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Perhaps It’s Time To Re-think “Strategic Default”

By
Services for Real Estate Pros with TheHousingGuru.com

Taking a cue from struggling homeowners, Morgan Stanley, the giant Wall Street securities firm, is planning to transfer 5 properties it owns in San Francisco to its lender, Barclays Capital. The move, in effect a strategic default, will terminate the firm’s obligation on a loan of $2 billion.

 

Although Morgan Stanley paid $6.5 billion for the office buildings in 2007, property values have declined as much as 50%. And while the company is current on its debt and has the funds to maintain payments, the move represents a purely financial decision.

 

It seems that strategic default may be the wave of the future, and with this one and the potential for hundreds more commercial defaults during the coming year, the stigma for homeowners may no longer exist.

 

Read full article: Bloomberg

The Housing Guru: The one source for all your housing questions

John Mulkey
TheHousingGuru.com - Waleska, GA
Housing Guru

Lottie - Banks are very nervous that the procedure will become more acceptable; and now that one of their own has chosen the path, their fears may be justified.

Kate - I do think that Morgan Stanley's actions will legitimize the procedure for some consumers.

Dec 17, 2009 05:44 AM
Jon Budish
Resident Realty - Fort Collins, CO

If this trend becomes the norm with both residential and commercial, it could create real estate chaos.

Dec 17, 2009 05:56 AM
John Mulkey
TheHousingGuru.com - Waleska, GA
Housing Guru

Jon - It seemed most unusual coming from one of the Wall Street "big guys."

Dec 17, 2009 06:53 AM
Gene Wunderlich
1st Action Real Estate - Murrieta, CA
Realtor & Legislative Liaison

I posted on that 52 page paper by the AZ professor about this. Unfortunately if banks don't start getting more responsible in their dealings with loan mods and short sales, I fear we are in for a heavy round or people - including just plain folks, doing exactly this. Hope I'm wrong.

Dec 17, 2009 11:10 AM
John Mulkey
TheHousingGuru.com - Waleska, GA
Housing Guru

Gene - It seems that those in power--both business and political--are trying to ignore the problem.  As you know, it's not going away quietly.

Dec 17, 2009 01:19 PM
Esko Kiuru
Bethesda, MD

John,

Well, if businesses can do this, a strategic default, what prevents homeowners from doing it. Things may get mighty interesting next year.

Dec 17, 2009 02:57 PM
Steve, Joel & Steve A. Chain
Chain Real Estate Investments & Mortgage, Steve & Joel Chain - Cottonwood, CA

John,  I will not be surprised a bit to see lenders working harder, in 2010, to assist buyer's with underwater mortgages.

Dec 17, 2009 03:43 PM
Terry Chenier
Homelife Glenayre Realty - Mission, BC

John,

Well, isn't that just dandy? You can put lipstick on a pig...

Dec 17, 2009 04:27 PM
Brian Madigan
RE/MAX West Realty Inc., Brokerage (Toronto) - Toronto, ON
LL.B., Broker

John,

 

In Canada, we really don't have non-recourse loans either for individuals or corporations.

 

So, this strategy in large measure doesn't work.

 

Brian

Dec 17, 2009 10:54 PM
John Mulkey
TheHousingGuru.com - Waleska, GA
Housing Guru

Esko - A couple of billion dollars is a bit more than the average home owner's default.

Steve & Joel - After this, I suspect they'll change their attitude.

Terry - And a bit of rouge too!

Brian - I'm sure we can make up for yours here.

 

Dec 17, 2009 11:50 PM
Deena Cottingham
GreenApple Staging & Images, Calgary Staging & Photography - Calgary, AB
Home Stager & Photographer

Hmmmm . . . I'm sure you're right, but there's something that still doesn't "feel" quite right about that strategy.

Dec 19, 2009 05:59 AM
John Mulkey
TheHousingGuru.com - Waleska, GA
Housing Guru

Deena - Yes, lots of folks "don't feel right about strategic default, but I suspect the process will become both well known and acceptable as the new year progresses.

Dec 19, 2009 07:22 AM
Jim Frimmer
HomeSmart Realty West - San Diego, CA
Realtor & CDPE, Mission Valley specialist

One of four famous upscale hotels here, the W, went into foreclosure, but not because the owner couldn't afford it. The owner has something like 260 other properties throughout the world. Unfortunately, this one was purchased a couple of years ago and is now valued at just 50% of what it was bought for. It's hard to believe they were losing money on it to the extent that they were willing to just walk away.

Happy Holidays!

Dec 20, 2009 12:04 PM
John Mulkey
TheHousingGuru.com - Waleska, GA
Housing Guru

Jim - I think we're going to see more commercial defaults as the new year unfolds.

Merry Christmas!

Dec 20, 2009 01:25 PM
Al & Peggy Cunningham, Brokers
RE/MAX West Realty Inc., Brokerage - Brampton, ON
Our Family Wants To Help Your Family!

John moves like this make us nervous.  You wonder what message this is sending out!

Dec 21, 2009 08:46 AM
John Mulkey
TheHousingGuru.com - Waleska, GA
Housing Guru

Al & Peggy - The message I think being sent is: It's okay for homeowners to consider strategic default. After all, the banks are doing it to each other.

But don't spend too much time thinking about such issues. You're on vacation.  You'll have plenty of time to worry once you return home :  )

Dec 21, 2009 10:01 AM
Jim Hale
ACTIONAGENTS.NET - Eugene, OR
Eugene Oregon's Best Home Search Website

We need to not buy into the Bank's newspeak for describing their customers in a negative light for doing what the banks themselves are only too good at doing.

The "strategy" of most homebuyers is to buy the American dream...at a price supported by the American economy.  Then when the bankers screw up that economy (with policy "help" from Washington beforehand and monetary help from the same place afterward) those buyers review their situation...strategically.

When the bankers realize they've screwed up the economy, they ask Washington for money, they up the rates on credit card holders by the millions (including those have not paid late), they lobby their Dodd's in Congress to NOT pass or delay a law preventing those increases and they lobby the FED to allow interest rates to increase this spring so that their ARMs that are due to reset this summer in huge numbers can screw even more homeowners.

Homeowners thinking strategically?  When you are dealing with thugs and thieves, a little strategic thinking is a good idea.

Jan 10, 2010 05:32 AM
John Mulkey
TheHousingGuru.com - Waleska, GA
Housing Guru

Jim - Homeowners certainly need to look out for their own interests; no one else is. And the banks have no concern for their customer's problems.

Jan 10, 2010 06:10 AM
Tony and Suzanne Marriott, Associate Brokers
Serving the Greater Phoenix and Scottsdale Metropolitan Area - Scottsdale, AZ
Coldwell Banker Realty

Strategic Default is an acronym for cowardice.  If one is an ostrich - then stick your head in the sand.  If you are a responsible individual - do a Short Sale - unless your legal and tax advisors tell you to do otherwise.

Jul 09, 2010 06:57 AM
John Mulkey
TheHousingGuru.com - Waleska, GA
Housing Guru

Tony - A short sale isn't always possible; and each case is different.  I can't judge the actions of another, especially when I don't have all the facts.

Jul 09, 2010 07:11 AM