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Are We Seeing A New Trend: Guilt-Free Foreclosures ?

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THORNTON, CO - AUGUST 22:  Housing counselor Tammy Trucker speaks on foreclosure prevention to distressed homeowners at a housing fair on August 22, 2009 in Thornton, Colorado. The event brought mortgage lenders and homeowners, many of them in danger of losing their homes, together in order to renegotiate loans and possibly avoid foreclosure. Following a national trend, home foreclosures in Colorado shot up in the second quarter of the year to the highest point since 2007.  (Photo by John Moore/Getty Images)

Not three hours ago, I got off the phone with a friend who shared that his house would probably end up in foreclosure. He doesn't want that to happen and had spent several months and 150 pages worth of documentation to get a loan modification. Last week, he learned the loan modification was rejected.

While he is struggling to get his head around the entire situation, one thing he does not plan to do is become a squatter in his own home. Evidently, he is bucking a trend.

Recently, David Streitfeld wrote a piece for The New York Times featuring homeowners who go into foreclosure but still live in their homes, sometimes for a couple of years.

A growing number of the people whose homes are in foreclosure are refusing to slink away in shame. They are fashioning a sort of homemade mortgage modification, one that brings their payments all the way down to zero. They use the money they save to get back on their feet or just get by.

This type of modification does not beg for a lender’s permission but is delivered as an ultimatum: Force me out if you can. Any moral qualms are overshadowed by a conviction that the banks created the crisis by snookering homeowners with loans that got them in over their heads.

In his story, Streitfeld shares that there are no statistics on the number of people who are  allowing their house to go into foreclosure and then continue to live there, rent-free. He quotes real estate experts who say the number is on the rise.  But, are we talking about five percent, 20 percent, a baker's dozen? 

I don't doubt that there are people who decide to stay in their foreclosed home until the last possible minute. In fact, I've heard of realtors, attorneys and accountants advising their clients to do just that to get back on their feet. What we don't know is if the percentage of people who are doing this has increased, or are there just more people doing it because there are more homes in foreclosure?

What we do know is that people have very strong reactions to the entire concept. David Dayen's post at Firedoglake on the situation garnered 137 comments, a great deal of name-calling, and multiple points of view.  Dayen is on the side of the homeowners:

The smart people on Wall Street told everyone it didn’t matter if these homes went into foreclosure, since they sliced and diced them so finely that no investor would take a hit. Well, consider these folks as beta testers for your risk spread theories.

While quite a few commenters took the position that businesses walk away from deals all the time, there were other commenters who shared their righteous indignation:

I guess what bothers me about all this is that because I DO pay all my bills, I do not have money to do the things that these foreclosed upon people do. I do not go out to dinner (and if I did, I would order the cheapest thing on the menu), I do not have an airboat! etc. It just really sucks for the people who play by the rules -– who live within their means even when it is tempting not to.

I just find the whole thing (and I am not forgetting about the banks) discouraging and defeating.

Several of the commenters were critical of The New York Times for selecting an unsympathetic couple as the example of people who live in a home rent-free after their house goes into foreclosure. In particular, people took offense that the couple featured in the story still has a boat and that

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CasperJack14 5 pts

I am right in danger of ending up in the situation you blogged about here. While many people end up in their situations due to money mis-management or losing a job, I am in this position because of a divorce. My house was purchased when I was married and there was an additional $1200 in income each month. The banks gave us the loan in my name only because my ex had horrible credit, but considered his income in factoring what we could afford (because we were married). Now it's 1.5 years after we divorced and I got stuck with a house that I cannot afford. I've ended up draining 401(k) funds, borrowing money, trying to take in roommates, selling off items I had... you name it. I am STILL very close to foreclosure.

I've recently enlisted the help of a foreclosure prevention counselor, but even he seems to think the situation is bleak. Even IF I get the bank to agree to a repayment plan for the amount I am behind, that doesn't fix the original problem - that the house is just too much for me with the repairs needed, utilities (take into account we are in the middle of winter in northern New England). So what happens to me? If my only option ends up being foreclosure, the counselor has advised me to live in the house for several months and put money away to get back on my feet.

Does that make me a horrible person? No. I don't think so. I've been trying to work with the banks to pay what I can and get back on my feet, but it's caused my credit score to be absolutely wrecked with nothing to show for it. Believe me, I'd rather pay my mortgage, but I just can't keep up with it and all the other bills.

After this experience, I'm not even sure I ever want to own a home again.

DeanaBirks 5 pts

What I don't get is the weird jealous expressed by the people who say, "I play by the rules and these people get all these benefits!" If I'm not mistaken, they have their credit ruined by doing this. So it's not exactly the best thing that ever happened to them.

Deana Birks
Eat. Drink. Read. Blog. ( http://www.deanabirks.com )

IsleDance 5 pts

Yes. There is no more shame about this, but acceptance that this is sometimes necessary...an inconvenience, if you will. Stunning, these changes of time.

One Friday night, I loaded up my life and headed out... ( http://isledance.blogspot.com )

Diane Giraudo-McDermott 5 pts

Diane Giraudo-McDermott

I sold my house in a raffle, and this can be a fabulous solution for some homeowners who cannot sell their home in the conventional way of waiting for a buyer who can qualify for a bank loan. If a homeowner can see early on that they won't be able to avoid foreclosure, a solution may be to raffle the house. However, it is only a solution for some. Recently, I was contacted by a homeowner in Victorville, CA, and realtors won't even list his property because the neighborhood has deteriorated so much -- but with the large number of homes on the market to choose from, a nonprofit would not want to touch it either. I know some people did not budget properly and overspent, but many have lost their jobs due to the sluggish economy, and are up against a wall to make those mortgage payments.
Autor of I Sold My House in a Raffle, A Proven Step-by-Step Method to Get Your Asking Price, Save Money, Save Time, & Help a Charity Too!
www.isoldmyhouseinaraffle.com ( http://www.isoldmyhouseinaraffle.com )

Elana Centor 5 pts

My friends who were hoping for the loan modification were planning on renting their home too. I'm curious if your neighbor now gets twice as much in rent as their mortgage payment, why they are still going thru foreclosure...seems like renting it could be a nice source of long-term income.

Elana

BlogHer Contributing Editor: Business & Career

FunnyBusiness ( http://funnybusiness.typepad.com/funnybusiness )

JennaHatfield 10 pts

Our neighbors who "lost" their house to foreclosure did move out. And then rented it out to people for double what their mortgage cost was when they were paying it. So now they have the rent at their new house paid for and extra money just piling up. You know, while we save and modify our home slowly.

Sigh.

Jenna Hatfield (@FireMom ( http://twitter.com/FireMom )), from Stop, Drop and Blog ( http://stopdropandblog.com ) and The Chronicles of Munchkin Land ( http://thechroniclesofmunchkinland.com ), is a freelance writer and newspaper photographer.

WritRams 5 pts

I read the NYT article and was shocked that the couple was so forthcoming. I'm not judging--I know several people in the same situation--but wondered if the couple now would become a target for their bank/mortgage company.

Thanks for this post.

Jacqueline Wilson (aka: WritRams) is a writer, blogger, educator, mother and wife. You can find her on her Writer Ramblings blog at www.WritRams.com ( http://www.writrams.com ) writing about a little of everything...maybe even you.