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Learning To Walk: Fear, Shame And Your Underwater Mortgage

First Posted: 02/03/2011 2:44 pm Updated: 09/25/2012 3:35 pm

WASHINGTON -- Nearly 1 in every 4 U.S. homeowners with mortgages owe more on their home than it's worth. Once a month, those 10.8 million are faced with a question that cuts to the core of the American Dream and offers a confusing collision between a deep-seated sense of personal obligation and a cold, simple business calculation: Should I pay my mortgage?

For decades, there was only one answer for most people: Of course I should keep paying, it's the right thing to do. Besides, the argument went, a home is a great investment. Today, in the wake of the most seismic housing collapse in the nation's history, that logic has increasingly been challenged by homeowners despondent about their lack of options.

Although researchers find that some underwater borrowers who could continue paying their mortgages strategically default anyway, the vast majority continue to pay. Many homeowners, out of a combined sense of fear, shame, courage and morality, resist making what is otherwise a logical financial decision.

Walking away from a home, however, is more than the sum of a few business decisions. For many homeowners, it's either an act of civic defiance against a system they no longer buy into or the end result of being shuffled around by institutions that don't help them solve their financial problems.

While walking away is a frightening and dangerous step into the unknown, millions have beaten the path in the past few years. To find out what it's like to walk away, The Huffington Post asked readers who were considering making the move, or who had already done so, to write in and share their stories. That was in January 2010. A year later, we followed up with them to see how they reflected on the experience.

We initially heard from 58 people from all over the country who fit the criteria. Ten of them have become unreachable over the past year, but the remaining 48 were eager to share their stories. A year later, only eight of them are still paying their mortgage. Some requested anonymity because of the shame associated with foreclosure; others requested it because they don't want to draw retribution from the banks. But there were those who were happy to share their tales on the record.

Almost universally, the homeowners we spoke with took personal responsibility for their situations, declining to blame the banks or politicians. Yet nearly all of them faced similar struggles in their attempts to work with their banks: lost paperwork and little interest in finding a financial compromise.

The hostility people felt from their banks made the decision to walk away easier for many, and some now even revel in it, celebrating a break from a system they see as rigged against them. "We get daily calls from creditors and banks that threaten this and that, and I just laugh knowing I am helping to bring down the system that has brought us all down and continues to reap giant profits at the expense of the little guy," said one. Others are still haunted with shame by the decision. Most said they felt a mix of both.

Many of the homeowners said they felt alone and powerless in their interactions with the banks and were curious to hear what other people in similar situations had to say. "There should be support groups for people who have to deal with these banks," said Richmond Burton, 50, a soon-to-be-former resident of Long Island's East Hampton. "It can drive you crazy. I'm very good at dealing with pressure, and they made it feel like you're at their mercy."

Following Burton's suggestion, HuffPost contacted Meetup.com and set up the infrastructure for underwater homeowners to do just that. This coming Tuesday, homeowners across the country can use Meetup's tool to organize small gatherings of homeowners who have walked away or who have considered doing it. Often, the best advice comes from a neighbor.

Burton's effort to get out from under his home became a second job, he said. "I never would have thought that the American Dream was to not own a home, but that's what mine became. I'm not ever going to take another mortgage. If I can avoid it, I'm not ever going to borrow money again," said Burton.

After years of failing to get approval for a "short sale" of his home, or even a decent mortgage modification, Burton said he stopped paying in August 2009 to help himself financially and to get his bank's attention. (A short sale occurs when lenders accept a sum less than the outstanding value than a mortgage loan, in lieu of forcing a borrower into foreclosure.)

He contacted HuffPost several months later and said he was still trying to get a short sale approved or persuade the bank to take the house in exchange for simply letting him walk away. The bank was refusing.

When we reconnected a year later, he said he had just signed documents that would let him walk away without a penalty, but he was forfeiting his $120,000 down payment. What did it feel like to walk away from that much money?

"It feels great," Burton said without hesitation. "I'm starting again. I've still got my talent, I've got my intelligence. I've got my health. At least I'm free of the enormous amount of stress that I had and the frustration of doing the best I could and it wasn't good enough. It wasn't working. Ultimately, I made a decision that my physical and mental health was more valuable than this house and my investment in it."

Burton went more than a year without paying his mortgage before persuading the bank to accept a short sale. "The mortgage company was not wiling to work with me. The businesses that we have created to serve us are enslaving us. They're not listening to us, they don't even pretend to care about us. Really, our only option is to do what I'm doing, which is to fire them all. I'm doing everything I can to remove them from my life," he said.

Lenders and servicers say such decisions will destroy borrowers' credit record and render them non-entities in the U.S. economy. Burton said that when he bought his Long Island home in 2000, his credit score had been somewhere in the 600s, an average figure. He allowed HuffPost to run his credit score through Equifax, one of three major credit-monitoring bureaus. As of Tuesday, after his ordeal of three years, his score is 614 -- below average, but not savaged. A few months ago, he had no trouble buying an iPhone. He ignores the many credit card solicitations that come his way.

The purpose of HuffPost's investigation was not to determine who or what was to blame for the predicament that the homeowners found themselves in or whether they are deserving of sympathy -- twin concerns that dominate the foreclosure discussion and will no doubt continue with ferocity in the comment section below this story.

Our question was more direct: What are the costs and benefits of walking away from an underwater mortgage -- not for the banks or the neighborhood or for society as a whole, but for the real people making the decision?

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02:20 PM on 04/02/2011
For anyone trying to negotiate with your bank regarding foreclosure:

CONTACT the Office of Compliance (OOC) with a thorough description of activity and conversations bewtween you and your lender. Within 5-10 days you wll have a response and a (civil) phone call from your bank asking how they can help. Tell them EXACTLY what you want to save your home...terms, conditions etc...if you are unsure of how to proceed...contact the nearest non-profit housing agency and request their guidance. From personal experience, after participating in a HAMP program for over 13 months, my modification was denied...with 13 days of contacting the OOC I had a new modification (VERY favorable) and signed docs and was able to save my home!

Be persistent, seek guidance from a non-profit (no fees involved) and pursue this through the OOC.
Currently Wells Fargo, Bank of America(Countrywide) and several others are high on their radar and they are MAKING these banks honor GOOD modifications! Best wishses. It CAN be done!
HUFFPOST SUPER USER
USNDC
Smartest President ever ? ... not even close.
10:16 AM on 03/23/2011
Where would we be now ?

Where would we be now ... if two years ago ... Barack Obama would have used his super majorities in Congress ... to ram through the Bankruptct Cramdown Bill ... and allow Bankruptcy Judges to begin restructuring mortgage loans on primary residences ... just like they are currently able to do on vacation homes and investment properties ?

Don't tell me he couldn't do it ... because he rammed through healthcare.

Candidate Obama campaigned on this issue ... but President Obama walked away from this issue.

This unresolved national foreclosure crisis threatens to destroy us all.
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Ajax Johnson
Am I myself or is it just me?
05:09 PM on 03/14/2011
We had several properties and our own house. We were upside down on all even though we put 20 to 30% down. My wife became ill recently and we had to make a decision to pay for very expensive medical trteatment or pay the mortgages.
We tried to modify and they told us we had to be 2 months behind on mtg.
So we were forced to stop paying. Even then they wouldn't modify.
Modification programs are just eye candy. No one gets modified because the government reimburses for losses the banks incur after it forecloses.

Where do banks get the money to loan you in the first place? Not from savings accounts, they "print" it out of thin air
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HUFFPOST SUPER USER
jwilson1
03:14 PM on 03/25/2011
They got the 9 Trillion from the FED at .0037 % interest. The banks then made a fortune charging 6 to 26% interest on credit cards where allowed to continue to invest that money in CDO's and stock markets worldwide...become profitable and stick it to the hand that feeds them..

Makes us all sick...crooks all of them and those that allowed them to do it...GOV.
02:22 PM on 04/02/2011
YOU DO NOT HAVE TO BE BEHIND TO MODIFY...a change in your financial circumstancs is the BEST requirement for these modifications. Contact a non-profit agency and file a claim with the OOC reagrding your banks actions. I think you will be surprised at how quickly you get a favorable response. Good luck!
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06:56 PM on 03/05/2011
Dirty little secret is banks want you to walk. Maybe even govt would rather you walk. Modification - so far - has been a scam. Maybe you want your home and have invested a great deal of time and money in holding on to it even with great difficulty as you watched it drop 50% in value. Now with no hope of refinancing or selling for the price of the loan - why should your only option be to walk if you don't want to? Why should you be forced out of your home?

A better plan is continue to pay on time and launch a lawsuit or stop paying and launch a lawsuit. If you can't afford a lawsuit, stop paying and stay put as long as you can and get some help in how to delay the foreclosure if you can. Not immoral. There is plenty of vacant property to go around. Better for the neighbors if your home remains occupied and taken care of. Banks won't do it.

20 billion "settlement" is just another way to shove the banksters truly fraudulent dealings under the rug and they will probably succeed in avoiding it anyway. Someone needs to call their bluff. Govt., investors, homeowners? Who? It boggles the mind that all are held hostage by a small minority who is breaking the law.
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HUFFPOST SUPER USER
builderman55
Featherless Biped
11:19 PM on 02/24/2011
The genius of Thomas Paine's pamphlet, Common Sense, was that he got Americans to reframe their thinking about the relationship between the colonies and the Mother Country. He turned assumptions on their head, and showed that in fact, the colonies were not only not benefiting from their dependent status, but would be much better off being independent. It was classic out-of-the-box thinking. That is what Americans must now do--not only is our relationship to banks and Wall Street not beneficial to us, it is, in fact, detrimental. We have developed and nurtured a class of people who run the financial realm who are divorced from any of the rules and principles that the rest of us operate according to. They are like the royalty of past eras. They create global disasters and no one holds them responsible. We fear their power and grant them respect they neither earn nor deserve. The people who we give power to "create" prosperity are the same ones we give the power to decimate us. We need to take our country back. Our government should be the power broker that Teddy Roosevelt envisioned, one that keeps an eye on the centers of power to ensure that they operate in the public interest. Right now I wish we had some of the fire in our bellies that those in Tunisia, Egypt and Libya have..
This comment has been removed due to violations of our [Guidelines]
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dbrett480
05:26 PM on 02/21/2011
I have a hard time believing that all these people signed up for these mortgages knowing that they would be able to pay them.
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Paul Sta
06:17 PM on 02/14/2011
Only fear and shame is not doing whats best for your family. the problem is many homeowners have a conscience, time to think like a soulless banker/
10:51 AM on 02/10/2011
Before you walk-squat as long as you can and take in renters also. You will need the money for the next place.
03:44 PM on 02/08/2011
Morgan Stanley to Give Up 5 San Francisco Towers Bought at Peak.

“This isn’t a default or foreclosure situation,” Alyson Barnes Morgan Stanley spokesperson said. “We are going to give them the properties to get out of the loan obligation.”

uh Ms. Barnes i think that's called 'strategic default.'
02:46 PM on 02/07/2011
I don't understand all the comments blaming the homeowners. It sounded like most of the people in the article had been fairly responsible and are just victims of a bad housing market in that their homes are now worth much less than what they initially purchased them for. My family is fortunate because we live in a community where the housing prices have remained more stable than in other parts of the country so we are not under water in our mortgage. I don't really know what we would do if we were though. Thankfully, I haven't had to think much about that.

Even though the housing prices are remaining stable I still see a lot of houses that have been on the market a long time. I also know friends that 3 or 4 years ago I never would have dreamed would go bankrupt are now. And it is happening at really bad times of their lives, in their 50s and 60s.
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Tiggerchick
if your view is myopic, go get Lasik
02:02 PM on 02/07/2011
Just on the phone with those fine individuals at BOA, foreclosure/bk department. Small suggestion - perhaps remove the following from your phone closing? "We here at BOA appreciate your business" um, OK, thanks....
02:26 PM on 04/02/2011
CONTACT THE OOC immediately and tell them BOA is refusing to work with you....BOA is at the top of their "hit" list and you may get immediate relief! Good Luck!
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USNDC
Smartest President ever ? ... not even close.
10:58 AM on 02/07/2011
Jingle mail !

Everyone should just mail them theirs keys and let them choke on all their properties.
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Shaun Hensley
The American Experiment has failed
11:54 AM on 02/07/2011
If everyone did that in 2008, we'd be halfway out of this mess. We'd have the value reset in line with the cost of labor reset.
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cats530
16 Trillion To Banksters Per GAO Audit
06:20 PM on 02/07/2011
Why? They don't own the properties. In most cases they are pretender-lenders. But I get your point...would love to sink them.
07:25 AM on 02/07/2011
Look folks, here's how it works. Wealthy bankers (who have political clout because they bribe, ahem, lobby, politicians) overextend themselves with risky gambling bets on fancy derivatives and they get bailed out by mom and pop taxpayers. Thereafter, mom and pop taxpayers lose their jobs, get sick, or otherwise find themselves facing financial catastrophe and they get called irresponsible and told to suck it up and keep paying or their credit will be ruined and the banksters will never lend them money again (you know, the money they got after being bailed out by mom and pop taxpayer). See, mom and pop only have votes, they don't have the actual money it takes to bribe, oops, I should say, lobby, politicians. That's the system. Get used to it.
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USNDC
Smartest President ever ? ... not even close.
10:56 AM on 02/07/2011
So true ... and so sad to watch Barack Obama play the bribe game.
05:09 AM on 02/09/2011
Hey buddy, you may have a good sense on how the 'system' works, but you're shallow comment about "That's the system. Get used to it" proves how useless you are. We (the people) will never get use to a system causes people to get poor and hunger, while others are rich and have plenty. Soon, society will change what you have been "use too"
Thanks
10:34 PM on 02/06/2011
A mortgage is a businss contract, nothing more, nothing less. Morality has nothing to do with it. If you don't pay your loan the bank can take your house. Simple.