Question

Historically foreclosure was a last resort for individuals that own homes. However, in some states people can voluntarily give up their home to their mortgage lender and escape from any further potential liability to continue to pay the mortgage. This in particular is common in situations where the home is worth significantly less than what is remaining on the mortgage. Should this be allowed or should people still have to pay the difference between what their lender is able to get for the home if they foreclose on it and what was remaining on the mortgage?

Answer 1

Hello, yes it's actually common for people to give up their home to avoid further payment only if their lender agrees and allows that to happen. But of course, the remaining balance (the difference of the house value and what's left of the mortgage) must be paid. Walking away from an underwater mortgage can seriously affect that person's financial future and by extent his/her relationship with the community. His/Her credit score will go down with this, it may be difficult for him/her to qualify for another mortgage in the future. Another reason is that - in most states, it is completely legal for lenders to go after the difference (deficiency) because technically they own that and have rights to it.