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Shoeshine. Guest
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Posted: Wed Feb 06, 2008 6:39 pm GMT Post subject: Unshackle yourself from a losing investment, walk away with |
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This could be a thriving business
Link below:
http://www.youwalkaway.com/
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Hank
Joined: 27 Apr 2007 Posts: 37
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admin Site Admin
Joined: 14 Jul 2005 Posts: 1826 Location: Greater Boston
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Posted: Thu Feb 07, 2008 2:07 pm GMT Post subject: |
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You want something scarier? How about people who can still afford their mortgage payments but who are walking away because they aren't growing rich off their house like they expected?:
http://www.youtube.com/ ...truncated...
While they are probably being a lot more honest about their current situation than those pleading "predatory lending," asset depreciation is not a legitimate reason to walk away from the agreement they made to repay the money they borrowed. People frequently owe more on their car than it is actually worth, but they don't use that as justification to walk away. I hope this behavior does not become socially acceptable. (Now, if you actually can't afford the payments with an extra job or two, that's a totally different story.)
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JCK
Joined: 15 Feb 2007 Posts: 559
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Posted: Thu Feb 07, 2008 3:53 pm GMT Post subject: |
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Haven't watched the video, but I think you're going to see a lot more of this.
I also think you may not be right re walking away due to asset depreciation. Keep in mind that when these contracts were signed, both parties were assuming appreciation.
As distasteful as it may be, a mortgage is a legal contract, and when it becomes economically advantageous for a party to breach the contract, rather than perform, breach is the correct choice. Under the law, this is considered normal, rational economic behavior. There is simply no presumption of "you signed it, therefore you must stick to it no matter what."
And as a practical matter, it's not going to be economically feasible for mortgage companies to sue individual homeowners (especially ones without any equity).
My take is that these mortgages never should have been originated in the first place, and if buyers are walking away, the lenders are partly to blame. The lenders are generally far more sophisticated than buyers. They know all the tricks, they know what they need to do in order to make money, etc. They're in no position to claim that they've been hoodwinked by buyers, quite frankly.
If I send my money to Nigeria become some email tells me to do, you'd say I was an idiot, and probably you'd have little sympathy for me. Likewise with the mortgage companies, loaning to people without properly documenting income, based on inflated appraisals, with little or no money down, or putting people into loans that only work if the market is inflating at 10%+ a year is/was equally stupid, and the mortgage companies should be expected to bear at least some of that cost of their own greed and stupidity. |
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admin Site Admin
Joined: 14 Jul 2005 Posts: 1826 Location: Greater Boston
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Posted: Thu Feb 07, 2008 4:38 pm GMT Post subject: |
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JCK wrote: |
As distasteful as it may be, a mortgage is a legal contract, and when it becomes economically advantageous for a party to breach the contract, rather than perform, breach is the correct choice. Under the law, this is considered normal, rational economic behavior. There is simply no presumption of "you signed it, therefore you must stick to it no matter what."
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Being the most advantageous economic decision is not sufficient to make it the correct choice. There are ethical considerations as well. My concern is that this sets a very bad precedent whereby it is socially acceptable to renege on your promises whenever it means more money for you. I can see this idea spreading like a disease to so many other aspects of life, and I don't want to go into every agreement with an intentional, complete mistrust of the other party, knowing that their word is only as good as the written, pre-agreed upon penalties.
I'm definitely not saying "you signed it, therefore you must stick to it no matter what." If you truly got in over your head and can't adhere to your agreement with some extra effort, then I think breaching the agreement and taking the penalty probably is the right choice.
I also agree with your points about the lenders. I'm not arguing against breaching your agreement because it will be hurting the poor lenders, but rather because the corrosion of trust in society may start here and spread to those who are less deserving.
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JCK
Joined: 15 Feb 2007 Posts: 559
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Posted: Thu Feb 07, 2008 4:45 pm GMT Post subject: |
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admin wrote: |
My concern is that this sets a very bad precedent whereby it is socially acceptable to renege on your promises whenever it means more money for you. |
For whatever its worth, contract law in the US pretty much says that it is OK to renege on promises when it means more money.
The lenders should renegotiate the terms on these contracts, if they don't want the buyers to bail.
I wouldn't be surprised if those who purchase a second home while allowing the first to be foreclosed upon, are committing some sort of fraud... |
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admin Site Admin
Joined: 14 Jul 2005 Posts: 1826 Location: Greater Boston
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Posted: Thu Feb 07, 2008 5:04 pm GMT Post subject: |
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JCK wrote: |
For whatever its worth, contract law in the US pretty much says that it is OK to renege on promises when it means more money.
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Being legal does not mean it is ethical. Case in point: http://www.betterbusinessbureau.org/alerts/article.asp?ID=452
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JCK
Joined: 15 Feb 2007 Posts: 559
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Posted: Thu Feb 07, 2008 5:31 pm GMT Post subject: |
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And I understand that. But I don't think breaking contracts, per se, is inherently unethical. There are lots of good reasons to keep your promises, which go beyond simple economic considerations.
And a lot depends on circumstances. For example, is breaking contracts part of the standard business practice? In some businesses, it's common, and even expected. In others, not so much. In these latter cases, it may be unethical, if there is a real expectation you will keep your promise.
With these mortgages, I'd say things fall somewhere in between. People bought expensive houses with risky mortgages, on the assumption of appreciation. Lenders provided such mortgages, again with the assumption of appreciation. Now that the appreciation is out of the picture, why should the financial burden fall exclusively on the borrower? |
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admin Site Admin
Joined: 14 Jul 2005 Posts: 1826 Location: Greater Boston
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Posted: Thu Feb 07, 2008 5:46 pm GMT Post subject: |
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JCK wrote: |
With these mortgages, I'd say things fall somewhere in between. People bought expensive houses with risky mortgages, on the assumption of appreciation. Lenders provided such mortgages, again with the assumption of appreciation. Now that the appreciation is out of the picture, why should the financial burden fall exclusively on the borrower? |
The majority if not entirety of the financial burden to fulfill the agreement should fall on the borrower because they would have reaped the entirety of the reward had appreciation continued. Those who stand to get the reward for a positive outcome should also take a corresponding hit for a negative one. If appreciation had continued, borrowers would not be lining up to give lenders a share of the extra money.
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JCK
Joined: 15 Feb 2007 Posts: 559
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Posted: Thu Feb 07, 2008 7:17 pm GMT Post subject: |
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[quote="admin"] JCK wrote: |
The majority if not entirety of the financial burden to fulfill the agreement should fall on the borrower because they would have reaped the entirety of the reward had appreciation continued. Those who stand to get the reward for a positive outcome should also take a corresponding hit for a negative one. If appreciation had continued, borrowers would not be lining up to give lenders a share of the extra money.
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Agreed in principle of course. And if the mortgage companies were making unsecured loans to borrower for home purchases, I would fully agree. However, the loan is secured by the property itself, and lender must therefore agree to the terms of the mortgage, based on its own evaluation of the property.
So they too must bear some risk of completely misreading the market; I don't see how it can be otherwise. |
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admin Site Admin
Joined: 14 Jul 2005 Posts: 1826 Location: Greater Boston
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Posted: Thu Feb 07, 2008 7:31 pm GMT Post subject: |
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JCK wrote: |
So they too must bear some risk of completely misreading the market; I don't see how it can be otherwise. |
Yes, I definitely agree with that. They should swallow whatever losses come out of borrowers not being able to repay. I can, however, see how it could be otherwise - taxpayers could end up footing the bill. I expect that to happen, at least partially, but am not happy about it for many of the same reasons (e.g., risks being shifted to those who never stood to be rewarded).
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Booba Guest
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Posted: Fri Feb 08, 2008 12:42 am GMT Post subject: |
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If somebody walked away from the property you are not gong to do too much about it.
Idiots that took too much and now drop the contract must be punished in the hard way. Modern American bancrupcy laws are way too liberal to irresponsible borrowers, so they are not really scared to repeat their stupid behaviour.
As of lenders, they deserve to be punished also!
Look at all of those signs on dealerships: "No credit? Bad credit? No problem!"
Don't you still see similar mortagage ads in Internet, even NOW?
If those guys will loose their money after lending them to a shmuck that notorous for not paying his/her debt, this is their problem! |
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admin Site Admin
Joined: 14 Jul 2005 Posts: 1826 Location: Greater Boston
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JCK
Joined: 15 Feb 2007 Posts: 559
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Posted: Fri Feb 08, 2008 4:57 pm GMT Post subject: |
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Booba wrote: | If somebody walked away from the property you are not gong to do too much about it.
Idiots that took too much and now drop the contract must be punished in the hard way. Modern American bancrupcy laws are way too liberal to irresponsible borrowers, so they are not really scared to repeat their stupid behaviour. |
Maybe we should re-institute debtors prisons!
Lock 'em up, throw away the key! |
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Hank
Joined: 27 Apr 2007 Posts: 37
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Posted: Fri Feb 08, 2008 7:36 pm GMT Post subject: |
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JCK wrote: |
Maybe we should re-institute debtors prisons!
Lock 'em up, throw away the key! |
I know that was said with sarcasm - but any pointing of the blame to the borrower can be deflected back to the other groups involved in the selling of the home (brokers, lenders, assessors). There really is no single group here that has clean hands.
I actually think that these people who are walking are smart in the sense that they *are* treating the home buying as a pure business transaction, and that walking away does make the most sense (it's a complete write-off for them, however everyone else is left holding the bag- eh- isn't that what the government has been doing for a long time anyhow? Privatizing profit, publicizing the risk????). |
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