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Property tax - to pay or not
#11
Sorry Kathy, but deed in lieu is no better or worse than a foreclosure on a credit report, that is just something put out there to make people think it is true. The reason to do the deed in lieu if at all possible is to get the home out of your name as quickly as possible. And BOA has put there own insurance on the home as well as paying the taxes.

We are in this particular situation due to the fact that just as we were going through this, the State of Hawaii passed the mortgage moratorium, and with the new laws none of the banks are doing non judicial anymore, everything is going judicial which has made the situation even worse.

I do have a neighbor watching the home, as his brother wants it when it goes to foreclosure, so that helps some.

And for the others who think it is as easy as renting something out, there is liability and also having to keep up on maintenance, and paying a real estate firm as we are out of state. Uhm..we are broke, we have gone through bankruptcy and barely scraped together enough to leave Hawaii so we could get jobs. I am glad others are doing so well, but as noted there are many of us around that went through this, and we are not done yet, I truly hope this does not happen to any of you, but I understand the feelings as I used to feel that way about taking care of your stuff, but I have learned not everything is as black and white as we wish.

I truly wish we had not lost everything we had.We tried to hang on for two years while living in our home, but at some point you must chose to live and survive. Sometimes things happen and you do what you must. This was very difficult as we had lived in our home for ten years, taken care of it, groomed it, made it our home where our kids reached adulthood. We loved this place.It was our dream that we had worked on forever to have.

This was also one of the reasons I never divulged who I really was on here, as many people are very judgmental, and if I was like them I could wish this situation on them so I could then poke at them and make them squirm, but I am not like that, and having dealt with it from family members already, someone doing this now just makes me sigh in exasperation.

But then there are the rest of the people we met and knew who did care and tried to understand, there were several who were very helpful and were our true friends, who were just as devastated as we were, as they wondered if they were next in line.

This in no way was meant to be a rant, just some explanation, as I have moved on, and I am sure I won't be the last, but maybe some people will be a bit less critical of anyone else who may go through this.

As Rob always says, assume the best.
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#12
I'm not poking. You ask for empathy for your situation and I, in response, ask for empathy for my situation, caused by yours. No one way streets in life.

This is why I got divorced from my ex-husband. People have asked and I say because he didn't wash the dishes.

It's because he would explain his situation and want my empathy and he (and you) have it. But when I would explain my situation, which was brought about by his situation, he'd get upset at me; accuse me of all sorts of things, like "poking" and not understanding.

Not fair! Paul Harvey's...."The rest of the story" is everywhere.

Edited to add: When I reply on this forum, in my mind, I'm not speaking to a person; especially to a person in particular, usually. I'm trying to speak in terms of philosophy, on purpose.

I realize there are real people here, but when things are said in writing, it's the philosophy behind the situation that has meaning and is left behind to learn from. We have family, friends and institutions that we can go into details with, that can give us more in depth responses.

I came back to clarify this because I'm assuming I'm gonna get a rebuff like "start a new topic" or "some people think they know everything" and I'm scared of that...lol
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#13
Sorry if you misunderstood Mailesomaha, I never asked, wanted nor needed empathy from you or anyone. My pity party was over a long while ago. Just the facts of a terrible situation that is not easy on any of us, with no easy answers. I was telling why we could not rent out, nor could we stay.

I guess from others perspective people can live on nothing and then just land themselves on the dole in doing so. We chose to move on and try to be productive once again. I have sat on your side of the fence and know exactly what you say is true, but what to do when you can't stay, there is no option. It is the option of least worst thing. As I mentioned we did try to stick it out. We lost evrything during this time, we lost a home, a business, and most everything we had left in retirement trying to stay. So try imagining that side of the fence for a moment, where you are down to not buying food, nor gas and needing to move in with relatives out of state to take care of you while you try and beg jobs out of places. Then counter that with being worried about a home you no longer own, as it now was surrendered during a bankruptcy, but you wish you could stay as you know what your neighbors will go through having to live next to a house that is unoccupied. There is no winning in this situation, but you must choose one or the other.

That was my side of the fence. Just one perspective from a person who has lived through all of this.

And I am sorry Alex, for this overtaking what you had asked for.
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#14
This is certainly a topic that strikes close to people's hearts, to home and neighborhood, and loss.

I agree with maile that an abandoned home is a bad thing, and I agree with ciona that people sometimes have to make the best of things. Let's not forget that the lender holds most of the power and make choices about foreclosures.

ciona, that is true about the judicial foreclosures being the rule just now, and that it is bad to have a home in one's name after one no longer lives there or oversees the property.

I was not myself saying the deed in lieu is a smart thing to do to repair credit, only repeating that some people do it thinking it will help. Other reasons could be to get closure, avoidance of a deficiency judgment from a judicial foreclosure (IF judges are actually handing those out, which I don't know).

But in any case, back to the original question, the property tax as part of an overall deficiency judgment would usually be a fraction of the amount and to my mind not worth thinking about if you are going under.

Alex's posted concern about unpaid taxes going to collection is probably a very real concern, although see below why I doubt it will happen ... for that reason it is important to get the lender into the situation ASAP by getting them the tax bill.

The lender WILL pay the taxes, because when the lender gets the deed, the tax debt will still be imposed upon the property, and will be the lender's problem. (Plus as said above, the lender is no longer first lienholder.) The tax debt will always follow the property and not the former owner. A lien on the property brings rights to sell the property to collect the taxes, whereas a debt sent to collection is eventually sold off and the County will never get its money.

So friend should, IMHO, use the money for food and necessities, but should verify now it workds with the Tax Office and the lender if friend cannot afford an attorney (which I doubt).

Also friend should contact the Legal Aid Society. An attorney friend of mind told me they have a new program to help more people who cannot afford legal advice.

RIP Marc Hansen, another fine musician gone (Hansen & Raitt)
http://www.youtube.com/watch?v=G_2nxZ3Wrqw
http://www.youtube.com/watch?v=xTReV9kDS3I
http://www.youtube.com/watch?v=zRTULLjILAg&feature=related
http://web.me.com/cayurt/Yurt_People/history.html
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#15
I went through my email and the program is called Affordable Lawyers. A friend of mine says it was spearheaded by one of her friends who is a good attorney. This was a recommendation for me to tell someone else so I haven't contacted them or anything, but I believe it is connected to the Legal Aid Society.

RIP Marc Hansen, another fine musician gone (Hansen & Raitt)
http://www.youtube.com/watch?v=G_2nxZ3Wrqw
http://www.youtube.com/watch?v=xTReV9kDS3I
http://www.youtube.com/watch?v=zRTULLjILAg&feature=related
http://web.me.com/cayurt/Yurt_People/history.html
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#16
Just know that the county will come after you before *some banks* and in Hawaii, the mortgage lender is allowed to take any property, savings,salary etc. that you own. There are a lot of owner financed properties in Hawaii. People with those loans will see things run a lot faster than big banks or mainland banks like Wells Fargo.

Aloha au i Hawai`i,
devany

www.myhawaiianhome.blogspot.com
www.eastbaypotters.blogspot.com
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