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Mortgage woes causing some to walk away




You know the financial outlook is glum when the mortgage brokers who arrange loans have quit paying their own debts.

That's the case for one Las Vegas broker, an investor who's given up making good on her rental property's mortgage after a year of fruitless attempts to renegotiate the loan with her bank.


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  • In halting her monthly payments, the broker has joined a growing nationwide trend.

    Walking away from a mortgage has always been a homeowner's last resort -- it flies in the face of the American dream. And experts say it should remain a worst-case scenario.

    But with the deepening economic crisis fast adding to the 12 million mortgages already "underwater" -- the term for when a home's debt exceeds its market value -- it's an option more are likely to consider as home prices continue to fall.

    The local mortgage broker said she owes more than $100,000 beyond her home's worth. She's had trouble keeping renters who could cover the $2,400 monthly payment. When she first called her bank in February to discuss new loan terms, the bank told her she had too many assets to qualify for renegotiation. She called back in October and learned that she was by then too underwater for a modification. She's paid $7,500 out of pocket in 2008 to stay current in her mortgage, but with her brokerage business slow, she can no longer afford the financial hit. She's stopped paying the loan altogether.

    "In this economy, I can't keep paying for an empty house that is now more than $100,000 upside down," she said.

    No central clearinghouse tracks walk-aways, so it's difficult to tally how widespread walking away is in Las Vegas.

    But the local mortgage broker who's stopped paying the bills on her rental home said the number of customers calling her to ask about ditching their own properties has doubled in the last six months.

    "They don't want to walk, because mentally, they feel obligated," she said. "But they're not getting help."

    Bill Ochs Jr., president and owner of Nevada Mortgage, said his banking and brokerage company hasn't seen an increase in clients walking away.

    What Ochs sees, though, is a growing sense of hopelessness among customers.

    "People are looking at their options," including walking away, Ochs said. "I get calls on a regular basis from people who are wondering if there's going to be any help for them. There's less of an attitude that there's a light at the end of the tunnel."

    Ochs said walk-aways could become more common for three reasons.

    First, some underwater homeowners already received loan modifications once. They hesitate to ask for another chance, because they're sure the bank will reject their plea a second time around, especially if their income has fallen due to job loss or cut hours.

    Second, homeowners who have stayed current on their mortgages resent falling home prices. The consumer who bought his place for $300,000 and sees the same home for sale down the street for $200,000 could be tempted to buy the cheaper property and then abandon his more-expensive house.

    Finally, Congress in 2007 repealed an Internal Revenue Service regulation that treated forgiven mortgage debt as taxable income. That removed a major financial deterrent to walking away, Ochs said.

    Diane Shackle found it gut-wrenching to walk away from a mortgage she took out in times that were better for both her and the U.S. economy.

    But the reality was undeniable: While she was keeping up with the monthly payments, she said she could no longer afford to buy food for herself or even kitty litter for her two cats.

    So the 44-year-old cocktail waitress walked away from her two-bedroom condo in Southern California last July, turning her back on a debt of nearly $200,000.

    "It ripped me up to do it but I was tired of worrying and I had no food in the house," said Shackle. "I decided, you know what, I'm not living like this. I've got to quit (get out) before I kill myself."

    Mortgage and financial experts hesitate to recommend a voluntary action that not only threatens to wreck your credit score for years but can result in authorities coming after other assets. But depending on state laws, they acknowledge it makes sense to at least look at it in certain situations.

    "You have to make the best decision for yourself, business-wise, which could be walking away from the house," said Nicole Gelinas, a chartered financial analyst and senior fellow at the Manhattan Institute, a conservative think tank.

    Mortgage walking surfaced as a phenomenon in the wake of plummeting housing prices. The practice also is known as "jingle mail," referring to the borrower mailing the keys to the lender and surrendering the house.

    Bank of America Corp. brought the practice to light a year ago, reporting that a growing number of people who defaulted on their mortgages were current on their credit cards. This suggested that at least some saw bailing out on their houses as a way to gain control of their finances.

    Though statistics aren't readily available on the number of mortgage walkers, a year later, Bank of America spokesman Terry Francisco acknowledges that the problem still exists and said it has been exacerbated by the housing market's further decline.

    Speculators who bought houses for investment purposes rather than to live in are the likeliest to do it, he suggested.

    Shackle doesn't fit that category. The single, first-time homebuyer bought a two-bedroom condo in Calimesa, Calif., in 2006 for $191,000. She wasn't required to put any money down despite her limited income as a waitress, thanks to a lofty credit score of 788.

    The financing consisted of two interest-only loans with initial rates of about 7 percent and 10 percent. Her monthly payment, including an escrow account for property taxes and insurance, was about $1,400 a month. That was manageable until she had serious problems with asthma and missed a lot of work.

    Shackle was never late with a payment, she said. But after paying the bills she had no money left over to buy groceries, and lost nearly 50 pounds. Despite her pleas, she said she couldn't get the lenders to refinance once the collapse of the housing market had slashed the home's value to about $150,000.

    Suddenly it was no longer about an investment or the tax advantages of homeownership, it was about trying to survive the crush of bills.

    "When you're a homeowner you think, 'OK, I'm going to go ahead and try to pay this off,'" she said. "But when I tried to get refinanced and everybody pretty much shut their door on me, I felt like I had no alternative."

    Rather than stop paying and wait to be foreclosed on, she sought help from You Walk Away, one of the companies that has emerged to address the growing number of underwater homeowners. The San Diego-based business counsels the homeowners to, as its Web site says, "take control of their financial future" by making a strategic decision to default if necessary.

    Jon Maddux, principal and co-founder of You Walk Away, which charges $995 for consultations about their rights regarding foreclosure, says his company doesn't advocate jingle mail per se, but rather staying in the home as long as legally allowable until the bank takes it back.

    Underwater homeowners should exercise caution when signing up for any service that offers assistance, because consumer advocates say much of the advice can be found online or through non-profit agencies.

    Shackle moved out of the condo in July and rented an apartment for $750 a month. Foreclosure still hasn't taken place. But without the burden of a mortgage gone bad, she says, now "I sleep a lot better."

    About 1 in 6 of the nation's 75 million homeowners are underwater, according to Moody's Economy.com, and the total has doubled in a year. Their mortgage debt exceeds home equity by an average of $40,000. Half of these negative-equity homeowners owe more than 120 percent of their home's value. And 30 percent of homes sold in the past year were sold at a loss, according to real-estate Web site Zillow.com.

    The Associated Press contributed to this report.

    WALKAWAYS HIGHEST IN 'NON-RECOURSE' STATES

    Mortgage law experts say the incentive to walk away from a home loan is highest in states that have anti-deficiency statutes, which prohibit lenders from suing borrowers for additional funds after foreclosure.

    "These anti-deficiency laws make a huge impact on foreclosure rates because they are basically 'get out of jail free' cards," said Todd Zywicki, a law professor at George Mason University and senior scholar with the Mercatus Center think tank who's writing a book on consumer bankruptcy and consumer credit.

    This handful of non-recourse mortgage states includes the high-foreclosure states of California and Arizona, which not coincidentally also are leaders in the numbers of mortgage walkaways.

    The full list: Alaska, Arizona, California, Connecticut, Florida, Idaho, Minnesota, North Carolina, North Dakota, Texas, Utah and Washington.

    Donald Lampe, a Charlotte, N.C.-based mortgage lending attorney with Womble Carlyle Sandridge & Rice, said the statutes generally prohibit or limit a lender's ability to go after the borrower's assets to satisfy the unpaid mortgage debt.

    "There are some folks suggesting that state anti-deficiency laws should be expanded around the country as a response to the "mortgage meltdown," Lampe said. However, he noted, "It is difficult to see how these laws could be made to apply to loans already on the books."

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    mshmouth wrote on December 23, 2008 05:08 AM: Buying the cheaper property BEFORE the foreclosure lowers your FICO and then abandoning the more expensive house is pretty clever. If Nevada doesn't have anti-deficiency laws then the homeowner could put the new house and any savings in a trust and make it really hard for a lender to go after their assets. I say screw the banks that are getting bailout money and not helping out their borrowers.


    jadventur wrote on December 21, 2008 06:06 PM: RE: Florida anti-deficiency:

    I read that not one lender in Florida is going through the foreclosure process with the procedural requirements to come back later to go after deficiency. It is more time consuming and costly to foreclose and leave that option open. It was written by a lawyer who was surprised the lenders were closing the door on later action.


    jadventur wrote on December 21, 2008 05:45 PM: reality calling 1st post:
    "its called risk! "
    I agree and the bank took WAY more of it than the individual. You give me a $99 and i'll put in $1 and I'll go to the casino and make us both BIG $
    Right or Wrong...walking away leaves the bank holding the drowning asset.


    reality calling wrote on December 21, 2008 11:25 AM: Wow, it is amazing how nobody wants to take responsibility for their own actions. YOU bought more house than you can afford because you thought you would get rich selling to a greater fool. Now that the fools are gone, everyone wants to blame the bank. This is not the banks fault, they are just trying to make money just like you, except since they control the money, the banks actually should make money unlike homedebtors that only put forth the effort of a signature. Just go rent an apartment and stop whining.

    It's called risk! You risked your credit when you signed up for your liar loan. You should lose that and any other assets you have. As long as you have food and shelter, quit crying, you don't deserve anything else if you haven't worked and saved for it.


    Broken Credit wrote on December 21, 2008 08:39 AM: "The full list: Alaska, Arizona, California, Connecticut, Florida, Idaho, Minnesota, North Carolina, North Dakota, Texas, Utah and Washington."

    Florida is NOT an anti-deficiency state. F.S. 702.06


    Bobba Louie wrote on December 21, 2008 08:36 AM: I remember meeting with a young girl in 2007 that wanted to purchase a house for $175,000, no money down and she made $18,000 per year as a school bus driver and she wanted to go "stated income" on the loan. I had to tell her "no way" could this happen. She went elsewhere and I don't believe that she ever got a loan, as there is no way she could afford a home on her income. I had a front row seat in this mortgage mess and meltdown and I often wonder, who scammed who?

    Bobba
    www.scamandfraudblog.com


    austine hans wrote on December 20, 2008 09:52 PM: i will try to explain my situation as i can i dont spesk good english we bought a hose in 2006 even i dont have down payment i thought that was okey and the real estate agent told me even if you dont have dp i could still get loan. so i trusted him in order to get the loan 'cause my income is not enough to qualify to the loan he told me let increase your income like $10,000 a month i only get paid $1,000 in 2 weeks. so anyways i have Jumbo interest onl loan they based it on LIBOR which is i dont know if i only know the in and out of the real estate i thought when getting or buying a house is that easy. so i have 1st loan $448,000 from used to be from BANCORP ALLIANCE after a month they sold us to countrywide which is now own by bank of america and my 2nd loan $112,000 and i'm the only one primary borrower there's no co- borrower 1st loan monthly payment before is $2,706 7.2500% now is $2009.01 they try to modify my loan interest only for 5 yrs 6.0% and it now $454,000 and the 2nd loan used to be $112,000 monthly amort. is $1,195 12.500% now i told them its to much now the make my payment $839.23 a month for the 8.00% will both loan is to much i try to pay on time but to my income i'm struglling to pay both loans now i'm delinquent to my first loan and 2ns loan they dont want to reduced the principal of my loan the value of the house is 380,000 now the house value before is 560,000 or more now i own whatthe house is worth.


    gili wrote on December 20, 2008 02:56 PM: lenders need to get real&help people refi,most banks acts like jerks and dont want to do nothing
    all they want is free govrement money


    tmm wrote on December 20, 2008 01:56 PM: Just Walk-Away if the numbers do not add-up.

    Come on 50% under-water and wait another 10-15 years for a big if and may-be prices would come back.


    CA is a non-rcourse and banks CAN'T go after assests for primary residence.



    Nina wrote on December 20, 2008 01:19 PM: Here in GA..lenders are coming after "investors" who have defaulted. My brother-in-law defaulted on 2 of his rental properties and now the lender is going after his residence for the balance. I feel bad for him. He has a family.


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