How your dream home can quickly turn into your worst nightmare

One of the first things that I look at when meeting with a potential bankruptcy client is their real property situation. Over the years I have narrowed most clients down to three categories:

#1. Clients who have accepted that their home is pulling them into a black financial hole and want to surrender the property and start from scratch.

#2. Clients who can afford their monthly payment and associated fees and just need to reorganize due to an unforeseen job loss or illness.

#3. Clients who will never be able to afford their homes yet will fight tooth and nail to the bitter end to stay in the home as long as possible.

These days the real estate market is a sad one. Its demise has affected almost all of us one way or another. The bubble has burst and the reality is grim. The majority of clients I represent have little or no equity in their homes. For some it does make sense to retain their property and reorganize under Chapter 13 but most of the cases that I am seeing now it makes more sense to let go of the worthless property and start over.

The following are some tips for potential home buyers to keep into consideration when deciding on purchasing a home/condo:

#1. Do you really want to live in a community with a HOA (Homeowners Association) or condo fees?

After almost a decade of fighting with creditors in bankruptcy court I can honestly say that some of the nastiest creditors are the HOA's. Typically the fees owed are small as compared to other creditors but the aggressive pursuit by the HOA's in bankruptcy court never ceases to amaze me.

I usually have to call opposing counsel at least once a month on a case involving HOA fees due to the fact that the HOA does not want to reinstate services to our client once they are under bankruptcy protection. Unfortunately in my experience the head honcho for the HOAs mostly resembles a mini-Hitler (or Hitlerette) on a power trip.

In a financial bind and need to rent your house out? You may need to think again since usually you have to get permission from your association first. Last year I had a client forced into bankruptcy because she rented her house out (because she lost her job and moved in with her family) and did not get permission from her board. She was unaware of the restriction but regardless, she was fined $50.00 every day that the tenant was in the home. On top of that she had to break her lease with the tenant who in turn sued her! At the end of the day she decided to let the house go. The house went into foreclosure which in turn lowered the property values of her entire neighborhood. Not really smart on the HOA's part considering the final outcome.

My best advice for potential home buyers is to REALLY read and review your HOA/Condo covenants BEFORE you get attached to your potential new home. Many home buyers have no clue regarding the extent they are restricted until they receive a violation.

#2. Just because you are qualified for a certain amount does not mean you need to purchase a home for that amount.

Many times when reviewing a potential client's intake form I am shocked at the size and price of the home that they live in. Perhaps it was affordable on two incomes but typically when one person looses their job it spells trouble. People are struggling so hard just to make the payment on their oversized house that they are unable to take a vacation or put money away for a rainy day. In the end the house becomes a financial prison.

Even if the payment looks manageable owning a home has many hidden expenses such as maintenance for your lawn, cleaning the gutters, maintaining the heating and air system, termite control (which is a necessity especially if you live in GA), and in some cases HOA fees.


#3. Buy in a good school district.

This is important for 2 reasons. First, even if you do not have kids, when you go to sell your property this fact will help you with potential buyers who do. Second, the cost of private school can run between $800-$1200 a MONTH. Think of all the money you can save (especially if you have more than one child) if your kids can attend a good public school.


#4. Hire a home inspector.

Your lender will require a home appraisal but you should hire your own home inspector, preferably an engineer with experience in doing home surveys in the area where you are buying. Their job will be to point out potential problems that could require costly repairs down the road.


Home ownership can be a wonderful experience for many but it is not for everyone. There are many situations where buying is a bad financial decision. At least for now it appears that the days of "No Down Payment" and easy doc loans are gone. Make sure you are well informed and have considered all financial issues before deciding on a home purchase.