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Old and busted: paying your mortgage. New hotness: living in foreclosure without paying anything.

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Old and busted: paying your mortgage. New hotness: living in foreclosure without paying anything.

The housing crisis is still ongoing. While the national conversation has shifted away from foreclosures in favor of unemployment and big government bailouts, many Americans are still in trouble with their mortgages. I seem to remember there used to be a time where, if you were in trouble with a loan, you would pay any little bit you could. Maybe you paid half at the beginning of the month and half on your next paycheck. Maybe it was even less than that. What counted was that you were making the effort. You work with your lender to avoid going into foreclosure at all costs.

That was then. Now, the new hotness is just to say to hell with paying your mortgage. Homeowners are letting themselves go into foreclosure with no intention of paying their mortgages, so that they can use the extra money on truly important things… like going out to eat at Outback and taking trips to the Hard Rock Casino.

For Alex Pemberton and Susan Reboyras, foreclosure is becoming a way of life — something they did not want but are in no hurry to get out of.

Foreclosure has allowed them to stabilize the family business. Go to Outback occasionally for a steak. Take their gas-guzzling airboat out for the weekend. Visit the Hard Rock Casino.

“Instead of the house dragging us down, it’s become a life raft,” said Mr. Pemberton, who stopped paying the mortgage on their house here last summer. “It’s really been a blessing.”

A growing number of the people whose homes are in foreclosure are refusing to slink away in shame. They are fashioning a sort of homemade mortgage modification, one that brings their payments all the way down to zero. They use the money they save to get back on their feet or just get by.

This type of modification does not beg for a lender’s permission but is delivered as an ultimatum: Force me out if you can. Any moral qualms are overshadowed by a conviction that the banks created the crisis by snookering homeowners with loans that got them in over their heads.

“I tried to explain my situation to the lender, but they wouldn’t help,” said Mr. Pemberton’s mother, Wendy Pemberton, herself in foreclosure on a small house a few blocks away from her son’s. She stopped paying her mortgage two years ago after a bout with lung cancer. “They’re all crooks.”

Get that? In today’s loony liberal land, it’s all the lender’s fault. It couldn’t possibly be the homeowner’s fault that they bought a house they couldn’t afford. Right?

Maybe not. The couple quoted in this story, Mr. Pemberton and Ms. Reboyras, aren’t exactly blameless in this situation. Just like most people who go into foreclosure, really.

The couple owe $280,000 on the house, where they live with Ms. Reboyras’s two daughters, their two dogs and a very round pet raccoon named Roxanne. The house is worth less than half that amount — which they say would be their starting point in future negotiations with their lender.

“If they took the house from us, that’s all they would end up getting for it anyway,” said Ms. Reboyras, 46.

One reason the house is worth so much less than the debt is because of the real estate crash. But the couple also refinanced at the height of the market, taking out cash to buy a truck they used as a contest prize for their hired animal trappers.

It was a stupid move by their lender, according to Mr. Pemberton. “They went outside their own guidelines on debt to income,” he said. “And when they did, they put themselves in jeopardy.”

So they refinanced their home to buy a new truck — not even a truck that they needed for themselves, but a truck to give away. And yet, this was a stupid move by the lender?! Right. It’s the big bad predatory lender’s fault for not telling poor Mr. Pemberton that he was a big fat idiot.

And by coincidence, I’m sure, Mr. Pemberton and Ms. Reboyras’ lawyer seeks out these kinds of cases and encourages people to not pay their mortgages. This way, you get to live in your house — for free!

Both generations of Pembertons have hired a local lawyer, Mark P. Stopa. He sends out letters — 1,700 in a recent week — to Floridians who have had a foreclosure suit filed against them by a lender.

Even if you have “no defenses,” the form letter says, “you may be able to keep living in your home for weeks, months or even years without paying your mortgage.”

About 10 new clients a week sign up, according to Mr. Stopa, who says he now has 350 clients in foreclosure, each of whom pays $1,500 a year for a maximum of six hours of attorney time. “I just do as much as needs to be done to force the bank to prove its case,” Mr. Stopa said.

It’s sickening, really. There are people out there milking the system for all its worth, taking no responsibility for their bad decisions, and then blaming the lenders when they end up in trouble. It’s usually the bad decisions of the borrowers that put them into foreclosure to begin with, and then they just want to sit back and do nothing, because somehow, everyone is apparently entitled to live in their home without paying the mortgage on it now. There are always alternatives, ways to avoid foreclosure. It isn’t like selling the home isn’t an option, but no one wants to do that. They can’t renegotiate their loan either, because the lenders are big bad predatory crooks out to get them. Apparently, the right thing to do is to squat in a house you don’t even fully own yet without paying what you legally owe.

In reality, this is theft. It’s a crime, and the bums should be thrown out on the street like they deserve. I have no sympathy for someone who pays nothing on their mortgage and willingly goes into foreclosure so that they can go out to eat, go on airboat rides, and gamble at the Hard Rock Casino.

Part of this is thanks to Democrats and Obama in particular. The endless demonizing of Wall Street and banks and big business has given people like these bums a ready-made excuse to stop paying their mortgages, yet still expect to live in their house. These people said so themselves. The banks are crooks. Lenders are greedy. They’re getting what’s coming to them, right? No one forced these people to take these loans, no one made them refinance, but it’s always someone else’s fault.

I understand that people sometimes fall on hard times. Honest people don’t use that as an excuse to abandon all responsibility and ignore their own bad decision-making. What is happening here is theft and the lowlifes should be thrown out on the street where they belong.

Hey, if they live on the street, they can still use their money on what really matters, like steak at Outback and gambling at a casino.

Cross-posted at The Green Room.

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17 Comments
  • Let me try to anticipate what the counterargument would be:

    When people stop paying their mortgages it frees up lots of cash, and they go spend it on “going out to eat at Outback and taking trips to the Hard Rock Casino.” That mortgage money then lands in the tip jar of the Outback waitress and then she goes out and spends it on other things, and we have an Obama recovery helping to pull us out of FaPoBuAd (failed policies of the Bush administrationTM).

    Oh yeah and I forgot about the coup de grace: You’re a stupid knucklehead conservative gun-n-bible-clinger for not figuring this out for yourself.

    Did I win anything?

  • Sonja says:

    Yeesh. I just can’t understand that. My husband and I spent ages just crunching numbers to see what we could afford. THEN we went to the banks. They said we could borrow far more than we’d calculated we could afford, and only borrowed what we needed.

  • draco says:

    morgan u also forgot that obama and dems were supporters of those loan -policy just the same as bush

  • Stuart says:

    Bush left this country is such a mess, it would take Obama two terms to fix it all. Sadly, he’s destined to be a one-term president — in no small measure to the kind of “demonizing” of all liberals and progressives on blogs such as this. Morgan … you win a dunce cap.

  • madatwallstreet says:

    I’ve been doing this for the last 3 years after I lost my job to a third-world call center.

    I guess that makes me anti-American or something. *shrug*

  • Stuart Says:

    it would take Obama two terms to fix it all. Sadly, he’s destined to be a one-term president — in no small measure to the kind of “demonizing” of all liberals and progressives on blogs such as this

    Aww…to bad the world’s smallest violin is in the shop, otherwise I’d be playing a sad sad little tune for Stuart and all the unfairly maligned progressives out there.

    Apparently being a liberal or progressive comes with a ‘get out of responsibility free’ card.

  • Stuart says:

    “Get out of responsibility” = today’s Republican Party? “No, hell no” to all attempts at bipartisan progress on unemployment, housing crash, health care … Come on Fenway, it all didn’t magically gurgle to the surface on Jan. 21, 2009. Give the new guy a chance.

  • Stuart,

    Now that you’ve fulfilled my first prediction handily, please offer a date on which the “give the new guy a chance” excuse is going to expire. When our “new” president will finally step up and own the situation without doing the tired ol’ mediocre-leader dance of blaming the predecessor.

    For my second prediction, I predict your answer is…never. Or Holy Man’s last day in office, plus one.

    Too easy.

  • WayneB says:

    Cassy, I just sent you a link to the FB post I made on something related to this. There is actually a service for helping people do “Strategic Defaults”, where they stop paying their mortgage merely because the value of their home has dropped and is no longer worth what they owe on the loan, even if they are completely able to make the payments:

    http://www.youwalkaway.com/

    The number of people who responded to my post who had no problems with the idea was staggering.

  • “No, hell no” to all attempts at bipartisan progress on unemployment, housing crash, health care

    Tell ya what, Stewie…..I’ll get worked up over the GOP being the party of ‘no’ when the Prez proposes something worthwhile that they say ‘no’ to.

    Here’s a hint- Nationalization isn’t “reform”!

  • CO of Fort Housewife says:

    No sympathy. None. One would think grown-up, real-world adults would have some sort of a clue. Hell, I’m still under 30 and this is NEVER something I would do. When we had to move to Georgia from Virginia (after buying a house in VA, and not being able to find anyone to rent it), we sucked it up, kept paying the mortgage, paid rent on a small apartment in Georgia and lived without going to Outback or the casinos. One one income. With 2 kids. Without putting the electricity bill on the credit cards. It’s called a “budget”. The sad thing is, is that these people have missed their chance to learn.

  • madatwallstreet says:

    CO of Fort Housewife,

    Try removing your mindset from a nonexistent utopia and live in the real world where layoffs and unforeseen circumstances occur.

    Your rhetoric sounds very un-Christian, especially when you paint us with a broad brush and say you do not empathize with us.

  • Stuart says:

    Fenway,

    Health care has not been “nationalized,” any more so than programs such as Medicare, Medicaid, Supplemental Security Insurance, the FDIC …

    There is a role for government to help those less fortunate, in this case the estimated 46 million Americans who had no access to even basic insurance.

    My broader concern — and you may play the violin, if you wish — the “hell no” tea party is going make a shipwreck of the Republican Party. Remember them? The party of Theodore Roosevelt, Dwight D. Eisenhower, Gerald Ford, pre-Watergate Nixon, George H.W. Bush, John McCain …

    The health care solution probably would not have leaned toward what you misidentify as “nationalization” if a LEADER in the GOP had stepped forward to work with the new administration.

    As for playing your fiddle, how about to the tune of “You’ve Done a Heckuva Job, Brownie.” Or, if you prefer a shorter work, “Mission Accomplished.”

  • Wow.

    I can’t afford to gamble at the Hard Rock Casino (or any casino) or go out to eat, so I don’t do it. I’m sure that CO of Fort Housewife is the same way. This raises the question: why should this lady (who has no idea how to name raccoons, by the way) get to do things that I don’t have the money for?

    My parents – my employed, workaholic parents – do not live that lifestyle. They go out to eat maybe ten times a year, and always to reasonably priced chains. No Outback for them. They gamble maybe every few years – always only a hundred dollars or so. They are millionaires but do not live the lifestyle that these people feel entitled to.

  • CO of Fort Housewife says:

    Madatwallstreet~ please explain how refinancing a home to buy a truck (not even for yourself, but for a prize) is an unforseen circumstance.

    I do have sympathy for many people who are facing forclosure…maybe I even have sympathy for you. Not knowing your backstory, I will reserve judgement on that for now.

    But these 2? Nope. When you are blaming your LENDER for loaning you money that you wanted to buy a truck? Not kicking yourself in the head, Monday-morning quarterbacking and saying, “gee, I could have done that differently”? I’d like to know how much this truck cost, if they had to refi in order to buy it.

  • Smithwick says:

    Well nothing will get the housing market back on track faster than people not paying their mortgages. That’s really what the banks prefer; to sit on useless assets that generate no revenue for them. It makes them far more willing to give people low interest loans in the future.

  • Miguelito says:

    While I do feel sorry for those that truly did only go into foreclosure due to a job loss and weren’t living beyond their means.. those types seem to be the (tiny) minority at this point. I’ve seen several houses in my neighborhood go into floreclosure (or at least short sale) where they’d clearly HELOC’d up to the max, remodelled, bought cars, etc.. then were shocked when the gravy train ran out.

    I do have 2 different friends in upside down situations. One simply bought with a 80/20 loan and is upside down. They’ve been completely up to date on payments and doing ok, but have been working with BofA (original loan was with Countrywide I think.. got sold and resold around until landing with BofA) for almost a full year to refi. The bank has basically been telling them that they’re not even bothering to try to refi people that aren’t behind on payments. Way to go.

    Another friend and his wife did over stretch some on rental property investments. One of them is upside down. He was also keeping up with payments but at a loss. Ran into the same “We can’t help you because you’re not behind,” response and is looking to drop that one property if they won’t work with him. This same friend tried to get me to go in with him on some rental properties in the 2007 time frame. I was somewhat interested, but only in specific price ranges and areas. He kept pushing me to borrow a lot more and I refused. After the economy started to really tank, he finally admitted it was a good thing I held him back.

    Me? I bought in 2001 before prices were completely insane here (San Diego). I also was basically laughed at by some because I not only put 20% down, but got a 30 year fixed. Guess who’s laughing now? 🙂

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