LyrArc Article Gist
Advice on walking away from a home loan when you are way under water, and it makes no sense to keep writing checks, and when government help is not there as you are way under water. Martin Feldstein had warned abut this as a major cause of rising foreclosures from early last year. Now without government help this looks like a rising tide for many homeowners under water. This financial planner says its feasible, and may make sense. He talks to the Mortgage Bankers Association, and a spokesman there tells him that its cost prohibitive for a bank to chase down a borrower in financial difficulty. And some states have laws that prohibit banks from going after borrowers for the remainder after foreclosure, including California and Arizona, two of the worst affected. And a lawyer arranging the foreclosure, can put in writing a waiver for this. For the tax impact, he says recent laws eliminate a federal tax through 2012 on most primary resident debt that a lender has reduced through loan restructuring, or forgiven through foreclosure. And states like California and Arizona have passed laws echoing these federal rules. Then there is the question of credit. Yes, its impaired for about 7 years. But with so many in foreclosure there may be an effort by credit unions and financial institutions to destigmatize borrowers who have foreclosed. A law Professor at George Mason University says credit scores will have to be adjusted to lessen the impact of a foreclosure, as this does not carry the information value in 2009 that it would say in 2005. And with so many people in foreclosure there is an emerging market here, according to credit union lender BECU in Washington state. If other than foreclosure you have good credit, its not going to be a big issue, says the director of the Rental Property Owners of Michigan, especially as good tenants are not that easy to find in this difficult economic environment anyway. What this suggests is that many will take this option and foreclosures will rise for the rest of 2009, especially if the job losses go on for longer in the range of 400,000 to 600,000 that we have seen for the last 4 months. Changes in the bankruptcy laws and restructuring the loans on that basis, or government help to those under water in some future plan that lowers payments to something in the range of 30-40%, are ways in which this can be averted. But with job losses of this magnitude a lot of people would end up in serious difficulty, and consider the foreclosure option.