Strategic Default--Two in Ten Mortgage Defaults are Strategic Defaults
Posted By on Aug 31, 2010 5:17pm PDT
According to Experian* strategic defaulters are defined as homeowners who choose to default on a home mortgage loan, once the value of their home dips below the amount due on their home mortgage loan. Another definition from the Wall Street Journal includes those consumers who miss six straight mortgage payments while maintaining payments on auto loans and other consumer debt.
The Wall Street Journal^ reports that Fannie Mae vamped up a public-relations campaign warning consumers of consequences of strategic default--indicating that the length of time borrowers could qualify for new home loan would be extended from five to seven years, unless they could show they defaulted due to hardship after seeking a workout or modification from their lender.
Lenders are also warning consumers that they will pursue legal action against borrowers who walk away from their mortgage if they had the ability to pay.
Consumers who are considering strategic default should work with an attorney to advise them of their options, in advance of deciding to strategically default on their mortgage. There are multiple financial planning strategies to review with their attorney. Your Maryland Bankruptcy Attorney or Baltimore Bankruptcy Attorney can help you review your financial options regarding your mortgage. A review of your non-bankruptcy and bankruptcy options, including chapter 7 and chapter 13 is important.
Consumers will want to discuss with their attorney protecting certain assets, including:
- bank accounts
- automobiles
- retirement funds
In addition, advice on whether to continue to pay other consumer debt such as, credit cards, student loans and tax debt is important. Consult with your attorney in advance of deciding to strategically default on your home mortgage.
*http://www.experian.com/creditcornerstone/credit-cornerstone-wk3.html
^http://blogs.wsj.com/developments/2010/06/28/study-nearly-one-in-five-mortgage-defaults-are-strategic/