Leaving Your Mortgage Will Now Result in Serious Goverment Penalties

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Many of us were introduced to concept of "strategic default" when it was reported that the rapper Chamillionaire decided to walk away from the mortgage on one of his homes, rather than continuing to pay the high monthly cost. Homeowners across the country are making the decision to engage in strategic default, in large part because they are finding that the amount of their loans are now consistently more than the value of the home on which the loan was taken. Well, the government is now putting an end that.


Government-sponsored mortgage purchaser Fannie Mae is now banning those who walk away from their mortgages from receiving financing from the agency for up to seven years after the date on which they decide to default. If the borrower works in good faith to work out a deal and proves that they don't have the capacity to pay, they are not going to be banned.

"Walking away from a mortgage is bad for borrowers and bad for communities and our approach is meant to deter the disturbing trend toward strategic defaulting," said Terence Edwards, executive vice president for credit portfolio management.

Fannie Mae has also announced that when the law allows, they plan to take legal action to obtain outstanding loan balances from those whom they believe to have strategically defaulted. Their servicers will be monitoring loans to determine who may have broken the law, and making recommendations on which borrowers to pursue.

A spokesman for Freddie Mac, the other government-backed mortgage agency, said that it's going to investigate the new policy sponsored by Fannie Mae and make a determination regarding whether or not they'd like to pursue similar action.

The moral of the story? If you have the ability to pay, realize that there might be serious consequences for not doing so. Also, the damage to your credit rating may not be worth the risk, especially when dealing with real estate prices that are likely going to bounce back.

Dr. Boyce Watkins is the founder of the Your Black World Coalition and the author of the new book, "Black American Money." To have Dr. Boyce commentary delivered to your email, please click here.

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