Millions of Americans are
now deeply underwater on their mortgage. If you're among
them, you need to stop living in a dream world and give
serious thought to walking away from the debt. No,
you shouldn't feel bad about it, and you shouldn't feel
guilty. The lenders would do the same to you—in a
heartbeat. You need to put yourself and your family's
finances first.
How widespread is this? More
than 11 million families are in "negative equity"—that is,
they owe more on their home than it is worth—according to a
report out this week by FirstAmerican Core Logic, a
real-estate data firm. That's a quarter of all families with
mortgages. And for more than five million of those
borrowers, the crisis is extreme: They are more than 25%
underwater—the equivalent of having a $100,000 loan on a
property now worth just $75,000 or less. That's true for a
fifth of mortgage holders in California, nearly a third in
Florida and an incredible 50% in Nevada.
Are you in this situation? Are
you still battling to pay the bills each month, even when it
may make little financial sense to do so? It's time
for some tough talk. Stop trying to chase your lost
equity. That money is gone. Don't think like the gambler who
blows more and more cash trying to win back his losses.
That's how a lot of people turn a small loss into a big one.
And do the math. Even if you hope the real estate market is
near the bottom—it's possible, but by no means certain—it
may still take years to see any meaningful recovery. If you
are 25% underwater, your home will have to rise by 33% just
to get you back to even. Is that likely? And over what
time period? Even if home prices rose by 5% a year from
here, that would still take six years. And during that time
you could instead be building fresh savings elsewhere.
If you are reluctant to give up
on "your" home, realize that it isn't "yours." If you are in
negative equity, it's the bank's home. You're just renting
it. And right now you may be paying way above market rates.
You need to be ruthless about your cash flow.
Are you worried about the legal
consequences of walking away? Certainly, you should check
with a lawyer before doing anything, but the consequences
will probably be more limited than you think.
In "non-recourse" states, the
mortgage lender may have no right to come after you for any
shortfall. They may have no option but to take the home,
sell it and eat the loss. According to a survey last year by
the Federal Reserve Bank of Richmond, such states include
negative-equity hot spots California and Arizona. Even in
"recourse" states, lenders may have limited ability to come
after you. Often they'd have to jump a lot of legal hurdles,
and it's just not worth it for them. They're swamped with
cases anyway.
"In my experience, right now
they're not really going after anyone," says Richard Nemeth,
a bankruptcy attorney in Cleveland. "They just don't have
the resources."
If you've taken smart steps to
protect your money, you may be safer still. For example,
money held in a 401(k), Individual Retirement Account or
pension plan is sheltered from creditors.
Sure, a strategic foreclosure
may hurt your credit score. But if you're in financial
difficulties, it's probably already suffered. And your
credit score is not the only thing in life that matters.
Still, when it comes to the idea
of walking away from debts, many people are held back by a
sense of morality. They feel it's wrong to abandon their
obligations. They don't want to be a deadbeat. Your
instincts, while honorable, are leading you astray.
The economy is fundamentally amoral.
Sometimes I think middle-class
Americans are the only people who haven't worked this out
yet. They're operating with a gallant but completely
out-of-date plan of attack—like an old-fashioned cavalry
with plumed hats and shining swords charging against machine
guns.
Do you think your lenders would
be shy about squeezing you for an extra nickel if they
thought they could get away with it? They knew what
they were doing when they wrote your loan. Many were guilty
of malpractice, but they pocketed good money and they've
gotten away with it. And if they thought your loan was "risk
free," how come they were charging you so much more than the
interest on Treasury bonds?
If you're only a small amount
underwater on your mortgage, it's probably the case that
you're going to be better off staying put. But if you are
deeply underwater, it's a different matter.
Whether we like it or not,
walking away from debts is as American as apple pie.
Companies file for bankruptcy all the time, and their
lenders eat the losses. Executives and investors pocketed
millions from the likes of Washington Mutual, Lehman
Brothers and Bear Stearns when the going was good. They
didn't have to give back one cent of that money when the
companies went into bankruptcy.
Limited liability, after all, is
one of the main reasons every business from your local
dry-cleaner to a major multinational gets incorporated in
the first place. They're not shy about protecting themselves
if things go wrong. You shouldn't be either.
Write to Brett
Arends at brett.arends@wsj.com
