Search Smart Spending:

When is it OK to walk away from your home?

Posted Feb 19 2008, 05:33 PM by Karen Datko
Rating:

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

 

I just recently had to file bankruptcy,it was not something I wanted to do,but rather had to do. Icould not afford my payment after my (a.r.m.) went up,then I tried to refinance no one could help me.I live in Ky. and I'm glad I listened to my lawyer this is the first time I got good advise

Maybe it's just me, but I don't realize how everyone thinks that it's the mortgage company's fault if they can't afford the payments on a house. As w/a.r.m loans, did you not read & research before you signed? If you bought a house that was worth $500k and financed all $500k, the house depreciates, why should a mortgage compnay lower what you borrowed in the first place? I'm 22 years old. My husband is 22 years old. We've been married almost 2 years. We bought a new 1400 sqft house on a FIXED mortgage. If we were smart enough to do this, anyone can. NO we don't have the new truck and boat my husband really wants, but we pay all of our bills on time. I don't think it's anyone's responsibility to fix a situation you put yourself in. If you can't pay your mortgage, don't blame it on them. Maybe you should take a hard look at your finances.

THE HOUSE MARKET BOOM WAS JUST THAT A BOOM. Everyone was trying to make money...until there was no money to make. Everyone had a part in the house mess. Realtors pumped up the demand and multi offers. Banks supplied loans to people who were not qualified. Builders just kept building  instead of looking at the supply and demand. The housing market was artifical by all parties. No one was innocent. Not even the people who took advantage of refinancing. Look at who make money....realtors, the state in taxes for transfers and whatever they came up with, Banks on the points and closing cost. Investors who flipped houses. Everone was greedy and now everyone is paying no matter what decision is made to walk away or stay.

Geez...lots of crying going on hear.  I was telling soooooo many people that this exact thing was going to happen about 4 years ago...I called it a bit early in the San Diego area (b/c the "market" ran about 2 yrs longer than i thought it would), but it was obvious it was going to happen.  There is a reason why there are owners, and renters in this world.  Seems like people want to have the U.S. be a communist society where people do not have to think for themselves.

FYI- I own my condo in SD, and i bought a few rentals a few years back (in Austin b/c cash flow was better)....and i have never missed, and will never miss a payment.

I am in the middle of filing bankrupt on my home, and some credit cards. I tried a number if times to work with the mortgage company on options to help me out while I was on a medical leave from work. Everything I suggested the said no to. I fell 2 months behind and they kept wanting the payment in full each time I paid, so by the next month, I couldn't pay the mortgage again because I had to pay all the other bills I left to catch up. This happened for a year, then finally, I gave up and filed for bankrupty. NOW can you believe that the mortgage company is trying to offer me the very things they said no to in the begining! I was livid! I am just going to go through with this bankruptcy and walk away from all the headaches that came along with that home. I figure I am young enough that I will be able to bounce back in a few years and re-establih myself again. Hopefully!

i agree completly with achance. im 24 and my husband 27 we have 2 girls age 3 and 1. we purchased out home in Houston TX 1 year ago on a fixed mortgage. i dont know why people did not have the common sense to buy something that they could pay for... its not that hard to see how much money you make and how much of a house you can afford. and if your in over your head dont go out a buy a new truck like many people do just because your credit is good to finance it.....

Are you people kiddin me? You are all crying poverty, yet when you bought the house, for some you were looking for a quick buck. I have been doing mortgages for two years now and have never not explained to my clients what they are getting themselves into. Us as a society needs to grow up and stop blaming others for their mistakes. You took out the debt, you pay for it.

Quite bluntly, Bradley Olson, you were foolish to believe anyone could guarantee a sale timeframe for a house, so you've earned your current situation fair and square, and are going to most likely pay the Darwinian financial price.

Markets turn on a dime, and sneer at a nickel.  I, too, lost my house, due to long-term unemployment several years ago, compounded by major medical/health problems, and couldn't get out from under without going all the way to chapter 7 bankruptcy, and I honestly tried to sell it, but there were too many other homes in foreclosure in the neighborhood, even a couple within a few houses of me.  All this, with a fixed APR loan, less house than I could readily afford (when I was employed, but the type of job I was working disappeared from that area) and I bent over backwards to try to work things out with the bank (Chase Mortgage, lousy inflexible jerks who ended up losing more money as a result: well, that's just business, I guess) and now my credit is quite messed up, but not due to knowingly walking into a stupid assumption and not trying to keep things paid.

Those that decide they are upside down, and just don't like it, but otherwise can afford it: you twits!  You think you're upside down now, when you can actually make the payments, well, what about when life throws you a curve ball and you *really* need the credit, but can't get it?  What about that next house/condo?  Yeah, you're definitely (if not already) prime candidates for sub-prime mortgages, so you'll be even more upside down the next time!  Think before you commit that big black mark action!  As far as I'm concerned, if you've not exhausted all your options to make things work, you're dishonorable, and don't deserve the protection that bankruptcy filing can confer on someone in its merciful act (which it seems the big creditors have made much harder to achieve these days, leading them to probably lose even more as a result: serves them right, because for those that really need it and did their best to make things work, it also ends up with those that don't worry about that being even more likely to let things lapse and say "screw you, I'm simply walking away!" because they can't gain as much) that in reality ends up being as merciful to creditors as well as debtors in the long run, when used appropriately.

How about this: Husband & wife with fixed 6% mortgage on modest dream home purchased in 2002. Unforeseen serious medical condition has resulted in the loss of 60% of employment income. Rapidly rising revolving debt due to medical expenses. Short term disability exhausted. Soc Sec disability recently approved-will help but no way to make ends meet. Help?

It is just too simplistic to think that the "Banks" will allow mass walk aways on the mortgage commitments made by the "stupid" and greedy borrowers out there.

If a home is owner occupied and the income stream is intact the banks will not allow the owners to just walk away. They will make it impossible to escape with any asset thatthey can attach, or at best, secondary collection agencies will buy the debt and follow the debt or wherever you go. You will not just be able to move to another house and build any equity at ta later time.

It's time to pay the piper. If we allow this crisis to get worse by clamoring for additional bailouts from Uncle Sam there will be negative worldwide ramifications as the Fed reduces domestic lending rates to alleviate foreclosures and then tries to compete against the europeans and asian lending markets when they raise their interest rates to fend off inflation. This isn't a prediction, it is already happening, and that is the perfect storm scenerio that ends up in a recession or worse a depression. Then nobody will buy anything in fear of loosing their jobs.

It is time to pay up Amaerica, you thought it was a free ride to Jonesville and now that the bet has been called nobody wants to pay up.

Too bad, it was a good run.

Send a Comment

Comments must be directly related to the blog entry. Comments with offensive language will be deleted. Your e-mail address won't be displayed.

(please, no HTML tags. Web addresses will be hyperlinked):