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Fico& Foreclosure

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Anonymous
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Fico& Foreclosure

Generally speaking, about how many points does one loose through a Home Foreclosure? (just need a guesstimate) and do the mortguage co. sue you for balances due after foreclosure?  Thanks.
Message 1 of 5
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Lel
Moderator Emeritus

Re: Fico& Foreclosure

One's FICO score can drop by anywhere from 100-200+ points after foreclosure.  Part of it depends on the where the score was prior to foreclosure - the higher the score, the higher the point loss, typically.

 

With regard to whether a lender can go after the borrower for the balance after foreclosure, well, that's a complicated question that is state-specific and sometimes loan-specific.  Different states have different "recourse laws" which govern whether a lender can seek a deficiency payments from a borrower.  Sometimes there's a difference of whether it is a judicial or non-judicial foreclosure process.  If the loan has been refinanced (even if it's not a cash-out refinance), then some recourse law protection might be lost.  Second loans, specifically those that are not purchase money loans, can be especially prone to deficiency judgements.   The best way to get an answer to this question would be to speak to a real estate lawyer who works in the state where the foreclosure may occur.

Message 2 of 5
Anonymous
Not applicable

Re: Fico& Foreclosure

Lel thanks for answer. My wife passed away not long ago, I cannot stay here any longer. I am just going to abandon this home,and leave. i dont know what effect will ensue on my credit cards. At this point I am not behind on anything. Will they take my credit cards too? How long before i could qualify for some other house somewhere? It would take too long to sell, is not worth what I once paid, and i am not emotionally willing to go through any more time here. How long am i "trashed" credit wise over this? Thanks again.

Message 3 of 5
Lel
Moderator Emeritus

Re: Fico& Foreclosure

I'm sorry to hear about your wife.

 

I know you'd like to get things settled as quickly as possible, and that's why you're thinking about walking away from your home.  As you are already aware, this is going to damage your credit and will affect you ability to buy a new home in the near future.

 

Foreclosure is the "easiest" way out - just stop paying and eventually the bank will foreclose.  This, however, is not necessarily quick, since there hundreds of thousands of foreclosures across the country.  If your lender takes a long time to finish the process, then it will also push back the date when you will be able to obtain a new mortgage.  In terms of waiting period until getting a new mortgage, foreclosure requires the longest waiting period as opposed to other options, described later.  The waiting period is (for conventional mortgages) after foreclosure is 5 years; if there are extenuating circumstances, then the waiting period is 3 years.  Also, depending on the recourse laws in your state and any additional mortgages/HELOCs that you might have on your property, this could open you up to deficiency judgements.

 

Another option would be to work with your lender to negotiate a deed-in-lieu of foreclosure.  Some people refer to this as "giving back the keys".  The waitng period after a deed-in-lieu is 4 years, or 2 years if there are extenuating circumstances.  I believe that if you go this route, it's possible to ensure that the lender will not seek a deficiency judgement, if your state's recourse laws don't otherwise protect you.  The effect on your credit score is going to be more or less the same as a foreclosure, however.

 

A third option would be to do a short sale.  Since you're not behind in your payments, this could be the best option, but it can be time consuming.  The other two options above would probably be equally time consuming.  "Short sale" is sometimes used synonymously with "preforeclosure sale", but this is not entirely correct.  If you go through a short sale, the waiting period to obtain a new mortgage is 2 years, but if you are not late at the time of the short sale, then there is no mandatory waiting period.  Your credit scores will still suffer, however, possibly as much as with a foreclosure or deed-in-lieu, but there's also a chance that the score drop won't be as drastic.

 

FHA mortgage waiting periods, by the way, are different from that above (more lenient), but I'm not as familiar with FHA loans as with conventional.

 

 

With regard to what any of this will do to your credit cards, well, unfortunately it's going to be bad all around.  People who have undergone foreclosures, deeds-in-lieu, and short sales have seen their credit cards canceled and/or credit limits slashed to the balance owed.  The credit card companies are doing this to folks with good credit; the moment they see a major derogatory on your credit report they won't hesitate to do the same.

 

Again, I'm sorry for your loss and your difficulties.

Message 4 of 5
MattH
Senior Contributor

Re: Fico& Foreclosure


@Anonymous wrote:

Lel thanks for answer. My wife passed away not long ago, I cannot stay here any longer. I am just going to abandon this home,and leave. i dont know what effect will ensue on my credit cards. At this point I am not behind on anything. Will they take my credit cards too? How long before i could qualify for some other house somewhere? It would take too long to sell, is not worth what I once paid, and i am not emotionally willing to go through any more time here. How long am i "trashed" credit wise over this? Thanks again.


You have my deepest sympathy over the loss of your wife, I am sure this must be a very difficult time for you in many ways. My own sister died in a 2007 car accident, and while the immediate shock has lessened the pain does not and probably never will go away completely. Fortunately for our family, she did have a life insurance policy (my wife and I decided to let my brother and his wife have all the insurance money, because they have one job and two kids while my wife and I have two jobs and no kids).

 

Are you a member of any faith tradition? If so then aside from talking to a local real estate lawyer (foreclosure laws vary wildly from State to State and even in the same State details of the contract may differ, so only a lawyer who knows all your specific details can answer your legal questions) I suggest you seek out a priest/rabbi/imam/guru/whatever for help with the spiritual and emotional aspects of your situation.  As one reply already noted, in many States only a primary purchase loan is nonrecourse but with a refi the lender does have recourse. Also in some States there is a window of opportunity after purchase to register the house as a "homestead" and get special protections from creditors so your lawyer might need to check whether or not that was done by the lawyer or closing agent at the time of purchase. 

 

Also, for others reading this thread: any person whose name is listed on a mortgage, or whose death could in any way affect the finances of somebody who has a mortgage, must be covered by a life insurance policy to protect survivors. This can either be a conventional term policy or one of the special policies some lenders offer in which the payout decreases over time to approximate the decreasing balance from loan amortization. Any good financial planner can help figure out which policy is best for a given situation but any policy is better than none. Also, remember in most cases death benefits from an insurance policy are not subject to income taxes so the dollars go that much farther.

 

I can tell you, insurance money of course cannot replace my sister, and we'd be delighted to give them back their money if it could bring her back, but since she is dead and nothing can change that, it is better to have the money (which my brother and his wife put into their kids' college fund) than not to have the money. 

 

 

Message Edited by MattH on 09-19-2009 08:24 AM
TU 791 02/11/2013, EQ 800 1/29/2011 , EX Plus FAKO 812, EX Vantage Score 955 3/19/2010 wife's EQ 9/23/2009 803
EX always was my highest when we could pull all three
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