Skip to search.

It's Okay To Walk Away: Let's End The "Morality" Double-Standard On Mortgage Defaults

Posted Aug 25, 2010 10:36am EDT by Henry Blodget in Recession, Housing

More and more commercial real-estate companies are doing what many indebted homeowners would like to do: Walk away from mortgages on properties that are now worth a lot less than they paid for them.

Today's Wall Street Journal highlights three major developers - Macerich, Vornado Realty Trust and Simon Property Group - that have recently decided to default on mortgages.

When companies do this, no one bats an eye--it's just "smart business."

When ordinary homeowners think about doing it, meanwhile, the mortgage industry and government begin moaning that a mortgage is more than a business contract. It's a social contract, in which homeowners have a "moral obligation" to pay.

That's bunk. An individual mortgage is no different than a corporate mortgage. If corporations are allowed to walk away from mortgage obligations without feeling shame and guilt, then individuals should be able to do so, too.

The contract homeowners sign when they take out a mortgage spells out exactly what happens if the homeowner stops making payments on the loan.  The lender has the right to foreclose on the house, taking the homeowner's downpayment with it.  In addition, the borrower's credit rating will usually get destroyed, and, in some states, the lender can come after his or her other assets to recoup the capital the lender has lost.

Those are big penalties.  They provide a major incentive for the borrower to continue making his or payments.  And that's why the lender, a corporation, put them in the contract.

Importantly, the lender voluntarily entered into the contract--and it did so because it thought doing so was a smart business decision. That it actually turned out to be a lousy business decision is not the homeowner's fault. It's the lender's fault. And the borrower, who is already feeling plenty of pain his or herself, should not have to bear the burden of guilt and shame on top of everything else.

Thinking about walking away from your mortgage? Here's what you should consider >

___

Follow Yahoo! Finance on twitter_logo.jpg Twitter; become a fan on facebook_logo.jpg Facebook.

 

Go to Tech Ticker
110 votes|Recommend this

521 comments

  • 0 users liked this comment Please sign in to rate this comment up. Please sign in to rate this comment down. 0 users disliked this comment
    Thomas Mon Aug 30, 2010 03:38 pm EDT Report Abuse
    An interesting article but the author totally fails to mention the crucial distinction in commercial mortgage financing between "recourse" and "non-recourse" lending. What he is describing holds true on 'non-recourse' lending and those loans are much more expensive, typically used on larger properties, and much harder to find relying almost exclusively on financing via capital markets (which have been virtually non-existent in the last three years).

    Recourse financing which is more typical on commercial construction financing, smaller projects, and acquisition loans are more like home loans in that there is no limit to the banks' ability to come after all assets (including personal) and to obtain deficiency judgements against the individual in the event of a foreclosure.

    A commercial property owner with recourse financing can't simply 'walk-away' without serious implications that could likely lead to bankruptcy and this is much more analagous to a home owner whose financing is also "recourse" meaning that the lender can file suit for a deficiency judgement if it so chooses or if it learns that the owner has other assets.
  • 1 users liked this comment Please sign in to rate this comment up. Please sign in to rate this comment down. 1 users disliked this comment
    WalkTheTalk Mon Aug 30, 2010 02:29 pm EDT Report Abuse
    People
    Organize
    Look for Underwater Mortgage on Facebook and act with power as a group.
  • 1 users liked this comment Please sign in to rate this comment up. Please sign in to rate this comment down. 0 users disliked this comment
    John Mon Aug 30, 2010 08:34 am EDT Report Abuse
    Quit paying underwater mortgages and usurious credit card companies.
    Instead, buy put options on SPY and call options on SLV.
    Down with the banksters.
  • 3 users liked this comment Please sign in to rate this comment up. Please sign in to rate this comment down. 0 users disliked this comment
    TheAnswerIsLiberty Sun Aug 29, 2010 07:17 pm EDT Report Abuse
    except that the lender is not really on the hook. we are, because our government has decided that no bondholders in Fannie and Freddie should lose their money, although no promise of such protection was ever given.

    a dumb way to run a country
  • 4 users liked this comment Please sign in to rate this comment up. Please sign in to rate this comment down. 0 users disliked this comment
    T Sun Aug 29, 2010 08:35 am EDT Report Abuse
    Great article! As extreme as this might be it will purge the system sooner of more of the "pending" defaults that have been "held" on the sidelines. Owning a home has been "sold" to the American people using deceptive business practices on the side of the government = (Wall Street) and the mortgage industry. They have taken care of their own now its time for the "little guy" to do the same -- it's the American way - everyman for himself -- (the system is beyond broken it is corrupt). If our leaders were calling for real investigations of the criminals that created, manipulated, and profited from the housing bubble I may feel differently but they are not, in fact they received a bail out -- did we? Google IMF and housing tax deduction -- the day may come in the near future when the government takes their advice and takes that away from us too! Banks/Gov have cruelly played around with people's lives -- how many have heard of "extend and pretend" ... walk, I say walk!
  • 3 users liked this comment Please sign in to rate this comment up. Please sign in to rate this comment down. 7 users disliked this comment
    Dollar 50 Sun Aug 29, 2010 08:15 am EDT Report Abuse
    If you need a loan to buy it, you can't afford it.
  • 3 users liked this comment Please sign in to rate this comment up. Please sign in to rate this comment down. 7 users disliked this comment
    Ed and Cindy Sun Aug 29, 2010 08:04 am EDT Report Abuse
    You're totally wrong & obviously have NO idea what happens to the rest of the area by suggesting people do this. Here in MI where I'm a real estate we are seeing 1960 - 1970 prices in some areas. In my county overall 1990 - so if you bought your home 15 - 20 yrs ago you are underwater. Btw no matter what the press says a small % were job losses & we never saw price increases like other areas. When banks foreclose they market the home for much less than what's owed thereby forcing more underwater. The only way to stop the sinking ship is for everyone to stay still - folks this is very bad advise & will bankrupt this country.
  • 0 users liked this comment Please sign in to rate this comment up. Please sign in to rate this comment down. 5 users disliked this comment
    nothankyou Sun Aug 29, 2010 07:44 am EDT Report Abuse
    oh also, I sure hope your son has applied for benefits with Social Security and any other Government Agency that can help him.
  • 1 users liked this comment Please sign in to rate this comment up. Please sign in to rate this comment down. 0 users disliked this comment
    Md. Fahim Anwer Sun Aug 29, 2010 07:30 am EDT Report Abuse
    hy thanks for nice vedio
  • 5 users liked this comment Please sign in to rate this comment up. Please sign in to rate this comment down. 6 users disliked this comment
    Union Buster Sun Aug 29, 2010 07:13 am EDT Report Abuse
    TO ALL: The ONLY thing you are OWED in life is for your mother and father to raise you right! Other than that, youre on your own and you reap what you sew! You get out of life what you put in to life! You should EARN and WORK for what you get rather than be a parasite to hard working taxpayers!

Post a comment

Sign in to post a comment, or Sign up for a free account.
Quotes delayed, except where indicated otherwise. Delay times are 15 mins for NASDAQ, NYSE and Amex. See also delay times for other exchanges.

Quotes and other information supplied by independent providers identified on the Yahoo! Finance partner page. Quotes are updated automatically, but will be turned off after 25 minutes of inactivity. Quotes are delayed at least 15 minutes for NASDAQ, NYSE and Amex. See also delay times for other exchanges. Real-Time continuous streaming quotes are available through our premium service. You may turn streaming quotes on or off. Fundamental company data provided by Capital IQ. Financials data provided by Edgar Online. Historical chart data and daily updates provided by Commodity Systems, Inc. (CSI). International historical chart data, daily updates, fund summary, fund performance, dividend data and Morningstar Index data provided by Morningstar, Inc. Analyst estimates data provided by Thomson Financial Network. All data provided by Thomson Financial Network is based solely upon research information provided by third party analysts. Yahoo! has not reviewed, and in no way endorses the validity of such data. Yahoo! and ThomsonFN shall not be liable for any actions taken in reliance thereon. All information provided "as is" for informational purposes only, not intended for trading purposes or advice. Neither Yahoo! nor any of independent providers is liable for any informational errors, incompleteness, or delays, or for any actions taken in reliance on information contained herein. By accessing the Yahoo! site, you agree not to redistribute the information found therein.