I’m curious as to how those of you on RELIB feel about this. Is it fraud or is the homeowner justified?
Foreclosures are not slowing and bank owned homes are continuing to rise in the market resulting in home values decreasing as much as 40% or more in the worst areas. What is a distressed homeowner to do? Some are getting creative avoiding their losses, but are they getting away with fraud?
A nasty mix: Distressed homeowners can’t make their payment and are facing foreclosure if the bank will not modify their loan. Their home is now worth half it was when they purchased it. Their credit is still good. They approach a real estate agent for help. Some agents encourage the homeowner to “buy and bail”. Unfortunately, agents in some areas see nothing wrong with this and consider the lender’s unwillingness to modify the loan a business deal, so this is one as well.
Here’s the twist: The homeowner gets qualified for a second loan by proposing to rent their existing home to cover the second mortgage payments. They only need to provide a rental agreement showing they will rent their first home. The underwriters allow rental income to cover as much as 75% of the mortgage payments on the first home. This allows the second mortgage to be secured that may not otherwise be affordable. Once approved for the loan, they purchase another home and then walk away from the existing home rather than renting it. This is the “Buy and Bail”. It is happening a lot in California. California is a non-deficiency state where it is more difficult for a lender to sue consumers who walk away from their mortgages, although if the homeowner purchased or refinanced their home with a line of credit, they could more easily be sued by the lender.
It is worth the risk? I am deeply saddened for the distressed homeowner, but I think it is fraud anyway you look at it and Fannie Mae considers it fraud. If some seem to have gotten away with it, I am assuming it will catch up with them in time. When the crisis is over, banks could go back and pick up the remnants of their losses when time allows; this one probably would be first on the list.
Fannie Mae is now fighting back: They have recently revised their guidelines for such a scenario. Applicants who will rent their first home will be required to produce supporting evidence, including an executed lease agreement. They will also have to prove they can pay the mortgage, property tax and insurance for both residences. Exceptions will only be made for borrowers who have at least 30% equity in their current home.