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335 Million Settlement on C'wide Lending Bias - Leigh Attridge/MA
12/21/2011 6:58:31 PM (4509 views)

Schey v Johnson teardown in Mhead - Leigh Attridge/MA
12/20/2011 4:28:14 PM (5390 views)
Re: Schey v Johnson teardown in Mhead - Robert Franco/OH
12/21/2011 10:42:41 AM (4069 views)
Re: Schey v Johnson teardown in Mhead - Leigh Attridge/MA
12/22/2011 3:19:01 PM (4098 views)

Comment on "Rich Bank, Poor Bank" - Source of Title/OH
12/20/2011 1:56:32 PM (3136 views)
Nobody thought about declining real estate values... - Robert Franco/OH
12/20/2011 1:56:33 PM (4137 views)
Re: Nobody thought about declining real estate values... - Slade Smith/OH
12/20/2011 3:30:06 PM (4286 views)

Global Data & Need To Know/Search The Nation - Pam Effinger/VA
12/19/2011 12:13:37 PM (3752 views)
Re: Global Data & Need To Know/Search The Nation - Nils Nelson/ME
12/19/2011 2:43:06 PM (4646 views)
Re: Global Data & Need To Know/Search The Nation - Jason Knowles/AL
12/22/2011 10:59:37 AM (4391 views)
Re: Global Data & Need To Know/Search The Nation - Nils Nelson/ME
12/22/2011 11:13:48 AM (4504 views)
Re: Global Data & Need To Know/Search The Nation - Leigh Attridge/MA
12/22/2011 4:59:07 PM (4485 views)
Re: Global Data & Need To Know/Search The Nation - Jessica Talley/FL
12/23/2011 9:39:42 AM (4569 views)

Email Scam Heads-Up - Scott Perry/PA
12/17/2011 12:22:53 PM (4645 views)
Re: Email Scam Heads-Up - Slade Smith/OH
12/17/2011 6:55:46 PM (4292 views)




Rethinking How the Law is Taught - Leigh Attridge/MA
12/17/2011 8:07:18 AM (4625 views)

If you wonder why I sound frustrated when you call me...... - CHARLENE  PERRY/MD
12/15/2011 3:43:26 PM (3115 views)

Rush for Gas Rights Ignites Battle for Control of Land - Leigh Attridge/MA
12/14/2011 5:18:05 PM (5004 views)
Re: Rush for Gas Rights Ignites Battle for Control of Land - Scott Perry/PA
12/17/2011 12:40:26 PM (4082 views)

Dodd-Frank and QRM's - CHARLENE  PERRY/MD
12/13/2011 2:22:35 PM (3586 views)
Re: Dodd-Frank and QRM's - Slade Smith/OH
12/13/2011 6:07:17 PM (4460 views)
Re: Dodd-Frank and QRM's - CHARLENE  PERRY/MD
12/13/2011 8:16:35 PM (4468 views)
Re: Dodd-Frank and QRM's - CHARLENE  PERRY/MD
12/13/2011 8:17:47 PM (4376 views)

Comment on "PA Government Official Arrested for Lying about Connection to Title Company" - Source of Title/OH
12/12/2011 12:47:41 PM (3246 views)
Depends on the definition of Conflict - Jeffrey Land/NJ
12/12/2011 12:47:41 PM (6144 views)
I figured the relationship might be something like that... - Slade Smith/OH
12/12/2011 2:18:38 PM (6528 views)

Strategic Defaults - What's good for American Airlines might be good for borrowers - Leigh Attridge/MA
12/12/2011 10:24:24 AM (4900 views)
Re: Strategic Defaults - What's good for American Airlines might be good for borrowers - Robert Franco/OH
12/12/2011 12:01:40 PM (4471 views)
Re: Strategic Defaults - What's good for American Airlines might be good for borrowers - Slade Smith
12/12/2011 12:14:58 PM (4354 views)

This is kind of a two-wrongs-make-a-right argument.  If you don't think it's right that a corporation weasels out of debts that it could and should pay, I don't see how you can justify it when an underwater homeowner does it.

Moreover, (and take this with a grain of salt, because I have not closely examined the AMR bankruptcy) I think the AMR bankruptcy is probably more defensible than a true strategic default-- where the borrower has plenty of income and a positive net worth, but simply chooses not to pay the mortgage.  While AMR may have enough cash to meet all their obligations for a short period of time, doing so would likely leave the company in a position where it would simply have to be shuttered, costing tens of thousands of people their jobs.  By declaring bankruptcy before that point is reached, the enterprise is likely salvageable, saving jobs. In the case of the positive net worth strategic defaulter, their decision is merely to benefit themselves at the expense of the lender.

One thing that I believe needs to be done is to legalize mortgage cramdowns in bankruptcy.  The fact that homeowners can't get relief from their mortgage debt in bankruptcy creates a mismatch between the set of people who truly need relief from their debts and those who can get it.

I don't necessarily think that legal cramdowns would cause everybody with an underwater mortgage to file for bankruptcy.  If cramdowns were legal, then I think banks would be far more likely to approve modifications and short sales for fear that the homeowner would declare bankruptcy and leave the fate of the mortgage in the hands of a bankruptcy judge.  So many underwater homeowners would not have to file for bankruptcy but they would still be helped by the possibility of a cramdown. 

Bankruptcy would be able to distinguish between strategic defaulters with a lot of wealth and strategic defaulters who have a negative net worth because of how much they are underwater.  I do not approve of strategic defaults, but I really do not consider it to be a strategic default in case when the borrower has just enough income to make their mortgage payment but is put into a negative net worth situation because of the underwater mortgage.  In these cases, the borrower is trapped in the home and the underwater mortgage will be a burden for years and years.  These are cases where the borrower should have the option of bankruptcy but currently doesn't. 

It's a wholly separate situation when the underwater borrower has plenty of income and wealth and they strategically default.  I think that is morally wrong and should not be encouraged.  One thing that could deter this kind of strategic defaulter is if banks had stronger recourse to collect deficiencies after foreclosure.  Perhaps there could be a tradeoff between cramdowns and recourse laws such that those whose mortgage was a legitimate burden could get relief in bankruptcy, but those with a lot of wealth would have no way out of the debt.

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Mortgage Deficiencies - Victoria Moate/NJ
2/20/2012 7:54:00 PM (4121 views)
Re: Mortgage Deficiencies - Slade Smith/OH
2/21/2012 3:30:27 PM (4109 views)
Mortgage Deficiencies - Clarification - Victoria Moate/NJ
2/21/2012 10:42:24 PM (6681 views)
Re: Mortgage Deficiencies - Clarification - Slade Smith/OH
2/21/2012 11:57:46 PM (3976 views)
Re: Mortgage Deficiencies - Clarification - Robert Franco/OH
2/22/2012 8:44:58 AM (3837 views)

Multifunction Printers/Scanners - F P/VA
12/12/2011 9:31:43 AM (3634 views)
Re: Multifunction Printers/Scanners - Leigh Attridge/MA
12/12/2011 10:32:32 AM (4586 views)
Re: Multifunction Printers/Scanners - Leigh Attridge
12/12/2011 10:32:35 AM (4524 views)
Re: Multifunction Printers/Scanners - Serena Stout/VA
12/12/2011 11:06:38 AM (4550 views)
Re: Multifunction Printers/Scanners - F P/VA
12/13/2011 7:03:58 AM (4352 views)
Re: Multifunction Printers/Scanners - Heather Seymour/IN
12/12/2011 11:12:05 AM (7589 views)
Re: Multifunction Printers/Scanners - Alix Ott/MI
12/13/2011 10:17:13 AM (4342 views)
Re: Multifunction Printers/Scanners - F P/VA
12/13/2011 8:51:55 PM (4533 views)
Re: Multifunction Printers/Scanners - Marian Littleton/VA
12/15/2011 10:54:30 AM (4587 views)
Re: Multifunction Printers/Scanners - Phil McLean/CO
12/18/2011 11:30:56 AM (4351 views)
Re: Multifunction Printers/Scanners - Alix Ott/MI
12/19/2011 8:38:46 AM (4138 views)
Re: Multifunction Printers/Scanners - Brenda Palmer/TN
12/19/2011 2:34:17 AM (4234 views)
Re: Multifunction Printers/Scanners - Paul Miller/MA
12/19/2011 8:18:00 AM (4131 views)
Re: Multifunction Printers/Scanners - Robert Franco/OH
12/19/2011 9:45:27 AM (4240 views)
Re: Multifunction Printers/Scanners - Bill Zimmerman/VA
12/20/2011 12:14:06 AM (4316 views)
Re: Multifunction Printers/Scanners - Ron McPherson/IA
12/20/2011 2:27:31 AM (4173 views)
Re: Multifunction Printers/Scanners - Helene/GA
12/22/2011 9:29:59 PM (4412 views)

Slightly Off-Topic...Read At Your Own Risk - Scott Perry/PA
12/11/2011 1:16:06 AM (4519 views)

title insurance "bundled" or flat rates - Sally Tamborski/OH
12/9/2011 8:44:11 AM (3219 views)

Liability Question - Nils Nelson/ME
12/8/2011 3:58:09 PM (3406 views)
Re: Liability Question - Wyatt Bell/FL
12/9/2011 10:31:20 AM (4382 views)
Re: Liability Question - Nils Nelson/ME
12/9/2011 12:45:30 PM (4154 views)
Re: Liability Question - Robert Franco/OH
12/9/2011 11:47:10 AM (4377 views)
Re: Liability Question - Nils Nelson/ME
12/9/2011 12:47:19 PM (4253 views)


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