Strategic default is moral imperative to prevent future housing bubbles

Jul 7th, 2011  
by IrvineRenter  in Library News

Astute Observations

Astute Observation by winstongator
2011-07-07 03:57 AM

The idea of overpaying for potential appreciation is one of the key ideas of the bubble.  My wife and I save between 15-20% of our income per year, mostly into tax-deferred accounts.  If our home was a better investment than what we can get in those tax-deferred accounts, why wouldn’t we take that extra 15% and put it towards our house payment?  I think that is what a lot of people were doing during the bubble. 

We would be in a tough spot if that is what we did.  If either of us got laid off, we could borrow against our accounts, or take a hardship withdrawal.  We would first stop saving, and have that cash-flow available.

The Banks as a group will not go bankrupt.  If we rescued Citi again, we will not let them go down w/o some serious malfeasance.  They have also built a good cushion of profits from the past couple years.  The best you can hope for is the too-big-to-fails shrinking and other Glass-Steagall-esque limits placed on their activities.

Astute Observation by Embassy
2011-07-07 05:33 AM

It might not be a bad idea to get a little counsel on the subject of “Tortious Interference.” Inducing someone to break a contract, even if the lender has recourse, is an offense. I don’t think you’re over the line here, but I’m not an attorney. It wouldn’t be a foolish move to go talk to one. I think the rules on this sort of thing require a specific contract rather than a general expression of the advantage of strategic default, but talking to someone who does this sort of thing for a living seems wise to me.

Astute Observation by JFW
2011-07-07 06:29 AM

I’m talking, IR/Larry knows me personally, and also knows he can call me any time.

Generally, it’s not a good idea to encourage someone to break a contract because the other party to that contract can sue the “encourager” for damages.

What protects IR here is he’s not advocating to a specific person regarding a specific contract- he’s just talking concept.

Second, as a publisher he has a whole set of First Amendment protections.

Still, in this day and age of ponzi, desperation and deception, it never hurts to be a little cautious. I wouldn’t put it past any number of entities to file a frivolous action against IR.
-JFW

Astute Observation by Perspective
2011-07-07 11:18 AM

JFW is correct.

Astute Observation by Perspective
2011-07-07 12:24 PM

I might add Embassy, that while IR is in the clear, your advice to him might represent the unauthorized practice of law.

But don’t worry, Dave Ramsey does it daily multiple times to an audience in the millions.

Astute Observation by Embassy
2011-07-07 02:03 PM

I don’t see how saying “I’m not an attorney” and “Talk to one” count as the unauthorized practice of law, and in general I agree with the “big picture” reasoning behind strategic default, but just because there’s a penalty in a contract doesn’t mean that encouraging someone to break that contract is necessarily legit. Might be, might not be - a good attorney can help you know where the cliff is.

Astute Observation by IrvineRenter
2011-07-07 07:31 AM

The owners of youwalkaway.com have based their entire business on encouraging people to default on their loans. So far they have survived any legal challenges. Plus, it isn’t breaking a contract when a borrower defaults. They are merely exercising a contractual right with consequences spelled out in advance. If the borrower defaults, the lender will exercise its contractual right to call the house to auction. Its similar to terminating a cell phone contract where the cell phone carrier charges a pre-negotiated fee for termination.

Astute Observation by newbie2008
2011-07-07 10:25 AM

Why is it called a “moral failure” or “deadbeat” when an individual excercise an default option in the contract and called “business accumen” when a business or business-man excercises that option?

Control the language control the people.  One needs to look at the stated liquidable damages in the contract and in the law (and local customs) before acting to defaulting.  Sometimes defaulting is the only option for those without adaquate income.  Best to consult some knowable local attorneies and business/political people for advise.  An outrageous judgement will take time and money to appeal.  Most people will give up.  People resourses will shop or live in the “right courts.”

Astute Observation by awgee
2011-07-07 12:43 PM

I don’t know who actually calls it business acumen except for non business folks or people who understand not a whit what they are talking about.  If I hear of a business stiffing someone, I do not think of them of having business acumen.  I think they are deadbeats, and I will hesitate doing anything on a non-cash basis with them as I am sure as do others.  I wonder how long businesses that do not pay their bills stay in business.

Astute Observation by MovinToOC
2011-07-07 03:49 PM

How long has Trump been around?

Have you read up on the Apollo Investments of the world?

These businesses stay around a long time.

Astute Observation by newbie2008
2011-07-08 10:55 AM

I know alot of corporate people that do and try my best to avoid working with them.  The offices are filled with them and the modern business climate views Dale C’s methods as passe.

Astute Observation by Sac Boomer
2011-07-07 09:35 AM

I have a local observation which may relate to the lowering of the limit on GSE backed loans. We live in a “nice” area of Sacramento County, demographically the highest educated, but not the wealthiest by a long shot. Houses come on the market at numerous price points, but they eventually clear at about $440,000; that or go quietly away. Last year that price was about $550,000. Having lived in the neighborhood for over twenty years, these prices are still too high, based on salaries. It is obvious to me we are in for a further leg down, and the GSE support drop is merely a way point. Sacramento’s market is highly dependent on public sector jobs, so we will have about a five year head wind, after the rest of the state settles. Kid’s, hang on to your assets.

SB

Astute Observation by *
2011-07-07 10:20 AM

thanks for the report from sacramento.

always good to hear from long time residents.

Astute Observation by sac default
2011-07-07 04:58 PM

I live in a nice area, though a little less affluent that yours I suspect.  Homes like mine have dropped 65% since the peak.  I.e. a $500,000 purchase in 2005 is now worth $175,000.  Knowing the Sacramento head winds and reliance on continually depressed state jobs, it is not brain surgery why people are walking.

Astute Observation by ripcord
2011-07-07 09:45 AM

I’ve been reading (and sometimes commenting) on this blog since it started in 2006 and I was moving out of OC.  It has been so interesting watching you think things through, IR, and witnessing the path your thinking has taken you.  I don’t believe you could have written this article in 2006 (nor do I believe you would have thought it was possible).  This crash has been so surprising to even those of us who anticipated it (I sold in Turtle Rock at the peak).  I’ve very much enjoyed your commentary on the surprising actions of the banks and the public bailouts that are still occurring after all these years.  I don’t know what is going to happen going forward, but I do know it is going to be interesting and I hope that you continue to comment on it.

Astute Observation by *
2011-07-07 10:15 AM

can someone explain this statement?

“inflation has eroded the value of money over the last eight years, so on an inflation adjusted basis, they are certainly behind those who rented instead.”

how does this imply anything about housing costs relative to rent?

Astute Observation by IrvineRenter
2011-07-07 11:11 AM

If someone was paying a premium for ownership relative to rent—which every owner was from 2002 on—then ownership needs to provide compensation in the form of appreciation to justify the increased cost. Further, the appreciation must exceed the loss of buying power from inflation. Those that obtained zero appreciation lost on both fronts: they paid a premium for ownership, and the money they got back at the sale had less buying power than the money they put into the deal.

Astute Observation by *
2011-07-07 11:55 AM

thanks for the explanation IR.

Astute Observation by Newbie2008
2011-07-07 10:40 AM

60 billion settlement rumored:
http://www.calculatedriskblog.com/2011/07/report-60-billion-mortgage-servicer.html?utm_source=feedburner&utm_medium=feed&utm_campaign=Feed:+CalculatedRisk+(Calculated+Risk)

Just hope that it’s not like the past class action settlement that counted discount coupons as part of the package.  Lawyer got rich, distubitors got paid twice, consumer got the short end of the stick (since consumers were not directly harmed by the price fixing, they had no legal standing).  IMHO, the consumers were the ones most harmed.  The distributer just passed the increased cost to the consumers as a cost plus pricing.  Many times settlements are used to protect the guilty.

Astute Observation by Perspective
2011-07-07 11:25 AM

“...Borrowers have moral responsibility to default on loans where the payment on an amortizing mortgage exceeds the cost of a comparable rental…”

Fair enough, but a scale might add value. How far beyond rental parity should you be before it’s your moral imperative to stop paying?

e.g. If your PITI+HOAs less tax-adjustment is 10% above comparable rent, is that sufficient? 20%? Where’s the line?

And what if that amount you’re paying above comparable rent represents a very small portion of your monthly net income?

e.g. If the difference between comparable rent and your PITI+HOAs less tax-adjustment is $250, and your monthly net is $7k, is $250 sufficient to stop paying?

Tough decisions…

Astute Observation by IrvineRenter
2011-07-07 12:00 PM

Yes, those are very tough decisions, and the fringes are all shades of gray. I suspect we won’t see much true strategic default in Irvine unless prices fall considerably more than they have so far. We will still see a lot of people default because they never could afford the payments. But for those who can afford the payments, they probably aren’t so far underwater to consider strategic default—except for perhaps the North Korea Towers. Some may have payments much larger than comparable rentals which may make them consider default, but if they aren’t that far underwater, I suspect most will hang on.

Issues of morality get always tough because they tend to get cloaked in black and white. In this instance, there is a black and white extreme, but the middle gray area is pretty wide.

Astute Observation by Jon
2011-07-07 02:51 PM

With the economy as good as it got you have to expect bad things to be happening all over especially with loans.

Astute Observation by jimmy
2011-07-07 07:01 PM

Here it is folks!!! More stupid from gobbermint.

“Obama Administration To Extend Mortgage-Free Living For America’s Unemployed To One Year

http://www.zerohedge.com/article/obama-administration-extend-mortgage-free-living-americas-unemployed-one-year


Whhhhaaaa!!!!!! I want my gobbermint cheeze, but stupid me, I RENT!!!! Will the Awebamma give renters free rent for a year too????

Astute Observation by Ldfpgh
2011-07-07 07:01 PM

Long time lurker, first time poster.  Absolutely love this site, and it’s insight.  But did anyone see this article.  Another kick to the crotch of responsible renters.  I don’t see anyone landlords pushing off rent payments if their tenants lose their job. 

http://www.latimes.com/business/realestate/la-fi-foreclosure-aid-20110708,0,1640816.story

Astute Observation by sucker
2011-07-07 07:47 PM

I ACTUALLY LOOK FORWARD to the day this phoney economy, and government crap just IMPLODES!

And I wish for it to happen NOW, rather than 10 years from now.

This road to HELL is paved with “good” intentions for sure.

Astute Observation by Swiller
2011-07-08 06:52 AM

Amazing how time can change one’s tune isn’t it? I made all these points 2 years ago when I entered the market of strategic default. I’m still in my home, but I’m one of the very FEW who not only qualified for HAMP, but am actively modified and paying a monthly nut. Granted, there was ZERO principal reduction (my $100,000 buffer was the large chunk of that) so I *will* default again in the future.

Yes, people called me evil and selfish, and can’t see the forest for the trees. Anyone in similiar circumstances with an OUNCE of financial sense for their security, will default before 2012 to avoid taxes. Have I ever seen an article that addreses this? Watch the default rate skyrocket as people realize they will be taxed on the losses. I lost $100,00 of my own money, do I get a tax dedection? Yea, that’s right the answer is no. F the banksters, and the politicians, from this day forward, I do what I can that’s in MY families best interest, good luck to those trying to peddle guilt. You can consider me one of the new age anarchists, I follow the laws I deem right, not what the gov passes or enforces.

A wise man would live the same without laws.

Astute Observation by romeotybalt
2011-07-08 08:44 AM

Agreed.  Personally, I was called a thief and a deadbeat after I defaulted on my 400K Chicago home and it’s 3k monthly payment.

Now it seems, everyone is conceding that default if not a moral obligation, is a financially prudent act.

So my next question is, if the bank will not evict me, so I am forced to squat since I am still responsible for the condition of the property, how is squatting an immoral act?

I am not stealing.  I am legally responsible for what happens to my home until the bank evicts me via foreclosure.

Astute Observation by Inland Empire owner
2011-07-08 12:37 PM

I received a HAMP mortgage modification from Wells Fargo in December 2010 after a 3-month trial period.  There was no principal reduction.  They simply refinanced me from my 5.625% mortgage to 4.375% (the prevailing 30-year mortgage rate at the time), kept the original loan maturity and started monthly impounds.  While I am underwater about $70k, I am not going to strategically default, because I believe that getting back in a few years down the road (I would do a short sale, not a strategic default if there’s a difference) will be much more costly given where I beleive mortgage rates will be at that time.  In addition, I likely won’t have the 20% down payment that will be required and the $300 I would save monthly from renting could easily be eaten up by a rent increase (inflation).  I’ll stick with my fixed mortgage payment.  Good luck to all.

Astute Observation by SanJoseRenter
2011-07-11 12:10 AM

AObIEO:

Thanks for sharing your anecdote.

Note that as interest rates increase, house prices will decrease (they have to for credit buyers limited to 28% DTI.)

So saving up 20% will be that much easier.

Astute Observation by Inland Empire owner
2011-07-11 01:17 PM

San Jose renter,

Thanks for your input.  While house prices should decline if interest rates increase, saving a 20% down payment while renting will not be easy if the increase in interest rates is caused by commodity inflation, making it more difficult to save a 20% down payment as cost of living increases (food, energy, etc.) are not matched by wage increases.  This is called “screwflation,” as the Federal Reserve prints money devaluing the USD currency through QE.  This is one of the reasons Obama released oil from the SPR, and increased margin requirements on certain precious metals, although both will prove to be only a short-term reprieve against ever rising prices in my opinion given the growing global demand for these commodities.

Astute Observation by Steve Cohan
2011-07-11 07:23 AM

I have held a theory that the class of people who lived high on debt would be the last to fall. These are a group smart enough to manipulate bankers into continual refinancing. For example, I have a friend who has 2 Mercedes, a racing Porsche and a Lamborghini. He lives in a very exclusive neighborhood and also has a beautiful summer home. Everything is financed. He lives paycheck to paycheck and the checks have been shrinking. There is no longer any place to get more refinancing. It’s just a matter of time. I live in a very modest home with 3 vehicles. The newest is a 2000. I also have substantial savings. My net worth far exceeds his. What a ridiculous world.

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