Mortgage morals
Have you heard about the Associate Professor of Law at the University of Arizona who suggests underwater homeowners should be walking away from their homes in droves, guilt-free?
It kind of has people up in arms.
Walk away? Guilt-free? What about morality? Morals don't belong in a decision like this, suggests Brent T. White - the author of the incendiary and extremely relevant working paper
"Underwater and Not Walking Away: Shame, Fear and the Social Management of the Housing Crisis."
Here's the abstract:
Despite reports that homeowners
are increasingly "walking away" from their mortgages, most homeowners
continue to make their payments even when they are significantly
underwater. This article suggests that most homeowners choose not to
strategically default as a result of two emotional forces: 1) the
desire to avoid the shame and guilt of foreclosure; and 2) exaggerated
anxiety over foreclosure's perceived consequences. Moreover, these
emotional constraints are actively cultivated by the government and
other social control agents in order to encourage homeowners to follow
social and moral norms related to the honoring of financial obligations
- and to ignore market and legal norms under which strategic default
might be both viable and the wisest financial decision. Norms governing
homeowner behavior stand in sharp contrast to norms governing lenders,
who seek to maximize profits or minimize losses irrespective of
concerns of morality or social responsibility. This norm asymmetry
leads to distributional inequalities in which individual homeowners
shoulder a disproportionate burden from the housing collapse.
When
I read this, I thought, YES. Yes! That is exactly how we felt. We felt
the emotional constraints binding us to make a moral decision in
regards to our house. The social pressure to be a good citizen and pay
our mortgage no matter what was ever present!
In fact,
I was once told by a HUD counselor that you should pay your mortgage before even feeding yourself.
I am not kidding. They gave me an example about a family who had to go
without food in order to pay their mortgage, but that was a sacrifice
they were willing to make. The unspoken suggestion was that I should be
more like that family and place my house above my health.
Starvation is socially acceptable, apparently. Defaulting on your mortgage, not so much.There's something off there, don't you think?
When
we were facing foreclosure, we tried to consider all options. One
of those "options" was walking away. But walking away never really
occurred as a real option to us. Why? Well, we were trying to stay in
the house no matter what. So, walking away would have been
counterproductive. It was extremely hard to separate ourselves from the
emotion of the situation and simply make a 'business' decision. But, I
have to say, I think that we never would have walked away because of
the desire to AVOID the shame and guilt of foreclosure, just as White
writes.
I'm
not even saying that I agree with White's suggestion that more people
SHOULD be walking away. But, he has a point, I think. Especially when
you consider his last two sentences in the abstract:
Norms governing homeowner behavior stand in sharp contrast to norms
governing lenders, who seek to maximize profits or minimize losses
irrespective of concerns of morality or social responsibility. This
norm asymmetry leads to distributional inequalities in which individual
homeowners shoulder a disproportionate burden from the housing collapse.
You can't argue with that. Well, maybe
you
can. But I can't. I totally agree and I believe that White's
suggestions are worth evaluation. Nothing much has changed since we
were facing foreclosure. The lenders aren't doing much more now than
they were then. Foreclosures are still happening. The housing crisis
hasn't resolved itself by any stretch of the imagination. Bold thinking
and reevaluation of long-held beliefs is perhaps exactly what we need
right now.
QUESTION: Could you walk away from your mortgage? Why or why not?
I highly recommend reading the complete paper (especially if you happen to be facing foreclosure.) You can download it
here.
Also worth the read is Kenneth R. Harney's article about White's paper in the Washington Post:
The moral dimensions of ditching a mortgage - Washington Post
4 Comments
mamazilla said:
my husband and i walked away from our mortgage because the bank left us with no choice. our story was in the tribune: http://archives.chicagotribune.com/2009/sep/20/business/chi-sun-short-sales-0920sep20
we'd been trying to sell our house for over a year. we had done all the "right" things sellers were suppossed to do. but as everyone knows the market is terrible. we finally found a buyer, but the offer was low. so we went into short sale. after 6 months of waiting, he bank denied the sale saying the offer was too low - even though the offer would have satisfied our mortgage. the buyer walked. months pass - we apply for deed in lieu - denied. we apply for foreclosure - still no answer.
more months later, the bank still calls re: our late payments - every "contact" is always surprised when we tell them about the short sale, the deed in lieu and the foreclosure... they have no idea, no papertrail, no notes... the banks don't care because they're blissfully ignorant.
Stephanie Walker said:
Mamazilla-
Thanks for your comment. I can totally relate to what you went through. We were just extremely lucky to get the attention of the president's office of our lender and fortunate to have an amazing short sale agent working on our behalf to get our offer approved. If we had to wait six months only to have it denied, who knows what we would have done.
It is madness, isn't it? How you end up repeating your story a million times (it seems) to the bank and it's as though they're hearing it for the first time? You're right, they don't care. I don't think they're blissfully ignorant, though. I think they're just cold operators looking out for their best interest... not at all worried about the morals of their decisions.
Okay, off my high-horse rant.
Anyway, I do hope you're in a better situation now. You must be relieved at least? I'll check out the article. Thanks for sharing.
Stephanie
mamazilla said:
yes, in some ways, we're in a better situation.
emotionally, i'm happier in the apartment we're living in now. the stress of the foreclosure is lessening since i feel that we did everything in our power to do "the right thing".
the reality is our financial future is bleak. everytime i hear "do you know what this is going to do to your credit?" i shrug and say "what credit?" or "what do you mean going to do?" yet, our credit is ruined. i guess the scary thing is how much more harm can be done to us now, if anything?
georgeculolias said:
Why I wouldn't want to walk away from a mortgage? Because I borrowed the money in good faith. If there was any way I could pay it back, I would because it's the RIGHT thing to do.
Doing the right thing because it's the right thing to do, stands on it's own and is rewarded. First by the self esteem that comes from doing the right thing no matter what and second IMO and experience the world rewards those that do what's right because it's right. They can obviously be trusted by their actions and words, so others want to do business with them and help them if help is needed.
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