Should we walk away because the only loan mod on the table is NOT GOOD at our age!?

	Should we walk away because the only loan mod on the table is NOT GOOD at our age!? We bought five years ago in prime, BUT we (thought) we bought smart! In a nutshell, we were "nearly harassed" by our bank to refinance after only one year and had long discussions about our being "too conservative" and needing to "use the equity in the house to update it and double your money." Of course we didn't expect to double it, BUT people were doing just that all around us (even triple!). Now, at the end of our 3-year adjustable rate mortgage (originally had a fixed of only 5? and lost one job, the second one's pay got cut, etc. etc. we were still okay! Cut back to a VERY LEAN lifestyle without cable TV, etc. etc. etc. The ONLY thing the bank (the servicer because it's now a Freddie Mac loan) is willing to do "to help us" is change our loan to FORTY years at 3.75?hich seems like a great rate, BUT they've tacked on $20,000 in "fees!" And by charging us fees AND adding ten years, what exactly are they "offering us?" This house is worth $323,500 but the certified appraisal from March 2007 was $548,500 (that the bank itself paid for). NO ONE is selling in our neighborhood. They sit on the market for a year, then foreclose... My question to anyone out there who can offer a "numbers opinion" is this: The total debt now including the equity line is $500,000! In 12 short years we'll be 60 years old and only be 1/4 of the way through the loan, probably not making the same income! If we do get better jobs and have to move, say in three years, we HAVE to foreclose to get out of the house... better to do it NOW and start repairing credit before we're SIXTY? Using average projections, etc... this house won't even let us break even and move in five years... more like ten but the cost to stay... even more by then, the roof, etc. could bankrupt us anyway... We have to decide tonight whether to take the deal or just foreclose and start a new life, be it full of headaches and lawyers for a couple of years... We just lost another $2,500 in the past 30 days... Walking away IS an option because "most" lenders are not going through with the costs associated with judgments and civil suits since it's obvious we're broke if we lost our only property... If they do sue us, so be it. We have nothing and can easily live a cash/simple life just to be out of this nightmare that's been going on since January! The big question is... On a house worth $320,000 TODAY and losing more every month, how can we justify a brand new 40-year loan for $496,000 AT AGE 48. The age is key... Thanks again. Short sale does not do less harm to your credit report since nowadays, most of the lenders are requiring you to sign a form guaranteeing the shortage! This makes it so that they don't even HAVE to sue you! You're agreeing to it! The same goes for "Deed in Lieu!" Basically, if you can't stay in the house, you should foreclose once you REALLY learn all the legal details! The lenders are pushing the HYPE around short sales and deed in lieu only because it helps THEM! With the hundreds of thousands of foreclosures in this country, it's only a matter of a couple of years before there are all kinds of "new loans! foreclosures okay!" Asked By: Fuzzy - 10/15/2009

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Technically, you don't foreclose. The bank does it to you. What you are considering doing is a walk-away, which for some people is a logical if not all that ethical choice. The financial problems with these type of mortgages came when people started looking at housing as an investment, not a place to live. Now you are facing a decision as to whether or not the amount you are paying in exchange for a place to live is still the right decision for your family. So, here are a couple of things to consider. 1. How long will you live in this general community. If less than 10 years, it is unlikely that your house will increase in value enough to pay off the mortgage, so you might face the same kind of decision later, although probably for less of a difference in money. If you will stay longer than 10 years, it is likely that this house value will rebound enough to pay off your mortgage. So, if you plan to stay put for a long time, and can afford the payments, the decision leans toward refinancing and staying put. 2. Put aside your age, as you will always need a place to live whether own or rent. When you took the 30 year mortgage, you were going to be in your mid 70's when it was paid off, so the idea of this going until you are in your 80's isn't really all that much more scary. It is more likely you will sell it and move before you reach such an advanced age, so focus on the immediate issue of "cost of housing". Answer the question: is the after-tax price you pay for this house comparable to what you would pay to rent something similar? My math says you are probably paying about $2,500 a month in mortgage costs to the bank. But, hidden in that is a tax deduction that is worth that is worth between $500 - $800 a month, making your true cost for this house (after the tax deduction) around $1,800 - $2,000. Could you rent a similar place for an amount much less than this? Then the decision leans toward walking away, and going into a rental. 3. If you modify - will the resulting savings allow you to stay where you are, and allow you to improve other areas of your financial plan? How much lower will your monthly payment be if you switch to this modified 40 year loan. If you go to www.bankrate.com, you can put in the variables (loan balance, amount of time, interest rate) and it will calculate the monthly bank note payment for you. From what I can read in your question, this lower rate and longer time will drop your payment by approximately $500 a month. Ask yourself: what could I do with that extra $500 a month to bring myself more financial security? For example, could you increase your retirement savings (which would be protected from a law suit in the event you did lose your house)? Could you pay off credit cards or a car loan, freeing up other areas of your budget? Could you add it as an extra payment on your house, making your debt go down faster? This could provide a good amount of breathing room for you. If so, that leans the decision toward taking the deal and staying put. 4. Will walking away really free you from this obligation? You mention you have a home equity line of credit. Check the language on that loan. In many cases, HELOCs are written as recourse loans, which means even if you walk away from the house and let your bank foreclose, you are not relieved of this debt. The HELOC lender can still sue you and garnish wages. If it is a non-recourse loan, then they can't generally do this. Take the time to understand what type of loan you have before making a serious decision here. You may find that you are walking away on from your first mortgage, but still on the hook for that HELOC loan. 5. If you do walk away and rent, how stable will rents be? One of the nice things about owning a home is your payment stays relatively stable for a long time. Rents can be counted on to increase $50 a month or so for many years. My personal opinion is the 3.75?s an incredibly low rate, one not given to any ordinary customer, and the $500 a month savings in your mortgage means you can make back the fees for the refinance in about 4 years, so I would take the deal if I would stay there for 4 years or longer. If you shop for a rental and find you could rent a comparable property for half of what you are paying to own, then short sell or walk away and go to the rental instead. Whatever you do, read the document on your HELOC and understand what will happen to it if you decide to stop paying. Good luck. And, let's hope you live to age 88 or longer, even if it means you are still paying for housing! Answered By: Lauren F - 10/16/2009

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My advice, which is worth everything you have paid for it, is to stick it out. Housing prices will get better and the natural growth in the market will bail you out. Prices (over the long term) rise and fall. Forclosure will haunt you for 7-10 years making anything you do, that much more expensive. Answered By: Bruce - 10/15/2009

Wow, what a question (explanation)!!! Your situation is very common to many people these days. The simple, but not necessarily the right answer is to Short Sale your property rather than walk away (foreclose) from it. A short sale will still affect your credit but a little less than a foreclosure and in a few years, you can buy again, which will of course depend on your credit history from that point forward. As for your loan mod, the terms seem okay on the surface but the question is, is the monthly payment affordable to you? You didn't mention if you were behind on payments or not but if you are, this mod will help out tremendously. They'll roll all of the past due amounts and their fees into the loan bringing you current which will help reduce the negatives on your credit report. But again, the bottom line here is the affordability of your mortgage payments - post modification. If, even after the loan mod, the payments are not reasonably affordable, then your decision should be simple. The appraisal dated March 2007 is worthless - that's way too old. Obviously the market has changed significantly since then. As for your "numbers opinion" question, before you even go there, decide what it is that you really want to do. If it's to move and find a lesser expensive place, then the numbers question is moot. If you want to stay, the market will eventually pick up and you'll gain (or re-gain) some lost equity. As for your big question, I can't really justify a $176,000 difference, it just doesn't make financial sense to me. At 48, do you really think you're going to pay off a 40 year mortgage? In the past, many people refinanced every 3 - 5 years and many people moved every 5 - 7 years, on average, but that's the past. In my opinion and my opinion only, I would short sale the property, wait a little bit, all the while improving my credit and buy in a couple years, before the market really starts to pick up. I don't know if this answers your question or if it was just my opinion but I hope this helps somewhat. Good Luck to you and whatever you decide. Answered By: Michael - 10/15/2009

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