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NickB79

(19,253 posts)
Tue Jun 26, 2012, 06:20 PM Jun 2012

Can 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!

8 replies = new reply since forum marked as read
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Can someone explain to me what happens when you walk away from a house in MN? (Original Post) NickB79 Jun 2012 OP
I'm hardly an expert, but I know 2 families that walked away... phantom power Jun 2012 #1
I think you should contact a lawyer about this. The Velveteen Ocelot Jun 2012 #2
I walked away from my house in Michigan notadmblnd Jun 2012 #3
Just in the two minutes it took me to google this, here is a site I found! teddy51 Jun 2012 #4
I also googled and found some sites that may help Jumping John Jun 2012 #5
A foreclosure only stays on your credit reports for two years Sedona Jun 2012 #6
Did you opt for Title Insurance? trotsky Jun 2012 #7
Message auto-removed Name removed Apr 2013 #8

phantom power

(25,966 posts)
1. I'm hardly an expert, but I know 2 families that walked away...
Tue Jun 26, 2012, 06:29 PM
Jun 2012

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)
2. I think you should contact a lawyer about this.
Tue Jun 26, 2012, 06:34 PM
Jun 2012

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)
3. I walked away from my house in Michigan
Tue Jun 26, 2012, 06:36 PM
Jun 2012

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.

Sedona

(3,769 posts)
6. A foreclosure only stays on your credit reports for two years
Tue Jun 26, 2012, 10:22 PM
Jun 2012

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.

Response to NickB79 (Original post)

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