Strategic Defaults Go Mainstream

Written by Jim the Realtor

May 9, 2010

The company ‘You Walk Away’ is in the same Carlsbad office building as Klinge Realty. They used to have the prime first-floor office that was probably a few thousand square feet, but they have since vacated for a much smaller space.

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64 Comments

  1. GW

    My family thought it is a crock that there’s a company ‘teaching’ people how to be deadbeats. I hope moving into smaller space means that ‘You Walk Away’ is not a good business model.
    What about the older couple in AZ where the lady says they are living up to all the terms of their contract? Did she forget about the part where they are expected to pay back the lender? Paying off your debt is just a technicality today.

  2. stevea2z

    I have been on the sidelines renting for the past two years…sold just after the peak in my market (Northwest), biding my time… about to jump in to a North SD County Coastal home… but after watching the clip on dead beat walkaways, seeing what is going on in the world financial markets… Double Pop (dip) Housing Bubble (recession), here we come… things might be decent here on the coast with all the summer movement upon us, but, I believe Q 4 is going to be a bloodbath down another 15-20% in the 800K+ market. The Fed can’t print money fast enough for our new welfare state.

  3. CA renter

    What’s funny is how so many people have it backward. They think that falling housing prices would make our economy worse.

    The truth is, the ONLY way to fix our economic problems is to repudiate debt and deflate asset prices. These walk-aways are exactly what we need to happen in order to break the multi-decade inflationary cycle (which has caused us to be uncompetitive in the globalized economy) and bring us back to a foundation from which we can grow in a healthy, sustainable way.

    We cannot afford to carry the kind of debt we’ve taken on, both publicly and privately over the past few decades. Debt, by its very nature, brings economic activity forward…at the expense of economic activity in the future. The future is here.

  4. nephlem

    I have no issue with people walking away from their mortgage contract. Its like the guy say, its a business deal, deal with it that way. Thats all it is.

    But that fella and his wife in the video that were up front about not paying yet they would live in the house until they were kicked out…. That is some serious bullshit freeloading.

    Breaking mortgage contracts is perfectly acceptable IMHO but exploiting the lag in the system for their own personal benefit is no better than theft IMHO.

    That kind of nonsense should be investigated and persons charged if so applicable.

  5. pemeliza

    CAR, high housing prices in a very few select parts of the country is not making this country uncompetitive nor does it necessary imply high debt loads. If someone is worth 5 million, then buying a one million dollar house cash is no problem.

    What caused this housing mess was people taking on large amounts of debt with virtually no skin in the game and trying to live well beyond their means all in a bid to keep up with their neighbors and friends.

  6. Downturn

    I know a guy who “unschackled” himself from his car payment……….he walked away!

  7. shadash

    People the look for technicalities to find ways out of meeting their obligations are truely sickening.

    This is why there needs to be a 90 days and you’re legally forced to vacate “your” property if you’re not making the payments.

    I’m surprised realtors aren’t behind a 90 days and your out rule. It would put more properties on the market. It would also create more transactions.

  8. Talon

    Companies do this all the time. As the video pointed out, Morgan Stanley does it, and corps that own hotels have been doing it for a couple of years now. They’ve walked away from newer, expensive hotels so they can use that money to buy recently depreciated bargain properties.

    What is good for the goose is good for the gander.

  9. justme

    Eerie

    Did you know you can’t make one word posts to this discussion? Just found out.

  10. real estate guy

    Dont they call it a business decision?

  11. NateTG

    “People the look for technicalities to find ways out of meeting their obligations are truely sickening.”

    Deed in lieu isn’t a technicality. It’s part of the contract.

  12. Consultant

    In the past 18 months, we’ve had 4 foreclosures happen within a 1 block of our house. 3 of the homeowners bought more house than they could afford. The other one lost their job.

    2 of the 4 homes have been resold at @50% off the price the original homeowners had paid (the other 2 are being rented-I think). Everyone in the neighborhood is either underwater or had substantial down payments wiped out by these defaults.

    If my wife and I were to walk away from this house, we would feel ABSOLUTELY ZERO GUILT. NADA!

    The banks were the one who FAILED to exercise due diligence with their loans. We now know most of them were actively engaged in criminal conspiracies to inflate the price of homes. They also don’t give a damn about working with some of our neighbors who might lose their jobs.

    Our home is underwater due to no fault of ours. The banks and the entire (mostly) gangster real estate industry got us into this mess and now they’re trying to play the “you should feel guilty” card. Banker please!

    Since we don’t seem to have mature adults running these institutions, just like with a child, you sometimes have to take away their toys to get their attention.

    I hope more people walk away. Soon.

  13. chris g

    If you trash your credit, can you still get access to credit cards, hotels and car rentals? Having credit cards is a very nice thing for traveling, interfacing with modern society, etc.!

  14. GameAgent

    chris g…
    Stock brokerages and credit unions are pretty easy with credit cards. They will usually give you a credit limit based on your portfolio value and liquid funds. No one knows it’s an asset-backed credit card.

  15. GameAgent

    “I hope more people walk away. Soon.”

    Why would you say that Consultant? Are you thinking the more ‘mainstream’ this activity becomes, the less chance you’ll have credit problems in the future?

  16. justme

    Can anyone recommend a good real estate lawyer, that primarily does real estate? A “friend” wants to know. 😮

  17. Jimmy James Jr.

    Safer calls bankers “zoo keepers” and those who strategically forclose “white elephants,” so I guess we understand his bias. People make logical decisions, like businesses do. And, many of these people have already PAID for the right to walk away. Bad analogies and biased journalism helps nobody, and it certainly doesn’t fix the economy, housing or otherwise. Bet drama sure helps CBS sell the soap, doesn’t it?

  18. GameAgent

    justme…

    I cringe when I see “good” and “lawyer” in the same sentence.

    If your friend just has a few questions, Bill Handel (a lawyer) has a great call-in talk show on Saturday mornings:
    http://www.handelonthelaw.com/home/TuneIn.aspx

  19. Sol

    Problems with this 60 minutes segment, my take on the mirage of this virtual realty –

    There’s no way the 1st (young) couple purchased a home in Sun City, AZ (they have age restrictive covenents). I suspect they purchased in Surprise, which is much further a field west of Sun City/Sun City West. It was the hip hot place for the young, up and coming, first time home buyer (with 10% or less in the game) during the big bad boom. Not a “surprise”, it is now a virtue ghost town.

    The 2nd couple (probably a little more skin in the game here), purchased in one of the oldest neighborhoods in the downtown core (Encanto). An overly hyped area selling on vintage charm, but virtually surrounded by badly aging low income slums.

    Mr. Scottsdale (lol), now that guy probably has more serious skin in the game. A little harder to walk away.

    It all comes down to how invested you were/are. It’s easier to walk when you have 20K in, hardered when it’s 50-100K, harder still when it’s 250-500K.

    And, it’s a virtue no-brainer when you went ahead and pulled all your original skin out through 2nd/home equity extraction in order to purchase into the immediate gratification factor as part of your parting gift package just for playing.

  20. Jimmy James Jr.

    Safer talks about:

    1. Individual guilt and shame
    2. Emotions tied to their homes
    3. Worry about neighbors’ feelings

    Safer employees the same techniques in his questioning of his guests and experts that real estate agents, mortgage brokers, and banks used to play on emotions on perspective home owners to begin with?

    In addition, he suggests that strategic foreclosures might cripple a recover, when in fact, people’s inability to move — because they are tied to their homes — does INDEED damage any recover, because labor assets cannot freely move to where and when jobs are created.

    Isn’t it ironic that NOBODY EVER suggests that strategic defaults by businesses are to blame for crippling economic effects? In fact, strategic business defaults — including bankruptcies — are often praised as ways in which the U.S. economy remains dynamic during down times.

    Unfortunately, individuals are proscribed from strategic defaults and bankruptcy protection because federal and state governments would rather create and enforce regulations upon individuals in a greater number of ways, and to greater degrees than it will the corporations. Thank banks and banksters for that.

  21. Anonymous

    Does Morality Safer think his employment contract morality obligates him to some code?

    If corporations possess the rights of individuals, do they have a moral or ethical obligation to their communities or the economy?

    Morley’s mainstreamness is mind-numbing.

  22. real estate guy

    If this really catches on the real esate recovery could be a long way away.I have a real problem with the banks and the govt allowing these people to virtually buy another home in a few years.When you are looking at the numbers it makes sense to a lot of people to give the house up and sit on the sidelines for a few years.They can save money and then buy another home in the current system.Wall street really blew on this one.

  23. Anonymous

    Truth is everyone cares about real estate. You cannot avoid playing the game thru a purchase or increased rents.

    That said, real estate has become unaffordable without a financial windfall (inheritance, help from family, Google stock)

    I would love to see real estate value reset down. I fundamentally don’t believe that a home in Carlsbad should be $700k+.

  24. Jim the Realtor

    The best local real estate attorney is Rob Kovalsky, known here on the blog as “Kingside”.

    I highly recommend – He can be reached at kovalsky@sbcglobal.net

  25. Jim the Realtor

    If this really catches on the real estate recovery could be a long way away.

    I disagree.

    I hope it spreads like wildfire so we can take our medicine and be done. I guess the banks/gov’t cartel see it otherwise.

    One last deed-in-lieu program would be prudent. Any homeowner who turns in their deed to their vacant house in the next 30 days gets $2,500 cash-for-keys. After that, cash-for-keys program cancelled.

    Note in Morley’s video that the younger couple said they had no regret at all, after talking to their lender. The nasty attitude from the servicers are pushing the buttons of borrowers who are on the edge. It gives them their final reason to default.

  26. Jimmy James Jr.

    Regarding the specific cities (and neighborhoods) addressed in the 60 minutes story.

    1. Phoenix, like many major American cities in the south and west were terribly overbuilt. Except for price (per square foot) and some very minor stylistic and aesthetic reasons, a suburb is a suburb is a suburb (or exurb).

    2. Practically everyone, everywhere in the Phoenix metro area drives. With gas currently at $3.10/gallon here, staying in the outskirts (regardless of whether you rent or own) has become cost prohibitive, unless the place you work and the places you normally need and want to go are close by.

    3. The outskirts of Pheonix, the central downtown area and densely-populated Scottsdale are worlds apart here, as are the people that live in these places. As the Phoenix metro area continues to contract, denser areas — including older areas and areas along suburban business corridors — will be coveted more.

    4. So, long-term trends favor faster, denser north-south and east-west corridors, downtown Phoenix, and denser and older areas of Scottsdale, Tempe, Mesa, etc., especially areas served by good public transit including light rail. Right now, you can buy blocks of houses in the ‘burbs and hundreds of 5,000+ square foot, Tuscan-esque McMansions in Phoenix’s periphery — homes that never would have been built BUT FOR the housing bubble.

    You don’t have to be a real estate professional to see the long-term trends in real estate. Cities across the U.S. are consolidating, many for reasons unique to those individual cities, but also for reasons quite common to long-term trends in the U.S.

    People will want less house, denser accommodations, less automobile travel, more services closer in, closer proximity to work and schools, etc. The municipal governments in most American suburbs simply cannot afford to support the vacant houses or neighborhoods. And left unoccupied, many of of these home will eventually become unlivable, due to extreme degradation from being left boarded up and otherwise neglected. How appropriate that here, way out west, we have created so many modern ghost towns.

  27. Consultant

    Chris G,

    I hear what you’re saying. But..update flash. Our criminal “financial industry” has already hit our credit. People who live in neighborhoods hit by high foreclosure rates have their credit scores lowered. They’ve been doing that for a while. They borrowed it from the redlining practices of the insurance “industry”.

    Our bought and paid for Congress has allowed them to do this, and most of the Republicans in Congress protect this policy like it was God & Country.

  28. Local Boy

    Deed-in-lieu, for me, would be doing the right thing–not living for free. Those who do anything else and force the banks to foreclose are going beyond my moral threshold–especially those who can afford to make the payment in the first place. Clean the house, vacuum the floors and leave the keys for the bank so they can move-on quicly and easily!!! Should be MUCH easier on the credit report, especially with a letter of explanation to support it next time they decide to buy.

  29. Local Boy

    Ross Schwartz 619-699-8328 is a good R/E attorney.

  30. FreedomCM

    [quote]People the look for technicalities to find ways out of meeting their obligations are truely sickening.

    This is why there needs to be a 90 days and you’re legally forced to vacate “your” property if you’re not making the payments.

    I’m surprised realtors aren’t behind a 90 days and your out rule. It would put more properties on the market. It would also create more transactions.

    shadash | May 10th, 2010 at 6:33 am[/quote]

    The problem is that the banks are not foreclosing. Who knows why (though many have guessed), but not only does it leave non-paying debt-owners in place, it also leaves them on the hook for the place.

    If they do leave and the weeds take over, they get the fine. They get the tax liability. If someone breaks in and has a house party where some ODs,they are liable.

    Until the bank actually assumes ownership through FC, the debt-owners *should* stay in place!

  31. FreedomCM

    [Quote] Deed-in-lieu, for me, would be doing the right thing–not living for free. Those who do anything else and force the banks to foreclose are going beyond my moral threshold–especially those who can afford to make the payment in the first place. Clean the house, vacuum the floors and leave the keys for the bank so they can move-on quicly and easily!!! Should be MUCH easier on the credit report, especially with a letter of explanation to support it next time they decide to buy.

    Local Boy | May 10th, 2010 at 10:52 am [/Quote]

    Unfortunately for this plan, many/most banks are not accepting any DIL, as I hear it.

    No way currently to force them to accept the property. Even a bankruptcy judge cannot order the lender to assume ownership.

    Any suggested fixes?

  32. Consultant

    “The problem is that the banks are not foreclosing. Who knows why..”

    Can we all, maybe, finally agree that our financial “industry” has become one large, interconnected criminal enterprise.

    One thing we should all understand about criminals, doing the right thing is the LAST THING on their agenda.

    Correction: doing the right thing is not on their agenda.

    We are not going to solve the economic problems related to housing and finance in general until we recognize these folks as criminals and start to treat them that way.

  33. chris g

    Consultant, you really can’t be mad at “criminals” who loaned people money in the past but choose not to loan money now. They have money, they can lend it however they see fit. Being able to borrow is not a right under the law (unless your dealing with Fannie & Freddie!).

    Ever wonder why you have to PAY to see *your* credit score? Because your credit scores are not yours. You don’t own them. They are theirs. They created a system by which to loan money. They can do whatever they want with the system. You don’t have to participate. Banks who over relied on that system are in trouble. Consumers who thought they “earned” a credit score and the right to borrow are now shocked to learn that the credit score is just a score, not an actual bank account from which to withdrawal cash.

  34. The Blur

    “One last deed-in-lieu program would be prudent. Any homeowner who turns in their deed to their vacant house in the next 30 days gets $2,500 cash-for-keys. After that, cash-for-keys program cancelled.”

    This is a FANTASTIC idea. You might have to bump that up to $5k or more, though – just enough to get people off the fence. Can’t you imagine herds of people rushing to get their cash for keys? Problem is government will never sponsor this. Would the banks?

    Keep walking away, people. It’s undoubtedly your best move if you have buyer’s remorse. Walk away NOW, and in 4 years you’ll still be able to buy a home for less than the bubble price you paid. In fact, your walking away will do its part to correct prices and make your next home more affordable.

    You know why institutions perform so much better than individuals? Because they’re not managing/investing on emotion. If you feel obligated to stay underwater, you’re getting duped by the bank.

  35. Consultant

    Chris g,

    You’re reading WAY too much into what I wrote. And drawing the wrong conclusions.

    We’ve never taken out an equity loan on any home we’ve owned. We don’t “flip” homes. Personally, I don’t like “flippers”. I look at homes as places to live, not poker chips.

    You seem to be saying if groups can devise schemes that they control, that’s okay because the schemes belong to them.

    That doesn’t necessarily make the schemes right. And if the schemes cause harm to numbers of people they are morally wrong and (should be) illegal.

    The latter point is a large part of the problem in our “financial industry”. Over the last 20 years, a lot of harmful financial practices have been made legal.

    Just because you can do something doesn’t mean you should.

    And yes, I do get mad at criminal and morally reprehensible behavior (and those who allow it).

  36. Local Boy

    Freedom–that is a good point. I would try hard to persuade the bank to take it back. If someone is underwater but capable of making the payment, instead of a doing “strategic default” they should probably keep making their payments and at least attempt to preform a “died-in-lieu.” If that was unsuccessful, they might hire an attorney to assist, while continuing to make their payments. I talked to someone who was able to complete the process several months back(similar to a short-sale I guess). I confirmed that their credit shows “satisfied-zero balance” and they owe nothing back to the bank–no moral headache IMHO, and they are considering buying again soon-seems alot less painful and worth the effort, even if you need to resort to an attorney!

  37. chris g

    Consultant, I didn’t make any assumptions about your situation. Please don’t consider this an attack on you. I am merely defending financial institutions… they are not criminals for the most part (maybe a wee bit stupid sometimes!)

    Somebody is contributing their savings so that you can live in a nicer house, right now, instead of later. You are paying them interest for that benefit.

    And, yes, if I develop a scheme for buying tomatoes, then change my scheme such to exclude a lot of potentially rotten tomatoes, that is OK. It is my scheme. The tomatoes don’t have to participate. Obviously, I can’t go back in time and undo the previous rotten tomato purchases.

    Something has changed in our world… people have forgotten that borrowers have NO rights to borrow. Lenders have NO obligation to lend.

  38. Jeeman

    Consultant, one thing I’d say about your earlier posts in this thread is that you said that your neighborhood is underwater through no fault of your own. Well, the truth is that you bought an asset in a free-market system which can increase or decline in value. Overpaying for a house, even at then then-market price, is your choice, and that ends up being your “fault”. Not trying to rub your nose in it, but you make your own choices in life.

    I stayed out of the market until I could pay a reasonable price for a house. Like my realtor-friend said, “you don’t make money on a house when you go to sell it, but when you buy it”. Meaning, make sure you have a margin of safety when you buy an asset, so that you will make a profit on a distressed resale.

  39. François Caron

    To the people who are still on the fence, I say walk away. Now.

    There’s absolutely no moral issue here. The procedure for a default is already an integral part of the mortgage agreement. A homeowner who walks away from their home is simply exploiting the options in their contract that ALLOWS them to get out of a horrid and expensive mess regardless if they can make the monthly payments or not.

    And if the banks don’t act swiftly enough on the defaulters, giving them free rent for many months in the process, that’s THEIR problem. The banks created this mess in the first place. They’re the ones who should be required to clean it up.

  40. Ross

    “Zookeepers of an ever-growing parade of white elephants.”

    When I heard that line, I flashed on Star Trek’s “Trouble with Tribbles”

    Hey, Mr. BofA CEO, can you open this here overhead hatch?

  41. KHarris

    Perhaps it’s just my midwest upbringing, but I cannot support strategc defaults or DILs. If someone enters into a mortgage contract, he/she should be expected to abide by the terms. It is unconscionable that people, who have the ability to pay, would walk away from their obligation to pay.

    Yes, banks and mortgage brokers have contributed to this mess through “creative” financing, overlending and outright fraud. It’s a shame our gov’t bailed them out. However, some people just made poor investment decisions. There is no guarantee of a positive ROI. If strategic default catches on, it’s the honest, mortgage-paying folks who will suffer, through higher taxes and less services. The slackers get to wait out the turbulence and get back into a house in 4-6 years. It should be more like 10 years.

  42. Susie

    Great discussion!

    I just read a CNN/Money article entitled: “The Economics of Ditching Your Mortgage”. Here’s the link to the article:
    http://moremoney.blogs.money.cnn.com/2010/05/07/the-economics-of-ditching-your-mortgage/#comments

    And one of the comments I noticed was from San Diego:

    “I also did a shortsale recently on my condo which I owed 275K on and sold it for 160K. I put down 20 percent on my condo when I bought it and unfortunately the value went down a whopping 60 percent through no fault of my own! It was a VERY difficult decision that I had to make, but it was the best decision I have made. I agree that if the banks can make financial decisions based on their best interests by refusing to cut principal or modify loans, then we have a right to make decisions based on our best financial interests and well being. I could rent a townhome for a lot cheaper than my mortgage on a smaller 2 bedroom condo. I feel no sympathy whatsoever for the banks. They don’t feel any sympathy for us. They are protecting their bottom line. It’s time that we protect our own. Posted By BG San Diego, CA: May 7, 2010 3:34 pm”

  43. justme

    GameAgent, JimTHERealtor, Local Boy…thanks!!

    Looks like this discussion hit a nerve. Jim, for fun you could take a survey, private or not, on this where your readers stand and post the results. Not trying to make work for you though.

  44. real estate guy

    hey jim

    26.”If this really catches on the real estate recovery could be a long way away.” my comment
    Your reply to my comment:

    “I disagree.

    I hope it spreads like wildfire so we can take our medicine and be done. I guess the banks/gov’t cartel see it otherwise.”

    Not sure you really understood my comment.I am not saying it is a bad thing for it to happen.I agree with you that it would be the best thing that happened if we flushed the system.I’m just saying that if the people keep defaulting it will take years to work through the inventory.

  45. pemeliza

    I think if the strategic defaulters took the first 20% loss by losing a traditional down payment perhaps few if any people would have a problem with these people giving the house back to the bank. Barney Frank, are you listening?

  46. nc

    All walk away are Dead Beats .

  47. Jimmy James Jr.

    @KHarris,

    Regarding: “Perhaps it’s just my Midwestern upbringing, but I cannot support strategic defaults or DILs. If someone enters into a mortgage contract, he/she should be expected to abide by the terms.”

    As a fellow Midwesterner, let me help you out a bit here.

    The mortgage contracts of many states ALLOW for people to stop paying their mortgages with LITTLE OR NO LEGAL repercussions. One major downside, of course, is how the default will be reflected on their credit scores, which can affect individuals negatively for future purchase, for getting jobs, et al.

    In fact, in non-recourse states, mortgages payments are slightly higher to GUARANTEE the right to stop paying the mortgage. So, by exercising their rights to walk away they are INDEED “abiding by the terms” of the contract.

    JJJ

  48. Jim the Realtor

    real estate guy,

    I understood your comment, and disagree. If there was a program that allowed for strategic defaulters to hurry it up, I think we could sell ’em as fast as they could process them.

    Not everyone comes to the conclusion to default for the same reason, or at the same time, but if there was some sort of amnesty program that allowed for them to all hit the market quickly, we’d sell them. How many are there?

    Since 1/1/08 these are the trustee-sale results in SD County:

    Back-to-bene = 33,334
    3rd party buy = 4,943

    Total = 38,277 or 1,367 avg. per month

    There were 73,959 sales, or avg. 2,641 per month, on the MLS during the same time. Could we handle 50,000 REO listings over the next 2.5 years? I think so, but it would likely push out the regular sellers who would hesitate on listing for a sharper price.

    At least in San Diego we could use more well-priced inventory – we could easily absorb another 500-1,000 REO listings per month in this county today, at today’s prices. If supply overwhelms demand, price will fix it – bring them on, and let’s find out!

    Here are the April attached and detached sales in SD County:

    2000 – 3,186, $168/sf
    2005 – 4,160, $367/sf
    2010 – 2,793, $242/sf

    My second remark was my hope.

  49. Local Boy

    JJJ–Right you may be, but it is HOW someone walks away that counts in my books. If someone can make the payments, then they should make those payments until they can arrange to deed the property back to the bank–if the bank refuses the DIL, then yes stop making payments–it is the bank’s choice to go the foreclosure route. At that point, do NOT delay the foreclosure and vacate without bringing in the Marshall. Furthermore, leave the home clean and in good condition with all fixtures in tack.

  50. Jimmy James Jr.

    @ Local Boy,

    I understand that “how” matters to you, and I appreciate that. However, (a) if you have paid for a right, to allow yourself to be foreclosed upon, and (b) decide to exercise that right, then the reason you exercise it is really moot. The contract doesn’t really consider the societal or economic costs or implications of the individual’s decision, which is what bothers many posters here.

    Strategic defaults certainly enjoy a benefit past the point they stopped paying their mortgage. And, it seems obvious to me that whomever holds the mortgage enjoys some benefit from having the home occupied. At the point the mortgage holder incurs more costs than they do benefits, they the mortgage holder should take possession.

    I suspect that there are many reasons the mortgage holders have been slow to take possession. One big reason I have read is that the faster they take properties back, the sooner we’d know the amount of bad paper on their books. So, maybe their slow paper shuffle is purposeful. If so, statements from Jim the Realtor about “wild fire” (with which I entirely agree) might just be scaring the pants off the people holding the paper.

    JJJ

  51. Local Boy

    JJJ–Your point has been well taken, contractually those who walk away are not crimianals. The debate has been over “morals.” The problem I have are with those who, while they are “Walking Away,” choose to strategically take the bank for what they can. They can delay the foreclosure process to remain in the house as long as they can for FREE. They can sell their appliances on craigslist prior to foreclosure–after all, it is still their house, nothing illegal with that!!! Legally, while “Walking Away” they can plug up the tubs and sinks and let the faucets flow, after all it is still their house! How about moving out and renting the house to an unsuspecting family–I have seen first hand ALL of those examples. Morally, it is about HOW they Walk Away!

  52. real estate guy

    I keep hearing all these vague comments about how much a foreclosure will effect your credit score.Are any of you familliar with any real numbers?

    If you are worried about your credit score than a deed in lieu would be the better way to go.for those who think free rent for a year has more value than feel free.

    Do any of you know what accounts for acceptance of a deed in CA? In CA the grantor only needs to sign a deed.So what accounts for acceptance?If you fill out a deed, have it notarized and send it certified mail will that work?

  53. GW

    To those commenting that it’s OK to default and give the property back to the back – when the market rebounds, be sure to share your gain with your lender when you sell your home. With the losses banks are having due to the RE downturn, is it beyond Congress to force Borrower’s into a ‘profit sharing’ plan with your lender? If the bank is expected to shoulder the loss, why should you get to keep all the gain? Maybe if you walk away, you should be relegated to ‘renter class’ the rest of your life since debtor prison no longer exists. But then who would the banks lend to?

  54. Jimmy James Jr.

    @ real estate guy,

    Professor Brent T. White (the gentleman that 60 Minutes used in his piece) appeared a few times on NPR over the past few months. On one show, called Talk of the Nation (see below), he addressed some of the credit issues one could encounter related to strategic defaults. However, since he is not a credit expert, I only recall him mentioning general credit issues (problems) that one could experience.

    Here is White on All Things Considered in December 2009.

    Professor: Some Homeowners Better Of Walking Away
    http://www.npr.org/templates/story/story.php?storyId=121911468

    Here he is White on Talk of the Nation in January 2010.

    http://www.npr.org/templates/story/story.php?storyId=122573604

    By the way, Jim the Realtor’s title for this story is certainly apropos, “Strategic Defaults Go Mainstream.” 60 Minutes sure has revealed its “mainstreamness” by being so far behind the times regarding this discussion.

    I remember watching 60 Minutes decades ago, when they’d be leading it. Morely needs to retire.

    JJJ

  55. Art Eclectic

    GW – the bank was the one who failed to do their due diligence when it came to the loan. They tossed lending standards into the bin, handed out jumbo loans to anyone who could fog a mirror and were more than happy to give people enormous sums of money without any income documentation.

    They deserve everything they get.

  56. Jimmy James Jr.

    Banks? Losses? They are back-stopped by Freddie and Fannie for their current loans. All taxpayers are footing this bill, whether we own property or not.

  57. tj & the bear

    Jim’s nailed it again… if everyone underwater walked away then the flood of inventory would “normalize” prices overnight, and everyone that wants a house would buy one — myself (and shadash and CA Renter and erica and on and on and on) included.

    The only thing that would be in short supply would be Jim himself!!! 🙂

  58. stevea2z

    Actions without consequences lead to more insanity.

    Bring back the Debtors Prison. Problem solved!

    Oh wait, we can’t because that would make people accountable for their actions and that isn’t very loving.

  59. Fred

    Bring back non-securitized direct lending. Debtors prison won’t be needed.

  60. pemeliza

    “They deserve everything they get.”

    Including the massive taxpayer handouts?

  61. Art Eclectic

    Pemeliza – those taxpayer handouts, while patently offensive at first glance, were to cushion 401k’s and pension funds.

    Had the big pension funds been disallowed from investing in the FIRE sector, we would have been able to let these guys fail.

    We weren’t bailing out the banks, we were bailing out the retirements of millions of Americans. Which should never have been allowed to happen in the first place.

  62. CA renter

    Absolutely right, tj!

    We refuse to play this game as long as everything is being manipulated against us.

    Bring on the foreclosures already!

Klinge Realty Group - Compass

Jim Klinge
Klinge Realty Group

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