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When is it OK to walk away from your home?

Posted Feb 19 2008, 05:33 PM by Karen Datko
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It's a sign of the times that Web sites have sprouted up telling people how to walk away from homes they can no longer afford or -- in some cases -- are no longer willing to pay for. 

While some sites trumpet offers to buy homes from stressed-out owners, another one sells a foreclosure kit. California-based YouWalkAway.com says its kit will enable you to stay in your home "for up to eight months or more without having to pay anything to your lender!" It also says: "With our money-back guarantee, you get it all for only $995."

The list of services provided is stuff you can do on your own if you're so inclined. And the steps won't eliminate the damage foreclosure does to your credit score. Writes blogger Sam Glover at Caveat Emptor, "Foreclosure ain't pretty, folks, no matter what this Web site would like you to think."

All of this raises questions in our mind: In the wake of the mortgage crisis, is foreclosure becoming a more acceptable option? Should it?

Bloggers observe that some people choosing foreclosure can actually afford their mortgage payments but don't want to keep paying on a house that has lost value. These people are "upside down" -- they owe more on their homes than the houses are worth. CalculatedRisk writes that "one of the greatest fears for lenders (and investors in mortgage-backed securities) is that it will become socially acceptable for upside-down middle-class Americans to walk away from their homes."

Blogger Mike "Mish" Shedlock, of Mish's Global Economic Trend Analysis, argues that people shouldn't feel bad about backing out of the contract. He writes, "If banks can make 'business decisions' to ignore risks, to lend money with no down payment, and fire people at the first sign of trouble without any remorse, why shouldn't consumers be able to do the same?" (Another blogger, Dad Talk, even suggests that the mortgage crisis would end quicker if more people decided to walk away.)

RacerX at Life, Liberty and the Pursuit of Money disagrees. He writes: "For us it is worth the effort and harm to our budget to try and pay our debts. No matter to whom."

While, according to one expert, foreclosure does less damage to your credit score than a bankruptcy or multiple missed credit card payments, numerous bloggers note that struggling homeowners have other options, like a short sale or reduced payments.

Dan Caplinger of The Motley Fool writes that banks want to avoid foreclosure, which gives homeowners some power at the bargaining table. "For most borrowers, the better course of action is to try to negotiate more favorable loan terms with your lender," he says.

Writes Argonautica at Save Invest Retire: Foreclosure "is not a decision to take lightly. If you are in trouble and thinking about doing this, make sure you thoroughly think through the ramifications and consult a professional to figure out the pros and cons you probably didn't think of on your own."

Comments

 

My husband and I are divorcing.  It took 4 of our incomes to keep the roof over our heads (yes, we bought way too much house.  Ok, We're stupid.  Fine.  We have learned.  Yes we both worked 2 jobs each to pay for this.  Yes, this did contribute to our divorce.  Water under the bridge.  Moving on now...).  Due to the divorce and the inability to sell a $500k home in this market, we made the gut wrenching decision to walk away.  After missing two payments, a knight in shining armor rode into the picture and offered to buy the place for $475k.  Did the 1st mortgage work with us to waive the prepayment penaly?  NO.  Did the second try to work with us on accepting the short sale?  NO.  We are about to lose the sale due to the stupidity/stubborness of both companies and their determination to squeeze blood out of a turnip (that's us).  If this buyer backs out, the lenders will lose $500k rather than $20k on a short sale.  We can't pay it and there are no other buyers on the horizon.  What do we do?  Neither of us can afford to live there alone - the divorce makes us really bad roommates.  Suggestions?  I think we have covered our bases as well as we can.

Stupidity has a price. That goes for the banks as well as you. Walk away.

See if they can get more or less from the sale of a house they loaned too much on in the first place.

Karen Thanks for including my Blog again!

I believe that two wrongs don't make a (or it) right. How would it be if there was a reverse-clause that said, "If the home appreciates at over 15% the bank can charge you for that amount since we under-appraised the home."

The problem is that we all pay when others walk away. The ones that walk away have their credit whacked for a lot longer than they think. For the one that stays and pays? Too much inventory at very low prices on the market driving down all of the values.

Thanks again! Visit anytime!

I'm an attorney who represents banks in foreclosure actions in Arkansas.  What no one seems to acknowledge in the article or the comments is the possibility of a deficiency judgment entered against the homeowners who "walk away."  That is, in a judicial foreclosure, if the bank or a third party buys the home at less than what is owed (total - first, second and third mortgages included), then any lienholder that is not paid in full buy the sale may apply for and receive a deficiency judgment for the difference.  In the example provided by Wiseone46, the bank will not "lose $500,000" but instead might sell it at public sale for $350,000 and get a judgment against Wiseone46 and her soon to be ex-husband for $150,000, plus additional interest, attorneys fees and costs (maybe $30,000 more).  The judgment will frustrate the ability to purchase a new home, even if it is less expensive.  The bank might use collection tactics such as garnishment of bank accounts or wages.  The bank can most likely collect the judgment against either one of the debtors, or both. (Statutory, or "non-judicial" foreclosures may require the bank to take additional steps in order to obtain the deficiency judgment, or some states may not allow a deficiency judgment after a non-judicial foreclosure).

My advice to Wiseone46 would be to seek bankruptcy advice and counsel immediately to see if she qualifies.  The bankruptcy court could approve the sale to the buyer for the $475,000 and the remaining deficiency would be discharged.  The banks would not have any good argument against it.  The divorce might need to be postponed if you want to make the bankruptcy less complicated.

I think the advice to "walk away" is bad advice.  The risk of what might be a small deficiency mushrooming into a much larger problem down the road is one that only someone with an eye towards bankruptcy should consider taking.

My husband is going to retire in 3 years or less. I'm on disability. The house is too big, and we have lots of land. I want to sell and move on. But we have credit card debt. We got a company 5 years ago, couldn't make the payments past 1 1/2 yrs. kept decreasing them and now I can't send $50 a month because we are trying to keep up the mortagage payments.  I company took less, one discharged our total owed. But we have others who keep presuing us, and 2 have civil law suits. Our company keeps trying for us, but we aren't giving them any money.  Someone told me I will never sell my house, those credit cards will get all the money after the bank mortgage is paid. So I just keep paying the mortgage, taxes, ins. etc. We we ever be able to sell and move? No bankruptcy we have retirement funds so we can have some money when he retires to keep up this huge house. Any suggestions?

What about us that were led to believe the house we are living in would sell within 3 months...we purchased another property that better suited our needs and now have two payments and are borrowing against life insurance to keep the bank from forclosing.  (2 payments for 2.5 years)  The original lender sold our contract on the home we have been in for 12 years to Citicorp and they are eager to get the home due to the value vs. amount yet owed.  They refused to accept any payments except payment in full when we got two months behind.  They disallowed any interest only or any option to help us out.  They even pushed us to sign the property over to them.  I refused and borrowed against my insurance to save having to give it to them.

With all the forclosure deals on the market, I don't know how much longer we can hang on.  We have lowered the selling price by $40,000 already and no takers.

I wonder why, in certain circumstances, banks can't forgive the part of a mortgage over a houses' current value, in order to help people stay committed to the house. For instance, if a $500,000 house is now worth $435,000, and the owners are struggling and want to walk away, the mortgage company might redo the mortgage so they are now paying on a $435,000 house - lower payments for owners and a loss of only $65,000 for the company instead of potentially much more in fees, expenses, and another house sitting empty.

If you really want to get the bank....go bankrupt after the foreclosure.  In fact, for some go bankrupt before you foreclose.  Regardless of the hype surrounding bankruptcy laws, it is easy to do even if it costs a couple thousand dollars.  And file chapter 7 not 13.  Wait 7-10 years and realize living frugally has its advantages.  Then buy a modest home well within your budget and realize the 1400 square feet you just bought was twice the size of your apartment.  I made the mistake of buying too much house many years ago and I will never do it again.

What is deed in lieu of foreclosure.  I read about this recently.  My son has not been able to pay his mortgage payment for about 9 months now due to loss of job (company went bust), they also owed him back pay which never came.  He owes about $3800 back payments, he offered the lender approx. $2600 a couple months ago, (borrowed from a relative - whom he now owes), but the lender said NO...unless he could pay the whole amount, they wouldn't take anything....this sounds incredibly stupid on their part.  He's in a part of the country in a very nice neighborhood that has many, many houses up for sale.  He's lowered the price as far as he can....house has been on the market more than a year and only 1 looker, no bids....any suggestions??  

Thanks.

We lived in a state that had the value of our home at over $560,000 and the property taxes were $7500 for the last year we were there.  We were lucky and sold the home for $400,000.  That's a 30% drop.  What I really like about it is the taxable value dropped so the taxes will drop.  Banks and tax boards are not living in the real world, they have their collective heads in the sand.

You would think the banks would rather have someone living in the homes, even with a lot lower payments, than let the homes sit empty.  Empty homes deteriorate rapidly and are subject to vandalism.  AND the banks are subject to the taxes.  Maybe some banker will read these comments and realize the homes are better occupied than empty.  We are good people caught in unpleasant circumstances ..... give us a break.

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