Dave Ramsey Calls Bank of America a 'Cesspool', Tells Homeowner to Consider Walking Away From Loan
The Phoenix rental owner could try a short sale, but Arizona's anti-deficiency laws may not cover his HELOC

Financial guru Dave Ramsey has branded Bank of America a 'cesspool' and urged a financially stretched homeowner to consider walking away from a $100,000 home equity line of credit (HELOC), but his advice could leave the caller facing a costly property dispute.
On the 15th October episode of The Ramsey Show, Ramsey reacted furiously after a caller named James revealed that Bank of America held the second loan on his struggling Phoenix rental property. He cited the bank's recently announced $1.2 billion regulatory penalty, calling it 'the evil empire' and declaring that its conduct showed it was 'truly a cesspool'.
Ramsey's proposed way out was to pursue a short sale and, if the lender refused to cooperate, stop making payments and 'tell them to come take it.'
The Homeowner's Tricky Financial Situation
James called The Ramsey Show as he has been struggling to sell his Phoenix investment property since July. Prospective buyers had repeatedly raised concerns about the house's lack of a garage.
He estimated the Arizona property's value at approximately $400,000, against a $260,000 first mortgage and a $100,000 HELOC.
His finances leave little room for a prolonged dispute. James told Ramsey he earns $6,900 monthly from his primary income and another $2,000 from a second job. He also has a $13,000 car loan and only $6,000 in savings.
Meanwhile, his Missouri home is worth an estimated $425,000, with $385,000 outstanding on its mortgage. Ramsey advised him to keep the Missouri mortgage current while exploring options for the Arizona property.
What Happens If James Sells the Phoenix Property?
The numbers suggest that a conventional sale or negotiated short sale deserves careful consideration before foreclosure.
At an estimated sale price of $400,000, James would have $40,000 remaining after repaying the two loans. If selling costs reached 7% of the sale price, or approximately $28,000, he could be left with around $12,000 before any additional costs or adjustments.
Reducing the sale price to $380,000 would change the calculation. After estimated selling costs of $26,600, the proceeds would be approximately $6,600 short of the combined $360,000 loan balances.
That shortfall would be painful, but it illustrates why a lower sale price is not automatically worse than foreclosure. A negotiated transaction could give James greater control over the timing and terms of the exit.
A short sale, however, requires the relevant lenders to agree to accept the proceeds. James should establish whether both lenders would approve the transaction and, crucially, whether either would forgive any remaining balance.
Could Walking Away Leave James Owing More Money?
The danger lies in assuming that surrendering the property ends the financial obligation.
If the property sold at foreclosure for $300,000, the proceeds would fall $60,000 short of the combined $360,000 principal balances before foreclosure expenses, accrued interest, and other costs. The amount ultimately owed would depend on the sale process, the loan documents, and applicable law.
Arizona law provides anti-deficiency protections for certain residential properties and qualifying loans, but those protections are subject to specific conditions.
The fact that James' Phoenix property is a rental does not automatically disqualify it. Arizona courts have recognised that qualifying investment properties can fall within the state's anti-deficiency laws. A HELOC is not automatically excluded either: its treatment may depend, among other things, on how the borrowed funds were used and whether the debt retains a qualifying purchase-money character.
The applicable rules can also differ depending on whether a lender pursues judicial foreclosure or a trustee's sale. James would need an Arizona foreclosure attorney to review both loan agreements, the property's characteristics, the history of the HELOC, and the proposed enforcement process before determining whether either lender could pursue a deficiency judgment.
However, Ramsey's suggestion that someone is not bankrupt until a creditor comes after them is not a sound substitute for that assessment.
In all, Ramsey's criticism of Bank of America may resonate with frustrated customers, but James' decision ultimately comes down to property values, loan terms, and legal protections—not the bank's reputation. With just $6,000 in savings, he has little room for an expensive mistake.
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