Strategic Defaults

Interesting discussion. It's not often that it's the banks who fail to read the small print and end up getting scr*wed. The fact that lenders have realized that they can walk away from the debt with no re-course, and many are choosing to do so, is a risk the banks took when they initially made the loans. They should have been more diligent at the outset.
 
When we lived in Houston years ago, people were walking away from their houses.

If the bank repossesses and sells at a loss to them, they could go after the previous owners for the balance or forget about it and the debt is effectively forgiven.

A debt forgiven is income, according to the IRS. You must pay taxes on it in the year it is forgiven.

Now, the creditor does not have the option of paying off, say, a $200,000 shortfall a month at a time. He must pay the IRS maybe $70,000 all at once ($200k at 35%).

I gather this is not often done, but it is there.
 
You guys are right regarding the forgiveness of debt in general. However our glorious leaders have decided that up to $2 million of forgiven home-related debt should not be treated as income. The Mortgage Forgiveness Debt Relief Act and Debt Cancellation

So I'm sure this just serves to amplify the strategic defaulting. Many would think twice about defaulting on a loan with a $2 million deficiency if they were going to face a $700,000+ tax bill. That was actually one of the big sticks in the lender's tool box to force deadbeats into paying. Ie pay your debt or we are going to write it off and let Big Mean Uncle Sam come knockin on your door to [-]break your knee-caps[/-] collect their tax.

The housing racket is a pretty good casino. You make a ton of money on a house, the income is tax free. You lose a lot of money on the house and have millions in debt forgiven, you owe no tax on the forgiveness. Plus interest on the house is deductible. Anyone else wondering why we love houses so much?
 
I would look at defaulting borrowers and say they are not creditworthy (in hindsight of course). Whatever reason for the default, it is a default. But yes, I understand the distinction you are making between those who simply don't have the cash flow available to service the mortgage versus these "strategic defaulters" that are making a financial decision to not pay the mortgage in spite of their ability to pay it.

What is rarely mentioned is that so many of the deadbeats with an income took the adjustable rate for several years to enhance their standard of living with way below market rates. Those folks should be considered as opportunistic scammers for their gambling at our expense. I know of more than 1 person who enjoyed 2.5 to 3.5 loans on a 3 to 5 year step up. Shame on the banks for offering those terms at all ever!
 
FYI, The Mortgage Forgiveness Debt Relief Act of 2007 eliminate the Federal income tax on forgiven mortgage debt. As long the amount forgiven is under $2 million. So don't try this with your (formerly) $10 million house with $9 million mortgage. Interestingly enough even under the old rules if you declared bankruptcy at the same time, they IRS didn't treated the debt as being income.

The forgiveness law is suppose to expire on Dec 31, 2009, but I would be shocked if it doesn't get extended by Congress. Note you still may owe state income taxes, since many states didn't go along with the change.
 
What is rarely mentioned is that so many of the deadbeats with an income took the adjustable rate for several years to enhance their standard of living with way below market rates. Those folks should be considered as opportunistic scammers for their gambling at our expense. I know of more than 1 person who enjoyed 2.5 to 3.5 loans on a 3 to 5 year step up. Shame on the banks for offering those terms at all ever!

I described my Niece house purchase a couple of years ago. He is a minister, and she does tutoring, teachers aide,some tax stuff, and home schools her 3 kids. A terrific hardworking couple in their late 20s that give very religious Christians a good name.

They sold a house in Arrowhead (ski resort area near LA) about 4 years ago near the top of the market. He went back to school to get his masters. A couple of years ago they bought a house in Riverside, CA ground zero for foreclosure. A very nice place 10 years old, across from a park, nice neighborhood 2,000' sq, pool. Formerly it sold for 620K, they bought it for 300K. He lost his job this past Sept, and they discovered that house had dropped from 300K to 240-250. Actually the Realtor said they could probably get offers in about 20-30K higher than that but it wouldn't appraise above 250K. Fortunately, they found a buyer, but I suspect they will owe a bit a closing. Which they will pay.

Even more fortunately he found a better minister job at higher pay in Chico, Ca (Northern California). So once again they are going be buying a house, (even after losing 60K...). I doubt that there credit score is going to be positively impacted by paying the mortgage which legally didn't have to do.

I going to urge them to consider a ARM (despite the low interest rates) with as low a down as possible, to give them the option of a strategic default, if CA Real Estate continues to fall. I believe as long as Banks allow folks to continue to borrow money at really low rates with relatively modest penalties for default, we are foolish to not take advantage of it.

My position and evolution is the same as Sam (I just got there a few month earlier). As bank owner, I want banks to maximize their profits within the limits of the law. I expect individuals to minimize their costs and losses as long as they do so legally.

Both side need to take into account the long-term consequences of short-term actions. So for banks, foreclosing on Xmas day is really stupid, as is refusing to negotiate with folks trying to make a mortgage work. For individuals walking out of mortgage for less the $10,000 is stupid because of the credit score impact.


As a society, the housing market is filled with perverse incentives which makes it very expensive for lenders and borrowers to do the morally correct thing. We need to very quickly either fix these incentives, (my first choice) or accept that people are going to act their own financial best interests.

Which means we need to stop casting moral judgments on both borrowers and lenders when the do so. So no more getting angry at banks foreclosing, jacking up interest rates and fees, buyer getting a new mortgage and than strategically defaulting on there old one, or living in the house rent free tell they are evicted.
 
I have a very close friend of mine who is 61. He worked all his life and spent more than he should have. Now he tells me that he's working off the books and stopped paying his mortgage and is trying to do a loan modification via his bank.

He also put a phony claim into SS for a bad back saying he can't work any longer. He even had a buddy of his whose an orthopedic surgeon fill out papers saying he's completely disabled.

I tried to talk to him about this but his answer to me was the following. He said he was sick and tired of everyone else getting a free ride and now it's his turn. He brought up a few other guys we know that are out on phony injuries from the Police and Fire Depts. These guys are getting over 100K a year and there isn't a thing wrong with them.

So I can see his point but ya gotta put your head down on the pillow at night, no?

Seems a lot of folks are trying to get a piece of the Obama pie.
 
Seems a lot of folks are trying to get a piece of the Obama pie.
Well, I wouldn't lay this situation at the feet of President Obama. But, I do think it's fair to say that the more we encourage people to be dependent on the government, the more people will see that others are getting a bigger slice and see no reason not to do the same.
It's interesting to see the situation in the small, poor countries when the government artificially limits the price or provides subsidies for the price of a few things (usually it is bread, tortillas, gasoline, etc). Sooner or later, without fail, there will be riots in that country when there is a shortage of the artificially "cheap" commodity, or when the government allows the prices to go up slightly. People take to the streets with bricks and torches, mad at the government. But, in places where prices are at the market level, riots are a lot less frequent. When everyone understands that the prices (or whatever) are responding to market forces, then there's much less of a political element to things. On the other hand, when the game is changed and prices are seen as evidence of a political decision by the government, then it is logical and right to take to the streets to have the decision changed. The more government is involved with setting prices, handing out goodies, picking favored businesses, etc, the more people will see the government as the crux of their problems.
 
It's one thing to want a piece of the Obama pie and quite another for those who will not get any that I pity. If this "what can I get philosophy of greed and screw your neighbor" continues, we may become a nation of oldsters very quickly as our youth immigrate away from a debt load that is unsustainable. Australia, Canada and New Zealand all have openings for our educated youth and they welcome talent and have much more conservative spending and debt policies. Just one more thing to contemplate.
 
Well then Connie, you can pity me as I'm not getting any of it. I went back to work PT because of the losses I had in the market in the last year. I didn't fall down at work, take out a mortgage and say I can't pay it or tell SS to send me money for no reason. I'm just plugging away like most honest folks.
 
Well then Connie, you can pity me as I'm not getting any of it. I went back to work PT because of the losses I had in the market in the last year. I didn't fall down at work, take out a mortgage and say I can't pay it or tell SS to send me money for no reason. I'm just plugging away like most honest folks.

I truly doubt if you need or want my pity, rather I admire what you have done. If the market slide had continued I would have been evaluating my options as well. I frankly do not want to go back to work but do find that the better option to gaming the system. Congrats to you for having a sound set of ethics! I hope the PT work is enough till your portfolio recovers and hopefully it will be soon.
 
Crazy Connie,
Like you, I object to anyone breaking the law or the applicable regulations in order to cheat the system. And, when it comes to private charity or help from friends, I'd need to be in deep need before taking it. But, when it comes to government giveaways, I would now urge people to take every nickel they are legally allowed to get. They should modify their behavior if it makes sense to get every drop. We and those who follow us will be paying higher taxes and will have a lower standard of living for decades as a result of the current government policies. Not taking the money is exactly the same as not taking a legal deduction on one's income taxes. Why would anyone do that?
Again, if this were charity I'd feel entirely different. But it's not.
 
In an honest world I agree with you Sam. Problem is tons of folks are taking advantage of these give aways. Including Banks, Auto Companies, regular people who can game the system, etc.

I know a lot of people who taking advantage of what's going on right now. On the other hand I can't think of anyone who is getting help that really needs it, although I'm sure there are.

I get as pissed as you do about it but it is what it is I guess.

It also gets me mad that my buddy is gaming the system and laughing about it. What should I do, end a 40 year relationship over it?

Also, friends of mine who are X cops and firemen are the biggest offenders. Getting tax free pensions and SS for no reason at all. I'm not saying all of them but once again I know a bunch of them. When we are together they laugh about it while I'm paying to support them. Not too many jobs where you get hurt and get a tax free pension. If a painter is hurt on the job do we pay the painter millions of tax free dollars along with free medical for the rest of their lives.

Sorry, just venting I guess.
 
What is rarely mentioned is that so many of the deadbeats with an income took the adjustable rate for several years to enhance their standard of living with way below market rates. Those folks should be considered as opportunistic scammers for their gambling at our expense. I know of more than 1 person who enjoyed 2.5 to 3.5 loans on a 3 to 5 year step up. Shame on the banks for offering those terms at all ever!
"Shame on the banks for offering those terms at all ever." You are right, BUT the gov't allowed them to do it. That's really the part that needs to change, IMHO.

If I bought a house for, say, $600K with no money down or even with 10% down ($60K), if the house value tanked by 30% ($180K under water) with the prospect of my option ARM recasting (which most likely will require me to come up with the $120K plus some), I cannot really justify not walking away if this was a no-recourse loan. Seriously. I would hate to do it from a moralistic point of view (I've been taught that I pay back what I owe, plus I have no admiration for the people who *work* the system.) but I would probably still do it if the rule said I could. I could totally live with the fact that I had made a poor choice out of greed and got myself out of it in a not so honorable way.

I don't consider myself a scammer. Far from it. Anyway, in 2004 during the housing frenzy in CA, I *almost* bought a house. My RE agent was saying 70% of Californians were going with less than 20% down and going ARMs since the housing prices were so high that people couldn't come up with the 20%; besides, ARMs has much more attractive rates. By my RE agent, I was introduced to a W*F* bank loan officer which gave me a very attractive Option-ARM deal. I cannot remember if it was my agent who said this or the loan officer but they were saying there was only so much land in the prime part of CA where they can build houses so don't worry; RE prices will keep going up and by the time your ARM resets, you have enough equity built in the house even with a no interest loan that you could refinance for a smaller mortgage in a few years. My question then was well, what if the housing prices tanked and instead of going up?? Oh they won't tank, not in CA. I'd day you see what happened in Japan? They still haven't recovered in 15 years. And they would say oh that's because the population is decreasing there, it won't happen here, etc, etc. The house I would have bought would have been in a jumbo loan range, and I would have had to carry a 2nd mortgage and the loan officer was saying I could borrow money from it to do renovation for the house etc... Imagine that. They were saying, well think about it, you would get a huge tax break with all the interest you would be paying. I still wasn't convinced. The loan officer even paid money to send me to a financial firm to do some tax consultation to see how much money I would be saving by buying a house. In those days (2003/2004), the mantra was "only the poor and the fools would rent. RE is an investment", etc, etc.

Anyway, I am a fairly conservative person. An average person probably would have bought a house then. (I was really really close to getting caught up in this stuff too.) I am soooo very glad I had a better sense than an average person. Before talking to W*F* bank, I thought if the bank said you were loan worthy up to so many hundreds of thousands of dollars, you really were. Interestingly, BofA weren't so generous with their loan approval process as W*F*.
 
Well, I could never figure out how anyone who makes a mistake thinks it's OK for someone else to pay for it. It takes all kinds I guess.

If I remember correctly it's called "buyer beware". Not, it's OK if you're a Dummy, someone else will pay for your mistakes. Sheeesh!

Also, no the government didn't allow the banks to do it. The greed of customers made it all possible and the bank folks just cashed in on the stupidity.
 
I am kind of in both camps.... not looking kindly at people who walk away from their debts... but also in the camp that this is a business decision... and the law allows this to happen...

If you were running a business and you had an asset that was not 'productive' for the costs.... and you could get a similar asset for a lot less... and your debt was non-recourse.... you would be a fool not to get the cheaper asset...


I also think that the banks should stop lending in the states that do not allow recourse... or the banks should require a larger down payment... or get the law changed...

This is exactly how I feel.
 
"Shame on the banks for offering those terms at all ever." You are right, BUT the gov't allowed them to do it. That's really the part that needs to change, IMHO.

.

There is really so much blame to go around it boggles the imagination. You are right that government regulators were suppose to stop much of this madness, but I'd be a hypocrite if I didn't point out that myself and almost all other Republican, along with most Independent and many Democrat were arguing we need less government regulation and we should free business to compete.

I think millions of Americans did things that were generally illegally, (or should be) and almost certainly unethical. What bothers me is that while many have suffered financially, precious few have been sued, and almost none prosecuted. And even those who suffered financially with a foreclosure/strategic default maybe be better financially than those who played by the rules. Starting at the bottom, I'd like to see at least some of these people punished.
Bankers/Customers

  • Folks who lied on their loan applications despite the statement in big red letters that read "I certify under penalty of perjury that all of the information on this loan application is correct".
  • Mortgage brokers/loan officers who encouraged people to borrow more than they could and assisted with fraudulent loan applications.
  • Their supervisor who pushed people for more volume forget the standards.
  • Bank executives who punished any internal whistle blowers (audits, risk management)
  • Bank CEO and their boards who were paid big bucks to know better.
Appraisers

  • Real estate appraiser who gave inflated value in order to get more business
  • Rating agency who give in to pressure from investment banks to rate pieces (tranches of) sub-prime mortgage securities as AAA.
  • Insurance companies traders and execs who insured mortgage products and there derivatives.
Wall St., so many areas it is hard to know where to start but here are two.

  • Selling sub-prime MBS to conservative investors and institutions, while your trading operation is creating a net short position on the same securities.
  • Giving out massive bonus before your companies goes bankrupt
Government/Regulators again so much blame it is hard to narrow it down.

  • Office of Federal Housing Enterprise Oversight the folks who regulated Fannie and Fred. Honestly, they should have fired everybody in the department and forced them to get rehired.
  • Last but far from least. The bipartisan push by Congress to encourage home ownership, weaken bank regulation, and lower lending standards.
One of the big ironies I find in this whole situation is despite the size of the crime committed the penalties are so rare and so minor. If an average person walked into a store and found nobody was there, while some would be tempted to steal most would not steal anything. I think this is due to two reason, first stealing is pretty black and right wrong it is hard to rationalize, but more importantly the reward a few hundred worth stuff is quite small compared to the penalty a big fine, felony conviction and possibly jail.

In contrast the reward in financial crimes are large and rationalize has become fairly easy. None of the case we read about involve amounts under $10,000,e.g. 6 months of living rent free in foreclosed McMansion, strategic default wiping out hundreds of thousand of debt, doing a refi and buying the BMW, and taking Hawaii vacation while you home goes into foreclosure, pension fraud of thousands per month for life. . Loan brokers making tens of thousands and often hundred of thousand in commissions, Wall St. types make million or even tens of millions in bonuses. It is understandable why people would do these things.

What I don't understand is why the penalties are so light. You lose your house that after refi twice you've taken out $100K in cash out and your credit gets hurt for 7 years. You lose your job as mortgage broker after help hundreds of people commit perjury on their applications. You lie about the risks of MBS to customers, and you probably get a promotion but worse case you get the axe.

I wonder what happen if the penalties for 100K mortgage fraud theft and stealing $100K from jewelry store were the same, or selling a $1 million of toxic securities was the treated the same as selling $1 million in cocaine....
 
Very well said, clifp.
 
If I had read that article several days ago, I could have save myself lots of typing.

They have two choices: live nobly and get screwed, or adopt the amoral norms of their counterparties. It has taken some time, but we are all coming around to the only supportable view. “It’s just business,” we shrug, even if we never wanted to be businessmen.
 
If I had read that article several days ago, I could have save myself lots of typing.

"They have two choices: live nobly and get screwed, or adopt the amoral norms of their counterparties. It has taken some time, but we are all coming around to the only supportable view. “It’s just business,” we shrug, even if we never wanted to be businessmen."

I'm glad I had that high horse moral crap smacked out of my head at an early age. Makes it easier to swallow the bitter medicine surrounding us.
 
I'm sorry but you would have to be living in la-la land if you are unaware of the tax implications of doing a short sale. I don't own a house or even have a mortgage but I was aware of it.
 
So, to paraphrase one of the stories: Ms. Richey stopped making payments on her mortgage, discovered she has a lot more money to spend, is planning a cruise, and now has a bigger, nicer house. And of course is very happy about this lifestyle change.

In other words, "Screw everyone else, suckers! Oh, and by the way, here is my new address if you'd like to pay me a visit." (!)
 
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