Buying Foreclosed Homes and Renting Them Back to Previous Owners Is Illegal: Is It Time for the Right-to-Rent Act to be Passed?
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The home foreclosure crisis continues to drag on, and many solutions have been tried to fix it, but with limited to no success thus far, eg, President Obama’s Making Home Affordable Program; prosecuting lenders for illegal foreclosures (a la robosigning practices); a foreclosure workout deal that includes principal reductions; etc.
In spite of all of this, there simply doesn’t seem to be any end in sight, if recent foreclosure statistics are anything to go by.
Sobering Foreclosure Statistics for 2012
Short Sales Up: In 2011, there were 26,000 more short sales than there was in 2010.
Housing Inventory Up: The real estate company RealtyTrac has estimated that the market needs to process another 14 million properties before the foreclosure crisis can be considered over.
Property Values Down: Residential real estate prices dropped more than forecast in the year ended October, showing a broad-based decline that indicates the U.S. housing market continues to be weighed down by foreclosures.
More Foreclosures Coming: There’s no doubt that foreclosures will increase in 2012. Proof? Close to 3 million homes were foreclosed on in 2010. Between 2009 and the end of 2012 more than 9 million homes are expected to be in foreclosure, according to the Center for Responsible Lending.
With these daunting numbers, new ways of solving the foreclosure crisis are constantly being put on the table. One of them – allowing buyers to rent the foreclosed properties they buy back to the previous owners – appears to benefit all involved, ie, lenders, homeowners, neighborhoods and the economy at large. But, it’s illegal. Why?
Post Continued Below . . .
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As explained in the HuffingtonPost.com article, Right to Rent: The Foreclosure Crisis Solution Banks Love to Hate
. . . banks refuse to allow these kinds of transactions unless the buyers sign legal documents promising they will not rent the property back to the previous owner [if they bought it in a short sale]. The restrictions are designed to limit fraud: If a struggling homeowner can sell the property for less than what they owe the bank and remain in the home, they could find a partner to buy the home at the reduced price, and together they could then sell the home and split any profits.
But, has the time come to repeal/amend this law? In light of the numbers above, many are screaming, “Yes!” And, legislation to that effect has been introduced. It’s known as the Right to Rent Act.
The Right to Rent Act: Proposed Legislation That Would Keep Foreclosed-On Homeowners In Their Homes
Following is what the Right to Rent Act is and how it would help to end the foreclosure crisis sooner rather than later.
Under the plan, after a home is foreclosed on, the homeowners would be given the option to stay in the house paying a fair market rent determined by an independent appraiser.
Ending the Foreclosure Crisis: 4 Immediate Benefits of the Right to Rent Act
Keeps Families in Their Homes: This is beneficial on several levels, eg, the kids can stay in the same school; family routines stay the same; etc.
Neighborhoods Remain Safer: When a home is foreclosed on, it can sit vacant for months, and in some cases years, before it is resold. Vacant/foreclosed properties destabilize neighborhoods by inviting crime. And, they’re just unsightly if not properly maintained, which brings us to the next benefit of this act, which is . . . .
Stabilizes Property Values: Foreclosures decrease the value of surrounding homes. This plan would help mitigate this because many investors have said that they would be willing to pay more for a property if they were allowed by lenders to lease it back to the previous owners.
Decrease Housing Inventory: There is a glut of foreclosed properties on the market now, with more on the way; again, as the stats cited above highlight. So it’s a simple case of supply and demand – the more supply there is, the more the price decreases. This means that the housing market can’t really start to recover until a lot of this inventory is sold off, leased and/or rented.
The Right to Rent Act would prevent more foreclosed-on properties from being dumped on an already full-to-the-brim housing market.
So, why hasn’t this act been passed yet? It has in Ireland.
Look no further than Washington and petty politics. Once again, the Average Joe is left out in the cold – literally and figuratively speaking. Learn more about the Right to Rent Act in this video.
What do you think? Should investors be able to buy foreclosed properties and rent them back to the previous owners? Share your thoughts in the comments section below.
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Copyright © 2012 Yuwanda Black for Foreclosure Business News. Article may not be reprinted or reproduced in any manner without the express, written consent of the author.
