Posted May 01, 2014
htown1980: Have you signed a contract? If so, isn't it too late to pull out? Won't you get sued if you do? Wouldn't that be a lot worse than going ahead with the deal?
Also, in America aren't mortgages structured so that if you default on a loan, they can only foreclose on the property and if there is a shortfall, the banks lose out? Doesn't that give you some peace of mind? (I could be wrong on that)
If it makes you feel any better, I have over $800,000 in home loans in my name (plus one non income earning dependant) and in Australia if banks foreclose and there is a shortfall, they sue me for the difference.
Yes, sort of, and it's possible. Usually the seller doesn't sue, but it can and does happen. As a preemptive buffer I had planned on offering him a months mortgage payment as an act of good faith and for keeping his house off the market for two weeks. He was upset (understandably) but he's a good dude and after speaking to him personally on the phone, we worked it out. Plus, he didn't really have the cash to sue me, and he was far and gone out of town, among other things. Also, in America aren't mortgages structured so that if you default on a loan, they can only foreclose on the property and if there is a shortfall, the banks lose out? Doesn't that give you some peace of mind? (I could be wrong on that)
If it makes you feel any better, I have over $800,000 in home loans in my name (plus one non income earning dependant) and in Australia if banks foreclose and there is a shortfall, they sue me for the difference.
Banks can and sometimes will file a deficiency judgement against the borrower if the foreclosed property makes less at a bank auction than what is owed on the loan of the original buyer, especially if the bank thinks you have the means to pay it. So if I owe $175,000 on a house but choose to strategically default, and the bank sells the house at auction for $90,000 they might file a a deficiency judgement for the $85,000 difference plus attorney fees, court costs, etc.
During the big bust a lot of real estate investors threw their hands up and walked away from their properties because they were worth far less than what they owed on them, so the banks try to recoup some losses and sue them, then the investors declare bankruptcy.
The bubble done pop!
Post edited May 05, 2014 by fortune_p_dawg