
Should You Stop Paying Your Mortgage

Moral Failure or Strategic Decision
According to the Mortgage Bankers Association More than 40% of
borrowers are 60 or more days past due on payments. So many homes have
lost value and never recover. About one in four homeowners, or 10.7
million Americans, are considered underwater.
This is far from
over. The sub prime mess may be behind us, but the Alt A implosion is
now. More and more home owners will find themselves paying off homes
that will never recover.
A moral dilemma for many home owners is
what to do when you believe that you will never see your money back. If
you owe more than your home is worth, you have to struggle with some
uncomfortable options.
We have been raised to pay our debts and
never be a deadbeat. But what do you do when its clear that the best
financial decision may be to walk away from an investment that will
never recoup.
What Happens If You Take a Walk
Your
ability to borrow becomes severly constrained. You are a bad risk, but
not forever. Fannie Mae won't back another loan for five years for a
borrower involved in a foreclosure, except because of an extreme
circumstance like a medical event or unemployment. Missed mortgage
payments and defaults show up on your credit report and remain for
seven years
White, a University of Arizona law school professor,
said to the Washington Post, that in anti-deficiency states such as
Arizona and California, mortgage lenders have limited or no legal
rights to pursue defaulting homeowners assets beyond the house itself.
In fact its not that simple. Some mortgages that have been refinanced
may no longer be non recourse loans. Its a very complicated and should
not be taken lightly.
Homeowners who decide that having a
foreclosure on their credit report rather than continue to throw good
money after bad is not necessarily immoral. It may just be realistic.
In fact, a good business decision.
The lenders are also
responsible. Im not absolving bad decisions made by borrowers to take
on more excessive debt, but the poor decisions to lend as if real
estate could only go up is the other half of the equation. They also
made irresponsible business decisions and should play a bigger part in
the cost of the bust.
Its imperative that the Banks Step Up
The
FDIC acquires failed banks, some 124 just this year and may soon be
require failed banks to cut principal mortgage debt rather than
forbearing a portion until a later day or lowering interest rates.
FDIC
Chair Sheila Blair told Bloomberg news that the FDIC is considering a
loss-sharing for failed banks, requiring the banks to write down
mortgage principals because job loss is driving mortgage distress.
For
lenders, watching debtors walk away from their mortgages is harsh
lesson, but bankers partnered with the homeowner in the deal. If they
dont begin to take responsibility along with the borrower for bad
business decisions, they will simply be laying the groundwork for the
next bubble.
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