To Pay or Not to Pay Your Mortgage?

I read an interesting article on Boston.com over the weekend, entitled Real Estate Deadbeats. The article talks about people who were no longer paying their mortgage but not leaving the house either. The “stay don’t pay” idea is one thought that doesn’t occur to most people, since most people assume that you will be evicted as soon as you stop paying. The truth however is slightly more complicated.

The article talks about a company called You Walk Away, which helps people when they decide to stop paying their mortgage. They clue them into the fact that, even if no mortgage payments are made, a person still owns that property until the bank legally and officially takes it back through the foreclosure process or the house is sold to someone else. As one lawyer put it:

“The banks can’t force you out until they own the property. You own the property even if you are late in payments, have a notice of default filed or a notice of trustee sale. Nothing can be done until the property has been sold at auction or the banks take it back.”

The most common advice given when someone decides to do this is to save all of their mortgage money and pay off any other debts. Any extra money should be used when it comes time to rent. This brings me to a conversation I had yesterday with a bank director. When I asked him what he was seeing when people stopped paying, he said the average time it took for his bank to foreclose on a property was 12-18 months. That’s a lot of money for people to put aside for fixing their other debts.  I am by no means recommending this route for those people who are underwater, in fact I would consider this an absolute last resort; but it is an interesting route that more and more people are taking.