Through all the talk of the financial crisis, the housing crisis and various other crises I’ve developed a real misconception. Ok, some of you would say a whole host of misconceptions. However, for the sake of brevity, let’s focus on one of my misconceptions. I thought that once a homeowner had their home foreclosed that was that. I figured the unlucky homeowner would have to move out, they would be traumatised by the whole episode, their credit would suffer but … the bad decision to take out the mortgage would be behind them. Not so fast. Like a lot of things, it seems to depend on the state where you live. And “the best state for business” isn’t always the best state for consumers.
Vanessa Corey seems like a good egg. Ms. Corey built an attractive house with her husband in Fredricksburg back in 2004. Then a couple of bad things happened. The housing bust put a crimp in Ms. Corey’s finances and she and the hubby split. She took her lumps, negotiated a short sale of the house and assumed the $65,000 deficiency was negotiated away. Ooops. Last November, Ms. Corey got a letter from a lawyer demanding that she repay the $65,000. She couldn’t make that payment and had to file bankruptcy.
Here story can be found here.
I’ve done a bit of informal research and it seems that some states are non-recourse states. In California, for example, a combination of state laws allows a mortgage holder to walk away from their house (and loan) and leave the bank holding the bag.
However, about 30 states (apparently including Virginia) allow a lender to legally pursue a deficiency after a foreclosure. In some states the bank can wait up to 5 years to even sue you for the deficiency. During that 5 year interregnum you may have put your financial house back in order … only to see it torn down again.
My question is this – in an era where banks are being “loaned” taxpayer money to “de-leverage” their balance sheets, at a time when the Obama Administration is considering some form of mortgage assistance – do Virginia’s laws make sense? Why shouldn’t Virginia join California in letting borrowers walk away from loans they can’t repay without the dark cloud of potential future financial ruin over their head?
Is it because Virginia is the “best state for business”? Or is it because of the massive campaign contributions handed out to our politicians by the construction, real estate, banking, etc lobbies?
Note: I spent quite a bit of time looking into this matter but it is a very arcane and confused area. I am happy to hear about any factual errors in my post. They will be researched and, if true, corrected.