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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

 

I am in the same position as eveyone else in this blog.   I am on the verg of the F word Forclosure.  I work as a sale person but am paid only on Commisions.  My husband has been out of work going on 1 1/2 years due to illness at first but then he gets better and the job he was at did not want him no more. So there he goes applying for Uniemployment and gets denied!....  So here we are already lving way past the next paycheck as it is and know in a house that we have not been able to pay for.  I am not a person to walk away  but I have tried to work with the BANK in my situtation and I had submitted over 7 shortsale offers that I thought atleast 2 were fool proof.  But they said NO  Turned down it flat....  What are we as good people supose to do with a house we no longer can afford do.  SO I knew I needed to do something so we moved out and rented a very tiny appartment with 2 beds and 1 bath for 6 of us.  I found what I thought would be the best idea was to rent my house out for what my monthly payments are to a lovely couple with kids.  BUT THAT has been a NIGHTMARE!!!  They only paid me 2 months rent  well actually 1 month and a securtiy deposit.   The company the guy was working for went under with no clue to as why...  SO here they were living in my house that was supose to be paid and nothing.  IDEA went bad!!!   So know I still get notices and calls from the bank and I talk to them to give me time to do something anything I dont want to really lose the house to foreclosure.   So what should I do?  Walk away? Or try again for a shortsale?  

My daughter has just bought a house a couple of months ago in her name but she got marrierd eight months ago. The man she married has lived off of her for about two years and how she is tired of spending all her savings and trying to keep up payments. Economically she can only hold out for a couple of months. Then she has no more money coming in even if she gets a job, she has almost finished getting an accounting degree just three more months to go she won't be able to make the payments by herself. He has a lot of bills he made previous to their marriage that she knew nothing about that he is going to go bankrupt on. She is filing for divorce but is she responsible for his debts, will they come after her for debts is she part of his bankruptcy? We live in a 50-50 state. I guess this guy has done this before. Is there anyway she can keep her house so her and her two sons won't loose it all?

How many points does a foreclosure drop your credit score?  If you are already multiple months behind on mortgages and other bills when does it make sense to live in the hose until the bank kicks you out and try to pay off your other debts.  

Single mom behind in mortgage, how owners taxes to the tune of approx 14K and about 20K in credit debt.

Hey, maybe lenders and borrowers should have thought of all this BEFORE they made bad loans and bid hundreds of thousands over the asking prices?

Are our collective memories so short that we can't remember how just three years ago these now-"distraught" homeowners and now-"undercapitalized" were so arrogant and in-your-face about how "safe" investment in real estate (and all its associated derivatives) was?

Now that there's a bit of turbulence on the flight to Nirvana they all want to jump out with parachutes paid for with MY tax dollars or the hit to MY savings through a devalued dollar.

I believe Burger King is hiring....for anybody who needs extra $$$ i believe you can get a job at Burger King making fries....many BK's are open 24 hours, so regardless of when you work your other job (if you have one) you can pick up extra hours there.  Hopefully this info helps people pay their bills.  NjV

I had a cousin who with his wife bought a home in Mission Viejo CA during the crazy lottery craze in the early 80s . After the prices cooled and then dropped they decided to walk away. No problem!  Soon afterward his father bought an expensive condo in Long Beach overlooking the Queen Mary for him to live in. He remarried eventually and still lives in the condo with his second wife. He could care less about a "bad" credit record.  It did break up the rfirst marriage and the first wife ended up losing her part of the down payment and having to move back in with her mother. But! For those with money in the family it truly doesn't matter if you walk away.

What ever happened to shame?  Used to be you would be terrified of something like foreclosure or bankruptcy to the point that you would do anything to keep it from happening.   Now it's just walk away.  Shame.  I bought my house as a single mother with three pre-teens.  Now the youngest is 24 and they all have homes of their own.  I'm in that same 1300 sq ft house and will probably be here the rest of my life.  I bought this place for 1 yr's salary and started at 8.75% for 30 years.  Re-fied and brought it down to 5% and took 8 years off the end of the mortgage.  Before the re-fi I had been laid off from my industry for 2 years and ended up working a part-time, minimum wage job for about 6 months before I got back to work in my profession.  Lesson:  When people tell you that you qualify for a $200,000 mortgate, go for half - max.  And really consider whether you 'need' 3,000 square feet.  Really, all I can think about when I see a house that big is how long it takes to clean it.

well you think thats bad yes i had to file for divorce also due to financial problems which led to forclosure... what i found funny is when they sent me the paper work the lawyers claimed they wanted relief for there client due to the fact the house was worth only 102,000 i owed 138,000 .... when i bought it appraised value was 146,000 that they accepted as accurate..... so i offered to refi @ 102,000 to avoid forclosure they refused wanting the full amount at a higher paymnet and all back fees included total 143,000 so i will discharge my bankrupcy later and take down the difference... talk about not helping @ all  

Do I think that the banks offered too much in the way of loans? Yes, BUT no one held a gun to your head to make you take the loan. As for the medical reasons, that is something that can't be avoided. I have medical problems (back) that will in my later years probably disable me. So I am saving (and paying for insurance that includes disability)  like crazy for the upcoming rainy days. My boyfriend and I are planning to marry next year after I get out of school and possibly buy a house the next year.  We are looking in the price range that is 150 dollars more than our rent. It isn't much more, but we are putting that amount (and sometimes more) in the bank every month. That way when we do buy a house we have a down payment and we know we can make the payment. (Not considering the fact that my income will go from a part time min. wage job to a 5 figure salary.)  My grandfather told me that doing that will only help and I think it will.  It's all about buying what you need and can afford.

The banks really are responsible for the manner in which they lend money and structure debt repayments.  Every market goes up and down.  A three year teaser rate predicated on a stable or rising market was a fools bet on the part of the banks.  Somebody knew this was coming.  Otherwise they would not have changed Federal bankruptcy laws to remove the exemptions on taking your house.  That law was changed while the banks were still in the heyday of sub-prime lending and adjustable rate mortgages that reset on a timetable.  This was done with malice aforethought.  You want to find out who??  Then follow the money and the instigators of that law change.  This is probably a thinly veiled property grab, or an attempt to destabilize the economy to gain some other advantage, such as buying up banks at a reduced rate.  I see big feet behind this mess.

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