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Androvett Blog

by Robert Tharp at 3:07:51 pm

Unusual law school prof advice of the day: don't be ashamed to walk away from your underwater mortgage

Lots of jaws have been dropping over law professor Brent T. White's recent academic paper in which he advises beleaguered homeowners to stop feeling guilty about walking away from their underwater mortgages.

Writes the LA Times: Go ahead. Break the chains. Stop paying on your mortgage if you owe more than the house is owrth. And most important: Don't feel guilty about it. Don't think you're doing something morally wrong.

The main point is that too often people's emotions get in the way of clear financial thinking about mortgages, turning them into what he calls "woodheads" - "individuals who choose not to act in their own self-interest." Most owners are too worried about feeling so f shame and embarrassment after a foreclosure, and ignore the powerful financial reasons for doing so."

Real estate attorney  Robert Miller of Dallas-based Prager & Miller says Texas' situation is less dicey than that of areas that saw dramatic home value run-ups, but much hinges on the economy. "If people have jobs and can afford the payment, they won't walk away," Miller says. "But if you're in a house with no equity and it's overvalued by 50 percent, people are deciding that there's no reason to continue, unless it's cheaper than renting." Against that backdrop, more mortgage lenders are participating in so-called short sales, selling foreclosed properties for less than the value of the foreclosed mortgage. In fact, the Obama administration is trying to reduce what has been described as a contentious, time-consuming short-sale process by requiring lenders and others to use nationally uniform documents, timelines and financial incentives.