One of my favorite real estate writers posed a similar query in the Wall Street Journal’s excellent real estate blog – Developments.

James Hagerty posed the question: “Will the bank take my iPhone?”
Which is sobering – I have an iPhone. You can’t have it. You can’t take it. It’s addictive and it’s mine . . . and I have a hard time imagining it being surrendered to a creditor.
Which made me do some thinking.
And then some investigation.
Since I deal with many homeowners today who owe the bank MORE than the market value – what can happen to their iPhones?
And their cars?
And their retirement savings?
And their other assets and possessions?
5 or so years ago this was a pointless, absurd question.
It just did not happen in Perrysburg.
Today – it’s a vital, important, timely question.
According to the Fed (specifically the Federal Reserve Bank of Richmond VA) in their monolithic report “Recourse and Residential Mortgage Default: Theory and Evidence form U.S. States) Ohio is considered a “recourse” state.
That means that lenders may have MORE remedies against a defaulting homeowner than just taking the house back in a foreclosure.
(N.B. – for this entire post, please remember that I am not an attorney and you should and are highly recommended to hire your own attorney to answer your questions! You need a good, honest attorney . . . call me, and I will recommend one to you)
If I am a defaulting homeowner, I do not like “recourse”.
What is interesting about the lenders right of recourse in our state is that only in Ohio and Iowa does the lender have a very short period to seek recourse – and in Ohio, and thus Perrysburg, it is only for 2 years after the foreclosure.
Y0u can download their 50+ page paper yourself and read the gory details. The financial equations on page 10 caused me to have a regression attack and revisit my finance classes at Duke University. I was so shook up by this I had to go out and sell 5 houses today – but that’s another story . . .

2 years.
That is the time frame for recourse that your bank has to get more coins from you.
Lose your house to the bank . . . and they get an automatic deficiency judgment against you.
But they only have 2 years to collect it.
And many banks are taking 12 months to return phone calls right now – so what are the odds they will get your iPhone?
This recourse is usually obviated when a short sale is negotiated – which reinforces my belief that 2010 and 2011 will be the year of the Short Sale in and around Perrysburg.
Because then you will get to keep your iPhone.