This is an educational article about the current financial crisis and whether it is wise to “walk away” from your mortgage.

The answer to this question depends to a large part on whether you live in a state that has consumer protection statutes known as “anti - deficiency” statutes. These statutes are designed to protect the homeowner from being responsible for loans secured by their personal residence when the personal residence is “underwater.” An “underwater” personal residence is one in which the principal balance on the loans that are against the property are in excess of the value of the property.

The first thing you must do is check with a local real estate attorney to make sure that your state legislature has enacted laws that prevent banks from suing homeowners for deficiencies. These laws protect single family owner occupied residences.

A typical example of a legislature enactment is California’s Code of Civil Procedure section 580b which provides as follows:

“No deficiency judgment shall lie . . . . . for failure of the purchaser to complete his or her contract of sale, or under a deed of trust or mortgage given to the vendor to secure payment of the balance of the purchase price . . . . .or under a deed of trust or mortgage on a dwelling for not more than four families given to a lender to secure repayment of a loan which was in fact used to pay all or part of the purchase price of that dwelling occupied, entirely or in part, by the purchaser.”

In California, the pivotal part of a strategic default is that the loan is a “purchase money” loan used to purchase his home. Thus a HELOC, home equity line of credit, does not typically fall within the California statute and to default on a HELOC will likely result in a lawsuit against the homeowner for non - payment of the balance.

It is important to note that in California, like most states that have such legislation, the anti - deficiency statutes apply to a “dwelling of not more than four families” which typically means a single family residence. Although in California it also applies to up to four unit buildings, so long as you live in one of the units.

More information on this subject can be found on the website http://www.palmspringslitigationattorney.com

This type of statute has been adopted in many states across the country. You should check with an attorney in your state to find out the exact language of the statute in your state and whether or not it applies to you.

As you can see, anti - deficiency legislation in the states like California protect a homeowner who has a loan that is secured by a “purchase money” loan on his or her personal residence.

After making the determination, that you are in an anti - deficiency state a strategic default is up to you.

Strategic defaults are not without consequences, however, to credit. It is always best to evaluate all factors and to seek legal advice from a real estate attorney in your state.

Attorney Mitchell Reed Sussman is a California real estate attorney specializing in real estate, foreclosure and bankruptcy.

There was a time when vacant, board-ups were few and far between; now we see several empty homes on every street in many neighborhoods. It doesnt matter if were in lower-class, urban areas or in the middle to upper-class neighborhoods; there are many empty houses that are difficult to sell.

Declining real estate values and the troubled economic times have forced many responsible people to be at risk of losing their homes. Unemployment, pay cuts and the decrease in job benefits has caused millions of homeowners to face foreclosure; millions more are expected to struggle before things improve.

Though the crisis seems to be temporary, something still needs to be done to assist distressed homeowners. Sure, we will find a balance as prices continue to decline and the demand for real estate goes up, but until then, we need to decrease the number of foreclosures which add to the problem.

Vacant homes, littered with debris, are an eyesore to the neighborhood and a danger to the community. Children and teens find these empty houses attractive as they go in to explore or play. They can be injured or, heaven forbid, fall victim to predators who may be waiting inside or force them inside.

New Programs Provide Hope for Homeowners

The Obama Administration launched several new programs in March, 2009, to offer assistance to as many as 9 million homeowners who continue their effort to make their mortgage payments. The plan is to reduce the destructive impact of the housing crisis on families and communities. The Making Home Affordable program was designed to support a recovery in the housing market and ensure that responsible homeowners will be able to continue making their mortgage payments.

This program brings together government, mortgage holders, investors and homeowners to share the responsibility toward preventing more Americans from losing their homes.

New Home Affordable Refinance Program

This program is expected to help about 5 million responsible Americans refinance their homes by reducing their interest rate; therefore, reducing their monthly mortgage payment. Under this new program, homeowners cannot owe more than 105% of their homes current market value. Though many people paid at least 20 percent down when they purchased their homes, and some people are in the habit of making extra principal payments on their loans, many still have trouble refinancing because values have declined sharply. The Obama Administration has launched this program to help responsible homeowners, whose loans are guaranteed or owned by Freddie Mac or Fannie Mae, refinance their mortgage to make their home more affordable.

The Home Affordable Modification Program

It is anticipated that this $75 Billion program will reduce foreclosures and help responsible families keep their homes by modifying the terms of their mortgage as the Treasury Department cooperates with federal agencies on a comprehensive, multi-part strategy.

The Home Affordable Modification Program is expected to help millions of homeowners who struggle to make their mortgage payments, but are unable to refinance due to declining real estate values. So many responsible homeowners have found themselves upside-down with their homes being worth far less than they owe on their mortgage. It is hoped that this program will provide security for families and stability for communities hardest hit by foreclosures.

The beauty of this program is that it brings together all parties involved, including lenders, investors, servicers and borrowers and the government to share in the cost of ensuring that responsible homeowners can afford their monthly mortgage payments. This will result in reduced foreclosures and to avoid further downward pressures on overall home prices.

How it Works

The Treasury will partner with financial institutions and investors to reduce homeowners monthly mortgage payments.

Provided the lender agrees to a loan modification, the borrowers payment will be reduced to a level of no more than 38 percent of their income.

The Treasury shares the costs of reducing the payment further, from 38% of the borrowers income to 31% of the borrowers income.

The modified payments are kept in place for 5 years. After 5 years, the interest rate can be gradually increased by 1% per year until it reaches the capped rate in place at the time of the modification.

In order to reduce the monthly mortgage payment, the lender can agree to an interest rate as low as 2% and/or a mortgage term extended to up to 40 years. If the monthly payment still does not reach the target amount, the principal can be reduced; this is a last resort.

Lender Incentives to Cooperate

Lenders and servicers will be awarded $1,000 for each loan modification which meets the guidelines established under this new plan. They will also receive an additional $1,000 per year, for three years, if the homeowner is successful in maintaining the new agreement.

Servicers will be offered similar incentives if they modify FHA, VA or Agriculture Department loans, or refinance loans according to the Hope for Homeowners or similar FHA programs.

Studies have shown that modifications are more successful if they are done before borrowers are behind in their payments; therefore, incentives are being offered to lenders who cooperate before the mortgage is in default.

Hopefully, things will begin to improve as homeowners take advantage of these new programs. Preventing foreclosure will result in stabilizing areas already suffering due to vacant homes.

The multitude of recent news reports out of Washington results in a lot of questions concerning President Obamas plan to reduce foreclosures. I will attempt to minimize this confusion by briefly explaining the highlights of Obamas plan. The government estimates that this plan will assist up to nine million distressed homeowners. As the Mortgage Bankers Association indicates that there are about 51 million first mortgages in the US, this means about 18 percent may qualify for this program which was launched in March, 2009. This is a summary of a very detailed program which you can learn more about by going to the US Government website at financial stability.gov.

The serious matter of foreclosure has caused enough stress without the annoying number of acronyms being applied to the subject. Even real estate professionals and mortgage specialists are overwhelmed with these government acronyms, including TARP, TALF, H4H, GSE, FNMA, FLHMC, PITI, FHA, VA, USDA, just to name a few! Unfortunately, I must make use of them throughout this article as they are widely used within the industry.

There are essentially 2 parts to the program: The first is a plan to refinance eligible mortgages and it is being referred to as Home Affordable Refinance. The other part deals with loan modifications and is known as…Home Affordable Modification. Its just a matter of time until these are called HAR & HAM I am predicting.

First the HAR (Home Affordable Refinance):

The current mortgage must be owned or guaranteed by either Fannie Mae (FNMA) or Freddie Mac (FLHMC). If you are not sure if your mortgage meets this first requirement, you can call (800) 7FANNIE or (800)7FREDDIE between 8am ” 8pm EST. The property MUST be your primary residence. Second Homes and Investment Properties do not qualify. The borrower(s) have sufficient income to qualify. The mortgage must be up to date with no 30 day delinquencies in the last 12 months. The first mortgage cannot exceed 105% of the current market value. Example: If the property is worth $100,000, the maximum that can be owed is $105,000. If there are additional mortgages (Second Mortgage, Home Equity Line of Credit, or other liens), the other lien holders must be willing to subordinate their liens in writing to the new first mortgage. Subordinate simply means that the first mortgage will retain its superior lien position. It is OK if the total owed exceeds 105% of current value, as long as the first mortgage refinance does not exceed the 105% rule. The program officially started 3/4/2009.

A Summary of the HAM Program:

To be eligible, the Lender must be willing to participate. Investor/Lender & Servicer participation is voluntary on their part. The intention of the program is to avoid foreclosures whenever possible. Each case is evaluated separately and borrowers must prove that they can afford the modified payment. There must be a steady source of income to be eligible. There must be a documented financial hardship to qualify. The current monthly PITI (Principle, Interest, Taxes, & Insurance Total) must exceed 31% of the borrower(s) gross monthly income. No jokes allowed about the PITI acronym. The borrowers do not need to be current on the monthly payments. Again, each situation is unique and will be evaluated on a case-by-case basis. The goal of the plan is to reduce the total housing PITI payment for all mortgages to no more that 31% of gross income. This includes any second mortgages or HELOCS who must be willing to participate and subordinate their liens to the new modified mortgage. The subject first mortgage must be for the Borrowers primary residence. Second homes and investment properties are not eligible. The subject mortgage must have been made before 1/1/2009 and it cannot exceed $729,750. I am sure there is a reason that they used $729,750 as the maximum, but I cannot find any information about how the government arrived at this amount. The payment reduction will be achieved by reducing the interest rate, extending the term of the loan, or by a principle reduction (last resort). Remember, this is voluntary on the lender/investor and/or servicers part. Modifications are for a 90 day trial period. If the borrower(s) honor all of the terms during the 90 day trial, then the modification will be extended for a term of no less than 5 years. Beginning in year 6, the interest rate can be increased by no more than 1% per year until the note rate reaches the Freddie Mac Primary Mortgage Market Survey Rate on the date that the modification is executed.

This is a brief summary, highlighting the terms and conditions of these new programs. For more information, you can visit the website at financialstabiltiy.gov.

Lets all hope that this new initiative is more successful than the Hope for Homeowners Program (H4H) that started October 1, 2008. The following article was published recently by Time Magazine:

Grade: F The Plan: Enacted on Oct. 1, Hope for Homeowners was to be the main foreclosure rescue plan from Congress, which allocated $300 billion for the effort. Supporters in Congress, like Massachusetts Representative Barney Frank, said the program would allow hundreds of thousands of borrowers, perhaps millions, to refinance into lower-cost loans by cutting the amount they owed, which for many at-risk-of-default homeowners was more than their house was worth.

The Result: So how many people have Hope for Homeowners saved from foreclosure? Zero. There have been 326 applications in the three months since the program started, but none of those people ” let alone the nearly 6 million homeowners who, by some estimates, may face foreclosure in the next few years ” have received a new mortgage or a modification for the one they have. What’s more, none of the major mortgage lenders, such as Bank of America, Citigroup and Wells Fargo, has signed on to the loan-principal-reduction program ” which gives Hope for Homeowners little chance of being successful anytime soon. “Foreclosure is the problem we have to spend a lot more effort trying to solve,” says the Economic Policy Institute’s Robert Scott. “We need to put a floor under housing prices, and stopping foreclosures is the way you do that.”

Keep in mind that this article is my understanding of the new programs; all information should be independently verified. This is a government program; therefore, subject to modification. Research and educate yourself