Even though a home is an 'investment' that is used (lived in), it is ultimately still an investment. By definition an investment is something that can gain or lose value. Unfortunately in this case the value has gone down, thus the fact that your home appraised for less than what you purchased it for.
The only way to 'recoup' down payment would be to sell the home for at least the price you paid for it. However, if the market is lower now, which from the appraised value it appears to be, you would have a difficult if not impossible time selling for $355,000. The only other option would be to stay in the home until (if) property values get back to a point where the home is worth at least the $355,000 that you paid for it. Unfortunately that could take a number of years, depending on the area of the country you are in, and the local area where the home is located.
I assume from your question you are asking if there is any recourse against your bankfor the downpayment money. You may have heard of short sales and wonder if that would apply in this case. A short sale however typically only applies when you actually owe more than what the home is worth. Additionally they are difficult to complete, and will adversely affect your credit report and score, even if it were possible in this case. A bank or lender will not accept a short sale and allow you to gain on the sale, ie - they would not accept a lower payoff on their loan and allow you to walk away from the closing table with anything, short sales are done on properties that are underwater. While this certainly isn't the answer you were looking for, place yourself on the other side of the table, if the property had increased in value would it be fair for the bank to demand some of the new additional equity because the investment had become positive? Unfortunately many didn't realize when buying a home that home prices don't always go up, and if they go down you could lose money buying a home.
Answer Submitted on Thu, Sep 10 2009
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