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Strategic Default: Hard times means tough decisions - Not an easy way out

By
Real Estate Broker/Owner with Cardinal Realty ~ 319-400-0268

Why is it that the majority of posts written about strategic default assume that the people who make this decision just decide one day to walk away from their home?Strategic Default - A tough decision Do you think these folks don't think long and hard about what they are doing? Do you suppose they just make this decision at a whim, because they read it somewhere that it's possible and they're looking for an easy way out? I don't think so... I think they have their reasons...

A contract is a contract is one of the arguments I read. Well, contracts get broken all the time.
Many years ago I entered the contract of marriage. I broke that contract with my divorce when my boys were 11 and 9 years old. Did I think long and hard about it? Yes, I was conflicted about the impact it would have on my sons. I had many sleepless nights and beat myself up about it for a long time after that. I was disappointed in myself for breaking the contract, but I did it anyway. My sons survived. They knew it wasn't something I took lightly. My core values didn't change. I still raised them right and made sure the bond to their father stayed intact. They know contracts are not made to be broken, but they know sometimes it happens anyway. It's just not something you do lightly.

For some reason it seems that the ability to pay a mortgage means you should be paying it and that hardship is the only reason for walking away.
So let's look at that word hardship. What does that mean exactly? Isn't it a hardship to continue paying for something that is bound to land you in financial ruin? How about the stress of watching everything you've worked for go down the tubes? I just don't think it's as easy as pay and stay or don't pay and go. There's more to it than that. These are people faced with tough decisions. Walking away is not the easy way out. It's just what they decide to do after thinking long and hard about their situation. I don't see why we have to give them such a hard time when quite clearly they're having a hard enough time of it as it is.

Just an FYI for anyone thinking I'd be the first to head for the door at the sign of trouble. Not so. I have been in the situation twice in my life after relocating with a need to pay for two homes while waiting for one to sell. It was an unbelievably stressful time, but I don't think it compares to anyone in this situation. At least I knew there would be an end to my dilemma sometime. My house would sell - eventually... And I would come out ahead, (or at least break even). That's not the situation anyone who is thinking about strategic default is in. Just cut them some slack, that's all I'm saying...

Posted by

Denise Hamlin, Realtor®

Broker/Owner

CARDINAL Realty, Coralville IA 

Licensed to Sell Real Estate in the State of Iowa

 

Helping Happy Clients Make Smart Choices 

Iowa City Area Real Estate Services

 

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Comments (6)

Denise Hamlin, Broker/Owner
Cardinal Realty ~ 319-400-0268 - Iowa City, IA
Helping Happy Clients Make Smart Choices

Interesting Michael. There I was in understanding mode and you come with a solution. Even better!

Denise

Jul 05, 2010 10:22 AM
Elizabeth Bolton
RE/MAX Destiny Real Estate Cambridge, MA - Cambridge, MA
Cambridge MA Realtor

Hi Denise ~ Excellent post.  What really gets to me is how businesses make choices all the time to protect the business' interests - and yet individuals are held to a higher standard by many.  With corporations running roughshod over all of us I'm not inclined to bash homeowners in financial distress when they make hard choices.

Liz

Jul 07, 2010 04:13 PM
Denise Hamlin, Broker/Owner
Cardinal Realty ~ 319-400-0268 - Iowa City, IA
Helping Happy Clients Make Smart Choices

Hi Liz ~ I haven't liked the tone at all about some of the posts on the subject here on AR. All this talk about people "choosing" to walk away from their homes, as if they wake up one morning and just decide it's a good idea, when in actuality it's a last resort. As you correctly point out, they do it to protect themselves and what's wrong with that? Businesses do it all the time. It's called good fiscal management! Nobody tells them they have to "hang on in there" for the greater good. Why on earth are homeowners expected to?

Nice to "see" you by the way. I've missed your smiling face on the Rain lately.

Denise

 

 

Jul 07, 2010 04:51 PM
Jon Zolsky, Daytona Beach, FL
Daytona Condo Realty, 386-405-4408 - Daytona Beach, FL
Buy Daytona condos for heavenly good prices

Denise,

I ran into this post by accident, and I am glad I did. Theer were several posts regarding strategic defaults. ANd even though I like your calm approach.

As for you pay you  stay, you do not pay, you go, it is pretty much the case. Not that people maek these dicisions lightly, no. But it is part of the contract. In default paragraph. THe Lender has specific rights if you decide to do so, but tis is and could be a calculated decision.

Michael has good points, but what surprises me is that he leaves outgoing links in the comments. I can understand his desire to be read, we all do, but this is against the AR guidelines

Jul 07, 2010 07:10 PM
Renée Donohue~Home Photography
Savvy Home Pix - Allegan, MI
Western Michigan Real Estate Photographer

It took me a day to wrap my head around this - just so you know.  This was a great post and very personal to you.  Where I am at right now my position cannot be changed because too many people are gleeful (yup I said it) about their decision to get what they are owed and to screw the system to change my position.

Yes, I do agree it causes pain to many but the other ones stick in my brain for some reason and with that prevailing mindset all around me, my mind cannot be changed anytime soon.  To me, when you combine the words strategic and default together there is just no hardship and no pain other than it being a "numbers" game.

Jul 08, 2010 03:58 AM
Denise Hamlin, Broker/Owner
Cardinal Realty ~ 319-400-0268 - Iowa City, IA
Helping Happy Clients Make Smart Choices

Hi Jon, Hi Renee,  I appreciate you both weighing in on the subject. I think Katerina wrote a much better post as far as looking at the subject purely from a contractual point of view. She and you Jon are both right. You pay you stay, you don't you go. It's in the contract, you have the option to leave and the bank will get the house. No question of hardship, just numbers. I think actually that's precisely where Renee's problem lies and I can understand that. At the end of the day it is an agreement where the basic understanding is that you as a homeowner keep the house. That is the premise of the agreement.

Now before you all think I'm going to flip flop, this is exactly why I say this is a personal decision. If there are "gleeful" folks out there, rubbing their hands at gaming the system, I am NOT for that. I am however not going to jump in there and tar them all with the same brush. I disagree with you Renee that combining the words strategic + default means there is no hardship and no pain. Pain is easier to define than hardship and I'm sure you know that we all have different pain thresholds. Based on that premise we all have different ideas on what constitutes a hardship too. Who are we to second guess people's motivation? I think the whole point of my post is to point out that this whole debate is about people, not about houses, or about the bigger picture, or about the mortgage system - Just about people.

Denise

 

 

Jul 08, 2010 06:04 AM