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Jessica Mendoza: Well, good morning, Harston.
Harston Jones: Good morning. How are you?
Jessica Mendoza: I’m well. How are you?
Harston Jones: Oh, just fine. Considering.
Jessica Mendoza: Yesterday I had a call with a man named Harston Jones. He’s 62, recently retired, and is based in Atlanta, Georgia. He lives in a home he bought in 1998.
Harston Jones: It’s a ranch style home, on about a half acre. It’s a very diverse community. It’s very convenient to a lot of important areas of Atlanta.
Jessica Mendoza: Right. And location, location, location. You have to choose the community that you want to live in.
Harston Jones: Absolutely. I got lucky on that.
Jessica Mendoza: Like a lot of people, Harston took out a mortgage when he bought his home. A few years later, he got a second mortgage on the house. It was a home equity line of credit for up to $50,000 and Harston used that money to renovate his property.
Harston Jones: Some major repairs had to be done. All the windows had to be replaced. I needed to put a roof on the house. I needed to fix the driveway, it’s a pretty long driveway. Things like that I needed to get done.
Jessica Mendoza: Soon after Harston took out that second mortgage, the financial crisis of 2008 happened.
Banks were getting bailed out, home prices were crashing, and a lot of people, like Harston, lost their jobs. Many stopped making payments on their home loans. Some banks stopped sending out statements for those loans, giving people the impression their loans had been canceled. Harston was one of them.
Harston Jones: And I thought it was over. And then I got this surprise letter in exactly three years ago this month.
Jessica Mendoza: Since then, Harston has been embroiled in a legal fight to keep his home, a fight that other homeowners across the country are also going through.
Welcome to the Journal, our show about money, business, and power. I’m Jessica Mendoza. It’s Friday, June 23rd.
Coming up on the show, how zombie mortgages are coming back to stalk American homeowners.
The financial crisis was a chaotic time for the housing market. Home prices were falling, people were losing their jobs, struggling to pay their mortgages, and that led to a wave of foreclosures. Here’s our colleague Ben Eisen.
Ben Eisen: A lot of people lost their homes, because when you don’t pay your mortgage, the lender has the right to foreclose on your house and so there were tons of foreclosures. There were a lot of people that went to their mortgage company and modified their loan. Basically got the company to change the terms of the loan so that they could get back on track with payments. And then there were some loans that just kind of disappeared.
The lender, for whatever reason, wasn’t going to foreclose on the house, but they also weren’t going to get repaid back. And so a lot of these banks, they just kind of wrote down the value of the mortgage, basically saying, “We are going to recognize a loss on her own balance sheet for having made these mortgages.” And at that point, depending on just what the lender does with that mortgage, they might stop sending statements to the borrower.
Jessica Mendoza: And why would the bank do that?
Ben Eisen: Banks were under pressure to clean up their balance sheets. They had tons and tons of these loans and that had all soured at once. Not every bank had the appetite to kind of go through with all of these foreclosures, so sometimes they didn’t do that, and instead they basically just kind of ignored the loan for a bit.
Jessica Mendoza: Banks call this charging off a loan.
Ben Eisen: This is basically the technical term for what a company that is in the business of lending money does when they’re not going to be able to collect money on that loan and they need to basically get it off their balance sheet. They charge it off. They just basically take the losses on it.
Jessica Mendoza: Banks all over the US started charging off second mortgages because it seemed like homeowners wouldn’t be able to repay. And this is what Harston says he thought happened to his second mortgage.
He had stopped payments on his second mortgage during the time when he was out of a job. When he was able to restart payments, he got back in touch with his bank.
Harston Jones: I called them when I got stable again, and they told me the mortgage is charged off. And I thought it was over.
Jessica Mendoza: Your bank said that it was charged off?
Harston Jones: Yes. When I saw charge off, I said, “Hey, it’s charged off.”
Jessica Mendoza: But Ben says there’s actually a big difference between canceling a loan and charging it off.
Ben Eisen: That doesn’t mean the loan went away. That simply means the bank is deeming that mortgage uncollectible.
Jessica Mendoza: So just saying like, “It’s not worth the trouble. We’ll take the loss. Moving on.”
Ben Eisen: Exactly.
Jessica Mendoza: Many homeowners, including Harston, thought they could move on too. Then one day, in the spring of 2020, a letter arrived for Harston. It was a pretty ordinary looking letter.
Harston Jones: It wasn’t clear from the outside. I said, “Why are these people contacting me?” And I opened it up and it was an official accelerated foreclosure letter with all the mouse print for like four or five pages.
Jessica Mendoza: The letter was from a law firm representing an investor called IslandCap. It said that IslandCap was now the owner of Harston’s second mortgage. And because Harston had missed a decade of payments, IslandCap was threatening to foreclose on his home.
As you were reading it, what was going through your mind?
Harston Jones: I couldn’t believe it. I was saying, “How could this happen?” I was very confused, but when I tell you that was one of the lowest points of my life to get that notice. It was awful. It was awful. It was a nightmare.
Jessica Mendoza: It turns out that Harston’s second mortgage hadn’t died. His bank had sold his loan to new owners. Banks do this all the time.
Ben Eisen: Often what they do is they just sell them off, to whoever wanted to buy them. They might say, “This loan is no longer worth 100% of its original value, but we might be able to sell it for 5% of its original value.” And then all of a sudden it enters this new world of investors who are buying it because they think there’s some value to be squeezed out of it.
Jessica Mendoza: These investors buy the mortgages for pennies on the dollar, waiting for a day when house prices go back up and it makes sense to start collecting monthly payments again.
Ben Eisen: And that’s what happened with a lot of these mortgages. They changed hands, sometimes many times, and went from an investor to investor. At some point, it lands in the hand of an investor who says, “You know what? I’m going to go to the homeowner and tell them that they have a new mortgage company and they have to start paying again or they have to make up for all those missed payments or I’m just going to foreclose on the house.”
Jessica Mendoza: But Harston wasn’t going to give up his home without a fight.
That’s coming up.
After receiving that letter from IslandCap’s lawyers, Harston says he jumped into action. He started contacting attorneys to figure out what his options were.
Harston Jones: What else could I do? I needed help. I needed representation. I needed somebody who understood what’s going on.
Jessica Mendoza: At first, IslandCap didn’t say how much money Harston owed. But they eventually asked for about $95,000, which included interest and late fees on top of a $43,000 loan. Harston’s attorney tried to negotiate with IslandCap over a repayment plan or settlement. When the Wall Street Journal reached out to IslandCap, the company said it’s in the business of buying defaulted mortgage loans from banks at a discount. And that if the borrower simply restarts loan payments, IslandCap would take no further action. But Harston and IslandCap couldn’t reach an agreement.
Harston Jones: And we tried to negotiate with something reasonable, but they won’t budge. And I knew why they were doing it, because in one of the last correspondences we had with them, they said, in clear writing, “because he has so much equity in the property.” I knew that’s what it was all along. But they even said it out loud that the reason they’re not given up on this, in so many words, they said it clear as day, “because of the amount of equity he has in the property.”
Jessica Mendoza: We ran this point about Harston’s home equity past IslandCap, but didn’t get a response. Our colleague Ben says that higher home prices are the reason so many zombie mortgages are coming out of the woodwork now.
The US housing market has been on a tear lately. Home values have been soaring. And after years of making payments on their first mortgages, homeowners have built up a lot of equity in their homes.
Ben Eisen: And the equity is important because that is the value of your home and if somebody owns the right to foreclose on that home, the thing that they’re foreclosing on has gotten a lot more valuable or the thing that they’re using to demand payment has gotten a lot more valuable.
Jessica Mendoza: In other words, the more valuable a house is, the more profit there is for the second mortgage holder, after all the other home loans have been paid off.
Ben Eisen: So what we’re seeing today really kind of comes from this place of there’s a lot of value in these homes so it’s now worth my while to go and try to use that old loan to squeeze some money out of it.
Jessica Mendoza: This experience left Harston feeling like the system is unfair. He tried to settle with IslandCap, but he also sued them. Harston argued that IslandCap hadn’t shown proof that it had the right to foreclose on his home, but his case hasn’t succeeded.
Harston Jones: My attorney made it clear the statutes don’t support us, but something needs to be updated. And that’s what I was hoping somebody would step in and say, “Okay, this is something that needs to change. It’s not fair to these people who didn’t realize this was going on, that their charged off loans were being sold again.” I just thought by principle, somebody would see this is clearly wrong. At one step or the other, I thought one jurisdiction or another would say, “Okay, we have to stop this. But nobody stepped up.”
Jessica Mendoza: In Washington, the Consumer Financial Protection Bureau has started looking into this issue of zombie mortgages and held a hearing about it in April. But for now, Ben says there isn’t usually much homeowners can do if investors threaten foreclosure.
Ben Eisen: And I think what’s so jarring for people is just to go from this place of, “I haven’t thought about this debt in 10 years,” to, “Oh wow, all of the financial gains that I’ve accrued since I thought that debt went away are now in jeopardy.” It really shows sort of the flip side of rising home values. We think of the housing market rising being mostly a good thing. You’re building generational wealth and such. If you have some sort of zombie or ghost in your closet or whatever it can kind of bring that out of the woodwork because all of a sudden you have something that is a lot more valuable than it was. And that’s really what we’re seeing here.
Jessica Mendoza: At this point, Harston has been fighting to keep his home for three years. And now he’s exhausted most of his options. He says he sometimes gets calls from property developers who want to buy his home. Selling would potentially give Harston a way out, by giving him the money to end his dispute with IslandCap. But-
Harston Jones: I just say, “I’m not interested.” I just say, “No, thank you.”
Jessica Mendoza: And so you wouldn’t consider selling your home to an investor, like that’s not-
Harston Jones: No.
Jessica Mendoza: -that’s not a path you’re-
Harston Jones: Not in my plans.
Jessica Mendoza: Harston says his last resort might be to declare personal bankruptcy. He still hopes to find a way to keep his home.
Harston Jones: I was told to contact a bankruptcy attorney. So I did pay a bankruptcy attorney. I went through the process. My attorney said, “Do you want to have that ready just in case?” Because he and the bankruptcy attorney both said, “We’re not going to let you lose your house, Harston.” So that gave me, once I got over the fact that I might have to file bankruptcy, it was easier to deal with. I have resolved the fact that if I have to, I have to. I’m a different person than I was three years ago. I’m not freaking out about anything. I’m not freaking out about if that’s my last option. I’m okay now. I’m okay. I’m not losing any sleep anymore because I know it’s like the kill switch. If I have to pull it, I will. And I’ll file bankruptcy.
Jessica Mendoza: That’s all for today, Friday, June 23rd. The Journal is a co-production of Gimlet and The Wall Street Journal. Additional reporting in today’s episode from Nicole Friedman. The show is made by Mahara Dhoni, Annie Baxter, Arianna Beau, Katherine Brewer, Maria Byrne, Pia Gadkari, Rachel Humphreys, Ryan Knutson, Matt Kwong, Kate Linebaugh, Annie Minoff, Laura Morris, Enrique Perez de la Rosa, Sarah Platt, Alan Rodriguez Espinoza, Heather Rogers, Jonathan Sanders, Pierce Singgih, Jeevika Verma, Lisa Wang, Catherine Whelan, and me, Jessica Mendoza. Our engineers are Griffin Tanner, Nathan Singhapok, and Peter Leonard. Our theme music is by So Wiley. Additional music this week from Peter Leonard, Bobby Lord, Nathan Singhapok, Griffin Tanner, and Blue Dot Sessions. Fact checking by Sophie Hurwitz.
Thanks for listening. See you on Monday.
Source: wsj.com