Gamble Big: If You Win, You Keep The Money; If You Lose, The Rest Of Us Bail You Out
Author Francesca Lia Block blogs that she may end up losing her home. I feel sorry for her or anyone in that position, but I'm a little amazed at how cavalier she appeared to be in getting an interest-only loan:
The cost of housing was continuing to rise and I was trying to get in while I still could, afraid I would never be able to afford a home for my family. I got an interest-only loan which does not pay off principle until later, after having been reassured by my broker and realtor as well as accountant that I could refinance in a year or two and start paying off principle. Then the market crashed, the value of the home has continued to decline (to $150,000 less than the original cost) and the bank (now Bank of America who bought out Countrywide went it went under) refuses to refinance on an over encumbered or "underwater" property so refinancing is no longer an option. This is exactly the type of situation President Obama is trying to address with his new legislation since so many homeowners are in this position.After having a very low income year in 2010 due to my retinal surgery and my mother's death from cancer, I realized I would not be able to afford the loan, especially when it balloons in a few more years, so I tried to modify. After almost a year I learned that I could not qualify for a modification because the loan was in my mom's name, even though I had made all the payments on time since the beginning and am now the sole owner. I am unable to assume the loan because I don't qualify, in spite of having a good year in 2011--you need a year's worth of mortgage set aside to even assume the loan at the high interest, interest only rate.
I have been told by experts in the field that only by stopping paying may I be able to get the bank's attention so they will let me assume the loan at a modified rate. I do not want to do this for many reasons, including the risk of foreclosure. If someone else came along to buy this house, they could get it at a very good price and get a loan at a very low rate. I tried to explain this to the bank, suggesting they could avoid the costs of foreclosure and I could avoid the heartache of leaving my home if they just worked with me but they have definitively refused.
These banks have been bailed out by the American public and yet are not working with us. The interest-only loan from Countrywide was egregious in the first place (although my broker, realtor and accountant reassured me it was standard for the times and quite safe, especially with the expected ability to refinance in a couple of years) and Bank of America knew this type of loan was unfair when they bought out Countrywide. B of A's behavior toward a customer who has never been behind on a single payment has been inexcusable.
Bank of America, not surprisingly, has given her a major run-around. The rest of the details of the story are at the link above.
Here's the comment I left:
Amy Alkon Mar 11, 2012 11:05 AM
I'm very sorry for what you're going through, and I'm no friend of B of A, but I couldn't afford a home either, so I didn't buy one.
There were a bunch of comments there, but she's since shut the comments down -- probably because there were a few like mine. One I remember said something along the lines of, "Look, you take a gamble, and you'd get the full payoff from that -- why is it anybody else's job to take the medicine when your gamble turns out to be a losing one?"
I agree.
Also, it's hard to understand why such a successful author -- with children -- has no money saved up.







Having just said "shit happens" in another thread, here's another example in a completely different context.
As I understand her story, she couldn't qualify for the mortgage even in those permissive times, so her *mother* took out the mortgage. Then her mother died of cancer. Now that is truly lousy luck.
On the other hand, if this is really the way the mortgage is, then "refinancing" is nonsense, because it isn't her mortgage to refinance. Unless her mother was wealthy, and established a trust (obviously not the case), the house *must* be sold or transferred - either way requireing a completely new loan.
She has been paying money on a mortgage that she does not owe; a mortgage that legally can no longer exist. I understand that, with all the emotional turmoil, one sometimes makes poor decisions. However, at this point, it's time to involve an attorney: if the bank forecloses and takes a loss, they may just want to know what happened to the rest of her mother's estate.
a_random_guy at March 12, 2012 1:00 AM
See when I saw the headline I thought this was going to be about the banks, or maybe your amazingly terrible car industry.
But yeah, you make your bed and you have to lie in it, such is the nature of the world. (Hence why I get right pissed off about the banks)
You friendly neighbourhood Brit.
Simon Proctor at March 12, 2012 2:46 AM
OK, she's a writer and she doesn't know the difference between principle and principal?
Apparently, the principle of paying off the principal on her loan hasn't settled into her head yet. Oh, yeah, I forgot. It's not her loan.
Grrrrrr. Think I'll go find me a pirate to give me a ride to work....
gharkness at March 12, 2012 3:36 AM
Amy Alkon
http://www.advicegoddess.com/archives/2012/03/12/personal_respon_1.html#comment-3063080">comment from gharknessOK, she's a writer and she doesn't know the difference between principle and principal?
Sorry, this is silly. When you're emotional and typing fast you can make these errors. I swap "do" for "due," etc., when I blog late at night and I'm tired.
Amy Alkon
at March 12, 2012 6:12 AM
> Author Francesca Lia Block blogs that she may end up losing her home.
As I read it, she never had a home.
Her mom had a house that she'd bought.
The bank had claim to the house if the mother ever defaulted or died.
...and all Francesca Lia Block had was a count of mortgage fraud hanging over her head this whole time (for which she's now helpfully assisted the prosecution by admitting it all in her blog).
WT*?
Am I missing something?
TJIC at March 12, 2012 7:35 AM
No, Amy, it's not silly. I have compassion for those who are in a hurry, tired, and under deadline stress. (Translated, that means I have noticed your swaps, and I understand. You'll notice I have NEVER commented on them, nor will I, ever.)
It's easy to make mistakes like that, and I have certainly made my share.
Nevertheless, she made the same mistake more than once, with a word that isn't just a throwaway, so it wasn't just a little boo-boo. It was because she didn't know the difference, and didn't care enough to look it up. I think she has a responsibility as a professional writer to care enough to find out, because it affects her credibility with her audience. This is not a "too/to" inadvertent swap.
But of course, that's just my opinion.
gharkness at March 12, 2012 7:46 AM
So, after reading the blog post, I see that she actually had taken out two loans, one an a very high interest rate even for the time. It's clear that she stretched her finances to the absolute breaking point in order to grab the brass ring she wanted. She stretched it so far that it was very unlikely that she wasn't going to get in trouble; her strategy relied on everything being absolutely perfect financially. Yes, she's had some bad breaks, but you're supposed to have savings for contingencies like that. Her financial naivete is almost childlike.
She does sort of have a point about the banks, who have been given billions. But it has to stop somewhere.
Cousin Dave at March 12, 2012 7:58 AM
First, this woman is a moron to have goten an interest only loan
Second, this woman is a moron for daring to complaign about bank bailouts in on breath and the complaign about the lack of her pesronal bailout
Third, this woman is a moron, if you can not qualify for a loan dont get a relivie to sign for you.
Depending on her jurisdications laws she might face criminal charges, is she even on the deed? What did he mothers will say about the dispensation of assets? Was there eve a will at all? Does she have siblings/relitives who can contest her claim to her mothers esate?
And finally supposing she does pay off the laon in its entierty - SHE STILL ISNT THE OWNER - her dead mother is.
Two things might help her,
1 the fact that after reciveing proof of the death of her mother, the bank didnt immediatly transfer the loan
2 she has been paying the property taxes, assuming she paid them in her name and not her mothers she can use years of property tax payments as leverage to claim the house as abandoned by it tennants and claim ownership for herself - if the bank isnt paying attention she might get the house without having to pay them another cent.
But that might just be a oddity of arizona law for all I know
Either way she need to hire a lawyer
lujlp at March 12, 2012 12:54 PM
Getting an interest-only loan on a house is nuts. You get all the responsibilities of a homeowner without actually owning the home.
Lori at March 12, 2012 6:43 PM
But, but... predatory lenders... Evil bankers... robo-signings. Surely someone else is to blame. :)
Miguelitosd at March 12, 2012 7:12 PM
"And finally supposing she does pay off the laon in its entierty - SHE STILL ISNT THE OWNER - her dead mother is."
I don't get that bit either. Did her mom leave a will? Has the property gone through probate?
Cousin Dave at March 12, 2012 7:38 PM
Back when this was starting to break apart -- I was working for a "small" bank. We would do the interest only type loans and similar products. They were done only for the customers that were essentially business owners. They were pass-through mortgages. We serviced them, but the profit/loss belonged to another bank. They were less than 1% of our monthly loan closings.
We as a bank, and I in the IT, programmed for them, but didn't really approve of them. Four to six years down the bank has shrank substantially, but is still operational. The OTS is still chewing on them for being essentially financially sound and not doing as much fractional financing as they could.
The latest round of it is wanting the bank to invest $x00K in IT systems that are fucntional and secure.
Jim P. at March 12, 2012 10:11 PM
"And finally supposing she does pay off the laon in its entierty - SHE STILL ISNT THE OWNER - her dead mother is."
I don't get that bit either. Did her mom leave a will? Has the property gone through probate?
Posted by: Cousin Dave
Well according to her she is still makeing the payments in her mothers name, and the mortgage is still in her mothers name nearly a year after her death. My point was if she manages to pay off the loan before the house goes thru probate the property is still wholy part of her mothers estate and not hers which means any relatives can pop out of the wood works and claim their share of the procedes
lujlp at March 13, 2012 8:53 AM
Hee hee hee... a Brit complained about our cars. Wonderful!
Radwaste at March 13, 2012 5:21 PM
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