Sunday, June 27, 2010

Fannie Mae wants to defer strategic default with consequences

Fannie Mae is upping the bet on strategic default of home mortgages Wednesday, saying that borrowers who default despite having ability to pay in good faith won’t be eligible for a new Fannie Mae-backed mortgage for seven years from the date of foreclosure. Along with home foreclosures, strategic defaults are increasing. There have been many offers online to assist in strategic default. Last week the House passed the FHA Reform Act with a provision for penalizing strategic defaulters in the bill.

Article Source: {Fannie Mae wants to defer strategic default with consequences

Strategic default consequences

Fannie Mae, which owns more than 50 percent of mortgages in the U.S., wants more severe strategic default consequences. It is now refusing to back new loans for walk-away borrowers for seven years after they abandon their homes. In a press release, executive vice president for credit portfolio management at Fannie Mae, Terence Edwards, said "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. On the flip side, borrowers facing hardship who make a good faith effort to resolve their situation with their servicer will preserve the option to be considered for a future Fannie Mae loan in a shorter period of time."

Fannie Mae to sue strategic defaulters

In the press release, Fannie Mae, said it plans to sue to recoup the outstanding mortgage debt from borrowers that strategically default on their loans in jurisdictions that allow for deficiency judgments. In an announcement next month, the business will be instructing its servicers to monitor delinquent loans facing foreclosure and make recommendations for strategic default cases that warrant the pursuit of deficiency judgments.

Definition of strategic default

The strategic default issue is hard because of the challenge to define what makes a default strategic. The Washington Independent reports that strategic defaulters aren’t really breaching their contracts. Each mortgage contract defines what happens if the borrowers do not pay: the bank evicts them and takes the home. It’s doubtful the government could stipulate that homeowners have to hand over the last of their savings to the bank before they can walk away, or that that they can be made to hand over a certain percentage of their annual income before they get to walk away. The money individuals have left might be used to move to a new apartment or something, pay medical bills or to buy shoes for their kids.

More info on this topic
Fannie Mae

fanniemae.com/newsreleases/2010/5071.jhtml

Washington Independent

washingtonindependent.com/87943/when-underwater-homeowners-walk-away



No comments: