Are Mortgage Defaulters Getting a Pass?

Don’t just walk, skip (Photo: Getty Images)

It appears not paying your mortgage won’t hurt your credit as much as you think.

The New York Times reports that banks, in an effort to boost their credit card business, are courting customers who decided to default on their home loans. So-called “strategic defaulters,” who walk away from their mortgage loan because they owe more than their house is worth, are now apparently considered to be good potential customers. Voluntarily choosing foreclosures was once seen as financial suicide. It was assumed that banks would shun those that didn’t end up paying back their home loans. But it turns out that was more of a threat by the banks. That’s good news from the millions of Americans who are underwater on their homes. But if banks are truly giving strategic defaulters a pass that could lead to a new wave defaults, and more pain for their mortgage lending divisions and the housing market in general. This seems like another dumb move for the banks and for our economy. Here’s why:

The banks’ credit card businesses have taken a hit from the recession and new financial regulations. So they need new customers. The question is where will they get those customers. In the past two years, many people have had problems paying off their debt. Others are already over leveraged. So in that context it would seem that people who walked away from their homes would make good candidates to be new credit card customers. First of all, they could have kept paying their loans. Second, most strategic defaulters are now all of a sudden much more debt free, especially if they chose to become renters.  That may mean they are even a less risky borrower.

The problem is that while there have been a significant number of strategic defaulters, there are millions more who are underwater and still paying their mortgages. On Monday, research firm Corelogic reported that there are nearly 11 million homes around the country that are worth less what borrowers owe on those houses. That was down from a peak of 11.3 million homes in the beginning of the year. But it is still a lot. According to Corelogic, 22.5% of all homeowners with a mortgage are now underwater. Worse, home prices have started to fall again. If values were to drop another 5%, Corelogic estimates the number of borrowers who owe more than they own would jump 2.4 million.

Not all of these people will end up defaulting. Many borrowers, out of love for their house or obligation, will choose to continue to pay even if it makes more financial sense to walk away. Still, we have come a long when from the moral outrage that was once associated with walking away from your mortgage. And that makes sense to me. When a bank makes a home loan they should realize they are taking on real estate risk as well as credit risk. They share the risk of falling home prices along with the consumer. So individuals should have a right to stop paying on their mortgage if it will improve their finances. If banks want to keep them paying, they should have to offer incentives, like the very good Responsible Homeowner Reward Program.

Yet, I think shunning those customers that do end up walking away from their mortgages is a good thing as well, for the banks and for the economy. For the banks, even offering tacit approval for strategic defaulting seems like another dumb move. Even if many of the loans were sold off to investors, banks lose money when people stop paying their mortgages. And while I haven’t done the numbers, my guess is that they would lose more money from the added defaults than they gain from the new card business.

Second, one of the problems that led to the financial crisis was too much risk. Strategic default should be one of the mechanisms that helps to deleverage the economy. But if the people who walk away from their mortgage just become the pool from which banks pitch high-cost credit cards, then financial healing process we need won’t happen.

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  • paulejb

    Banks probably figure the government will launch another bailout for those who are so irresponsible that they can’t or won’t pay their bills. In the current culture those who are responsible and live within their means are suckers.

  • 94134gamesmith

    Gamesmith94134: Are Mortgage Defaulters Getting a Pass?

    “According to Corelogic, 22.5% of all homeowners with a mortgage are now underwater. Worse, home prices have started to fall again. If values were to drop another 5%, Corelogic estimates the number of borrowers who owe more than they own would jump 2.4 million.” STEPHEN GANDEL
    The coming year, the Blobal economy will suffer the gambit on the long-term interest rate after the effects on the QEII. The earlier eruption on the dumping the bonds bought its ten-year bond to 2.98% and it was just the beginning of it. It will depend on the flight on the over-heated commodity market and the capture on inflation from those Emerging Markets. So, the heated money is going on a free ride or a free fall, the situation on the interest rate can be the monitors on the values on the currencies and assets that each nation wants to sustain.
    Currently, Australia and China want their interest rate ran on the level that prevents the growth to be choke off; then, Dollar is on the rise and it would keep it higher till trade deficit exploded. We cannot export and we must import in order to monitor inflation; and the dumping of our bonds again can be disaster to the world economy in the second half of 2011. Then, everything is going to be revaluated, even on our present interest rate setting both long-term and short-term. Eventually, the double-dip will come.
    As for the housing, there is no escape for those under the water, or the bank can yield more without going to the bottom line; if there is no legislative measure to create a safety net to compromise like a write off or some creative refinancing. Momentarily, there will be no relief from unemployment then, and the estimate from Corelogic would come true and real. The values were to drop another 5%, and those owe more than they own would jump 2.4 million. Eventually, the budgetary measures under the guardian of the Republicans would find revenues with higher tax and more jobs will be cut, and to unemployment will rise again.
    Seriously, I think Mr. Obama have made a bad decision on the trade off in the partisanship. Regardless, how sweet he would suggest the middle-class and the poor would benefit, his short-sightedness would definitely cost us dearly in a long run. We cannot even see the change on unemployment at any better in the coming April or October when the estimate of the budgetary office is out; but the debtors and our interest rate demand a value system that QEII cannot pin them down. It is all negative effects based on the assumption the relief that would not come to reality by 2012. If Mr. Obama is gambling on being reelected, or outcry blackmail of the Republicans, we would not hear a pin drop after 2011; why push it? Now, I would pray that it was all my assumption of disaster that we may never have to escape. And, for God’s sake, more American will be better off and currencies war can be conquered. Suddenly, everyone can find job. All values on housing and currency will be sustained. It is a happy ending.

    May the Buddha bless you?

  • ps56penn62pr64

    For Time Magazine senior writer covering real estate, economics and Wall Street, Stephen Grandel’s understanding of the banking and monetary system is surprising.

    When he says, “Even if many of the loans were sold off to investors, banks lose money when people stop paying their mortgages.” does he mean they suffered loss of money, or do they fail to make a profit from the unpaid interest on these mortgages?

    Banks do not lose any of their own money, because they have none of the own money in the game, and depositors money is insured by the government-guaranteed FDIC. So when people walks away for their mortgages, the only loss to the bank is future unpaid interest, and the bank becomes the owner of real property.

    The Federal Reserve and the banking system are not government agencies, they are profit making machines that are based on simple counterfeiting. The Fed simply creates bank credit out of nothing, using it to purchase government bonds that the banking system uses for reserve deposit, multiplying the credit with fractional reserve lending procedures. With the exception of coins, all US money is created as the principal of loans. As everyone knows, these loans must be repaid, requiring all of the money the banks created by the loans. The problem in the system is, of course, interest, since banks only create the principal of loans and the government does not issue any other money, there is no extra money to pay the required interest. Viewed as a whole, loan contracts are impossible to fulfill.

    Using the law and the courts to enforce impossible contracts is fraud.

  • johnarendsen

    This is very disturbing and only exacerbates an already pandemic problem. “Spiraling Flakedom”. Looks as though the banks are giving a free pass to all the flakes who couldn’t pay their mortgages or shouldn’t have even attempted to purchase their home in the first place.

    In the meantime here sits all the good guys with their heads in the sand continuing on to pay their debts honestly and diligently. With this type of lending practices common sense has to tell us that it won’t be long before Dudly Do Right just says “F” it and throws in the towel as well. Why not? What’s the incentive in being honest and diligent when you can just walk away from your obligations, take a little hit on your FICO score and go right back into the bank with your hand out.

    I see this syndrome doing nothing but spiraling downward ever increasing our personal bankruptcy rates which could pale our foreclosure default debacle by comparison whence those enabled and emboldened flakes start opening their statements and realizing that they are once again in over their head and bale.

    Who gets hurt? Not the banks to big to fail. They just keep getting more handouts from “Big Brother” It’s many of the merchant account holders who have recourse agreements with the banks and end up having to step up after the flakes rear their ugly heads in the retail arena. This will lead to more retail store closures, more layoffs and un-employment and a further weakening of our global economic stature and downgrading of our international creditworthiness.

    Sounds loony I know. But just wait and watch. If in 2005 you would have ever attempted to tell folks that we were heading into the biggest RE and financial abyss since tie “Great Depression” they would have had you committed.

    Once a Flake always a Flake. It’s kind of like a drug addict. Where do they get their next fix? Or in this case hand out. And once again it will be Big Brother to the rescue.

    Whew! Where does this all end? Who’s has the leadership conojes to step up and tackle this mess head-on. Moreover who has the intellectual, academic, financial and hands on experience and insight needed to sort through this mess? I certainly haven’t seen anyone on either side of the isle.

    In the meantime what I do see is a stronger Asia and Middle East with governments and leadership tooling up their nuclear arsenals and war machines and playing socio-economic and political that continues to devalue our dollar by the day.

    It’s a whole new world and we’re seeing it unravel by the day. Wake up America before it’s too late if it’s not already.

  • johnarendsen

    Should have proof read a little more closely. The second to the last paragraph should have ended “playing socio-economic and political ping pong with the west”

  • 94134gamesmith

    Are Mortgage Defaulters Getting a Pass? They would definitely get the pass because there is no crime committed and repayment is not enforceable. They may get a bad credit score for future, eventually we must forgive them when time comes for a new house. Perhaps, we must look into the reality of housing with another perspective that property like houses are part of the commodity that running scarce, and its price escalates based on the availability of land and housing development. Our government of States and City depends on it for revenues and more population may expect the support of the growth and development.
    Why not we recycle housing? It benefits the middle-class and cuts the upper-class from aggregated wealth. If every house is sold on a 59 years lease and when it is sold on the market. The price is current with the reminder of the 59 years, so, the price is cheaper. After 59 years of lease is completed, it will be resell by Uncle Sam for another 59 years. The price of the reminding would be cheaper for the middle-class; and the property tax will be reassessed.
    Since I experience the S&L and the foreclosure of the present, I notice the burden fell on the middle-class; and the upper-class paid off theirs. If we complain on the polarization of the rich and poor, it is the best we can equip with the middle-class and eliminate future imbalance on the price and value on housing; and the estate tax can be cut too.
    I understand that my son is not going to purchase a house based on his income and credit, it could happen to many college graduated workers. I am not a socialist but the polarization of the rich and poor will be a problem and it will grow bigger if the assets of American is not being examine whether we can treat housing a part of the commodity that our government owns and monitors.
    Mortgage defaulters get a pass of not, the bank or the market cannot resolve this based on the laws of availability; but it is necessary for the government to standardize the enforceable measures on the continuing problem whether the culprit is the defaulter or bank; or even our housing agencies.
    Uncle Sam buy all the foreclosure and set on the plan that recycles the housing like commodity; an property for 59 years is a life time enough; and it help my children to afford their dreams that our Congress can legislate and approve. It is a hope to resolve the present foreclosure. Consequently, such pass would make housing easier for most want to buy a house, and the chances for the polarization of the rich and poor would be scaled down automatically. Or, let the foreigner buy them and sell them at a discounted price, and depreciated our valued dollars.
    May the Buddha bless you?

  • http://ryan1111.wordpress.com ryan1111

    WRONG ANSWER. Let’s start with your fatal flaw. “When a bank makes a home loan they should realize they are taking on real estate risk as well as credit risk.” Bull Pucky. When a bank makes a mortgage, they sell a mortgage backed security on the backend.

    Since the premise is wrong. Is the conclusion wrong? If I’m a bank and I see a family that has a jobs and good credit rating except they have decided to walk away, do I think “for the good of the country and the economy I should forego providing them credit and loose out on the interest and fees” or do I think, “hmmm…they defaulted on some other bank’s mortgage, I should start getting some of that freed up money.” There is only one right answer.

    The tone of the article strikes me as a desire to punish those who walk away. Time for you to grow up and join the thousands of Americans who have put aside their childish fancies when it comes to housing. If a business deal goes south, you cut your losses. A mortgage is nothing but a business deal. When Morgan Stanley defaulted and walk away from commercial real estate in San Francisco, there was no whining about a free pass. It was a calculated risk assessment. The sooner people realize banks have no moral obligation to them so they have no moral obligation to the bank, the better off they will be.

  • gooce

    Thank you, thank you, thank you ryan111. You have more sense then all other posters combined. The rich restructure their debt and modify their loans every day and that includes walking away from their obligations if it’s in their best interest to do so.

  • waltwriston

    Let’s not forget who started the “credit craze.” One of if not the most important things a bank should, could and does practice….if they’re value driven. Is to access risk! Housing prices would have never went up if CDO’s and CDO Sqr’s etc… should have never come to market!

    Talk about pyramiding money!

    The banks were snared by their own hubris!

  • waltwriston

    Oh yeah I read that piece on repealing tax breaks! Gee huge estate taxes given, and people may be facing deducting interest payments from government benefits. Oh and who were the FOA? i.e. Countrywide.

    Go vote the bums out!

    Sooner or later you’ll all learn that the masters vote for you and by you. Anyone who thinks that “your vote counts” better take a serious mental check of the state of the world!

  • lawgrace

    Scores of homeowners do not contest foreclosures because:
    1. They don’t have knowledge of the law in order to recognize which aspects of foreclosure are legally challengeable or even fraudulent.
    2. Even those who identify wrongdoing, lack funds to pay for attorneys to represent them.
    3. Homeowners are told to come to foreclosure auctions with money that they do not have, so they stay away from foreclosure auctions.

    These homeowners are oblivious about sometimes “straw buyers” and sometimes lawyers in charge of foreclosures, obtaining illegal ownership of people’s homes, and pay literally nothing through “credit bids;” and that those recorded deeds from such auctions are Null! For these very reasons, there needs to be a probe of lawyers who file foreclosures.

    Also, the average lay person doesn’t know about legal requirements of “standing” that prevents their homes from being repossessed via non-existent lenders, or via lenders who have no ownership of promissory notes.

    Yet, courts are supposed to enforce “standing” and compliance with established laws! Illegal, defective, fraudulent foreclosure causes useless deeds for property sales; title insurance denials –and more!

    Further, after certain foreclosure auctions (via simulation) result in fraudulent –NOT lender acquisitions, by lawyers or straw buyers, the common scenario becomes property flipping, neighborhood blight, rodents, and so on!

    *Sample of fraudulent foreclosure acts:

    -Deliberately use defunct lenders, lenders without “standing” for false civil and bankruptcy foreclosure proceedings
    -Create and conceal malpractice foreclosure delays and engineer billable litigation
    -Orchestrate sham foreclosure auctions; property never acquired by lenders, but ‘straw buyers’
    -Commit actionable wrongs (unfair debt collection, fraud, various torts) that create lawsuits
    - Foreclosures naming defunct lenders, illegally recorded property deeds, flipping, blighted communities
    -Unconscionably create false deficiency judgments against property owners after straw buyers acquire homes for pennies on the dollar
    -Intentionally false Bankruptcy court “Motion to Lift” and “Proof of Claim” on behalf of non-existent lenders which conceals fact of a “non-secured” mortgage debt
    -Involved in fraudulent collection of property damage insurance, as well as mortgage-default insurance
    - Fraudulent foreclosures abet loss of property taxes to city revenue, and invites rodents, vagrants
    - Thousands of families made unlawfully homeless from null foreclosure proceedings

    Foreclosure lawyers are officers of the court. Lawyers are required to know applicable laws and civil procedure. This knowledge is not required of mortgage lenders, nor loan servicers.

    *more @ Request for Congressional Foreclosure Panel to Examine Foreclosure Lawyers
    http://www.change.org/petitions/view/request_for_congressional_foreclosure_panel_to_examine_foreclosure_lawyers#

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