Just stop paying your mortgage
January 5, 2009
If you are a mortgage holder
who is either struggling with crushing payments, bitter for having
overpaid for your home during the bubble, or who has extravagantly
refinanced when prices were rising, the government's landmark $700
billion bailout package has an important message for you: stop
making your mortgage payments . . . immediately. Furthermore, if you
believe that with some planning and sacrifice you may be able to
meet your mortgage obligations, the government's message is clear:
relax, don't bother.
While angry voters have labeled the package as a bailout for Wall
Street, it is more akin to a “Get out of Jail Free” card for anyone
who acted irresponsibly during the boom. Here's why.
Nobody likes foreclosure, least of all politicians. The new law
clearly indicates that the government will make major efforts to
reduce foreclosures through “term extensions, rate reductions and
principal write-downs” of the troubled mortgages that it buys from
the private sector. In other words, your new landlord will bend over
backward to keep you in your home. The legislation telegraphs this
by including a provision that extends until 2013 the exclusion of
loan reductions from taxable income.
When a financial institution holds a mortgage, homeowners must
live with the fear of foreclosure. Private institutions only have
obligations to shareholders. In the case of a defaulting borrower,
they will look to recover as much of their principal as possible. If
foreclosure is their best option, they will take it in a heartbeat.
The government has no such obligations. Its only goal is to keep
voters happy. After supposedly bailing out the fat cats on Wall
Street, no politician wants to be accused of evicting struggling
families. Once you understand this, all of your anxiety should melt
away. Why pay your mortgage if foreclosure is off the table, and if
you know that lower payments, and possibly a reduced loan amount,
would result? A tarnished a credit rating is a small price to pay
for such a benefit.
Unfortunately, this boon will not extend to those foolish
individuals who either made large down payments or resisted the
temptation of cashing out equity. The large amount of home equity
built up by these suckers, I mean homeowners, means that in the case
of default foreclosure remains a financially attractive option. As a
result, these loans will be much less likely to be turned over to
the government.
If your mortgage does become the property of Uncle Sam, the
growingly popular impulse to “just walk away” should be replaced by
“just stay and stop paying.” No one will throw you out. After a few
months, or years, of living payment free, you will get a call from a
motivated government agent eager to adjust your loan into something
affordable.
To bolster your bargaining position it will help to be able to
claim poverty. As a result, if you have any savings, spend it soon,
before they call. Buy a bigger TV, a new wardrobe, or better yet,
take a vacation. After the hardship of spending all of your refi
cash, you probably deserve it. If you have any guilt just remember,
Washington argues that consumer spending is the best way to
stimulate the economy. Living beyond your means is a patriotic duty.
If you do get the opportunity to live for a while with no
mortgage payment, don't make the tragic mistake of using your extra
cash to pay down your credit cards. As the growing level of credit
card defaults will soon push credit card companies into bankruptcy,
we can expect a similar bailout plan for American Express and
Discover Financial. When that happens, expect massive balance
reductions for Americans who can demonstrate the inability to pay.
The bigger your balance, the greater the benefit.
Taxpayers, however, will not be so lucky. The savvy investment
strategists who see the government turning a tidy profit on its
mortgage purchases have not factored in the incentives that will
discourage nonpayment. The only way the government will be able to
profit would be to buy the mortgages at deep discounts to actual
loan values. However, if the purchase prices are too low, the plan
will bankrupt the institutions it is trying to bail out. On the
other hand, if it substantially overpays, which seems far more
likely, it will bankrupt the nation.
In any event, as more and more borrowers succumb to the allure
and safety of nonpayment, look for the number of troubled assets to
swell. This will ensure that the $700 billion merely represents the
first installment in what will be a multitrillion-dollar plan. Just
as government policies provided the primary impetus in blowing up
the housing bubble earlier in the decade, its latest attempt at
market manipulation will only result in making a terrible problem
far worse.
Your humble Ace Reporter
Bob