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Decided to let my condo go (long, sorry!)

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    Decided to let my condo go (long, sorry!)

    Just got discharged and closed on Wed., and I thought I was beginning my fresh start -- but I've been up the past two nights thinking about the decision to keep the condo I bought 5 years ago.

    I filed the Statement of Intention to reaffirm it, but when I contacted Wells Fargo for the Agreement, they said under the advice of counsel they weren't doing reaffirms at this time. So I thought I would just be happy that I could do the ride-thru retain and pay thing.

    But...what has had me losing sleep is that even without the credit card debt that was discharged, it's still a huge struggle to afford this place. If it were just the mortgage payment, that I can do -- I made sure of that before I decided to close on this place. It's the monthly condo assessment plus, since my condo isn't funding reserves to artificially keep the monthly assessment low ("low" being relative because in my mind $250/month is a lot), we are getting hit with special assessments constantly -- I just got one for $500 in yesterday's mail, due in 30 days. We also have 2 special assessments each year ($600 each) to cover the master insurance condo policy. My individual owner condo policy is $220 each quarter.

    Anyway...I made the decision about 4 a.m. this morning that I'm going to have to just let this place go. It's emotional for me because I bought it when my husband and I separated 5 years ago. It's only a tiny 587 sq. ft. 1BR/1BA, but it was mine and I was OK with the size because it's a little villa on a golf course in a country club community, where I feel safe -- all my neighbors are retired and everyone watches every little movement haha.

    After getting that assessment for $500 yesterday, with the ink on my discharge papers not even dry yet, something sort of just let go in me. If I'm going to really have a fresh start, I can't be holding on to this money pit where I can't even budget really because of the unknown surprise assessments cropping up constantly.

    I know justbroke and several others said all along to definitely not reaffirm AND to consider not keeping it all, but until last night I really thought it was doable.

    Acceptance is a good thing I guess because today I was looking at rental condos online (it's easier to find something reasonable here in SW FL during the spring/summer than it is during the winter season) just to get an idea of what rental rates were now since it's been so long, and lo and behold the 2 BR/2BA 1800 sq. ft. condo I rented back in 2004 right in a different condo complex but right around the corner is available...for $250 less than my current mortgage payment alone -- not to mention that as a tenant, I wouldn't have to pay for master insurance $, no assessments, and no repair responsibility.

    I just called the property manager, and she said both she and the owner remembered me from 2004 and would love to have me lease the place again. She waived 1st and last, so it's only one month's rent for security deposit now and then 1st month's rent when I decide I want to move in. They've taken it off the rental market as of today, and she's sending the lease paperwork over by courier. I know I don't have to move this month, or probably even in the next few months because I'm not late on the mortgage, but again, with seasonal people coming down again when the weather cools, I'd rather lock in this place now than try to wait out the foreclosure.

    Soooooooo, I'm going with July 1st for beginning the lease. My current quarterly condo assessment is due July 1st, and I guess my question is should I pay that to keep it current and then see what happens when the foreclosure process starts? I believe in FL that the mortgage company is responsible for 12 months, or 1% of the mortgage balance (thank you as always JB!), but what happens if I let the monthly condo dues slide and the condo association forecloses before the mortgage company? I'd almost rather just keep the condo assessment current throughout (or at least escrow the $$ for when the crap hits the fan). I'm just not clear with what happens if my assoc. decides to get trigger happy and come after me before Wells Fargo forecloses.

    Anyone who has managed to read this far, big thanks for that!!
    Filed Chapter 7 pro se: 1/12/10 341 held: 2/16/10 Discharged and Closed: 4/20/10
    Stopped Mortgage Pymts: 5/1/10 Moving to Rental: 7/2/10. Hoping Wells Fargo forecloses in 6 months tops

    #2
    I'm sorry I can't advise at all in this situation because I really don't understand all of the ramifications. I'm sure jb or someone will be along shortly to help you. I'm just going to have to be here for moral support for you on this one.

    Comment


      #3
      Hi tomschetto,

      I've read your thread; and empathize with the sense of struggle. Practically I'm useless on this highly technical issue.

      Look, real deal. Sounds like you came to a decision you feel is best, and you have been advised to do. Bravo.

      All I see here from California, (maybe on So.Cal Connected PBS station last week) is a tour going through Florida to eat up all those foreclosed houses which they would not allow the owners to re-buy at market value, even though they were going to sell the house to someone else for 1/4th the value. "Under-water" "Up-side-down" etc...

      I saw show, Florida again, -- last night I think -- Jim Lehrer maybe-- where people who could afford the mortagage simply refused to pay because the property was so far 'underwater', and the banks wouldn't deal with them. One guy was living in his house about 2 years without paying his mortgage, and no one was taking any action. He figured, better to let them foreclose; and just stay there till they do. The News show was saying this is part of an on-going phenomenon-- people can afford to pay, but don't think it's is a worthwhile investment.

      Anyway, I agree with you on the Frest Start thing. Let's make it as fresh as we can. [Shoot, my fresh start starts with no viable checking account. LOL]

      This kid who was letting his house go to foreclosure emphasized it was a purely business decision. I am of that mind-set. Bankruptcy acted upon at the right level is purely financial, business, accounting issue. You got to make this work for you.

      Look at what the market's going to bring. You'll get easily attached to another place on that golf course (or elsewhere) when you make it home; but importantly when it's affordable to you. Need to get rid of financial stress. That's what we did this for.

      Be a business woman in this instance firstly.

      But you already made the decision. Congrat's to you. That's the hardest part.

      As Tavis would say "And keep the faith" gf

      Comment


        #4
        OP, if the condo is too much too afford and you are going to let it go into F/C then you have made the right decision for you.

        BUT, I see an issue here with the condo fees. The F/C in Fl are taking longer, much longer, than a year. The banks are only picking up one year of HOA/Condo fees at most. The assn's are getting very, very aggressive now going after the owners for defaulted fees. Since you have been discharged from your Ch 7, you are responsible for those fees until the bank finishes their F/C.

        Consider staying in your place until the F/C is complete. Stay without paying any mortgage at all, but continue to pay your condo fees. Right now on the east side of Fl the F/C's are taking on average 2 yrs (sometimes much longer). Bank all the funds that you would normally pay toward your mortgage so when you are ready to move it is stressfree. JMO.
        Filed CH 7 9/30/2008
        Discharged Jan 5, 2009! Closed Jan 18, 2009

        I am not an attorney. None of my advice is legal advice in any way..

        Comment


          #5
          If you have already signed the lease and decided to move, maybe you could rent your owned condo out on a month to month basis to cover the cost of the association fees and insurance costs. I mean, since you aren't going to pay the mortgage anyway, you could rent it out at pretty good a deal...right? But only on a month to month basis, since you don't know exactly when the hammer is going to fall. Then when it appears one of the parties is going to foreclose, you can end the month to month lease with your tenants. Just a thought. Good luck.

          Comment


            #6
            Originally posted by tmoschetto View Post
            Soooooooo, I'm going with July 1st for beginning the lease. My current quarterly condo assessment is due July 1st, and I guess my question is should I pay that to keep it current and then see what happens when the foreclosure process starts? I believe in FL that the mortgage company is responsible for 12 months, or 1% of the mortgage balance (thank you as always JB!), but what happens if I let the monthly condo dues slide and the condo association forecloses before the mortgage company? I'd almost rather just keep the condo assessment current throughout (or at least escrow the $$ for when the crap hits the fan). I'm just not clear with what happens if my assoc. decides to get trigger happy and come after me before Wells Fargo forecloses.
            tmoschetto, I am very happy that you have seriously thought about this. Although you spent a few more restless nights, I think your realization is clear. You have removed the cloud of doubt and now know... you can't get your fresh start with this condo hanging around your neck.

            StartingOver08 actually has the best idea.. and that is to just stop paying the mortgage. If the mortgage and condo fees are equal, just pay the condo fees.

            Please be aware that this is just a strategy and I certainly haven't considered any other implications, but paying the fees would keep the Association happy. Some Associations in South Florida have been sucessful at reverse mortgages.
            Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
            Status: (Auto) Discharged and Closed! 5/10
            Visit My BKForum Blog: justbroke's Blog

            Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

            Comment


              #7
              Aw, thanks so much you guys for even taking the time to read all that I typed! I needed to hear that my decision made sense. This entire BK/fresh start process is so emotional that I needed to run it by the ones who have been on this journey with me these past 4 months. It really does help to just focus on this entire thing as a business decision and try to get past feeling of failure or of "losing" something.

              Tigergem, I loved your idea about doing a month-to-month rental -- even though it would be easier to get seasonal short-term tenants during the winter season in FL, I was ready to put it out there and see if there were any interest. Unfortunately, reading my dreaded condo docs, we have to go through the association if we're going to rent our condos for less than a year. Well, even with an annual lease, there is still an application process where the condo assoc. needs to approve -- apparently there is some % of owner-occupied to leased ratio that we can't exceed or the banks won't lend to a potential buyer.

              So, I'm just going to stay current with the condo assessments and stop paying my mortgage and use that to pay rent at the place around the corner. It's not as complete a fresh start as I would like, but I will still have about $300+ to the positive in my monthly cash flow because of the difference in mortgage payment vs. rent payment, for 3 times the space, double the bathrooms (yay!!) and the relief of knowing if anything breaks or leaks, it's not my financial dilemma. Once the foreclosure is in process, I'll just stop paying the assessments at that point...I think.

              So when (if??) Wells finally forecloses, I'll really be sitting pretty when it's just paying rent alone, but in the meantime I really feel like this move is a step in the right direction.

              Thanks again...I hope you all are having a good weekend :-)
              Filed Chapter 7 pro se: 1/12/10 341 held: 2/16/10 Discharged and Closed: 4/20/10
              Stopped Mortgage Pymts: 5/1/10 Moving to Rental: 7/2/10. Hoping Wells Fargo forecloses in 6 months tops

              Comment


                #8
                hm. Well. If it is going to be sitting empty, then why not just put it up for sale and just see if you get any hits? You might get lucky.

                Comment


                  #9
                  I'm just thinking that renting seasonally -- for a couple weeks or a month at the most during the winter season might be the way to pick up a few extra bucks while I'm carrying this thing. To sell...i don't know -- I paid 150K in 2005, and it's currently appraised for $65-70K. To sell would just be helping the mortgage company since technically I'm not responsible for the mortgage anymore. Your previous rental idea appeals more, but again, the condo nazis come into play. It may very well just end up sitting vacant. Sort of sad, but I take that back -- no emotions, just a business decision from here on out!
                  Filed Chapter 7 pro se: 1/12/10 341 held: 2/16/10 Discharged and Closed: 4/20/10
                  Stopped Mortgage Pymts: 5/1/10 Moving to Rental: 7/2/10. Hoping Wells Fargo forecloses in 6 months tops

                  Comment


                    #10
                    Great to hear you say that tmoschetti !!!!

                    It really really is just a business decision.

                    But I'm bothered by the fact that you seem to be completely overlooking the real opportunity to just remain in your condo for at least a couple of years-- mortgage free/rent free. Why is this not better than the possible seasonal $300 a month thing?

                    Comment


                      #11
                      Originally posted by Goldfish View Post
                      Great to hear you say that tmoschetti !!!!

                      It really really is just a business decision.

                      But I'm bothered by the fact that you seem to be completely overlooking the real opportunity to just remain in your condo for at least a couple of years-- mortgage free/rent free. Why is this not better than the possible seasonal $300 a month thing?
                      She's already renting a place that happened to be vacant that she knows she is going to love... and improving her cash flow enough to make it worth her while. If she stayed in the smaller condo, by the time she foreclosed, the other place she is renting might not be available anymore. I think it's smart overall.

                      Comment


                        #12
                        Originally posted by tmoschetto View Post
                        I'm just thinking that renting seasonally -- for a couple weeks or a month at the most during the winter season might be the way to pick up a few extra bucks while I'm carrying this thing. To sell...i don't know -- I paid 150K in 2005, and it's currently appraised for $65-70K. To sell would just be helping the mortgage company since technically I'm not responsible for the mortgage anymore. Your previous rental idea appeals more, but again, the condo nazis come into play. It may very well just end up sitting vacant. Sort of sad, but I take that back -- no emotions, just a business decision from here on out!

                        True, you would be helping the bank. But you would also be helping yourself. Once you sell it, you aren't responsible for the HOA fees.

                        Comment


                          #13
                          Very true that getting it sold would eliminate the responsibility for the condo fees. Ugh, so much to still be thinking about. It isn't as simple as just walking away.

                          I had a friend suggest that when I do move, I leave the power on and set the A/C to like 90 -- just so that mold doesn't take over during the hot FL summer months. He's in real estate and said it's conceivable that this thing could sit vacant for years, not just months. I can't imagine the bank being excited to take back a 1/1 little condo.

                          I'm still feeling positive about my decision to take the annual lease around the corner, even though the cost to carry the current condo is more than I originally anticipated.

                          I'm just so thankful to be able to post here...there are only 2 friends who know about the bankruptcy and only 1 who I've discussed letting the condo go with. I think my head would explode if I wasn't able to sort of "talk out loud" here and have such support and good advice.
                          Filed Chapter 7 pro se: 1/12/10 341 held: 2/16/10 Discharged and Closed: 4/20/10
                          Stopped Mortgage Pymts: 5/1/10 Moving to Rental: 7/2/10. Hoping Wells Fargo forecloses in 6 months tops

                          Comment


                            #14
                            Wow. Years, huh? You know, I am just vindictive enough that I wouldn't want to help the bank. But, honestly, from a business standpoint, I would exercise all viable options in my own best interest. I think if I were in your situation, I might try to take on the condo rent monster first and see how that goes.

                            Or... omg... I just had this thought. List it on eBay in a 99 cent auction. ROFL. If only it were really that simple.

                            Comment

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