Showing posts with label strategic default. Show all posts
Showing posts with label strategic default. Show all posts

Friday, August 12, 2011

Expect fallout from a strategic default

Some homeowners are duped into strategic defaults by fraudulent services offering faulty advice. Crooked mortgage relief services often tell homeowners to stop making payments to get the lender's attention for mortgage assistance.

by Broderick Perkins
© 2011 DeadlineNews.Com
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Deadline Newsroom - When you decide to quit making mortgage payments and walk away from home ownership, you are taking a walk down a slippery path.

It's a path to a "strategic default," which occurs when a homeowner, who can afford to make mortgage payments, but proactively decides not to in order to induce foreclosure.

The questionable strategy is often used by homeowners who are "underwater" with a mortgage that's larger than the home's value. The approach is more likely if the homeowner believes the home will take too long to recover sufficient equity and the homeowner also can rent a home for less than the mortgage payment.

Other homeowners are duped into strategic defaults by fraudulent services offering faulty advice. Crooked mortgage relief services often tell homeowners to stop making payments to get the lender's attention for mortgage assistance, say a mortgage modification or other loan workout.

Experian says in the second quarter this year, on average, 17 percent of mortgages with payments 60 days more or past due where those held by calculating homeowners bent on a strategic default. For homeowners with loan origination balances of more than $1 million, 33 percent of those 60 days or more late were strategic defaulters, Experian says.

For whatever reason, a strategic default is a risky proposition.

"Not paying your mortgage will have a far-reaching, long-lasting impact on your ability to secure future credit, regardless of the reason for your default," said Charles Chung, Experian’s president of decision analytics.

If you strategically default on your mortgage, you'll certainly be rid of a big mortgage payment, but the burdens you'll carry for years may not be worth the savings.

• Only bankruptcy is more damaging to your credit than a foreclosure. Even if you continue to pay your other bills the foreclosure remains on your credit report for seven years. Bankruptcy's black mark remains for 10 years.

• After a foreclosure, your credit score can drop 150 points or more, according to the leading credit scoring system (FICO) architect Fair Isaac Corp.

A credit score is a numerical rendition of information on your credit report. The FICO score ranges from about 350 to 850 — the higher the number the better your credit score and the better shot you have a the best credit rates and terms.

• After a foreclosure, any credit and insurance available to you will cost more and you could find it tough to rent a home. Employers can't get your score, but they can have a look at your credit report, in some states, under certain circumstances, but always only with your written consent.

• You could experience a tax hit if the lender forgives the difference resulting from a foreclosure sale price that's less than the mortgage balance.

• You also could face legal costs if the lender comes after you for the difference.

• Finally, last year, Fannie Mae implemented a policy that prohibits strategic defaulters from getting a new Fannie Mae-backed mortgage for seven years from the date of foreclosure.

"Some may see strategic default as a way to get out of paying a bad debt," Chung says. "But its associated costs, like a lower credit score, higher interest rates and less ability to secure future credits, can wipe out the financial benefit of no longer having a mortgage payment," Chung said.

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© 2010 DeadlineNews.Com

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Broderick Perkins, an award-winning consumer journalist, parlayed 30 years of old-school journalism into a digital real estate news service, the San Jose, CA-based DeadlineNews Group, including DeadlineNews.Com, a real estate news and consulting service and Web site, and the Deadline Newsroom, DeadlineNews.Com's news back shop.

Under the DeadlineNews Group umbrella:

Perkins was the first Examiner to cover three beats for the Examiner.com news service:
• National Real Estate Examiner
• National Consumer News Examiner
• National Offbeat News Examiner

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Saturday, April 16, 2011

Most Americans thumbs down on 'strategic defaults'

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Even if you are "underwater" -- owing more on your mortgage than your home is worth -- there's rarely a good reason to stop paying your mortgage, according to a majority of Americans.

by Broderick Perkins
© 2010 DeadlineNews.Com
Enter The Deadline Newsroom
Unauthorized use of this story is a copyright violation -- a federal crime

Deadline Newsroom - The fallout you can expect from walking away from home ownership could include the ire of your neighbors.

Even if you are 'underwater' -- owing more on your mortgage than your home is worth -- there's rarely a good reason to stop paying your mortgage, according to a majority of Americans.

A new FindLaw.com survey says 60 percent of Americans believe that it is "never OK" for homeowners to simply stop making payments on their mortgages.

Another 34 percent said walking away, called a "strategic default," is OK for homeowners, but only if they aren't able to make the monthly payments.

Only 3 percent said home owners should be able to walk away from mortgages anytime they want.

Tossing the door keys in the circular file and stopping mortgage payments will eventually lead to foreclosure, but that's not all. Unanticipated consequences could include tax problems, contractual issues, damage to your credit and credit scores, damage to your ability to borrow in the future, even a lawsuit.

"Many homeowners are currently facing very difficult and complicated situations involving their home mortgage, in some cases even including the threat of foreclosure," said Stephanie Rahlfs, an attorney and editor for FindLaw.com.

"But before making any major decisions, homeowners should consult with financial and legal professionals, including accountants, real estate attorneys and financial advisers," Rahlfs added.

She also said, "Various government programs and tax changes involving mortgages have been enacted since the beginning of the housing crisis. Combined with private programs and variations in state laws, it creates a complicated web of potential actions available to homeowners."

FindLaw.com advises consumers not to play Ostrich, but, at the first signs of financial trouble, to seek help from counselors, community and social organizations and your lender or servicer. Examine all the alternatives before bailing on homeownership.

They include:

• Refinance. If you qualify, turn your existing mortgage for a new one. If you have a mortgage that is underwater, this could be the toughest option to accomplish. However, federal programs, including the Federal Housing Administration's refinance effort, can be a good bet for those who haven't yet faced hardship and can qualify for a new loan.

• Mortgage modification. A mortgage modification reworks the terms of your existing loan to get the payment down to a more affordable level. To add greater affordability, lenders lower the interest rate, lengthen the term of the loan or reduce the principal -- or do some combination of all three.

• Short sale. A short sale occurs when the bank allows the sale of your home for less than the existing mortgage balance, typically, provided there's a qualified buyer in the wings.

• Deed-in-lieu-of-foreclosure. With this option, you hand over the property to the bank for resale. Some short sales and deed-in-lieu of deals qualify for the government sponsored Home Affordable Foreclosure Alternatives (HAFA) deal -- the lender or servicers can't request any cash from the home owner, require a promissory note or pursue any deficiency judgments.

• Bankruptcy. Bankruptcy is a court-based process that can give you a financial "fresh start" by getting you out from under burdensome debts. Once the bankruptcy process is complete, you typically are released from personal liability for most debts.

• Reinstatement, repayment plans and forbearance plans. These plans help you get current on their mortgage when you have temporary financial problems. Talk with your lender or loan servicer for details.

• Click on the keywords below for more stories on this subject.

© 2010 DeadlineNews.Com

Advertise on DeadlineNews.Com | Shop DeadlineNews.Com

Get "News that really hits home!" for your Web site or blog from the DeadlineNewsGroup.Com.

You are reading a sample of "News that really hits home!" now available from several beats and published in a growing number of locations.

Broderick Perkins, an award-winning consumer journalist, parlayed 30 years of old-school journalism into a digital real estate news service, the San Jose, CA-based DeadlineNews Group, including DeadlineNews.Com, a real estate news and consulting service and Web site, and the Deadline Newsroom, DeadlineNews.Com's news back shop.

Under the DeadlineNews Group umbrella:

Perkins is managing editor of HomeAway.com's Gulf Coast Response Center.

Perkins was the first Examiner to cover three beats for the Examiner.com news service:
• National Real Estate Examiner
• National Consumer News Examiner
• National Offbeat News Examiner

Other DeadlineNews Group Feeds are available from DeadlineNews.Com.

DeadlineNews.Com's Editorial Content Is Intellectual Property • Unauthorized Use Is A Federal Crime


Read more!