Old 10-14-2008, 01:08 AM   #1 (permalink)
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Stalled Remodel: GMAC 1st & HELOC

My tale of woe is somewhat more complicated than average. I did a refi at an independent bank, that inturn sold both loans to GMAC. At the time (two plus years ago), my commision earnings were steady with an upward trajectory. Based on my confidence in this income stream, I elected to go for a 15 years mortgage instead of the more traditional 30 year note, with the hope of possibly paying it off in 10 years time. My plans also included some remodeling to update and improve the 9 year old property, so I decided to add a line of credit at the same, but did not take any draw at close.

Based on my high FICO scores and low LTV (35% on the 1st only / 65% with the HELOC 2nd -- based on a $475k appraisal) I qualified for GMAC's "Go Fast" minimal documentation program. This was a stated income / stated asset documentation, with no rate concessions associated. I could have gone full doc and easily qualified, but the convienence of not having to turn up documents was appealing, especially since it didn't increase my interest rate. The 1st was fixed at 5.5% and the HELOC terms were Prime minus one percent.

I didn't get started on the remodel idea until much later in the year. As it happens, I bumped in to a high school friend I hadn't seen in years, who, conviently enough, was a general contractor. Long story, less boring: my "friend" somehow morphed my modest remodel plans in to a whole-house remodel. With the house still torn up (all flooring removed, bathrooms guted, all lighting fixtures and interior doors removed, etc.), I had gone through my entire line of available credit on the HELOC and quickly realized I still needed more money to put the house back together. I contacted GMAC about increasing my line and they offered to add $50K to my line via modification.

Meanwhile my old high school chum ends up in the middle of a nasty divorce; with him falling in to the bottle, which had him drinking in the morning and showing up to work under the influence. This was followed by a mental break down, which I unfortunately was witness to. The result was he quit, took his tools and refused to work on my house, or to finish the work he had agreed to. He turned to drugs after quiting and given his unstable personality and pension for violence, I'm happy to have severed our ties and am trying to put this behind me now.

Out some serious money now and living in a gutted home (everything was donated to Habitat for Humanity), I'm left on the horns of a dilemma: Do I throw good money after bad trying to finish the remodel -- possibly leaving myself with nothing to live on and no reserves in the end, or do I just cut my losses and give the house back to the bank? I could ask for the Deed in Lieu of Foreclosure or consider a Short Sale, but I'm not sure how this would work out, considering the "As Is" condition and the difficulties of getting the house appraised, such that anyone could get a loan on it, excepting possibly some sort of rehab loan.

Because my income decreased from the when I first took out these loans, and because the income projections I used to restate my income during the increased line modification may not have come to pass (I'm not sure what figure they were given) I'm leary about mistepping by providing such information (the proverbial rope to hang you with). Everything I have read here suggests that income and expense information are a requirements of the modification process, but a friend suggested that they might be willing to change the 15 years ammortization to 30 years with no documentation.

Getting them to give me more money to finish the remodel might be a stretch, though it seems to me that the investor might have an interest if the funds were paid directly to a contractor, as this would leave them with a more marketable home, should foreclosure follow the modification. If the house was put back together, it would still be down 200k+ in value. The economy continues to impact my earnings, so I'm considering things I never thought I would, The 2nd lien has a larger principal balance ($175k) than does the 1st lien ($150k), which could allow me to pay on the 2nd for now, and allow GMAC to forclose on the 1st, in order to shield myself from recourse on the 2nd (opinions seem to vary on that stategy). Last month, I missed my first payments on both the 1st and 2nd liens.

If you have read this far, thank you for taking the time to do so.

Any opinions, guidance or advice here would be very much appreciated.


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Old 10-14-2008, 02:47 AM   #2 (permalink)
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Re: Stalled Remodel: GMAC 1st & HELOC

anywho,
Welcome, *** or Moe will be by as soon as they can to give you some direction, Hang in there!

If you are considering walking from the house because of the numbers, you may want to look through the threads by Prof. Shays in the "walking away" posts.
Good luck!
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Old 10-14-2008, 08:00 AM   #3 (permalink)
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Re: Stalled Remodel: GMAC 1st & HELOC

anywho,

Welcome to the forum and thank you for joining.................

You would need to start by contacting GMAC and see what the options are from the investors on the loans. They will let you know what they would be able to do.

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Old 10-14-2008, 10:20 AM   #4 (permalink)
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Re: Stalled Remodel: GMAC 1st & HELOC

Thanks for the reply, ***.

I did receive a call from the collections dept. at GMAC. The person I spoke with tried to press me to send financial info, and I asked what range of options I was going to be offered. According to her: modification , Deed in Lieu and Short Sale were considerations. How do I find out who the investor is? Does GMAC always sell the loan and continue to service the loan? Are servicers not "investors" too?

If we assume that the full range of options are available to settle this (and posts here seem to suggest that is the case with GMAC), then if I skip the collection dept. and speak to loss mitigation, what is going to be my strongest hand to play, considering the deconstructed state of the home and my reluctance to provide financial information? Does the fact that both loans are being serviced by GMAC work to my advantage here? Can we please address the specific considerations with regard to the incomplete remodel and whether this strengthtns or weakens my negotiating position? Is the idea of GMAC lending me more money to complete the construction make any sense to pursue? Is there anything else I need to consider here?

Thank you in advance for whatever information or thoughts you may have to offer.
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Old 10-14-2008, 10:40 AM   #5 (permalink)
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Re: Stalled Remodel: GMAC 1st & HELOC

First.............don't speak to collections..........they are a different dept. and they really don't know what options the investor on the loan will have...........you need to call the number that I posted above for you.
Also since most lenders are closing out HELOC's...........the chances of getting a lender to give you more money on a HELOC are slim to none.
And the lender when foreclosing would not really need the property to be finished as they sell the property in "as is" condition and price it accordingly......
So call and see what options the investor on your loan would have.
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Old 10-14-2008, 11:38 AM   #6 (permalink)
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Re: Stalled Remodel: GMAC 1st & HELOC

Thanks for the suggestions, ***.

I have been holding off on the first call to Loss Mitagation, wanting to better understand my range of options first, in case that initial call turned in to the opening negotiation. With a few options here, I wanted to have my goal more clearly defined before proceeding. Interestingly enough a friend just offered that I might want to inquire about having them combining the two loans in to one, in order to prevent a future collections possibility on the 2nd lien. GMAC sent a letter last week to advise me that my line of credit was cut off; which they could choose to re-open, but as you point out , seems a remote possibility at this point, which leaves me to weight the merits of living in a torn up home trying to come up with funds for each phase of the construction, which could be a several year process. It really is depressing having to live in a construction site.
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Old 10-14-2008, 04:40 PM   #7 (permalink)
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Re: Stalled Remodel: GMAC 1st & HELOC

Anyone else here dealing with a similar situation?
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Old 10-14-2008, 06:09 PM   #8 (permalink)
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Re: Stalled Remodel: GMAC 1st & HELOC

We had one other member dealing with a construction loan from IndyMac and they were also in the midst of fixing up the property as well..........if I can find the thread I will post it for you..............

In order to combine a first and second mortgage you would need to refinance it.......a modification would not work like a refi...........if you are able to qualify for a refi you might want to try that route......
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Old 10-15-2008, 05:31 PM   #9 (permalink)
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Re: Stalled Remodel: GMAC 1st & HELOC

Thanks for the input and helping me eliminate an idea that is unworkable.

I don't think a refi is possible for me, given the current value of my home. I have also been told (by an appraiser) that the lack of flooring would likely be a dealkiller for most lenders.

I have been toying with the idea of asking whether the investor on the 1st would be willing to modify the current 15 year ammortization to 30 years. If I'm not asking for a rate reduction or any other change of terms, do you think it's possible that they would seriously consider this proposal -- even if I'm not willing to provide any financial information to them?

Last edited by anywho; 10-15-2008 at 05:33 PM..
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Old 10-15-2008, 07:38 PM   #10 (permalink)
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Re: Stalled Remodel: GMAC 1st & HELOC

Yes...........I have seen that done before from 15 to 30 and also 30 to 40.......so that could be a possibility........
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Old 10-16-2008, 07:05 PM   #11 (permalink)
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Re: Stalled Remodel: GMAC 1st & HELOC

I hadn't even considered asking to see if we could go from 15 to 40. Thanks for the suggestion!

Related Q: Is 40 year fully ammortized more appealing to investors than is an intest only modification for a fixed period of 5 or 10 years?
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Old 10-16-2008, 07:26 PM   #12 (permalink)
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Re: Stalled Remodel: GMAC 1st & HELOC

the investors and servicers make the money on the interest and fees........

you will just have to see what options you will have.............
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