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Walking way from a home and a mortgage

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Not every homeowner in financial trouble is eligible for President Obama’s housing plan. So what are the rest to do? Some ideas from the New York Times’ ‘Thoughts on Walking Away From Your Home Loan’:

... The consequences of giving up on your mortgage may not be as painful as they were a few years ago. Yes, it’s almost always preferable to negotiate a better deal on your existing mortgage than to walk away. But if you can’t work things out with your lender, you probably won’t be sued. You shouldn’t receive a major tax bill either. And the damage to your credit will not be permanent or insurmountable.... First off, let’s define what we mean by “giving up” 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 “deed in lieu” in industry terms). Then, there’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 you’re ineligible under the Obama plan doesn’t mean that your lender or servicer won’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 they’re willing to play chicken with their lender and threaten to stop paying.

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It’s worth a read for anyone facing this decision. Some additional points worth noting: Lenders can’t 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 won’t be the only person out there searching for a rental with marks on your report.

--Lauren Beale

Thoughts? Comments?

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