
There’s been a lot of talk of “strategic defaults” on home loans. These are loans where the buyer may have the money to continue paying the mortgage, but their home’s value has plummeted so much that they’ll never recoup their losses. Average house prices in 2009 decreased, and in some foreclosure prone areas a home may have lost from 30 to 50% in value. Thus, homeowners faced with that bad news opt to walk out of the mortgage, default on the loan, and start over – making the bank take the financial hit for the loss is home values. Is this really smart? Before you consider taking such drastic measures, there are some things you may want to consider first.
What Will It Do To Your Credit?
In a society that increasingly relies on a good credit score to determine your trustworthiness, a strategic default may still leave a blight on your credit record. You may have difficulty obtaining loans for cars, a new home, and even getting a job as some employers now check your credit scores. Unless you’re independently wealthy, a strategic default is going to have a dire impact on your ability to get future financing on many things.
Will You Owe Taxes?
Maybe the lender will stop coming after you for a monthly payment, but the IRS may start to hound you for the difference in what you owe and what the bank paid at auction for your home. If you borrowed $250,000 and the house was valued at $200,000 and sold at auction, even if it was to the bank that issued the mortgage, you may have a deficit of $50,000 that can be viewed as income by the IRS in some states.
Watch Out for Deficiency Judgments
In addition, the banks or other collectors may try to seek deficiency judgments in court, causing you to not only undergo a foreclosure, and later a bankruptcy, to keep from losing everything. Even if you agree to let the bank keep the home, you must get it in writing that the account is settled in full. Otherwise, if the deficiency amount is sold to collectors you will continue to be hounded until that amount is either paid up or written off in bankruptcy.
Seek Legal Counsel
Even a decision that seems right can have vast implications going forward. If you’re considering foreclosure, always seek legal advice first to keep from being surprised later on. Make sure you understand the tax and debt ramifications of such a move, before opting to just simply walk out on your mortgage. It could be that it’s a better idea to hold onto the property five to ten more years and then sell it, once the market improves in your area, versus waiting seven years for a blot on your credit score to clear. Once you understand all the impact this decision will have on your future financial security, you will be more confident that the decision you make is the best for you and your family, and not just an easy out of a tough, and somewhat temporary, situation.