We purchased our first home in Jun 2006. It was $280,000. At the time, the average price for a home was just about $280,000. We decided on a 30 year fixed, with a 5% down payment as opposed to all the 80/20s and ARMs that were available. We were tired of renting after years of apartments, and were afraid that we would not be able to afford a home in a few more years –similar to California. We believed the mantra of 'American dream' and 'throwing money away on rent'. Now, our home is worth about $180,000. I hope. Nothing around here is selling. You can find many large, new homes, on big tracts of land, for low prices. Ours is a 3 bedroom, built in the late 70s. It was priced well at the time we bought it. I can continue to make the payments. But…I fear I am making a stupid decision—I will be a financial leper the rest of my life. I don't have any other debt. I think the best thing to do right now is cut my losses. But that seems wrong. Seems worse, though to risk my child's future on this 2006 sized LV mortgage. Do I keep paying, because I can? Or do I walk away? What are the consequences in Nevada? Maybe buy another house now (if someone will lend me th e$) and hope I make money on it and maybe the debt from this one comes out in the wash? Could my hubby and I divorce, one of us takes the debt, the other then still has ability to rent/buy?
First of all, it doesn't matter if you are 'underwater' unless you need to sell. Really, it doesn't.
People are 'upside-down' all the time on car loans and it doesn't freak them out.
The bank never agreed to be your financial partner and assume risk with you. The bank agreed to lend you money and you agreed that you would repay it. If you are able to do so, you should. If the property was worth 125% of what you paid for it (i.e. a 25% profit) would you be looking to share that with the bank? Why do you think they should take (or even share) YOUR loss? People walking away from upside down mortgages really have the potential to completely sink the financial sector!
You can't walk away with no penalty. That's because you borrowed the money and YOU agreed to pay it back. When you don't pay it back, it shows you are irresponsible with money and not a good credit risk.
There are four levels of things you can do if you have to sell. The further down the list you get, the more damage it does to your credit.
#1 - come up with the difference out of pocket at closing. Not terribly attractive, but does no damage to your credit.
#2 - get the bank to agree to a 'short sale'. From a bank's point of view a short sale is a loss mitigation technique - meaning they think they'll lose more if they don't do this. This is why they have means testing for a short sale and why you already have to be delinquent in payments.
#3 - deed-in-lieu of foreclosure. A 'voluntary' foreclosure. Saves the bank attorney fees and a court date. Trashes your credit. Similar to qualifying for a short sale, you have to be in distress for a bank to agree to this.
#4 - full foreclosure. The bank hires and attorney and goes to court to gain ownership.
In cases 2, 3 and 4 there is a deficiency. They can come after you for the balance. In some states it is difficult for them to do so and they may choose to forgive the balance. If they do, they will almost certainly send you a 1099 next tax season where the amount forgiven counts as income to you (and now you have a real tax problem). If the amount isn't forgiven, they can go to court and seek a deficiency judgement against you. After they get this, they can garnish your wages to get repaid (and garnish any tax return, etc., you might be owed).
There is no 'walking away'
good luck!