An “underwater” mortgage is when the balance of the mortgage loan is higher than the fair market value of the property. This type of situation became common following the housing market crash that occurred in the late 2000s when many homeowners saw their homes lose a considerable portion of their value.
An Example of an Underwater Mortgage
Let's say your mortgage is $500,000 but the market value of your home is only $475,000. Your mortgage is $25,000 more than the value of your home. In this case, your mortgage is underwater.
Problems Caused by Underwater Mortgages
Underwater mortgages can pose problems in several situations.
Difficulties in Selling Your Home
An underwater mortgage makes it difficult for homeowners to sell their house. Buyers generally will only pay market value for a home, but if the property is underwater, the sale price won’t be enough to pay off the mortgage debt. This makes it difficult, if not impossible, to sell a property that is underwater. Even if the lender agrees to a short sale, the homeowner may get saddled with a deficiency judgment. (Learn more about short sales and deficiency judgments following short sales.)
Not Able to Refinance
An underwater mortgage also often prevents a homeowner from being able to refinance the debt. Underwater homeowners are unable to get a new loan with more favorable terms (like a lower interest rate) if the current value of the property is not enough to act as security for a new loan that is sufficient to pay off the existing mortgage.
Higher Risk of Foreclosure
If the homeowner needs to sell the home or refinance because the monthly payments are too high, but cannot do so, there is a high risk that the home will go into foreclosure.
(To learn more about foreclosure and ways to prevent it, or alleviate its downsides, see Nolo's Foreclosurearea.)
Solutions to Underwater Mortgages
Because of the large number of underwater mortgages nationwide, some advocates and even governments are trying to come up with ways to help homeowners. To read about one proposed solution in California, seeThe Underwater Mortgage Problem: A Solution in California?