The morality of not honoring a contract can spark a heated debate. But the negative economic consequences for the homeowner and mortgage holder who decides to “walk away” from their house and mortgage obligation can be substantial, regardless of how a business or investment manager would behave regarding their financial contractual commitments.
According to the First American Loan Performance Index, U.S. home prices doubled on average between 2000 and 2006, and have since fallen about 30%. Zillow.com reports that approximately 20% of homeowners with mortgages are now “under water,” meaning the home is worth less than the mortgage balance. But the decision to “walk away” from the mortgage and give up the home cannot be made based on a pure business calculation.
Paying on debt that is higher than a home’s value might not make business sense, but a business doesn’t have to worry about the same consequences that people do. If a homeowner decides to “strategically default” meaning not pay even if he or she can pay, there are very negative consequences which could be greater than the cost of continuing to pay a higher mortgage on a devalued house.
The following are three very negative personal financial consequences of defaulting on your mortgage and giving up your home to the mortgage lender:
1. Foreclosure or “deed in lieu” where you allow the lender to take possession of your home, has a severe impact on your credit score. You are not paying back what you owe. In an article by Elizabeth Weintraub, About.comGuide 2009, she interviewed David Steep, manager at Vitek Mortgage in California, who stated that if a homeowner is having difficulty paying on a mortgage and elects to “walk away,” the drop in that person’s FICO score could be 200-300 points. The average FICO score these days is mid to high 600’s, so that is a devastating drop.
2. Each state has different laws concerning deficiency balances if a homeowner stops paying their mortgage and gives the house keys to the lender . When the lender sells the home in an auction or to another party and the amount received is lower than the mortgage owed, the difference is called a deficiency balance. In some states the bank or lender can go back to the homeowner/mortgage holder and demand payment of the difference. Some states have anti-deficiency laws that protect the mortgage holder from having to pay that difference, but it may only cover the “purchase money” mortgage or the mortgage that was taken out when the residential home was first bought – the first mortgage. However, if a person bought a house with a “piggy-back mortgage”, meaning 80% of the purchase was paid with a first mortgage and the remaining 20% was funded with a second mortgage or home equity loan, then the homeowner could be liable for the money owed on the “hard money” second mortgage or home loan. Even worse, in some states the lender can get a judgement and place a lien on a person’s other assets if the deficiency balance isn’t paid.
3. When you give back your home to the lender, that notation stays on your credit report for up to seven years. It will be extremely difficult to buy another home within two years of foreclosing and sometimes the waiting period can be up to six years, depending upon your credit status prior to foreclosing. This will also affect your ability to rent an apartment, get a job, qualify for another loan, obtain low-cost insurance and utility rates. After a year or two you may be able to get a loan but your interest rates will be higher because of your poor credit history. These days your life is closely tied to your credit report and score.
So, it is imperative that you contact a real estate attorney and understand the laws of your state, before making the decision to walk away from your house and mortgage. You can visit www.lawhelp.org for general information on mortgages and to locate an attorney, and www.ForeclosureLawFirms.com for state anti-deficiency law information. The financial merits of staying in your residence and paying your mortgage versus giving it up cannot be viewed through the same eyes as a portfolio manager. Besides, you have to live somewhere. Having good financial health is important in many aspects of daily living, and market values aren’t static, they go down and up. As an alternative, you may want to consider doing a short sale or loan modification. Go to www.fanniemae.com to find out the current guidelines, consult with a reputable realtor, and if you need help locate a nonprofit housing counseling agency to act as a mediator at www.nfcc.org .