Wednesday, December 9, 2009

FACS May Disagree


Stop paying your mortgage.

That's the underlying message from a University of Arizona law professor, whose new paper is hitting a nerve as the nation's housing crisis enters its fourth year.

Brent White denies advocating walking away from a mortgage that is bigger than the value of a home. Nonetheless, he lays out a case of how it can be done, and his suggestions have gone viral, popping up online, in newspapers and on television.

White is hardly first to talk about the idea of walking away from a mortgage that is bigger than the value of a home. Nonetheless, his suggestions have gone viral and are popping up online, in newspapers and on television.

It's a move that can save some people money, but at the expense of wrecking their credit.

The topic is central to what's crippling the housing market: About one in four homeowners, or 10.7 million Americans, are considered underwater, meaning their mortgage exceeds their home value, according to real-estate information company First American CoreLogic.

In the markets hardest hit by the nation's housing bust — Florida, Arizona, California, Michigan and Nevada — the share of homeowners who are underwater is 40 percent.

"Millions of Americans would be better off financially if they did walk away," says White, who authored the paper "Underwater and Not Walking Away: Shame, Fear and the Social Management of the Housing Crisis."

What White is saying goes against everything that we've been taught about contracts. If you make a mortgage commitment, most people think you have a responsibility to pay.

On top of that, White suggests those who decide walk away should consider getting a new car or house before they default on their mortgage, which will constrain their credit.

Mr. White, here is my question to your cavalier media seeking agenda. While standing by your name as a Professor, aren't you advising clients to walk away from debt that may hold recourse? Mr. White may not be familiar with all the facts of recourse debt even in his own state of Arizona which is commonly mistaken as an anti deficiency state. In Arizona they have a unique definition of purchase money to any other state. Lenders only have recourse on non purchase money which can be defined in Arizona exclusively as 'Cash Out.' With that said, if there is a potential for recourse (Arizona also carries a 2.5 acre property recourse law) and Professor White is advising homeowners to walk away? I believe because of the nature of his job status he may be taking a huge public liability. Of course we should show some sense of forgiveness, after all he is only an ASU professor.

Just teasing Sun Devils! I wish you all the luck, Foreclosure Alternatives are always the way to go!

-Christopher Rockey

No comments: