Foreclosure and Second Properties, Courtesy of Keller Williams

Foreclosure and Second Properties

What Does it Mean to Buy and Bail?

Buying and bailing refers to the act of buying a second property and allowing a first home to fall into foreclosure. Homeowners who purchase second properties in this scenario are typically upside down on their primary residence, meaning they owe more on their first home than it is worth in the current market. It’s likely that they had an adjustable rate mortgage and their monthly mortgage payment grew to a payment they could no longer afford. For some, an easy solution appears to be buying a second property at a depressed price with a fixed rate mortgage in order to lower their monthly mortgage payments. At the same time, they let their first home fall into foreclosure û hence the term buying and bailing.

You may wonder why a lender would loan someone money for a second property when they are already having difficulty making the mortgage payments on their first home. Typically, the buying and bailing homeowners will state in their loan applications that they intend to rent out the first property, but it should be noted that lying on a loan application constitutes fraud. Fanny M’ and Freddy Mac have instituted rules to curb the practice, but it continues. In addition to fraud, homeowners could get themselves into deep water when dealing with foreclosure and second properties.

Things to Consider About Foreclosure and Second Properties

There are two different scenarios that can occur with foreclosures and second properties. The first is the buy and bail situation explained above where the homeowner buys a second property and allows the home that has been his primary residence to go into foreclosure. The second is where a homeowner has a second property, perhaps a vacation home, and allows that second property to go into foreclosure.

When a home goes into foreclosure it will be auctioned off û usually for a much lower amount than what is actually owed on the property. The difference between the amount owed and the amount received at auction is called a ôdeficiency balance.ö

How the settlement of the deficiency balance will be handled varies greatly depending on where you live and your state’s laws regarding foreclosure and the enforcement of deficiency balances. In about two-thirds of U.S. states, deficiency balances are treated like all other unsecured debts, and lenders may pursue a borrower after foreclosure by seeking a deficiency judgment. This allows a lien on the second property for the amount still owed on a previous mortgage. In states such as California and Arizona there are restrictions on lenders, and they may not have that option if the original home was a primary residence.

If you have a vacation home that goes into foreclosure, and end up owing a deficiency balance after foreclosure on that second property, the lender may file a lawsuit against you to collect the debt. This could result in garnishment of your wages, levies on your bank accounts, and/or liens placed on your property, including your primary residence, depending on your state’s laws relating to the enforcement of judgments.

After foreclosure, the lender, otherwise known as the judgment creditor, may be able to force the sale of your primary residence to obtain the money needed to pay off its judgment depending on the state in which you live. Judgment creditors are more likely to pursue a forced sale of your property if you have a lot of equity in your home. Therefore, if you have a substantial amount of equity in your primary residence, you may want to think long and hard before allowing a foreclosure on your second property. A consultation with an attorney specializing in real estate law is advisable before deciding to let a foreclosure on a second property to occur.

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Private Estate in 85255 Zip Code

This Private Estate in 85255  Zip Code in Scottsdale, AZ is just the place you have been looking for.  Set in Pinnacle Peak Estates, the 3 1/2 acre lot enjoys unbostructed views of the Sonoran Desert and Scottsdale and Phoenix city lights. The custom gate and entrance to Casitas del Rio protects your privacy and only you can grant access to your estate.  Lush vegetation and a large lot give you a feel of seclusion while only being minutes from all of the action Scottsdale has to offer.

The property features over 5300 square feet of luxurious but comfortable living. All of the living space is set on the main level.  A private office and loft with deck are on the open second floor.  Ceilings in the main living room soar to over 20 feet and a dramatic ancient stone wall with entertainment built in provides a stunning backdrop that will take your breath away.  State of the art sound and electronics are in each room.  Each bedroom has it own ensuite bath with separate tub and shower and granite surrounds.  There are two additional guest bath rooms for each wing of the home.  A custom stained glass and iron door greet you at the end of the circular drive welcoming you to Casitas del Rio.   A built in wet bar with wine cooler is just steps away.  The wine grotto is surrounded by natural stone and includes a tasting room and 2500 bottle climate controlled wine storage.  The oversized 4 car garage features finished floors, ample storage behind doors and air conditioning to keep your prized posessions in the best of climates.  The patio and alfresco dining area rivial five star resorts with a salt water pool complete with a heated spa, water fall and misting system.  A built in grilling area with Viking appliances complete a well thought out outdoor living space that is perfectly set up for entertaining or relaxing.  Should you decide to expand, there is ample room for a guest casita and sports court that will not impede your views.  Casitas del Rio is in a subdivision that does not have a home owners assocation to limit your desires.  Lots range is size from just over an acre and a half to more that 20, providing plenty of space between neighbors.

Let us show you Casitas del Rio and discover Southwest living in this Private Estate in 85255  Zip Code in Scottsdale, AZ

Greg Schamp, Keller Williams Realty, Sonoran Living

www.realestateinphoenixscottsdale.com

http://www.casitasdelrio.epropertysites.com/

602-677-6816 Direct

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