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May 15, 2008 Issue 

The
country’s two largest sources of mortgage money have a blunt warning for
anyone thinking about joining the growing “walkway” trend, where
homeowners stop making payments and months later send the house keys
back to their lender: you will feel the pain.
In March, Fannie Mae sent out new guidelines to lenders
intended for walkaways and other foreclosure situations. Fannie will now
prohibit foreclosed borrowers from getting another mortgage through the
giant investor for five years, unless there are “documented extenuating
circumstances.” In those cases, the mortgage prohibition is for three
years.
Even after five years, borrowers with foreclosures in
their files will be required to make at least a 10 percent down payment,
and will need minimum FICO credit scores of 680.
Free Mac, Fannie’s rival, counts foreclosures as major
credit blots for seven years, and a senior official said the company is
now aggressively pursuing some walkaway borrowers “to preserve our
deficiency rights” where permitted under state law.
The walkaway trend is particularly noteworthy in former
housing boom markets — including California, Florida and Nevada—where
many homeowners find themselves upside down on their loans, owing tens
of thousands more than the current market value of their houses. If they
invested little or nothing in down payments, some owners reason,
continuing to make payments —even if they can afford to — may be
throwing good money after bad.
A number of websites have popped up claiming to cut the
hassles of bailing out of a mortgage. One company promises that clients
“will be able to live in the home for up to eight months with no
mortgage payments,” after paying $995 for a customized plan. The same
site says it will provide clients with “legal credit repair” to “improve
your FICO scores.”
Another website claims that “your credit can be repaired
and (you will) be able to purchase a house in as few as two years”—after
paying a $495 fee. Still another company says walkaways can expect “up
to one year living payment free” as the lender goes about filing for
foreclosure. That company charges $995 for its how-to-do-it kit.
Fair Isaac Corp. of Minneapolis, developer of the FICO
scores used in mortgage transactions is unhappy at any suggestion that a
foreclosure could be minimized or wiped away in a short period of time.
Its scoring model counts foreclosure as a long-standing and severe
events, nearly comparable with bankruptcy, with negative consequences
for all forms of credit that walkaways might seek to obtain. That
includes credit card applications, auto loans, student loans — and even
insurance and employment.
FICO spokesman Craig Watts said that the impact of a
foreclosure on an individual’s score depends heavily on the payment
history, length and number of credit trade lines in a consumer’s file,
but “It is always significant.”
Robin Stout Migala, consumer outreach manager for Freddie
Mac, said in an interview that “there are so many bad reasons for
walking away” from a home loan. Not only are borrowers’ credit standings
wrecked — forcing them into excessively high interest rates on any
credit they can manage to obtain —but they also face other potential
problems including federal income tax liabilities.
Federal legislation enacted last year allows homeowners
who negotiate loan modifications with lenders and have portions of the
principle debt eliminated to escape income tax liability for the amount
forgiven. Walkways borrowers, by contract, have nothing forgiven and the
IRS may demand income taxes on the balance they never paid, according to
Migala.
When they apply for a loan from either Freddie Mac or
Fannie Mae, she said, the standard application form asks whether they
have ever experienced a foreclosure or handed over their deed in lieu of
foreclosure. If applicants check “yes” the loan is immediately shifted
to manual underwriting. Every piece of information is scrutinized by
underwriters, who probe for the fact surrounding the loss of the house.
For borrowers who faced genuine financial hardships
leading to foreclosures, underwriters are likely to be more sympathetic
a few years down the road. But if you walk away, here’s the deal: Don’t
expect to get a new home loan — certainly not one with favorable terms —
for five to seven years.
That’s no matter what some promoter promised you online.
Kenneth Harney
San Francisco Chronicle Real Estate
kenharney@earthlink.net

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