Tuesday, July 14, 2009

First Homeowners Now Banks Are Walking Away

I found this article on banks walking away very compelling. Apparently, banks are giving some homeowner a "head fake" on the foreclosure process and are not actually completing the foreclosure thereby leaving the homeowner with the taxes, upkeep etc even after the homeowner has vacated the property.

JMO:
Wow! where to do I start? there are so many interested aspects to this story.
  1. If the bank hasn't foreclosed, why can't the homeowner take possession of the home again?
  2. Is this an opportunity for tax lien investors to go in and scoop up properties?
  3. Will this motivate homeowners to destroy / gut their property prior to vacating?
I think we will need legislation that requires notification of the final disposition of foreclosure procedings. I've read hundreds of "Notice of Trustee Sales" documents and I cannot find anywhere where the homeowner is notified that the bank may elect NOT to complete the process and the homeowner could remain responsible for taxes, HOA and upkeep or that the may have the right to regain possession of the property. This is going to turn into something BIG if someone doesn't close this loophole very soon.

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