Seriously are you retarded? Its like arguing with Dixie.
Do try to follow along this time.....
If you have a $300k home that's current market value is $250k... there is NO equity in the home. NONE. That is why they call those mortgages under water. You are drowning in the debt. If there was substantial equity in the home, the individual would be able to refi that debt or simply sell the home. They would not be up for foreclosure.
If the individual defaults on that debt... what is the mortgage company left with? A home that is valued at $250k and a hit of $50k. Then the mortgage company has to try to sell the asset in a declining environment. Maybe they get lucky and are able to sell for the $250. In which case they still take a $50k hit.
But while they are selling, they have no cash flow from the property. If this happens on a wide scale... they are hosed. Bottom line... in the BEST case scenario they take that same $50k hit that they would have under my proposal.
I'm sorry SF, call me retarded if you want but this really doesn't make sense. In your example of the OP:
Ex: Owner A buys has a home for $350k with a $300k mortagage that is now worth $250k. Lender B refi's the deal for $250k.
In three years the housing market gets better and Owner A sells the home for $350k. The loan for $250k is repaid, Lender A gets additional $95k, owner gets remaining $5k.
Or
If Owner A sells home for $270k.... Lender gets $250k for loan and additional $20k. Owner A walks away without a blemish on credit.
you show lender B refinancing for the buyer at 50k below the value of the mortgage (approx we know there would have been payments in there) but for shits and grins lets go with your figure. And let's give the lenders names for clarity. Lender A = Bank of America, Lender B = Wells Fargo.
The homeowner wants to refinance and under your scenario is short $50k. If the homeowner uses all the funds from the second mortgage (Wells Fargo) to pay down the Bank of America Mortgage the homeowner would still owe $300k (250 to Wells Fargo and 50 to B of A). In fact, both banks are going to expect monthly payments and B of A will still want the original monthly payments unless renegotiated.
The way things work today, if the home sell in the future for $350k, the proceeds would be split like this; B of A 50k, Wells Fargo 250k and owner 50k. If the home sells for $270k then B of A gets it's 50, Wells Fargo gets 220 and the seller has to make up the difference or be in default on the Wells Fargo Loan and suffer those consequences.
Under your scenario, if the home sells for 350, B of A get 95k, Wells Fargo gets 250k and the homeowner gets 5k. If the home sell for $270k based on your example, Bank of America would be losing $50k, Wells Fargo would get its 250k and basically the homeowner gets an additional 50k, the 20k from the sale and the 30k in written off loans. What incentive would Bank of America get in return for this agreement? Even if Bank of America got the 20k difference between the sale of the property and Wells Fargo's loan, B of A loses and the homeowner clears an extra 30k in written off loans.
Why on earth would the homeowner want to give up so much potential equity (45k in your example) in the future for nothing in return or why would Bank of America be willing to give up 50k should the home sell short?
I'm lost somewhere.
I doubt B of A would care to gamble its 50k that the homeowner will sell for a profit that he/she will not share significantly in. It is much easier to sell a 350k home for 270k than it is for 350k so the homeowner's incentive is to get out. Even easier would be to sell the home for 250k pay back Wells Fargo and get the 50k benefit of written off loans.
Under your scenario, I see someone losing big time. I just don't see banks snapping at your idea as they won't be willing to gamble on a future profit nor do I see homeowners willing to give up their equity like that.
Saving a foreclosure proceeding? I think the risks are too great for both parties.
Something just doesn't make sense to me. Maybe I'm not understanding your scenario, but I am at least trying.
Immie