Walking Away From a Home To Avoid Foreclosure

A homeowner might want to give up their home instead of saving it from foreclosure. Many reasons or factors can impact this decision. Your loan servicer’s foreclosure prevention programs can’t resolve every situation.

In some cases, staying in a home could lead to a worse overall financial impact than walking away voluntarily. But it can be hard to make this calculation and decide whether this is the best option for you. Borrowers can consider other options to avoid foreclosure. Speaking with an experienced foreclosure lawyer can also give you more clarity.

How Do I Get Out of an Expensive Mortgage Loan?

A few options to eliminate a mortgage completely include:

• Selling the home to satisfy the remaining mortgage debt
• Giving up the property deed to the loan company or bank in exchange for debt forgiveness
• Paying off the mortgage in full, which would require sufficient cash savings or liquidation of valuable assets other than the home

You may also address high mortgage payments while keeping the home, such as by:

• Refinancing to replace your mortgage with a new one, usually for a lower interest rate
• Requesting a special forbearance to stop payments during a temporary hardship
• Applying for a loan modification to get new terms for your existing mortgage

If your house payments have become unaffordable or you simply want to do something else with your money, it is possible to get rid of a mortgage loan. But the most advantageous option will depend on your individual circumstances. 

Factors To Consider Before Walking Away

You shouldn’t assume that keeping your house is always the best choice. You should think about whether:

• The remaining balance of your mortgage debt exceeds your home’s equity
• The fair market value of the property stands to grow in the near future
• There are other liens (e.g., mechanics liens or IRS tax liens) on your real property that affect its value and your ability to repay
• Your mortgage company will work with you to lower your monthly payments
• You care about keeping a healthy credit score and credit report
• Your mortgage lender can pursue a deficiency judgment against you after foreclosing
• You can obtain relocation assistance if you part with your home
• Your family would have another place to stay or would be displaced
• The legal, financial, and emotional costs of saving your home would be justified
• You’d have another chance to live in the same type of home, with all of its unique features, location, amenities, and surrounding neighborhood

There are many other factors that may be specific to your situation. For example, you might just be tired of bad neighbors. Maybe you are facing health challenges that warrant a more accommodating living space. Or maybe you’re just tired of living in the same place, and you’re ready for a major move and a fresh new start.

While walking away from your home for good might solve more than one issue, you should also make sure you understand all the consequences. While you should always prioritize your physical, mental, and emotional health, your finances can have a major impact on your life. Whether or not you give up your home is ultimately a decision that impacts your financial situation.

Selling Your Home Can Stop Foreclosure

Your servicers might postpone foreclosure proceedings if you have a pending sales contract or if you’ve put your home on the market.

This pause will help if the sale proceeds can pay off the following:

• The entire loan balance
• The expenses related to selling the home (e.g., real estate agent fees)

With a pre-foreclosure sale, you can avoid legal fees and late fees as well as damage to your credit rating. You can also protect the equity you have in the property.

But there may be tax consequences to selling your home, especially if it has appreciated in value since you bought it. Make sure to consult with an accountant to study these issues first.

What If My House Sells for Less Than I Owe (Short Sale)?

Before foreclosing on the property, your loan servicer might let you sell the home yourself. A short sale occurs when the selling price of a home is lower than what you still owe on the mortgage.

The lender might hold you responsible for the rest of your debt after the sale. Alternatively, the lender may agree to forgive any shortfall between your mortgage balance and the sale price.

With a short sale, you can avoid a crippling foreclosure entry on your credit report. But you may still have a tax liability on the amount of debt forgiven. Consider talking with an accountant, financial advisor, or attorney for more information.

Can I Surrender My House to the Bank?

Yes, surrendering the home may be an option to avoid foreclosure in some cases. A deed in lieu agreement lets you transfer your property title voluntarily to the loan servicers. In exchange, the rest of your debt may be canceled by the mortgage loan company.

A deed in lieu of foreclosure may not damage your credit as much as a foreclosure, but the drawbacks include the following:

• You’ll lose your home.
• You’ll lose any equity in the property.
• You may also have an income tax liability for the amount of debt forgiven.
• A deed in lieu may not work for you if other obligations or loans are secured by the property on your home.

A Foreclosure Lawyer Can Help

If you’re not sure whether it’s a good idea to keep your home, consult with a foreclosure attorney. A lawyer can give you disclaimers about every option and how it works. They can also help you with refinancing your mortgage payments if you decide to keep your home loan. Before you make any last-resort decisions, get legal advice first.