Distressed Homeowners’ Option to Rent Foreclosed Houses
Distressed Homeowners’ Option to Rent Foreclosed Houses
The increasing number of abandoned and vacant foreclosed houses is lowering property values in neighborhoods. These foreclosure properties that remained unsold and unoccupied become eyesores in neighborhoods.
Center for Economic and Policy Research co-director Dean Baker has proposed to allow distressed homeowners to remain in their houses by renting the foreclosed properties to them. He said that his Right to Rent proposal would help eradicate the blight in neighborhoods and preserve community and family stability.
Under Baker’s proposal, former homeowners would be allowed to stay in their homes, after they have been foreclosed by lenders, for as long as 10 years. The leasing of the bank foreclosed homes would be handled by a judge.
Lenders may sell the foreclosed houses but buyers are required to honor the existing lease agreement. Rents are subject to annual increase, based on the consumer price index of the U.S. Department of Labor.
Baker explained that the plan to allow former homeowners to lease their foreclosure homes would benefit them and their communities. He pointed out that in some areas of the country, renting is still cheaper than homeownership.
In areas of Tampa-St. Petersburg-Clearwater in Florida, the average monthly market rent is $946 while homeownership costs are between $1,102 and $1,496.
Meanwhile, there are so many issues that need to be considered before a standard plan could be adopted for the proposal to rent foreclosed houses to former owners. In Virginia, all rights to possessions for both tenants and former owners are terminated when the property is under foreclosure. By virtue of foreclosure orders, leases are automatically voided.
In Maryland, a foreclosure sale terminates any leases entered by homeowners after they obtained a mortgage. A commercial lease agreement typically includes a clause of non-disturbance, under which lenders who foreclose agree not to disrupt the lives of existing tenants.
On the other hand, the government-sponsored enterprise, Federal Home Loan Mortgage Corp. established the REO Rental Initiative. Under the initiative, homeowners who want to remain in their properties by leasing them are required to submit proof of income to show that they can afford to pay monthly rentals. Furthermore, owner-occupants must allow prospective buyers to view the foreclosed homes that they are renting.
However, Freddie Mac has yet to determine the duration of stay of homeowners. This means that when the foreclosed home is sold, tenants will have no choice but to vacate the property unless the buyers are investors who would allow them to continue leasing the foreclosed house.
