Minnesota
Related: About this forumCan someone explain to me what happens when you walk away from a house in MN?
Basically, we bought a house 3 years ago and we're already underwater. There are a lot of structural problems popping up with this house that were neither disclosed to us or noticed in the home inspection. To top it off, our basement has flooded 3 times in the past year due to the torrential storms we keep getting (south metro area, near Northfield). My wife and I are at our wit's end to figure out what to do. The previous owners did all the work themselves, including adding a second-floor addition and attached garage, and they did about 80% of the work WRONG. There's bowing of beams that aren't supported properly, improper weather sealing that's created water damage, cheap windows, lack of insulation, suspicious wiring, suspicious plumbing, you name it. I could throw $25,000 at this house and still not get it up to where it needs to be for me and my family to feel secure in it, but I could empty my savings and still not come close to that amount.
My wife and I have seriously sat down and discussed just walking away, credit scores be damned. We have a 2-yr old daughter, and we need to do what's best for her in the long run. With all the water infiltration and moisture issues, I'm constantly terrified of mold growth.
My concern at this point is, would the bank be able to take us to court to force us to pay the difference between what we owe and what the house is worth? We have an FHA mortgage, not an 80/20, and we're probably a good $50,000 or so underwater if you take into account all the repairs that need to be done. Also, if we just walked away, would there be tax penalties of some kind as well?
Has anyone here gone through a foreclosure (not a short sale) who can answer my questions? Thank you so much for any advice!
phantom power
(25,966 posts)And it's been working out for them well enough(*). This was in AZ, so I can't say if there are any specific differences for MN.
I'd recommend at least a brief consultation with a bankruptcy lawer, who should at least be able to list out the major issues to consider. I also assume that given how often this is happening, there may be publicly available explanations via Teh Google somewhere.
(*) or if it has caused them any trouble, they haven't told me. Of course, people often don't share that sort of thing.
The Velveteen Ocelot
(115,735 posts)It could be complicated and put you in deeper trouble if you don't know what the consequences are. There is some kind of new home warranty statute in MN but I don't know how it works - better get legal help on this one. It would be worth the money in the long run.
notadmblnd
(23,720 posts)So far nothing bad has happened. I mailed the keys to the mortgage company 2 1/2 years ago. Of course my credit is shot, but my sister bought a house on a short sale and lets me make the payments. Before I walked away, I did speak with a Foreclosure prevention Specialist. the county I live in employees them. We tried working with the bank, but he basically encourage me to walk away. He advised me to stop paying the waterbill and taxes (he said those things follow the house). As far as I know, the mortgage company never took possession of the home (I left before they foreclosed). but I'm sure that the city owns it now and can auction if off for taxes which should currently be about 3600.00
on edit. I wouldn't buy another home because I was afraid that the bank could put a lien against it. That is why my sister owns it and I pay her.
teddy51
(3,491 posts)Jumping John
(930 posts)Good luck
https://www.google.com/webhp#hl=en&sclient=psy-ab&q=lk+away+from+house+underwater+mn&oq=lk+away+from+house+underwater+mn&gs_l=hp.3...10952.25077.0.25713.32.32.0.0.0.0.122.2788.28j4.32.0...0.0.Clli4WyKgxo&pbx=1&bav=on.2,or.r_gc.r_pw.r_qf.,cf.osb&fp=2d06e67e783af6b9&biw=1158&bih=596
http://www.loansafe.org/forum/deed-lieu-foreclosure-do-you-need-help-walk-away/36569-underwater-minnesota-mn-my-walk-away-process-begins-jan-1-2011-a.html
http://www.avvo.com/legal-answers/what-happen-if-i-walk-away-from-my-mortgages-in-mn-427519.html
http://www.learnvest.com/knowledge-center/should-you-abandon-an-underwater-mortgage/
http://moneyland.time.com/2011/06/14/why-its-ok-to-walk-away-from-your-mortgage/
http://minnesota.publicradio.org/display/web/2012/04/25/underwater-generation/
Sedona
(3,769 posts)IF you foreclose before the end of 2012.
This is a result of Obama's stimulus in 2009. It used to stay for seven years.
trotsky
(49,533 posts)It gives you a great deal of assistance in situations like this.
Response to NickB79 (Original post)
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