Let's Talk Defaults

And let's dispose of a piece of received wisdom that is abroad in the land, and totally wrong.

Jamie Dimon of JP Morgan had the opportunity to hit this out of the park the other day when someone asked him about whether borrowers who are underwater on their loans might as well just walk away. Predictably enough, he said no, a mortgage is a contract and when you make a contract you should fulfill its terms.

True, and a large part of the moral truth. But not the whole truth, as there is a practical truth as well, for those who are not bound by moral scruple, who ask not "What's right?", but "What's in this for me?" The practical truth is that walking away has dire consequences that people have to weigh together with other considerations.

If you walk away, and the lender forecloses, it will destroy your credit for eight or ten years. If things improve and you want to buy a house again, or you need a car, a credit card, a student loan for your kids, you will be hard pressed to get one with a foreclosure in your recent past.

Moreover when the sheriff auctions your foreclosed house on the courthouse steps, there could well be a deficiency judgment against you for the difference between the hammer price and the amount on which you have defaulted. That deficiency judgment could follow you around for twenty years, during which the court can garnish your wages, withhold your tax refunds, and sell whatever assets you have that they can attach.

A ten- to twenty-year sentence? It is not worth it. You are far better off, and your lender is far better off, working it out than mailing the keys back to the lender and running off.