Re: Selling a House When You Are Upside Down
gollum wrote:I have read of people who can not sell their homes because the mortgage balance is higher than the market value.
Why can't such a person sell the home for its market value, at which point he or she would have an unsecured obligation to the former mortgagee? The obligation would emanate from a personal note that is generally signed at the same time as the mortgage.
Could the mortgagee refuse to allow the sale of the house? Does this generally happen?
The house is your collateral with a mortgage. If the seller can't clear themselves of their mortgage no bank is going to give any possible buyer a new mortgage that they can't fully secure with the property. A part of the selling process is clearing the title - making sure that no one else has any claim to the property. And since the seller's mortgage is dependent on the property the seller's mortgage holder would retain a claim to the property. No clear title, no sale.
If I had a house that I owed $300,000 on and sold it for $250,000 I could go and try to get an unsecured loan to pay off the difference myself but mortgage lenders aren't in the business of giving unsecured loans and they aren't going to step into the middle of that.
There are people that have been upside-down on their mortgage that have sold their homes by making up the difference from their own savings. If you don't have much in savings though, you are pretty much stuck.