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Strategic Defaults: What It Is, How It Works, and Real-life Implications

Last updated 03/08/2024 by

Alessandra Nicole

Edited by

Fact checked by

Summary:
Explore the pragmatic aspects of strategic defaults, a deliberate financial decision made by borrowers to halt debt payments, primarily in mortgages. This comprehensive analysis delves into the factors influencing such decisions, the consequences for credit scores, and practical alternatives available. Delve into the aftermath of strategic defaults during economic downturns, shedding light on their prevalence and impact. The article emphasizes the significance of understanding this last-resort financial strategy for both individuals and businesses in the finance industry.

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What is a strategic default? Explained: how it works, types, and examples

A strategic default is a calculated choice made by borrowers to discontinue payments on a debt, notably mortgages. This decision, initiated independently by the debtor rather than the lender, involves a thorough analysis of costs and benefits.

Understanding strategic default

Borrowers opt for strategic defaults when the market value of a property falls below the mortgage amount. This scenario commonly arises during financial distress, where waiting for market conditions or personal financial situations to improve becomes impractical.

Jingle Mail

Referred to as “jingle mail” by bankers, this strategic default process involves individuals mailing their property keys to the bank upon abandoning the property.

Who uses strategic defaults?

Individuals resorted to strategic defaults post the 2006-2007 real estate bubble burst and the subsequent Great Recession. Businesses, especially in challenging economic times, also employ this strategy when investment property values plummet.

Consequences of strategic default

While strategic default offers an escape from financial distress, it inflicts substantial damage on the debtor’s credit rating, potentially losing up to 160 credit points. Planning for strategic default may involve financial preparations, such as saving or acquiring new credit before defaulting.

Alternatives to a strategic default

Before opting for strategic default, consider alternatives like refinancing, renegotiating, or modifying mortgage terms. Another option is a short sale, allowing the property’s sale for less than its market value.

Can I buy another home after a strategic default?

Obtaining a new mortgage becomes challenging post a strategic default due to reduced credit scores. Fannie Mae imposes restrictions, rendering those who strategically default ineligible for a new Fannie Mae-backed mortgage for at least seven years.

What percentage of mortgage defaults are strategic?

The prevalence of strategic defaults varies based on economic conditions. During the 2008-09 financial crisis, approximately 10% of defaults were strategic.
Weigh the risks and benefits
Here is a list of the benefits and drawbacks to consider.
Pros
  • Strategic default can offer an escape from overwhelming financial obligations.
  • It allows property owners to cut losses when property values drop below mortgage amounts.
Cons
  • Substantial damage to the strategic defaulter’s credit rating, losing up to 160 credit points.
  • Difficulty in obtaining new credit or mortgages in the future.
  • Potential legal consequences, with lenders pursuing deficiency judgments.

Frequently asked questions

Is strategic default a common practice in the finance industry?

Strategic defaults are not uncommon, especially during economic downturns. Individuals and businesses may resort to strategic defaults when the market value of properties falls significantly below mortgage amounts.

Are there any legal consequences for strategic defaults?

While strategic defaults have credit-related repercussions, they may also lead to legal actions by lenders. Lenders may pursue deficiency judgments, depending on the jurisdiction, to recover the outstanding debt.

Key takeaways

  • Strategic default is a deliberate decision to stop repaying a mortgage, often chosen in times of financial distress.
  • It causes significant damage to credit scores, making it challenging to secure new credit or mortgages.
  • Alternatives such as refinancing or short sales should be considered before opting for strategic default.
  • During economic downturns, both individual homeowners and businesses may resort to strategic defaults.
  • Legal consequences, including deficiency judgments, may follow strategic defaults depending on jurisdiction and lender actions.

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