Walking way from a home and a mortgage
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Not every homeowner in financial trouble is eligible for President Obamaâs housing plan. So what are the rest to do? Some ideas from the New York Timesâ âThoughts on Walking Away From Your Home Loanâ:
... The consequences of giving up on your mortgage may not be as painful as they were a few years ago. Yes, itââŹâ˘s almost always preferable to negotiate a better deal on your existing mortgage than to walk away. But if you canââŹâ˘t work things out with your lender, you probably wonââŹâ˘t be sued. You shouldnââŹâ˘t receive a major tax bill either. And the damage to your credit will not be permanent or insurmountable.... First off, letââŹâ˘s define what we mean by ââŹĹgiving upââŹÂ on your current mortgage. It may mean trying for a short sale, where the lender allows you to sell your home for less than the mortgage amount. You may also hand over the deed to the home in exchange for the lender agreeing not to start foreclosure proceedings (a ââŹĹdeed in lieuââŹÂ in industry terms). Then, thereââŹâ˘s foreclosure itself, and the possibility that bankruptcy judges may soon have the power to adjust the terms of primary mortgages. That said, just because youââŹâ˘re ineligible under the Obama plan doesnââŹâ˘t mean that your lender or servicer wonââŹâ˘t ultimately adjust your mortgage anyhow. Collectively, there are enough people in trouble or under water on their loans that they have plenty of leverage if theyââŹâ˘re willing to play chicken with their lender and threaten to stop paying.
Itâs worth a read for anyone facing this decision. Some additional points worth noting: Lenders canât pursue California borrowers for the mortgage balance after foreclosure; tax laws now favor borrowers more than in the past; and a foreclosure will take a toll on your credit for up to seven years. But you wonât be the only person out there searching for a rental with marks on your report.
--Lauren Beale
Thoughts? Comments?
Times