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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

 

Hi,

I haven't heard anything about mortgagae insurance. What is the role it plays, if and when a foreclosure happens.

Will a deficet judgement come into play? I was under the impression the insurance takes care of that issue. Additional monies are socked to you without a choice and usually to a good monthly tune.

info pls.

Thanks

I can't laugh loud enough when I hear someone crying over a bad deal they made.

These same monkeys would  try to return a tankful of gas that yesterday they paid more than the price is today. They'll blame the convenience store for not refunding the difference and blame their credit card company for issuing the card they bought it with.

"The other thing people don't seem to be aware of is Federal Tax consequences. In a short-sale, the amount between the mortgage balance and what the mortgage company receives is considered "forgivness-of-debt", and must be reported as "income" on the individuals income taxes."....this is generally the case, but i believe the federal government passes a law that for like two years this would not be the case (you would need to look up the exact dates).  It's just another way that I'm paying for somebody else to live in a house they can't afford....gotta love the comunist/non-free market USA.  NjV.

Interesting insight,

I wonder if the market had continued up at a 30-40% clip if we would be blaming the mortgage brokers or realtors for that or if we would be patting ourselves on the back?

It does sadden me to hear the stories behind foreclosure.  What saddens me even more is the lack of accountability for some.(those without medical problems)

I hope you can all work it out.  Remember the first step is denial.

Good luck,

frugalmaster is 100% right listen to him been there done that! It works.

All these people (achance,my0406babys) who say people should have went to a fixed rate and should have known what they were getting into should have a husband who was diagnosed with multiple brain tumors and whose wife had lost her job also should have known ahead of time. What the heck is the matter with you?  These health issues arose almost overnight without warning. We had to go out of network because no one would work with our ins co (by the way  NJ plus was my ins co at the time) I hope nothing like this ever happens to you or one of your family members. Then you might understand.

Divorce, made too easy. My ex-wife of two weeks ago, hired a 37 year veteran divorce attorney in an effort to bankrupt me. We collectively owned 3 homes, 1 small horse ranch, 1 twelve acre recreational property paid in full, and a home with a value of 198,00.00 which was up for sale. She subsequently moved into that home and left the horse ranch empty for me "nice of her" In a 50/50 state the attorney jumped from 1 judge to a more favorable friend on the court and deemed she should get the house she's in and the  12 acres free and clear and I should get a wage attatchment which leaves me $100.00 under my 2nd mortgage not to mention any utilities or truck payments. As Jerry Reed says she hired the gold mine to give me the shaft. I've considered chapter 13 bankruptcy and kept in contact with my creditors in an attempt to pay the depts she took took with her/ assets according to the court I get the opportunity to pay. Welcome to Missouri 20 Acres in 3 different counties down to none. P.S. She works for a forecloser lawfirm as office manager. I'm thinking walkaway is only option.

Watch out people, we are starting to sound like we live in a society without values and responsibilities.  Yes, banks are not always making "smart" decisions when it comes to taking someone out from underneath a bad mortgage scenario but watch out for those who decide to throw in the towel because it is getting a little tough.  Most people did not have their arm twisted to buy bigger and better.  As responsible adults, we should deal with the consequences.  I have a "tough" job/income issue going on but we are doing without until the tide changes.  More poeple need to do the same.

Not to be rude to those who are in a bind due to unexpected medical issues or job loss, but I really don't understand why people bought houses with ARMs between 2001 & 2005 - I bought two houses during that time, both of them on fixed, 30-year FHA mortgages with 3% down.  The first one had an interest rate of 7.25% (5-year ARMs at the time were about 6.75% - that was the "best deal" according to the bank, but I couldn't see where the uncertainty was worth just  .50% less on the interest rate).  The second house I got at a fixed rate of 6% and 5-year ARMs (again touted as the "best deal" by my bank) were running at 5.75%.

RULE NUMBER ONE of house buying:  NEVER get an adjustable rate loan when RATES ARE LOW.  Adjustable rate loans do the xonsumer the most good when rates are currently high but expected to drop 3 to 5 years down the road.  Then, when the rate does drop (preferably at least 2% less than the ARM rate), REFINANCE to a fixed-rate.

I read all these comments, and everyone put themselves in these situations they are in.  Everyone wants a big house...THEY CAN"T AFFORD! I sold my house when the market was good. Paid off all my debt, and bought 2-homes at low prices, with no mortgages. Now I sit around debt free. I am waiting to buy the house on foreclosure that everyone is walking away from.

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