Posted June 11, 2008
Wall Street Journal--June 11, 2008
Some people have asked me if the practice of buying a home at a lower price and then bailing out of their upside down mortgage is legal. The answer: "that is a good question"?
As a licensed Realtor, I would dissuade any client from pursuing a strategy like a "buy and bail" because it is definitely not ethical.
According to the Realtors Code of Ethics Article 1 states:
Article 1
When representing a buyer, seller, landlord, tenant, or other client as an agent, REALTORS® pledge themselves to protect and promote the interests of their client. This obligation to the client is primary, but it does not relieve REALTORS® of their obligation to treat all parties honestly. When serving a buyer, seller, landlord, tenant or other party in a non-agency capacity, REALTORS® remain obligated to treat all parties honestly. (Amended 1/01)
Intuitively, if a Realtor knows that a Seller is in Pre-Foreclosure status and the same Realtor assists a Seller to purchase another less expensive home so a Seller can get out from under an upside down mortgage via foreclosure, how can that same Realtor fulfill their obligation to treat ALL parties honestly?
Moreover, I would urge any Seller considering a "Buy and Bail" strategy to consult a licensed legal professional as to the relevance of U.S.C. Title 18 Section 1014. Any violaters of the section shall be fined not more than $1,000,000 or imprisoned not more than 30 years, or both.
Bottom Line: million dollar fines and prison terms are not worth the risk! The current climate is such that mortgage fraud task forces are being formed so that agencies like the FBI, IRS, Housing and Urban Development, U.S. Attorney's Office, and California Department of Real Estate can combine their resources to seek out examples. The question is: do you want to be one of the unlucky examples? If you know of any examples and would like to share a story, please comment below.