We’ve had another spate of articles recently about strategic defaults, a sign that banksters are worried that people are are going to strategically default. But this time, there’s a difference. At first, the news media told us that it was an offense against God and man to walk away from an underwater mortgage, and far too many people bought that foolishness, spending their retirement savings and beggaring their families to try to pay their debts. Banksters professed moral outrage at the idea that the little people would think about the possibility of not spending their lives paying off their masters. I saw it as part of the scheme to stick all the losses from the Great Crash on average people, and taxpayers.
Now the media are starting to figure out that maybe those early defaulters had a point; that there were good reasons to justify walking away; and that default is a realistic option. A recent article in the LA Times says that the houses with the greatest risk of strategic default are those with jumbo mortgages, mortgages securing loans in excess of $417, 000 prior to the Great Crash. In many areas, this is a reasonable amount for a nice, but not splashy house, meaning that the middle class is wising up.
Ultimately, strategic default for many owners boils down to a calculation: Are the costs, financial and otherwise, worth the relief from an albatross house and mortgage? If the Moody’s study is accurate, thousands of jumbo borrowers are struggling with that calculation right now, and a lot of them are likely to bail out.
That calculated “rational choice” stuff is pushed by the economics professors, all of whom teach about homo economicus, the oddball idea that people are rational decision makers. They tell their students and anyone who will pay attention that people make decisions just like banksters. That implies that the rational choice is strategic default: what is good for the Mortgage Bankers Association is good for underwater homeowners.
The news articles demonstrate my view that people are driven more by feelings and emotions than by rational calculations. This one says that the possibility of strategic default goes up when people know others who have done it. As more people walk away, more people learn that it can be done, and that they can live with the consequences. The article also says that people are more likely to default if their lender has been accused of predatory lending, if they do not know their lender, or if their lender has refused to cut a deal with them. That fits well with the views of University of Arizona law Professor Brent T. White, who wrote a paper, Take this House and Shove It: The Emotional Drivers of Strategic Default in 2010, based on the personal accounts of 356 individuals who wrote unsolicited notes to him after he published a discussion of defaults. White argues that if the rational calculation were the only important factor, people would walk away a lot sooner than they do. Instead, he sees
… the incipient strategic defaulter as deeply underwater, terribly anxious, hopeless, and frequently angry – subject, of course, to individual variation in intensity and sequence. This picture stands in contrast to the popular image of strategic defaulters as greedy, dismissive of the consequences of their actions to others, calculating and cold.
That picture of the greedy jerk, calculating and cold, indifferent to the consequences of their actions? That sounds like one of those Corporate Persons, like Bain & Co., or the quintessential homo economicus, Mitt Romney.
White’s paper includes a large number of stories about people who defaulted or were seriously considering it. White did an on-line interview with the Wall Street Journal, answering a lot of questions about defaulting. You can read that here. If you are underwater, I encourage you to take a look at these to see how other people are dealing with their problems.
White offers several policy prescriptions which have been comprehensively ignored by politicians. I have one myself: quit kissing the asses of your Wall Street contributors and deal with the problems you and they created. If you don’t, it’s going to get ugly.



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99ers have been cowed into thinking that they must pay their bills on time and honor their financial commitments. With good reason. The consequences of not doing so for them are dire.
But if you read anything about the rich (19C novels are a good source) you find an entirely diff standard for the wealthy. They routinely squelch on their bills.
Regular people, who care about being good moral actors, have been propagandized into having a certain view of debt. But a very wise man pointed out to me many years ago that anyone who loans money to allow purchases on credit knows there will be a certain proportion of defaults, and they charge more to everyone to cover that risk. So, there is no morality involved, just a payoff for a good, or a consequence for a bad, business decision on the part of the lender.
I have several friends (California) that are considering a strategic default. One element is to stop paying for the mortgage and taxes. One person I know lived in their house rent free for two years.
Hear-Hear! Twooph!
Yep. And if they knew the 2 things:
1 – that the bank might not even own the note and
2 – Banks/Vulture capitalists do the same thing but worse, by loading up debt on PURPOSE then walking away with a profit, destroying jobs along the way,
they REALLY might tell the bank “take this house and shove it – I ain’t paying you no more.”
What happens after a strategic default? Court? Jail?
masaccio,
I have to agree with you on the emotional side of this. However, most people have never had any experience in this kind of economy or the sort of criminal acts that have placed that yoke around their necks. When shown a way out of that yoke, people will rush to get away.
Most of the problems fall in the category of this is no longer a problem that harms just me, it harms my spouse and children, and the community at large. That is why I say that not only do people need to be aware that we are going to keep repaying banks for those mortgages over and over, but we will continue to have fallout for years to come over the over priced junk.
Your credit and FICO scores are ruined for life!
Good language , here. Well done. Another “Hear, hear”, and all that rot. Bankster rot, most especially.
They are not ruined for life, just 7 short years.
The Donald went bankrupt 3 times. Didn’t hurt him in the least.
When you sign a mortgage, you sign a collateralized debt obligation, in the literal sense of those words, unlike the scumbags on Wall Street that sign papers to sell somebody a tranched thingamajig that they don’t own the collateral for. Such an obligation says that if you don’t repay the debt, they get to keep the collateral. That’s all. Why should anyone go to jail?
There is a difference in a business/corporate bankruptsy and a personal one.
Donald Trump has never-ever filed a personal bankrupt writ.
I assume it depends too whether the strategic defaulting homeowner possesses a Recourse vs. Non recourse loan.
http://banking.about.com/od/loans/a/recourseloan.htm
It is a great option, but as I posted in my diary, the law is not that generous in many if not most states.
Folks can and do get stuck with the debt (the diff between sale price and loan amount – the “deficiency”) after the walkaway – and can only get rid of it in bankruptcy.
It was a long post and one of many on the process. http://my.firedoglake.com/papau/2011/10/01/you-may-need-a-bankruptcy-after-your-foreclosure/ In another post that I can’t find quickly I list the rules by state.
not that simple – the papers you sign provide for the possible “deficiency”
Ah, but if you were to ask him, The Donald would probably assure you that he is indeed his businesses.
After all, it allows him to claim that his name contributes $3B to his net worth.
(Although the reality is, he has taken his casino companies through bankruptcy at least twice and that has to be a hard trick to accomplish – taking casinos to bankruptcy)
What’s good for the goose …
I am hopelessly ignorant about these subjects so I may ask some really dumb questions. The first one is how is this essentially different from having your house foreclosed?
Yep! You said it. But tricks they are, and not for kids.
Plus, we must remember that the bankrupt laws were changed a few years back. Not the laws that protect businesses, but the ones that protect persons.
Now how all that is conveyed under the new and improved, “Corporations are People” garbage, I don’t yet. I am in search of a Corporate Tax person and a Corporate Attorney that can speak to all these questions.
Wikipedia: A strategic default is the decision by a borrower to stop making payments (i.e., to default) on a debt despite having the financial ability to make the payments.
Does this help?
There are no DUMB questions except the one that is not asked.
A foreclosure on a person still living in the home is supposed to be a lawful act that enforces contract law.
Walking away from a mortgage in these times is a totally different creature. First, the homebuyer is handing the home and note back to the bankers as if it were a bad car or Lemon.
ie: Not worth the money or defective.
If I’m reading it correctly, the mortgage issued on purchase is typically non-recourse, but if refinanced it becomes a recourse loan.
Link.
Yes, thank you. Are there no consequences for refusing to pay? With the exception of not having your house?
The bankrupt laws were changed under our most infamous President of late in the year 2005. It was planned so that creditors could make it a little harder on the regular folks to get out from under debt obligations.
http://www.nolo.com/legal-encyclopedia/new-bankruptcy-law-chapter-7-13-30040.html
You also lose your down payment and whatever equity you might have in the house.
The link from the WSJ provided in the post is really quite good at answering lots of questions.
Link
Seems to me that if it’s that easy, many people should be doing it because if the house is foreclosed I assume their credit rating would be in the tank anyway and they would still lose the down payment and equity.
The president had a bit of help from the now-Number 2, Senator MBNA, Joe Biden.
Link.
Quite a lot harder, actually.
There are numerous situations in which it makes sense to default strategically. Consider a family with two students in college and the main wage earner has lost his/her job and has taken one that pays far less. Rather than pay the monthly mortgage of, say, $3,000 — when similar houses are renting for only $1,500 — the family might be able to stop payments, live in the house for a year, and use the $36,000 to pay for tuition or pay down other debts.
Of course, every situation is different. Mortgages and bank policies differ from state to state. The key is for the homeowner to take matters into his/her own hands and carefully plan the best course of action.
But YMMV.
Everybody in D.C. knew by then that they had totally screwed the pooch, and that the economy was going into the crapper and would stay there for a long time. Thus, the urgent need to change the bankruptcy laws to make sure that regular people absorbed as much of the pain as possible. The most important changes were in the area of getting relief from credit card debt, as I recall.
Twain. Yes there are consequences refusing to pay. I know it all to well. I have no home. I have no credit. I have no desire for more than i need.I Live on a cash basis only. I know i will end up in a substandard hovel dieing from whatever. But i wont be supporting the mother fuckers of the universe. If the majority of America could find the balls to do the same we could see the crippling of TBTF.
And how about the possibility of “strategic default” of the Euro PIIGS, following the lead of Iceland? That will really make the banksters shit in their Italian suits.
And Joe Biden was instrumental in getting many of the major banks to set up shop in Delaware, where limits on credit card interest rates are virtually non-existent.
Sorry for the delay. Had to take the dogs out.
Of course! Besides, they already knew the housing stuff was about to hit the fan too.
Hear, hear.
definitely! Do you know of Corporate Tax and Law folks that can share insight and information with us here at the Lake? This stuff is so important for us.
That’s really patently untrue. Chances are you will be filing bankruptcy because otherwise they may come after you for a deficiency, unless you are able to reach an understanding with your servicer that you will give them a “Deed in Lieu” in exchange for a forgiveness of the debt or some such agreement. In any case, the bad credit rating will follow you for something like 7 years (It may be 10 years) but there is a light at the end of the tunnel. Also, if you file bankruptcy, you cannot file again for 7-10 years, so you get a lot of ads trying to get you to take that other bite of the apple. They practically beg you to take a credit card at the highest possible interest rate they can convince you to take. It doesn’t take that long to renew your good name and start repairing your credit rating if you really try.
My son recently did a strategic foreclosure with a Deed in Lieu; the bank gave him a check for $2K for vacating the property when he said he would and leaving the house in swept clean condition. They came to the house to inspect that he hadn’t gutted it on his way out the door, and they came with the check in hand.
Hear-Hear, and HUZZAH!
I am doing the same. Got rid of credit cards back in early 2000. Pay cash for everything, er what I can since I’ve been unemployed for so long.
Sheesh! Everybody knows you can repair the credit score. I was stating the only real obstacle was that people fear the bad credit rating.
Heck! Even Suze Orman is trying to change that by her newest venture in pre-paid credit cards.
The WSJ article with the interview with the law professor, though a year old, was really informative. I appreciated the cite. I never miss a day without checking in at FDL at least once, if not three or four times. You really assist me in sorting out the news. Thanks.
Yes, that’s how I remember it, too.
I really don’t consort with lawyers anymore, but my recall is that the 2005 changes were mostly directed at changing the law for individuals.
Really? Because your comment at #8 paints a much different picture.
Always ask yourself, “what would a corporation do?”. Then do it!
LOL. Persons are corporations. Of course. ;-)
Brent White answers a bunch of these questions in the on-line discussion I link.
Defaulting is something you do. You just quit paying. You stay in the house. You save the money you would otherwise pay on your mortgage to pay other debt, or save it so you can move when they eventually foreclose. Eventually someone will foreclose, which is the legal process for taking possession of their collateral. Then you will have to move. I know of several cases where the foreclosing party paid the homeowner to move out and leave the place broom clean.
This is one definition. White uses a broader definition.
Okay, so I left off the snark tag.
What is your problem? Twain asked about the consequences and if that included jail.
Boogedy-boogedy! No! WORSE! Your credit score is ruined for life! (snark)
Besides, Twain knows me and understands.
I’d also like to add to the conversation that people that have not yet refinanced may still have their original mortgage insurance intact. With that insurance, they can walk away immediately.
There were a number of changes which made it harder for individuals to file.
There were also a number of changes to the rules that benefited investment banks, the sections starting at 555.
This is such a pertinent topic for me at this particular point in time… The last three years have been absolute hell due to unemployment, and struggling with my wife to get our mortgage and other debts paid. Then, she decided to bail out last year and left me with the house. Values had fallen so much that there is no equity in it to be had, so she just signed it over.
With that said, I struggled most of last year to continue making payments… Last month, the thought occurred — why bother??? The mortgage is through Bank of America. Good old BoA refused in November to help me try to restructure some other unsecured debt. What it amounted to is that for the next few years all I will be doing is working to pay BoA so that Brian Moynihan and his brethren can get their big honking bonuses.
So, I made the decision to default. I sure feel a whole bunch more at peace, and I am not going to be victimized any longer.
One of BoA’s collectors called the other night and I really had some fun. She started off rapid-firing questions at me, but I told her before I would talk to her that I absolutely needed to know that she was with BoA. I asked for her employee number and she provided it, and the thought occurred that she actually works for FIA Card Services. I began asking her questions about that and she really got flustered! She hung up!
It was fun!
Your story sounds like the stories in White’s article. Good luck.
Thanks to bogus and difficult to correct child support BS. I have had unrepairable credit for decades (the case is long closed but on the books which kills any credit).
Maybe I’m naive, but I have always considered the whole “credit rating” system to be a scam to begin with. I use a prepaid debit card with direct deposit (when I was working) or the credit union.
Paying something like $250k for a $100k house to “save money” has never seemed like a deal to me.
My late father-in-law was the about the richest guy I knew and he agreed 100%. He bought his car and his condo with cash and actually rented in his early years (as head of new product design and foreign relations at Kodak).
He told me the best way to save money was do not finance period.
Actually the first mortgage can cause a def. I would call a lawyer before making any decision.
But a Bankruptcy in most states clears it – indeed that is likely to be true in all states – but again contact a lawyer.