Need input/advice from folks who know about short sales/foreclosures of a rental property

CobraJohn01

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(Apologize in the advance for the long post, but need to provide some context before jumping into the questions)

Ok, so the story behind the reason why is long and mostly irrelevant to the information I'm seeking, but we have a home back in Ohio (our first home) that is being rented by a family member and half of the house has been just about destroyed. We're talking significant bathroom water damage, black mold, **** roach infestation, broken windows, ruined finish on the hardwood floors, etc. We won't be able to recoup our costs from him due to him having next to no income due to being on disability. So suing or anything like that is not an option. So far we're close to $20k in repairs and there's still more being discovered by the contractor (a fried who owns his own business and legit knows what he's doing. Basically doing work at his cost to help us out.). Our savings has just about been wiped out by this.

We bought the home in early 2000's and once the housing market collapsed, the prices dropped way below what we bought for and still haven't come all the way back. Before all this work started a couple weeks ago, we couldn't have broke even to sell the house, which is why we were renting to a family member, trying to buy time til we could break even. Now we're looking at $20k+ in repairs and counting and even if they get everything fixed for no more money (which won't be the case), we'll still be unable to sell it for what we owe + the repairs to break even.

The guy doing the work has said he just keeps discovering more and more problems (some due to how the house was built in the 40's) and said we should seriously consider just letting the house go and bite the bullet on the money we've already spent so far. He said if we don't do that, we'll probably never be able to sell it for what we'll have in it and would likely have to be long-distance land lords for the rest of our lives waiting to be able to sell it, which is something we REALLY don't want to have to do. Who's to say a new tenant won't ruin the place all over again? For some perspective, this is a house that even after all repairs are hypothetically completed, we'd be lucky to be able to sell for around $80-90K.

We currently have a home in NC that is now our primary residence (purchased ~3 years ago) and we were literally just getting ready to apply for a loan to buy property and build a new house and then sell our current home. (We've got a decent amount of equity in the home so far considering we only put 3% down and have only owned it 3+ years.) That now seems to be squashed for the foreseeable future. What we're now wondering is, if we did just let the house go and have it foreclosed, how much devastation should we expect it to do to our credit (both of us are 800+ credit scores currently), and would we be forced to pay some kind of fees, taxes, penaties, etc for it being foreclosed? Is there less "damage" done financially and credit-wise if we were to try to do a short sale on a home that is literally still under repair and partially gutted? How long do you think we'd be hindered by this before we could pursue the process of getting a loan buying property and building a home?

Sorry for all the questions and the long read, but GREATLY appreciate any insight anyone can offer that has some kind of first-hand knowledge and isn't just guessing.
 

HillbillyHotRod

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Not an expert in any way but I believe that if you sell it for less then what you owe that you are on the hook for the difference. Hopefully a RE attorney or someone knowledgeable will speak up.
 

Blown 89

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It sure would be great if people had some responsibility for their loans. The practice of walking away from loans like this is disgusting. Be a man and take care of your shit instead of dumping your poor decisions on someone else.
 

Blk04L

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*Not an expert on this.

But it seems from a simple search a foreclosure can knock your score down up to 160 points if not more and have years long repercussions on your ability to get credit/loans in the future. Most sites show it will be on your record for around 7 years.

So, if you let it get foreclosed, you can forget about moving anytime soon.

Insurance won't touch any of the damage?

You need to look into if Ohio allows the bank to sue you for the deficiency balance on that home. So if the lender takes over that house, and sells it for 40k, due to the rough shape, they could go after you for the remaining balance. So, you could have a foreclosure on your record, lower scores and now a lawsuit from a lender for the remaining balance.

edit: quick search on Ohio

Deficiency Judgments After Foreclosure in Ohio

Deficiency Judgments Are Allowed in Ohio
 

Mojo88

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I was in the real estate auction business in the 80's and early 90's, after the big crash back then. We sold many properties (commercial, condos, single fams, rentals, etc, etc) in same situation as yours. However, we would ALWAYS work with the lender prior to doing anything else.

Back then, lenders were highly motivated to sell, the market was horrible. So the lenders would virtually always cooperate with short sale at auction, accepting the auction prices and letting the sellers off the hook with regards to legal consequences. This worked out well for both parties at the time. Lenders took a haircut, but it was better for them rather than getting saddled with a derelict (or otherwise unsellable) property. And the thing is, the lenders don't care all that much. After all, it isn't their money........;)

I cannot speak to how any short sale might affect your credit and so forth. But I would highly advise contacting the lender and seeing what their policy is with regards to short sale. You might be able to work something out with them. Rather than yourself, I would recommend an experienced real estate person (or attorney) to chat with the lender.

I realize this doesn't answer your primary questions, but hope it helps.

Good luck!!!!!!!!!!!!!!!!!!!!!
 

CobraJohn01

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I appreciate (most of) the input so far. Don't have time to answer each post at the moment, but quickly:

1.) homeowner's insurance won't cover because the water/mold damage was apparently due to two long-term leaks that we were unaware of, due to damage caused by the tenant.

2.) @Blown 89 , I don't appreciate the tone or the apparent assumptions in your post. We're going to do everything we can to avoid any kind of foreclosure, but I'm just trying to gather data so we can determine which options make the most financial sense for us. Would you put another $20-30k into a house that you're ALREADY upside down on and ALREADY have wiped out your savings by putting ~$20k in it so far? We'd probably be negative $30k-ish if this played out and we had to sell for around $80k after all repairs are done.

3.) I did do some Googling on the effects of foreclosures and short-sales, but I read several different sites that listed multiple different impacts it could have, so I was hoping someone with first-hand knowledge could provide insight. To know that a foreclosure will lower our score anywhere from 80-300 points doesn't help me much. Wondering about real-world experiences to try to narrow that huge range down.
 

Outlaw99

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Biggest pain in the ass and once it reaches that point, most banks wont even deal with short sales. I do not deal in short sales any more. I had a full cash offer on one and the bank wouldnt accept and just took possession.

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sleek98

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Your not going to get approved for a short sale on a rental property with equity in your primary home. They will simply tell you to take out an equity loan on your current house and pay them. To get approved they will require you to give them statements on EVERYTHING you own, including 401ks etc.

You have the option of letting it go and they will sue and win for the difference between what you owed and what it sold for, plus ALL of their expenses including legal fees. They will then either go after your wages or the equity in your house. Which will be an easy way for them to get paid.

The only way to get a short sale approved is to have no way of paying. I went through it with my wifes father not once, but twice. He is another story though.

The first time he filed for bankruptcy and did the forclosure thing, 7 years later he was able to buy another house which went into a short sale within 3 years. He got lucky and the bank agreed to take 10k less than he owed and let him off the hook. But he had less than $100 to his name when it happened.

What is the amount that you owe and what do you think it would sell for if you were to list it as is?
 

bigja01cobra

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Insurance will always deny claims, might be worth talking with a lawyer on the insurance claims to see if they can assist. At the very least get a letter sent, you would be amazed what a simple letter with a lawyers letter head will do to help with the process. Once paid $750 for a lawyer to write a letter and got everything taken care of what could have costed me >$10k.
 

Dave.O

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Burn it, great way to evict the tenant too

I know several whom have done short sales, damage to credit score was as bad as a bankruptcy, 7 years on credit record

Although I think you can try and apply for mortgage again in 2yrs with ss not sure about bankruptcy


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coposrv

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Does the tenant have renters insurance you can sue?


Just sue everyone. Renter, his insurance company, your insurance company. Everyone.

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Blk91stang

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Talk to a public adjuster about your situation and they will tell you if insurance can cover the damages or not. My neighbor is one (PA) and he's done me and my family very well. If you'd like more info about them, I can tell you what I know and my experience.

Don't rule out an insurance claim until you have an expert working for you!

I appreciate (most of) the input so far. Don't have time to answer each post at the moment, but quickly:

1.) homeowner's insurance won't cover because the water/mold damage was apparently due to two long-term leaks that we were unaware of, due to damage caused by the tenant.
 

ViciousJay

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Biggest pain in the ass and once it reaches that point, most banks wont even deal with short sales. I do not deal in short sales any more. I had a full cash offer on one and the bank wouldnt accept and just took possession.

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This, the bank will find the cheapest contractors and pay to flip it for value.
 

nxhappy

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is this still be occupied by said low life? step number one ....kick that mother ****er OUT

foreclosure is not a good idea, your credit will be ****ed for a LONG time . I'm telling you right now, insurance company isn't going to pay for shit. Plus it sounds like no renters insurance.

suck it up, fix the house, and rent it to a non low life. If you are lucky maybe you can pull in $300-400 profit per month, meanwhile your principle balance will drop. THEN while buying your new home, that rental property will HELP you qualify. If you are upside down right now, there is no reason to sell.
 

nxhappy

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Does the tenant have renters insurance you can sue?


Just sue everyone. Renter, his insurance company, your insurance company. Everyone.

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suing won't help when his family member is broke lol
 

HillbillyHotRod

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As has been said boot the renters out first. He may try and fight it but if there is mold you can say for health reasons. Plus never rent to family. They will always think I am family so I can take advantage of it. Is the home in a good area? If it is try and keep it. We had a house that when we moved in 93 the market was in the tank. Could not sell it for what we owed, $74k. Tried for 18 months to sell, nada. Luckily had a good job and could cover the mortgage and our new apartment. Finally hired a rental agent and rented it out. Market turned around and sold last year for $305. Thing is in a good economy in a good area house will always go up. Hang in there.
 

jaxbusa

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I’m with hillbilly. If it’s in a decent area and you can afford to, hold on to it. You can look into a home equity line of credit to finish the repairs if needed. I would pay a company to handle the future tenants. The way I see it is that you got a $20,000 education into being a landlord. Get a deposit, get insurance and never rent to family. Sorry to hear about your situation and good luck.


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