Buy And Bail vs Note Modification

If you bought your home sometime in 2005 or 2006, you likely nailed it at the peak, depending on exactly where and exactly when you bought. And if your home has lost a significant amount of value, you have to wonder why you are still paying the bill for the mortgage, especially if the mortgage is bigger than the value of your home.

So what can you do?

+One option is to stick it out. Do nothing. Keep paying and stay put until the home value comes back... how ever long that ends up taking.

+Another is to attempt a short sale, where your lender agrees to let you sell your home for less than the balance owed on the note, and then be forgiven of any debt you cannot pay off with the proceeds from the sale.

+Less appealing is foreclosure. Let the bank take your home, walk away, etc. Bank's problem now. Your credit will be trashed, but you won't keep bleeding cash into a bad investment. Hope you can find a new home (even a place to rent) with that new 500 FICO score...

+Enter the Buy & Bail strategy. Buy a new home now, and once it closes, let the old one go into foreclosure. This sounds nice if you bought your home for $1MM, and now the one next door is selling for $600k. The problem is, your new lender wants to make sure you can afford the payments on both homes. So you try to off-set the costs of the home you will depart by bringing in a renter. If you can find one.

This might have worked, except that banks are concerned about fraud when you claim a renter who may just be a straw person, or suggest you are going to rent a home, and then walk away from the obligation to repay... aka "Bail". Your intentions clearly were not honest, and the new lender now has a brand new client with a 500 FICO score. That's not what they were signing up for.

So underwriting guidelines are responding to this practice, which has been seen before in top-heavy markets, by changing the way they value that rental income. Quite simply, if you don't have at least 30% equity in the home you will be departing, you don't have adequate 'incentive' to make good on that payment. Why would you keep paying the bill? So the new lender says: rental income is worthless in this scenario.

Here is some text from a recent FHA announcement:
This will assure that a homeowner either has sufficient income to make both mortgage payments without any rental income or has an equity position not likely to result in defaulting on the mortgage on the property being vacated. In either case, this guidance is directed to preventing the practice known as “buy and bail” where the homebuyer purchases, for example, a more affordable dwelling with the intention to cease making payments on the previous mortgage.

That will break down quite a few "buy and bail" strategies for consumers who thought they were making a crafty maneuver in this challenging market.

But is there a better alternative?

Have you considered requesting a note modification? There is a bloodbath going on out there. Banks are at the epicenter. They do not want you letting your house go into foreclosure. They can't take it, literally. Maybe you bought more house than you could afford, maybe the payments skyrocketed based on a loan feature you were not informed of, maybe you lost your source of income, had a divorce, etc... you're ready to throw in the towel.

Sensitive to the threat, and also under pressure from the government banks are working with consumers to renegotiate the terms of their loans. Results can include: forgiveness of debt, restructuring of payment, reduction of rate, extension of terms, etc. Any feature of your loan can be re-written. You can contact them yourself, but you'll have much better results with an attorney in your court. Learn more about this here.