Stop digging

Assuming you're responsible enough to care about avoiding something like this, read on.

This Recycle Friday, we whip out a particularly memorable post from last summer. It originally appeared on Christian Common Cents, but Jews and Mormons can get something out of it too. (We kid!)

If you sell your house short, you can save yourself the trouble of damaging your credit rating worse than you would by holding onto it. Also, the quicker you can absolve yourself of a long-term obligation like a mortgage, the sooner you can get back to building your wealth and paying down debt so you can one day rejoin the ranks of the homeowning. It may seem interminable at the time – “I’ll never get out of this, by the time I can afford a house I’ll be old and/or dead” – but it isn’t. When you’re in the 1st grade, the idea of graduating high school seems so far-fetched as to be impossible. To a 6-year old, you might as well be waiting for another ice age to come and go. But you have the perspective of an adult. We know of one 30-something couple who bought too much house at the top of the market, were forced to sell short, lived in an apartment, and a brief 4 years later are looking to close on a home of their own once again. This isn’t a literary construct – these people really exist. They own a cat. We’d include a picture if they’d let us.

Anyhow, let’s see how that old post stacks up:

What’s a short sale?

You buy a house. Years later, you can’t make the payments, so what do you do?

You can just stop paying, and the lender will eventually file an eviction order with the local constable. Depending on where you live, you can either laugh at the order or heed it. For the satisfaction of sticking it to the man for a few weeks, you’re out the price of your house and your credit rating, which will never recover. Which means you’ll never be able to get a credit card, not even from Capital One. What’s in your wallet? Nothing.

The less opprobrious and more financially savvy way to dishonor your contract is to sell your house short. Which involves going to the lender and pleading for mercy.

There’s something important to remember here, both to keep things truthful and to avoid embracing the mentality of a victim. When you ask the lender to accept a short sale, you’re not coming from a position of supplication just because you’re just an average Joe trying to get by while the heartless lender sits back in his corner office, laughing at your misfortune so hard that his monocle falls out and lands on his spats. You’d signed a contract that required you to cut monthly checks. There was no clause in the contract that read “if borrower loses his job, loads up on Fannie Mae common stock, gets divorced, has triplets, starts buying cigarettes by the carton, falls in love with a stripper or buys a boat, contract is void and subject to renegotiation at a lower rate.”

A little quantification might make this easier. Let’s use simple numbers. Five years ago, you bought a house for $150,000. You got a 30-year mortgage at 6%, which was average at the time. Fixed-rate*, of course. You put 20% down so you could avoid having to pay private mortgage insurance, the premium that lenders charge to borrowers whom they figure have lots of incentive to stop making payments if money gets tight. Which means this is your monthly payment:

.06 is your interest rate. 12 is the number of payments in a year. 360 is the number of payments over the life of the loan. 1 is the loneliest number that you’ll ever do.

Oh, stop whining. Yes, it’s math. The very calculator that comes with the computer you’re reading this on can solve it easily. Divide your interest rate by the number of months in a year, add 1, take to the -360th power, subtract from 1, multiply by the number of months in a year, divide into your interest rate, multiply by the amount you borrowed. DONE!

This makes a monthly payment of $719.46. Which doesn’t seem onerous for some people, but if you can’t pay it, you can’t pay it.

When you signed that mortgage, you committed to pay $259,005.83 in equal monthly installments over the next 30 years. Say you’re five years in and you can’t make the payments. You’ve already paid $43,167.60, assuming you haven’t missed any payments, which you probably have. That leaves $215,838.23. Selling short means that if you can’t make your payments, you tell your lender you’re willing to sell your house at a loss.

For a short sale to make sense, your house had to have depreciated. If that’s not obvious, consider that if you couldn’t make the payments, you could just sell the house for at least what you paid for it and not come out behind. Say property values in your area have fallen 30% since you bought the house. Your house is now worth $105,000. With the lender looking over your shoulder, you sell it for that much. What happens?

Well, the good news is you’re not on the hook for $215,838.23, or anything near it: the new buyer will now have a 30-year obligation. But because the house got cheaper, and interest rates happened to follow suit, the new buyer’s obligation will be a lot less than yours was.

You do owe something. If you look at your monthly mortgage statement, you’ll see that part of your monthly payment goes to the principal while the remainder goes to interest. Which stands to reason – at the 29-year-and-11-month mark, you’d obviously have paid off almost all the original $120,000 principal. Which means that early in the mortgage term, you’ve paid off almost none of it. Here’s a sobering chart that shows how much of the principal you’ve paid down at different points throughout the life of your loan:

Even a few years in, you’ve barely made a dent in the principal. It’s not until you reach the ¾-mark of the mortgage term that the house is more yours than the bank’s. If you think this is unfair, take it up with God for making mathematics work the way He did. Or find a rich uncle to lend you money interest-free.

Anyhow, back to your problem. Five years in, you’ve reduced the principal by $8,334.77, leaving $111,665.23 to go. (Trust us on this. Or just go here.) If you short-sell the house for $105,000, you’re out $6,665.23.

Plus you’re out your $30,000 down payment. Plus the realtor’s fee and closing costs, which are around 6% of the purchase price, so say $6,300. And don’t forget the 5 years’ worth of payments you already made.

Total outlay? $86,132.83.

Worst deal ever? No. Again, always look at opportunity cost – what you would have spent otherwise. Keep in mind that you paid that $86,132.83 over 5 years, and most of it is the mortgage payments you already made. That’s important because had you never bought the house, you would have had to spend something close to those mortgage payments anyway, on rent. Assuming that rents and mortgage payments are similar, you can ignore the $43,167.60.

So your 5-year experiment in overextending yourself with a house cost you close to $42,965.23, or $716.08 a month.

But again, opportunity cost. What’s the alternative to selling short?

If you walk away from the house and the bank forecloses on it, that means you probably let it fall into disrepair, or worse – after all, you’re no longer living in it and have no incentive to make it look good for a buyer. Industry standard is around a 20% discount for bank-owned properties – the bank probably won’t bother putting any money into an abandoned house, and will entertain the first solid offer that comes along just to get the house off its balance sheet.

A 20% discount means the bank will sell the house for around $84,000. Just because you ran away, doesn’t mean they won’t catch you. While you’ve reduced your principal balance to $111,665.23, that means the bank can come after you for a $27,665.23 deficiency judgment. They’ll win. Add that to the $30,000 you put down originally, and that’s $57,665.23.

In this example, selling short will save you $14,700 vs. walking away. Nor will it damage your credit quite as badly, nor will it label you a deadbeat.

*Most people who got in a position where they had to sell short are in exotic mortgages, which is of course a symptom of the bigger problem. If you know that you’re going to have the exact same payment every month for the next 30 years, that’s a certainty that you should be thrilled about. Fixed expenses are far easier to account for than variable ones.

**This post is featured in Totally Money Carnival #17**

Today’s Latest Scam: Homestead Protection

Don't drink the Kool-Aid. In particular, don't drink the Kool-Aid of incorrectly using the phrase "drinking the Kool-Aid". The stuff above is what those people drank in Guyana, yet for some reason the company managed to deflect all the bad PR to someone else.

Buy a house, rework your mortgage, or even apply for a loan and within days you’ll start receiving the kind of junk mail that usually warrants a second look – full of businesslike bold fonts, maybe even in red:

YOU COULD LOSE YOUR HOME IF YOU DON’T ACT IMMEDIATELY!

Sometimes the sender will go to the trouble of printing on the envelope the punishment prescribed in the United States Code for anyone but the addressee opening the letter. This lets you know that the sender means business. You open the letter and it tells you (in language much more ominous than our paraphrasing) that since you’re now a homeowner, or a potential homeowner, you could rejoin the unfortunate ranks of the renters once again with one simple legal slip-up. If someone sues you – too regular an occurrence in a society that’s now descended from litigious to ultralitigious – and should that plaintiff win a large enough amount, you could be forced to sell your house to pay the judgment. So what size barrel do you wear?

Therefore, you should immediately spend $95 or $150 with the homestead registration company that altruistically informed you of the precarious position that you’re now in.

It’s technically true that your home might be at risk, but this remains about the biggest scam this side of recommended rustproofing on a factory-new vehicle.

Simply put, here’s the extremely common situation that these companies try to exploit:

You buy a house. Regardless of how many houses or other pieces of real estate you own at a given time, one of them has the legal status of being your primary residence. Should you ever lose a court ruling and end up owing more than you can pay, whoever sued you could legally take your keys and march on in.

Except they can’t. There’s something called a homestead exemption that protects your house no matter what. Regardless of how much you owe, the legal principle that you’re entitled to quiet enjoyment of your home takes precedence over just about everything. Even Bernie Madoff got to keep his Park Avenue apartment, or would have if he hadn’t signed a 150-year lease to move to this idyllic setting in Granville County, North Carolina.

But if you own a house, you probably already have an automatic homestead that covers any danger. You don’t have to fill out any paperwork. If you can prove that the residence is indeed your primary one – which shouldn’t be too difficult – the most bellicose lawyer on the planet can’t touch it.

How come I didn’t know this?

Why would you? Who bothers to advertise it? Twisting up a Glad lawn & leaf bag over your fingers is the best way to safely remove a broken light bulb’s Edison screw from its socket, but that particular feature isn’t listed on the package.

So I can go around incurring debts, scamming people, spending money foolishly and daring people to sue me, knowing full well that my home is impervious to their lawyers’ petty threats?

Don’t go crazy. Somewhat obviously, if your house gets foreclosed on you don’t get to stay in it, even if you have nowhere else to go. The IRS will gladly take your house, too, maybe even just for sport. So pay your federal taxes.

If you declare bankruptcy, you also cede your homestead exemption in some instances, although there isn’t a bankruptcy judge in the nation who will kick you out on the street.

But pay your child support and alimony, you deadbeat. You also need to pay any mechanic’s lien, which is a legal term that refers to services rendered by a contractor that you never bothered paying for and that the contractor formally fought to recover. (That’s largely theoretical, mind you. It’s hard to imagine an unpaid driveway paving bill being large enough to force you to liquidate your house, or a homeowner being stubborn enough to refuse to pay and thus risk losing his house.)

It’s mostly general creditor claims that a homestead declaration protects you against. Unpaid medical bills, credit card debt, and other stuff you would never have incurred in the first place had you read Control Your Cash: Making Money Make Sense. However, there’s nothing in the book about how to fight off lawsuits, which you can’t control.

Also, vacation homes aren’t eligible for homestead exemptions – unless you want to start living in yours 183 days a year, and somehow do so retroactively, which would turn your primary residence into your secondary residence.

Is there any set of circumstances under which I should register my homestead?

Yes. For 6 months after you sell your house, if you can feel creditors breathing down your neck. If for whatever reason you’ve sold your house and haven’t yet bought a new one, your creditors can’t go after the cash proceeds from the sale.

It costs almost nothing to do this. Maybe a $15 filing fee, that’s it.

Of course, chances are pretty good that no one’s suing you for enough that you’d risk losing your house anyway. But because many people overestimate the risk of this happening, and therefore panic, that’s how homestead protection companies find their market of suckers.

One last thing: most states set a limit on the amount you can protect. $550,000 is standard.

But say you’ve reached the point in life where you’re sufficiently accomplished to have paid off your mortgage and have $551,000 in equity cooling in your house, even after the market falls. Yes, if anyone gets a judgment against you you’d conceivably have to sell your house.

Of course, if you’re this successful then you’ve already created an LLC or S corporation to anticipate this eventuality and protect yourself, right? (We could link to any one 20 guest posts we’ve written on this. Here’s a random one.)

**This article is featured in the Carnival of Wealth #34**

Buying a vacation home on a teacher’s salary

Investing, Create wealth, control your cash, retirement planning

It’s at your vacation home, you whining harpy. (By the way, this picture was taken in Florida. Miami, to be precise. On February 11. A school day.

As philistines and libertarians, we make it a point never to listen to NPR nor watch PBS (why would we, they don’t broadcast football.) Unless, of course, NPR runs a story on a college classmate of ours. Especially with such an auspicious introductory line:

There are wealthy Canadians buying multimillion-dollar beachfront homes. And there are people like “Kirk”, who recently bought a 2-bedroom condo in Fort Myers, Fla., sight unseen.

Kirk is the high school teacher in question, and it’s not as if he retired from a lucrative career in personal finance before switching careers. He paid $56,000 for the condo, which sounds like a price out of the 1970s.

The NPR interviewer didn’t ask him how he afforded a vacation home on a teacher’s salary, especially with a couple of kids to feed. Nor did NPR ask him how he ever managed to date Khyrstine Thibeault, the hottest girl on campus, despite being neither a jock nor a rich kid nor remarkably good-looking. That’s where Control Your Cash came in. Kirk elaborates:

We went on vacation to Fort Myers Beach about 3 years ago, but I knew the price was cheaper inland than it was near the Gulf. We actually didn’t stay near this particular unit at all.

We bought the unit in early May and then we saw it in late August. We bought through Florida Home Finders of Canada in Brampton, Ontario. I saw pictures of the unit, went online to see what the area was like, what units were going for, etc. We didn’t use, or need, an appraiser or home inspector because FHFC had done all the legwork.

I borrowed C$50,000. I had $10,000 from a condo sale that went sour in Whitby, Ontario. With the Canadian dollar at U.S. 96¢ the Fort Myers condo was a shade under C$60,000.

 

By go sour, he means that the condo company went out of business and he got his down payment back.

I paid for it with a home equity loan over 25 years. I think it was 3½% or 4%. I wanted to keep it separate from the mortgage on my primary residence in Canada, just in case we do a home renovation. (If we do,) then I will extend my mortgage.

 

If you’re thinking about a big purchase like this, especially if it involves big financing like this, understand that a 3½% mortgage and a 4% mortgage aren’t interchangeable. You don’t just round the number to the nearest integer and hope for the best. If the interest rate on this home equity loan is 4%, Kirk would be paying $263.92 monthly. Which is $79,175.53 over the course of the loan. If it’s 3½%, he’d be paying $250.31 monthly, or $75,093.54. Or $4.081.99 less over the course of the loan.

I have an off-site property management company that guarantees me a renter and takes 8%. Every month they rent it out for $792, and deposit my share of that in my bank account. The homeowners association takes their $273 (Editor’s note: holy crap) and then I’m left with about 470ish a month. ($455.64, by our calculations.) I pay $122 on my loan every 2 months, (sic, he means weeks) so I guess I’m ahead about $200 every 2 months (not sure what he means here, but we think it’s “every month”. See below). My tax bill was just under $1000 at the end of the year. Tax time is coming up, I’m not sure what to expect there.

Our take? This condo was a sufficiently smoking deal that Kirk will still profit from despite making a couple of mistakes.

Here are a few tips if you fancy yourself a low-level land baron:

1. Know your numbers. Nothing’s more important than this.

Kirk had only a hazy idea of his interest rate. A 50-basis point difference is huge. His low estimate is 1/8 less than his high estimate.
Assuming the higher estimate, he nets a pre-tax $205.33 monthly. Hopefully a) it’s a fixed-rate mortgage and b) Kirk knows that it is.

2. This doesn’t necessarily apply to Kirk, but know your terms, too. If you don’t, ask someone. Keep asking people until the answer is no longer ambiguous. We know of one 40-something apartment dweller who was ready to “send some guys over” to deal physically with her old landlord. Why? Because she had been on a lease option, which works like a regular rental arrangement for a fixed term. At the end of the term the renter has the option to buy the place.

She had never heard the term before, and assumed that it meant her monthly payments were going toward eventual ownership of the condo, like an ordinary mortgage. No, those monthly payments were going to pay her landlord’s mortgage. Her lease expired and she had neither the tens of thousands of dollars on hand, nor financing in lieu, to buy the place. She had been nothing more than a renter, and didn’t even realize it.

(Editor’s Note: Therefore, a lease option is a wonderful thing to be on the other side of. Worst-case scenario, you sell your property for a price you already agreed to, all the while having had your mortgage payments taken care of by the renter. Better-case scenario, the lease term expires, the renter can’t afford to exercise the option and you get to keep owning the place. There’s an excellent chance of that happening. There’s a reason why most renters are renting, and that reason is fiscal indiscipline.)

Assuming Kirk’s numbers are consistent, more than 40% of his net condo revenue goes to taxes. Still, if he’s “getting paid” $1400 a year to own a modest vacation home, there are worse places for him to have put that home equity loan.

**This article is featured in the Yakezie Carnival: The Chuck Norris Edition**

**This popular article is also featured at the Baby Boomers Blog Carnival Eighty-Eighth Edition**