you received a bankruptcy discharge, this communication is for informational purposes only and not an attempt to collect a debt. PAGE 2 Radian Guaranty Inc. Privacy Notice We at Radian Guaranty Inc. respect your concerns about privacy. This Privacy Notice describes the types of nonpublic personal information we collect from you when you ask us for assistance in evaluating and maintaining your mortgage obligation, how we may share this information and how we safeguard the information. Information We Collect (underlined) When you ask for assistance in evaluating and maintaining your mortgage obligation, we may collect non-public personal information about you from the following sources: - Information you submit on the enclosed Radian Guaranty Borrower Financial Information Form; - Information you submit by calling us at (800) 523-1988, ext 1029; and - Information you submit by visiting us online at www.mortgagehelp.radian.biz. We ask you to provide the following information: - Your contact information (such as your name, home address, phone number and email address) - Information about your property (such as mortgage balances, property taxes and homeowner association fees); - Information about your income and assets (such as monthly income, bank, brokerage and retirement account balances and the number of properties you own); and - Information about your debts (such as your auto loans, credit card balances and child support obligations). Information We Share (underlined) We may disclosed nonpublic personal information about you to service providers who perform services on our behalf, the lender and servicer of your mortgage and credit counciling services to assist you in evaluating and maintaining your mortgage obligation. We also may disclose nonpublic personal information about you to other non-affiliated third parties as permitted or required by law. Information Security (underlined) We restrict access to nonpublic personal information about you to those employees who need to know that information to provide services to you. We maintain physical, electronic and procedural safeguards that comply with state and federal regulations to protect nonpublic personal information we have about you. Page 3 BORROWER FINANCIAL INFORMATION Radian Guaranty Certificate Number 99275621 (Here is a list of info they want) Name / Social / Date of Birth/ Home / Work / Cell Coborrower / Social/ DOB/ Home / Work / Cell Mailing Address Property Address Number of Dependants Do you occupy the property? Rental? Copy of lease agreement Property listed for sale? Listing agreement? Agent Name? Number? Citimortgage assisting you? Servicing specialist? Do you pay taxes outside of your mortgage? Bankcrupcty? Chapter 7 or 13? Filing date? Discharged? INVOLUNTARY INABILITY TO PAY I (We) am/are requesting that Radian Guaranty Inc (Radian) review my/our financial situation to determine if mortgage assistance is an option. I (We) understand that any workout option must be approved in writing by my mortgage servicer and/or lender. I am having difficulty making my monthly payment because of financial difficulties created by: (check all that apply) - Abandonment of the Property - Business Failure - Casualty Loss - Curtailment of Income - Death in Family - Death of Mortgager - Distant Employment Transfer - Excess Obligation - Fraud - Illness in Family / Mortgagor - Inability to Rent Property - Incarceration - Marital Difficulties - Military Service - Payment Adjustment - Payment Dispute - Property Problems - Title Problems - Transferring Property - Unemployment I believe my situation is: - Short Term - Long Term - Permanent I want to: - Keep My House - Sell My House PLEASE PROVIDE A DETAILED EXPLANATION OF THE HARDSHIP ON A SEPERATE SHEET OF PAPER If there are additional liens / mortgages or judgements on this property, please name the person, company or firm and their respective telephone numbers. Page 4 BORROWER FINANCIAL INFORMATION PAGE 2 (Information they want on this page is the item and the amount for the following INCOME - Wages - Enemployment Income - Child Support / Alimony - Disability Income - Rents Received - Other - Less Federal and state tax, FICA - Less Other Deductions (401k, etc) EXPENSES - Mortgages / leins - Auto Loans - Auto Expenses / Insurance - Credit cards / Installment loans - Health Insurance - Medical - Child Support - Food / Spending Money - Water / Sewer / Utilities / Phone - Other ASSETS - Checking - Savings / MM - Stocks / Bonds / CDs - IRA - 401k / ESPO Accounts - Home - Other real estate - Cars - Other Please mail this form and documentation to MSV / Radian Guaranty Inc. 210 East Redwood Street, Baltimore, MD 21202 ATTN: Loan Workout Department. Radian Guaranty appreciates your cooperation. |
| | |
| | #63 (permalink) |
| Senior Member Join Date: Mar 2009 Location: Phoenix, AZ
Posts: 315
Nominated 0 Times in 0 Posts TOTW/F/M Award(s): 0 | Re: Another Arizona Walk-Away If they have a financial interest in the property, know I am no longer living there and I have no interest in maintaining ownership of the property then I wonder if they could put pressure on Citi to speed up the foreclosure? I may fax them something saying that I have no interest in maintaining ownership and remind them that waiting to foreclose will only lead to additional loss on their part. |
| | |
| | #64 (permalink) |
| Senior Member Join Date: Feb 2009
Posts: 1,306
Nominated 0 Times in 0 Posts TOTW/F/M Award(s): 0 | Re: Another Arizona Walk-Away I dont know dog, why would these people want to help you keep the house? ANd why would a mortgage insurance company be doing Loan workouts? Unless it is a new avenue they are using to force lenders to do workouts so they dont have to pay out? Sure sounds like they may want all that info to use against you (or the lender) in someway. Like they want proof to pay out a claim to Citi when it is foreclosed upon? I always am suspicious and expect the worst....Maybe you should give this Radian a call and feel them out on all this? |
| | |
| | #65 (permalink) | |
| Senior Member Join Date: Mar 2009 Location: Phoenix, AZ
Posts: 315
Nominated 0 Times in 0 Posts TOTW/F/M Award(s): 0 | Re: Another Arizona Walk-Away Quote:
Personally.. I think most types of insurance should be illegal. The reason why car insurance is so expensive is because car repair is so expensive. Car insurance and car repair is only expensive because most people car insurance can afford to pay unreasbale car repair bills. If everyone had to pay in cash for car repair then I can guarentee the costs would be alot lower. Same for health insurance. The funny quote I found on Radian's website was this: Federal law requires that we advise you that we are a debt collector attempting to collect a debt. Any information obtained may be used for that purpose. If you or your mortgage loan are subject to pending bankruptcy procedures, or if you received a bankruptcy discharge, information communicated via this website is for informational purposes only and not an attempt to collect a debt. So.. What Radian is saying is that they are collecting a debt unless we can't then we're just trying to be helpful. That is just like saying, "we're here to stab you in the back and rape your daughter unless you happen to be wearing body armor then we'll just be friends". | |
| | |
| | #66 (permalink) |
| Senior Member Join Date: Mar 2009 Location: Phoenix, AZ
Posts: 315
Nominated 0 Times in 0 Posts TOTW/F/M Award(s): 0 | Re: Another Arizona Walk-Away Wow.. excuse the spelling in that last post. I was trying to drink my Latte while typing and that just didn't work out well for any of us! |
| | |
| | #67 (permalink) |
| Senior Member Join Date: Feb 2009
Posts: 1,306
Nominated 0 Times in 0 Posts TOTW/F/M Award(s): 0 | Re: Another Arizona Walk-Away thats interesting they are a "debt collector" AKA Radian Loan Workout group. Do they mention this on the request for financial info they sent you? Sounds like some fraudulent misrepresentation. |
| | |
| | #68 (permalink) | |
| Senior Member Join Date: Mar 2009 Location: Phoenix, AZ
Posts: 315
Nominated 0 Times in 0 Posts TOTW/F/M Award(s): 0 | Re: Another Arizona Walk-Away Quote:
The mortgage industry is interesting. My loan was given by a company that waits 90 days then sells the loan to FreddieMac. FreddieMac bundles the loans together and sells them to investors as Collateralized Debt Obligations (CDOs). FreddieMac demands that any mortgage to be bought with less than 20% down also requires that the individual assets are insured by Mortgage Insurance. What I am trying to understand is if my loan, serviced by CitiMortgage, insured by Radian is chopped up and sold as a CDO to hundreds of investors then who does Citi need to get permission from to renegotiate the terms of a loan? Is it Radian who pays the difference between the writedown amount and the original principal amount? or does Citi only need FreddieMac's approval? or do they need approval from every investor? I wish someone who had first-hand knowledge of EXACTLY how this process works would chime in. I would be curious. | |
| | |
| | #69 (permalink) |
| Senior Member Join Date: Jul 2009
Posts: 30
Nominated 0 Times in 0 Posts TOTW/F/M Award(s): 0 | Re: Another Arizona Walk-Away Dogatemy, Can't answer your last question about how the process works but to address the request of the PMI company for your financials, I would be very hesitant to give them this info! I've read on here where the PMI companies can potentially go after borrowers after foreclosure for the money they lose in having to pay to the lender, even if the bank has no recourse against you. If your assets look good on paper they may mark you as a target as someone worth pursuing in court. I can't back up that this is happening but in my paranoid mind it seems like a possibility. Even if something isn't likely to happen but still is possible, it makes me anxious. |
| | |
| | #70 (permalink) |
| Senior Member Join Date: Mar 2009 Location: Phoenix, AZ
Posts: 315
Nominated 0 Times in 0 Posts TOTW/F/M Award(s): 0 | Re: Another Arizona Walk-Away Update 7/17/09 Insurance Company My insurance agent called to say he received a letter from his underwriter saying the house was vacant. Not sure where that came from because I received nothing from the bank and nothing on the house saying it was vacant or they were securing the property. I only moved out recently. Here is the general Q&A from the insurance agent. He's a funny guy so we joked a bit: Q: (reading from email) Did you turn off utilities, secure the electrical boxes and turn off the water? A: "yes.. I turned everything off, installed security bars on the rear of the property and the house comes with steel doors with good deadbolts". Response: "Good.. otherwise they would refuse claims for damage from water leaks, leaking or broken appliances or electrical related damage such as fire." Q: Do I still have general liability ("if someone were to trip and fall on the property or try to commit suicide by climbing onto the single story roof and leaping to their death only to survive with head trauma". A: Insurance will cover all general liability unless the person was trying to commit vandalism (ie: trying to pour gasoline through the AC intake vent only to trip and fall off the roof. If you find them unconscious then remember to drag them into the neighbors yard.) Q: "Can you separate liability coverage from the homeowners coverage? I am uncomfortable with only partial coverage of the house and would like to push the mortgage company to insure their asset." A: No. it is an "all or nothing" proposition. If you cancel then the bank will probably insure the house even in case of vandalism or damage arising in connection with vandalism but then you loose liability coverage in case something happens outside of the house. Q: Can I just call the bank and tell them I canceled coverage? A: They probably would not bother insuring the house until they receive a cancellation notice from us. The cancellation notices are sent automatically. Q: Can't you just lie? Jeez.. help me out here? A: Nope.. by the way.. I need to update your car insurance information! hehehehe I am pretty much judgment proof so I don't see anyone trying to sue me for doing something stupid like falling off a roof. If they did then there would be medical bills, attorneys cost and no payout after I file for Chapter 7. Anyone else cancel their homeowners insurance during the foreclosure process? |
| | |
| | #71 (permalink) |
| Senior Member Join Date: Mar 2009 Location: Phoenix, AZ
Posts: 315
Nominated 0 Times in 0 Posts TOTW/F/M Award(s): 0 | Re: Another Arizona Walk-Away Oh.. the car insurance line is an old joke. I used to live with my friend out in the desert many years ago and it took me forever to update the car insurance information. I won't admit to insurance fraud in this post but needless to say after updating the address where my car was garaged.. I saw a precipitous increase in my premiums. When he asks to update my insurance information I tell him, "oh.. just use the desert dwelling address". |
| | |
| | #72 (permalink) |
| Senior Member Join Date: Feb 2009
Posts: 1,306
Nominated 0 Times in 0 Posts TOTW/F/M Award(s): 0 | Re: Another Arizona Walk-Away Dog, Sure sounds like your lender is going above and beyond to find info out since you wont cooperate and provide anything. The mortgage insurer, the underwriter? I tend to think Noegero is correct about them mortgage insurer attempting to come after people if you look good on paper. God know they gotta think of something corrective to shore up their losses. "desert dwelling address" hehehehehe I like your humor dog. I suppose I better go down and get my certified check to send to WAMU for my 2nd trial mod payment.....I keep reminding myself I am buying time, I am buying time. Where are those ruby slippers? |
| | |
| | #73 (permalink) | |
| Senior Member Join Date: Mar 2009 Location: Phoenix, AZ
Posts: 315
Nominated 0 Times in 0 Posts TOTW/F/M Award(s): 0 | Re: Another Arizona Walk-Away Quote:
They really should just move this process along and try to make the best of a loosing situation for everyone involved. I still blame Chase.. | |
| | |
| | #75 (permalink) |
| Senior Member Join Date: Jan 2009 Location: West of Phoenix
Posts: 32
Nominated 0 Times in 0 Posts TOTW/F/M Award(s): 0 | Re: Another Arizona Walk-Away Thank you for continuing to update your story and share your chat with your insurance company. I would be very leerey to release any financial information as they can use any information they get and turn it against you. |
| | |
| Tags |
| arizona deed in lieu, arizona foreclosure, deed in lieu of foreclosure |
| Thread Tools | |
| Display Modes | |
| |