Twelve Non-Recourse States Lets You Walk Away From Your Mortgage

Paper Money PlaneRefinancing now is generally a wonderful idea as jumbo loans are back to all time lows in 2015. That said, what happens if you are so underwater on your mortgage that you feel it doesn’t make sense to continue paying anymore because you don’t think value will ever recover? Banks have become so annoyingly stubborn regarding allowing underwater homeowners to refinance, that you might have a better way.

Have you ever wondered why there have been so many foreclosures in states such as California, Arizon, and Nevada? I’ll tell you. If you live in one of the 12 “non-recourse” states of Alaska, Arizona, California, Connecticut, Idaho, Minnesota, North Carolina, North Dakota, Oregon, Texas, Utah, and Washington you are potentially in luck! If you so happen to own property in one of these states, and have substantial assets elsewhere, you can legally hand over the keys to the bank and exonerate yourself from the mortgage with no penalty against your other assets!

AN EXAMPLE OF GETTING IN OVER YOUR HEAD AND BAILING

You have a million bucks in the bank and you bought a house for $800,000 several years ago by taking out a $750,000 mortgage. Real estate market crashes and the value of the home is now $400,000. You’ve already paid $50,000 of the mortgage principal over the years.  $300,000 of your mortgage is now unsecured ($700K mortgage balance – $400K value of property), which means your house is now an under-secured debt. Because you live in a non-recourse state, if you turn over the collateral (your house), your lender cannot collect on the $500,000 unsecured debt. The lender assumed this risk when they approved your mortgage application, and you can walk away with your $1 million in cash and live happily ever after.

However, say you bought the house for $800,000 with a mortgage of $300,000, and then a few years later took out a second mortgage worth $500,000. Real estate market crashes and the house is now worth $100,000, leaving you upside-down on the house by $300,000. If you turn over the house, you can walk away from the first $300,000 mortgage, but you’re still liable for the second $300,000 mortgage. Since you no longer have the collateral, the second mortgage is now an unsecured debt.  Unsecured debts can be discharged in bankruptcy.

BANKRUPTCY OPTION FOR REAL ESTATE

If you want to file for bankruptcy, the $1 million cash is a problem. Since you’ve got the cash on hand, the court is going to say you have to pay back your second mortgage. But who has $1 million cash in this economy?  More realistically, you have $1,000 cash.

If your income is above the median, you are eligible for a Chapter 13 bankruptcy. In a Chapter 13 bankruptcy, the debt is not completely erased, but is instead consolidated and restructured into an affordable monthly payment. The debtor creates a three to five year affordable repayment plan to pay off a portion of the total debt.

If your monthly income is below the median for the state you live in, you are eligible for a Chapter 7 bankruptcy, which is a total liquidation and discharge of all of your debts, including the $300,000 second mortgage. The slate gets wiped clean and you get a “fresh start” to start rebuilding your credit. You are eligible for a new FHA home loan 2 years after your bankruptcy is discharged.

If your creditors are harassing you or if a creditor has served you with a court summons, if you’re facing a repossession or foreclosure, or you are only making the minimum balance on your credit cards, you should seriously consider filing for bankruptcy. If you feel like your finances are way outside of your control, bankruptcy is the “fresh start” you need to get your financial health back in your own hands.

Most bankruptcies are caused by one of three events: loss of job/failed business, medical emergency or family emergency.  You may have been living within your means just fine, but then you lost your job and defaulted on a payment.  One missed payment can change your interest rate from 8% to 39%, causing your debt to quickly mushroom out of control.  Perhaps you or a loved one suffered a heart attack, resulting in thousands and thousands of dollars of medical bills that you simply cannot manage.

IS IT RIGHT OR WRONG TO WALK AWAY IF YOU CAN AFFORD IT?

There are actually plenty of people in California who have substantial assets who are simply walking away from their mortgages.  Financially, it makes sense, especially if they’ve put very little down. Legally, they have every right to walk away as well.  After all, the banks performed due diligence and made the decision to lend you money. Nobody forced the banks to do anything, as perceived profits are what drove them to lend.

Sure, for the first 5-10 years, your stellar 770 credit might get trounced to 570. But, if you have another fine property you are living in, and another vacation home down in Malibu, what do you care whether you can’t get more credit or not? You’re already living the dream and catching a break from an investment property that went sour.

Now that the economy has recovered and the stock market is at record highs (S&P 500 over 2,000), those who walked away from their properties in 2008-2010 have not seen a rebound in net worth. If you are going to buy property, buy property and hold on for the long term. Transaction costs are a killer, and selling during downturns not only wipes out your equity, but may permanently leave you behind for the rest of your life.

RECOMMENDATIONS TO BUILD WEALTH

* Shop Around For A Mortgage: LendingTree Mortgage offers some of the lowest refinance rates today because they have a huge network of lenders to pull from. If you’re looking to buy a new home, get a HELOC, or refinance your existing mortgage, consider using LendingTree to get multiple offer comparisons in a matter of minutes. The Fed is signaling interest rate hikes by 2016 due to inflationary pressures now. When banks compete, you win.

* Manage Your Money In One Place: Sign up for Personal Capital, the web’s #1 free wealth management tool to get a better handle on your finances. You can use Personal Capital to help monitor illegal use of your credit cards and other accounts with their tracking software. In addition to better money oversight, run your investments through their award-winning Investment Checkup tool to see exactly how much you are paying in fees. I was paying $1,700 a year in fees I had no idea I was paying.

After you link all your accounts, use their Retirement Planning Calculator that pulls your real data to give you as pure an estimation of your financial future as possible using Monte Carlo simulation algorithms. I’ve been using Personal Capital since 2012 and have seen my net worth skyrocket during this time thanks to better money management.

Updated 2H2015

Regards,

Sam @ Financial Samurai – “Slicing Through Money’s Mysteries”

Sam started Financial Samurai in 2009 during the depths of the financial crisis as a way to make sense of chaos. After 13 years working on Wall Street, Sam decided to retire in 2012 to utilize everything he learned in business school to focus on online entrepreneurship. Sam focuses on helping readers build more income in real estate, investing, entrepreneurship, and alternative investments in order to achieve financial independence sooner, rather than later.

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Comments

  1. Wiley Coyote says

    Almost funny reading some of the comments here. Many Bible quotes and morality inferences. Really, People?
    Its a mortgage using real property as the collateral!
    No more, no less.

    I can assure everyone that in the USA mortgage lenders do not utilize the Bible, the Koran or any other religious tome in their construction of financial instruments.

    Real Estate mortgages are offered and granted (or not) as a result of utilizing experience combined with hard nosed financial due diligence, and the contracts are overwhelmingly advantageous to the Lenders, not the Purchasers.

    Listen closely now – the mortgage is ONLY granted after the Purchaser qualifies for the deal with Down Payment or whatever is demanded by the Lender. The list of qualifiers and codicils takes 10 minutes to read, only if you don’t pause while scanning the document.

    If the Purchaser “Defaults” in any manner – if they stop paying property insurance, property taxes, trash the property in a manner that causes significant loss of value, or become delinquent beyond 60 or 90 days, the Lender has solid legal standing to evict the Purchaser and take the property as their own.
    And the Lender will care not one iota about where the person or family will live after they snatch the property.

    That’s it, Boys and Girls.
    The Lender receives the documented property if the Purchaser defaults.
    That’s the remedy for the Lender, plain and simple.

    There are no after life penalties. The sky does not fall.
    Your first born will not be taken.
    The Four Horses of the Apocalypse do not come thundering after the Purchasers in default.

    So tell me, please: why is it “morally OK” for the Lender to evict a Borrower family for late mortgage payment – a situation typically caused when all other options are exhausted, and all savings are gone – but “not OK” if a Borrower chooses to remove the untenable burden of a hopeless mortgage property by Walking Away before their lives are ruined?

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