I blogged on this subject many months ago. Recently the debate has popped up again.  

A recent study determined that homeowers are willing to walkaway after their homes start to decline by more than 10%.  

http://news.prnewswire.com/ViewContent.aspx?ACCT=109&STORY=/www/story/06-26-2009/0005051034&EDATE=

 

There is a debate here on activerain about whether this is a moral issue or not. 

1.  By giving credit to anyone with a pulse the banks allowed to demand to outpace supply. Prices went up. 

(The fed created the bubble by allowing credit to loosening during a bubble.  The fed is owned by regional member banks.  Those banks are owned by shareholders.  Banks like JP Morgan Chase own those shares.) Therefore the banks created a bubble and then they created the contraction by tightening lending standards.  

By controlling credit, the banks allowed prices to rise, and then by tightening credit the banks forced prices to fall.  

It can be argued the banks as a group do not deserve the benefit of their bargain.  

Real homowers who have lost their equity seem to have entered into the arrangement in good faith.

I can not say the same for many if not most lending institutions.  

 

2.  The banks were in league in with the builders.  The builders took large blocks of relatively worthless land and built new overpriced, over upgraded homes on formerly almost worthless lots.  Because homes look good people wanted them.  By forming joint ventures with the lenders the banks found ways to have under qualified buyers overpay for properties.  When those buyers could not flip for a profit they stopped paying. Leaving their neighbors hundreds of thousands in the hole.  The lenders sold and the banks lent on over developed homes.  This should be the real function of an appraiser.  They should stop over payment for over developed properties.  Oh wait the lenders were rigging those as well.

3.  The banks did not just accept an borrowers promises to pay.  In california they secured that promise to pay with real property.  In doing so they entered into a statutory framework which in my opinion replaces doing the right thing with following the law.  

For instance with CCP 580b California decided that the risk of a property being over priced should be placeed on the sellers and the lenders -- not the purchasing homeowner.  If a person defaults and the bank forecloses on a residence with purchase money loans, the bank gets the property back as full settlement.  see CCP 580b for full details.  Therefore, the borrower pays off the entire loan after a foreclosure in this situation.

The bank was the short term profit making  "fool" who took the risk by not requesting 20% down. The lenders irresponsible actions (and short term profits) have virtually bankrupted america.  

While I think every situation is different, in many cases I see walking away from the property as the right thing to do.  Especially for those who can not afford the tax consequences of a short sale.  

for more on walk away

for more on short sales 

 

 

 

 

 

 

 

 
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4 Comments on Is it right to walk away from your Mortgage - The law says yes in CA

JUL
09
383,783 Points 2 Featured Posts Localism Sponsor Outside Blog

Walking away and it's consequences do not just effect the bank and the borrower they effect the neighbors and their investments too. If you want to invest buy stock then only you take the hit. Walking away that does not involve hardship should have large consequences including hefty down payments by the borrower next time. Of course with 20 percent down, that is hefty, the point in your post is well taken

1:15pm • #1
JUL
10
120,989 Points 4 Featured Posts

Unfortunately in walking away the banks still win, they have an asset to sell at some point.  Teh homeowner walking away gets nothing.  The system is broken, but I do believe that it can be a good financial decision to walk away. 

12:24am • #2
1 Featured Post

What Would Edith Macefield Do?

I came across this old New York Times article, from last December:

A Holdout Against Developers Leaves a Legacy

Photo: New York Times

 

The article tells the story of this little old lady, Edith Macefield, who was 86 when she died last June. When developers wanted to buy her home and property to develop it into an LA Fitness and Trader Joe’s, she said “No.” They offered her $1 million for the tiny, 108-year-old house. She still said “No.”

Some people suggest that she was making a statement -- the last bastion against steel-and-concrete development in the old fishing village of Ballard, near Seattle. Others say she just wanted to live in her house. Either way, what a contrast she is to those who bought high in 2005 and are now paying mortgages on homes worth 20, 30, 40 or 50% less than what they paid and say, “Walking away sure sounds enticing.”

Financially, maybe walking away makes sense. I don’t really know; that’s not my area of expertise. I do know it’ll take a huge bite out of your credit score -- making it very hard if not impossible to get credit at a good rate for at least seven years.

Certainly there are families who have been hit by a job loss or a medical emergency, who simply can’t afford to pay once-affordable mortgages. There are families who simply messed up -- who went willingly into mortgages they couldn’t really afford. There are families who were duped by unscrupulous lenders into teaser mortgages they can no longer afford. Sometimes, in other words, you simply can’t afford your home anymore. In that case, I guess, you have to let it go.

But what about circumstances where a family really can afford the mortgage but hates paying for an asset that has lost so much of its value? A family who bought at the peak with no money down in an area where price declines have been really steep might be paying double what they would pay to rent the same house. Does it make sense to walk away then?

Maybe we should ask, “What would Edith Macefield do?”

 

Bob Stahl

MyPhoenixMLSBlog.com

 

10:42pm • #3
OCT
21

 

Please remove my copyrighted images (see below) of the Edith Macefield house from your website:
http://activerain.com/blogsview/1146448/is-it-right-to-walk-away-from-your-mortgage-the-law-says-yes-in-ca
If the image is not removed immediately I will bill standard usage rates of $500 a month plus copyright infringement penalties. Thanks, Stuart Isett stuart@isett.com

Stuart Isett
6:12pm • #4

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