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Q. I have heard underwater homeowners who can still afford their loans have stopped making mortgage payments because of advice from their financial planners. Is this true?
A. True. This new class of borrowers is called strategic defaulters. They are believed to comprise 50% of all homeowners behind on their payments. The following is a simple scenario. Joe Smith is 55 years old. His 401k is dust and his social security check at 65 will be peanuts, his biggest investment in his life was the house he bought for $600,000 in 2005. That house is now worth $350,000. He has 25 more years of payments on a loan which may never equal the value of his home during his lifetime. His kids have left the nest and he and his wife no longer need 3500 square feet of housework.
Joe knows from every lawyer and legal network in town that he may be able to live in this house for two years without making a single payment before someone will come knocking at his door. Joe does the math, $3000 per month x 24 months = (OMG) $72,000!!! Joe has found his lost 401k.
Profiles of strategic defaulters are median to high income, 40-50 years old with college degrees. Their homes average value is $300,000-$400,000.They are making a financial decision which will impact their credit for years but makes sense on paper.
This does create an ethical dilemma with most borrowers but there is security in numbers, most are able to justify their actions (the bank screwed us, we didn’t know what we were signing, we were promised property values would increase forever, I don’t speak English). Agree or not this is the newest wave of foreclosures, the light at the end of the tunnel is dim.
Please email any real estate related questions to cyoung@saccityre.com.
Just walk away. It will take 10 to 15 years before the value of today’s priced home reaches what is owed in most cases.
I'm on the side of those who walk away -- your credit is probably already harmed if you're nearing foreclosure, and the banks were instrumental in creating not only the value bubble and its overpricing of real estate assets, but also in the bubble's burst, causing the plummeting of home asset valuations.
At the very least, walking away provides a good wad of spit in the eyes of the banks that engineered this economic dislocation...
Plus, there are some bargains in the rental market out there, that are probably nicer than the homes being walked away from....
Home ownership is way overrated....
To protect those who lost their house to foreclosure or walked away, a Bill was passed in April by the State to ban state taxes on forgiven mortgage debt like for closer till 2012 (SB 401 by Sen. Lois Wolk, D-Davis). The federal government has also banned the IRS from taxing forgiven mortgage debt through the end of 2012 which is foreclosure.
Currently the State is considering voting on a bill that would be and Anti-Deficiency Protection for former Homeowners who were foreclosed on. SB 1178 (Corbett) to extend anti-deficiency protections to homeowners who have refinanced “purchase money” loans and are now facing foreclosure. Most homeowners didn't know that when they refinanced they lost their legal protections, and now may be personally liable for the difference between the value of the foreclosed property and the amount owed to the lender.