Personally helping homeowners with loan modifications daily, and fighting tooth and nail to help get great loan modifications so these homeowners can keep their homes and have lower, more affordable payments, I read the following article with interest. It is certainly a question on many people’s minds, at what point does it no longer make sense to repay a $300,000 mortgage when the home is worth only, say $180,000.
For many homeowners, there is a significant and driving desire to keep their homes with lower, more affordable payments, however, for many others, the big question is, is it really worth the fight? You be the judge! Take a gander at the following article and feel free to share your feedback in the comment area below.
Homeowners who are significantly underwater with their mortgages should consider walking away from those, according to Brent T. White, an associate professor at the University of Arizona’s James E. Rogers College of Law.
In a paper titled titled “Underwater and Not Walking Away: Shame, Fear and the Social Management of the Housing Crisis,” White writes most homeowners do not walk away or strategically default as a result of two emotional forces:
• The desire to avoid the shame and guilt of foreclosure
• Exaggerated anxiety over foreclosure’s perceived consequences
“It was a puzzle for me,” he said. “If you look at the percentage of people underwater — many by a large amount — there are still few people walking away strategically. I wanted to know why they were staying.”
In his paper White writes: “These emotional constraints are actively cultivated by the government and other social control agents in order to induce homeowners to ignore market and legal norms under which strategic default might not only be a viable option, but also the wisest financial decision. Unlike lenders, individual homeowners have thus generally not acted to minimize their losses and have born a disproportionate share of the burden from the housing collapse.
“It is a double standard in our financial world,” he said. “If a corporation was heavily upside-down on a home they would walk in a New-York-second. But then we expect homeowners to stay and honor a contract.”
With the backing of behavioral economists he argues that underwater homeowners aren’t knowingly making bad financial decisions, they just can’t cognitively grasp that they would be better off if they walked away from their mortgages.
“The financial costs of foreclosure, while not insignificant, are minimal compared to the financial benefit of strategic default – particularly for seriously underwater homeowners,” White wrote. “For many, default is the ‘in the money’ option by any objective measure. Yet most seriously underwater homeowners aren’t walking away – even as they sink deeper into negative equity.”
White quotes a study that estimates only about one-fourth of homeowner defaults are what would be called “strategic,” describing the rest as due to such things as divorce, job losses or other financial calamities that prevent people from meeting payments.
“I don’t advocate that everyone who is underwater on their mortgage should walk away,” White said. “But it is a decision they should look into with an attorney and a financial adviser and make a decision in their own personal interest.”
By Roger Yohem, Inside Tucson Business
Again, I’m interested in your feedback. If you are in need of loan modification help, complete the “quick-qual” application to the right and a professional will immediately contact you to discuss your financial situation, the likelihood and chance that you qualify for a loan modification or other loss mitigation help, and of course answer any questions that you might have.

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I don’t think that walking away from our home is the best option but this was definitely an interesting post to read. I think its great that you guys look at the big picture when it comes to the foreclosure crisis from all sides. Thanks for all the information on your countrywide loan modification post too.
No problem! Glad to be able to help you!
Walking away from our home seems intresting.
People should not walk away from their homes. Now is the time to make sure we are understanding our goals, risk tolerance, need for income, tax situation, and time horizon. The last thing we need to do is to make it even harder on our selves.
I went through foreclosure. WAMU wouldn’t modify my mortgage, wouldn’t even talk to me. It a done deal now.
I owed $245,000 on this house, appraised at $350,000 3 years ago.
Bank owns it now and is selling it for $159,000.
If they would have given me that deal, I would still be there now.
My problem is my business dropped 75% in the last 2 years and I’m trying to rebuild. All I needed was time to get back on my feet. Now they own a home that won’t sell even at that price.
Someone will get it for $120,000
Sorry to hear about that! If only I had known I would have been happy to help you!
I started trying to modify my Loan in 2008 (yes, this is year #3) The Banks keep selling the Loan to a different Institution and I have to begin the process all over again. Should I miss a payment? I’m very nervous about that, however, I have been told that this is one way to get their attention. Nationstar Mortgage in Texas refuses to allow me to speak with a Manager – they say that their Managers “dont receive or return calls” The home is worth approx 220 and we owe 417 on it – is this case a “walk-away” one? Is there any home on the Loan Mod for us? Our DTI ratio is at 31% right now, but from what I can see, we qualify for HAMP considering the remaining criteria.
Marie,
I can’t even begin to imagine the frustration that you are feeling right now after trying to modify your loan for 3 years. One thing that strikes me right off the bat is, if your loan has been sold so many times, ask your current servicer to provide you with a copy of the original note; if they can’t, they cannot prove that you owe debt on the home, and subsequently cannot foreclose.
Truthfully, it sounds like HAMP is out; a loan modification under HAMP will reduce your housing expense to 31% of your gross income; if your already at 31% and can’t afford the payment then it doesn’t make sense to modify.
I would look into a Deed-in-Lieu of Foreclosure or a Short Sale, and if at all possible avoid missing a payment it at all possible, or at least until I had another home purchased. Hope this helps.
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