Freddie and Fannie Face Off Against Mortgage Borrowers Who Walk Away
Published abr 15, 2008 | RSS Feed RSS Feed | Text Size Descrease article text Increase article text
Lenders are becoming increasingly frustrated as a growing number of borrowers make the decision to walk-away from mortgage obligations. Freddie Mac and Fannie Mae are so fed up that they've decided to aggressively pursue 'walkaways' and prohibit foreclosed borrowers from getting another mortgage.
Roughly 8.8 million Americans are underwater in their mortgage, meaning they owe more on their mortgages than their homes are worth. Fifteen to 20 million are expected to be in the same position by next year.
The underwater phenomenon is one of the main reasons why many people are choosing to walk away from their homes and their mortgage obligations. In response, the two largest sources of mortgage financing in the U.S. recently decided to issue dire warnings to anyone who is thinking about walking away from their mortgage.
On March 31, Fannie Mae issued new guidelines for walkaways and similar foreclosure situations. Under the guidelines, foreclosed borrowers will not be able to get another mortgage through Fannie for five years. If borrowers can document 'extenuating circumstances' the prohibition period will be reduced to three years.
Freddie Mac is cracking down as well. They keep foreclosures on file for seven years. The company has also announced their intentions to aggressively go after rogue borrowers who walked away. A senior official for Freddie was quoted as saying they will make every effort to preserve 'deficiency rights' where state law permits.
Can Mortgage Borrowers Be Punished for Walking Away
In a recent interview with the San Francisco Chronicle, Freddie Mac consumer outreach manager Robin Stout Migala claimed that there are many reasons why homeowners shouldn't walk away from homes, including federal income tax liability and the chance that lenders may pursue walkaway borrowers.
Although Robin's statements may be true in certain circumstances, it is equally likely that borrowers may not face the above-mentioned consequences.
As Mike 'Mish' Shedlock pointed out in a blog post Monday, some states (like California) are non-recourse states, which basically means that borrowers owe lenders nothing more than the house should they default. There are also non-recourse loans in recourse states with the same provision. As for tax liabilities, there are provisions in the Mortgage Forgiveness Debt Relief Act that allow tax free debt forgiveness.
The bottom line is that there will be consequences for those who do walk away--like a drop in credit scores--but the end result may not be as bad for borrowers as Migala implies.