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Would you walk away?

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  • Would you walk away?

    I had a pretty serious discussion with a friend this weekend and I mentioned that perhaps they should walk away from their home. I never thought I would ever say that to a friend, urging and suggesting it. She said they couldn't, it was unethical, but I just feel like it might be a good idea.

    First off they really need to talk to a real estate attorney but they are being cheap and not doing it. I urged her to push her husband so they can consider BK.

    Would you do it if you were in this scenario?

    Last April their condo building burnt. There was a lot of damage and everyone had to move out. They have been renting since then. The building was so old there was no sprinkler system because it was not required when built "grandfathered" in.

    They paid $525k for their 1 bd condo. Yes that's right. They put down $200k. They were actually in the midst of selling it because they were pregnant with their 2nd child. They can't sell it now obviously.

    Right now it appears that the earliest people could move in might be this September. The condo association is now going to raise monthly HOA fees, and potentially there will be a one time special assessment of $60k+. They currently pay $800/month in HOA fee, but it includes heat, etc. This should be going up.

    I told her that perhaps it would be best to have stopped paying on their mortgage and walk away.

    Her argument is that they have $200k in their place. My argument to consider is, whose going to pay close to $525k when HOA fees are going up? And with the special assessment that cuts into their $200k down payment. Also what happens if other people can't afford their mortgage and rent, like my friends and have already stopped paying their mortgages? And foreclosures in the building go sky high? Property values will drop right?

    I wonder is it so crazy to consider walking away? I am praying they take the advice to talk to a lawyer, but financially when does it make sense to walk away?
    LivingAlmostLarge Blog

  • #2
    2 questions:

    1) They didn't have insurance?

    2) What's the condo valued at now?

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    • #3
      Originally posted by LivingAlmostLarge View Post

      I wonder is it so crazy to consider walking away? I am praying they take the advice to talk to a lawyer, but financially when does it make sense to walk away?
      IMO, when you can no longer make the payment.

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      • #4
        They have insurance but I think they are still fighting about the settlement and it won't cover teh assessment or loss of value. I don't even think it'll cover all these months of renting.

        Value? No idea what it's worth now, but maybe $400k. People are selling that and below.

        but what if you can afford the payment littleroc?
        LivingAlmostLarge Blog

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        • #5
          Slightly off topic...But, are you friends with tripods68 who posted under Generl Discussion "Would you walk away from your home?"

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          • #6
            Then they signed a contract and they should ethically stand by it. That's just my stance. I would choose to be honorable, you have to remember that investments are risky and sometimes they don't work out. So, why should the bank suffer, because you promised them you would make the payment, you can, but you don't feel like it anymore. If that is the way people want society to be, then I'm gonna go out and finance a car and not make payments on it.

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            • #7
              are they by chance in chicago? (throwing my armchair psychic card on the table, lets see how well i do).

              oh, and having 200k on the table in this situation and not putting 150-200 bucks towards 30 min with a lawyer or FP is really insane.

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              • #8
                so they bought for $525k, paid down $200k, (=mortgage of $325) and the condo is worth $400k - I don't see what the problem is.

                And I don't see what could be solved by walking away from the property.

                morals/ethics aside, I don't know why they would walk away at all. it'd just trash their credit for no reason.

                For the insurance, it's a pretty straighforward situation. Loss due to fire is covered under every policy. Then you'd just look at if they had proper coverage, and what value the condo was insured at. Look at policy - see terms of payout in case of a covered loss - payout based on policy. If they're giving them the run-around, get a lawyer like rj said.

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                • #9
                  I would def just walk away

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                  • #10
                    Nope, it's possibly lower than the $400k. They dont' know the full extent of the special assessment and new HOA fees. It's going to hurt the resale.

                    and nope on tripod's friends and not chicago. And insurance doesn't cover everything. Depends on what you have.

                    Littleroc, I definitely see what you are saying, they can afford it and should pay. But remember strategic defaulters? I know more than a few who did it.
                    LivingAlmostLarge Blog

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                    • #11
                      Condominium Unit Owners Insurance - State Farm

                      What Condo Insurance Covers

                      Condo Insurance Covers:
                      Examples not limited to:

                      Fire or Lightning
                      •Windstorm or Hail
                      •Freezing of plumbing system
                      •Theft
                      So loss due to fire is a covered loss. Then you look at which policy types you have: (A, B, C or D or some combination of those)

                      What coverages are available?

                      And then it can be determined how much they will pay out based on the coverage in place at the time of the loss due to fire.

                      Just because they're currently getting the run-around doesn't mean they're not going to be paid for the loss.

                      Unless their insurance doesn't cover the property - and then that was extremely foolish of them to buy a half million property and not insure it. I would bet that they have at least coverage A. So they should be getting a check from the insurance company based on either the amount of repairs needed to the property, or the loss in value due to the fire.

                      The most basic portion of homeowner's insurance, is to protect the building itself.

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