The Foreclosure Report

Banks 'Uninterested' In Avoiding Defaults: CO

From the Denver Post. "Homeowner Eric Elkins is struggling to avoid the real estate world's dreaded F-word. Foreclosure may be his only way out. Elkins says he can no longer afford his payments. He owes $285,000 on his Highlands Ranch house. But it's worth less than $250,000. 'I just want to get out of the house and not be too screwed,' he said."

"He and his then-wife bought it for $252,000 in 2002. Last year, Elkins put the house on the market for $299,000. At that price, the home attracted only three showings. Increasingly unable to afford his payment, he contacted his lender, U.S. Bank. At first, the bank told him he couldn't refinance again because he owed more on the house than it was worth, he said."

"He inquired about selling, but to sell a house for less than it's worth requires lender approval. Eventually, Elkins' lender came up with a better idea. 'He put me into two home-equity lines of credit,' Elkins said. 'It was all very creative.'"

"These new loans replaced his mortgages. One was interest-only, meaning Elkins wasn't required to pay the principal during the term of the loan, keeping payments low. Both loans had adjustable interest rates. As for the value of the house versus the size of the loans needed to refinance it, well..no equity, no problem. 'He got an appraisal for $285,000,' said Elkins of his lender. 'I don't know how he did it. It was exactly the amount I needed.'"

"Unfortunately, Elkins' financial situation is still disintegrating and his payments keep rising. He put his home up for sale again in May. In June, he got an offer for less than $250,000. His broker submitted it to U.S. Bank for approval. The bank had to decide what to do about the deficiency. One option would be to grant Elkins an unsecured loan for the balance. Another would be for the bank to take the loss. The loss on a short sale is typically smaller than the loss on a foreclosure."

"Unfortunately, the bank did not respond and Elkins' bidder moved on. 'This property will end up foreclosed on because the bank cannot respond quickly enough,' said Elkins' real estate broker, Gretchen Faber. 'U.S. Bank is completely uninterested in cooperating with me or with the buyer's agents. It isn't just U.S. Bank,' she said. 'All banks do this.'"

posted by Ben Jones @ 12:18 PM