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335 Million Settlement on C'wide Lending Bias - Leigh Attridge/MA
12/21/2011 6:58:31 PM (4172 views)

[+] Schey v Johnson teardown in Mhead - Leigh Attridge/MA (2 replies)
12/20/2011 4:28:14 PM (5046 views)

[+] Comment on "Rich Bank, Poor Bank" - Source of Title/OH (2 replies)
12/20/2011 1:56:32 PM (2792 views)

[+] Global Data & Need To Know/Search The Nation - Pam Effinger/VA (5 replies)
12/19/2011 12:13:37 PM (3410 views)

[+] Email Scam Heads-Up - Scott Perry/PA (1 reply)
12/17/2011 12:22:53 PM (4369 views)


Real Title Services


Rethinking How the Law is Taught - Leigh Attridge/MA
12/17/2011 8:07:18 AM (4345 views)

If you wonder why I sound frustrated when you call me...... - CHARLENE  PERRY/MD
12/15/2011 3:43:26 PM (2844 views)

[+] Rush for Gas Rights Ignites Battle for Control of Land - Leigh Attridge/MA (1 reply)
12/14/2011 5:18:05 PM (4700 views)

[+] Dodd-Frank and QRM's - CHARLENE  PERRY/MD (3 replies)
12/13/2011 2:22:35 PM (3293 views)

[+] Comment on "PA Government Official Arrested for Lying about Connection to Title Company" - Source of Title/OH (2 replies)
12/12/2011 12:47:41 PM (2957 views)

[-] Strategic Defaults - What's good for American Airlines might be good for borrowers - Leigh Attridge/MA (7 replies)
12/12/2011 10:24:24 AM (4615 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 (3580 views)

Most business loans are non-recourse.  The only security the lender has is its collateral.  Thus, if the collateral is no longer worth the mortgage balance, savvy businesses will simply default.  It would be cheaper to find a new building and move if the bank calls its bluff.  But, the banks know this as well... so they generally "re-negotiate" the terms of the mortgage and write down the principal.

For some reason, this doesn't work for homeowners.  The banks would rather foreclose and take a larger loss, than simple take its lumps and write the principal down to the value of the collateral.  part of this may be due to the bankrutpcy laws that do not allow a debtor to cram-down the first mortgage on a residence.  This prohibition does not apply to businesses that file bankruptcy.

And, the effect of a bankruptcy, or strategic default, on a homeowner is much more serious than it is for a large business like American Airlines.  American Airlines will still be able to obtain financing after this move... a similarly positioned homeowner will be saddled with credit score that may make it impossible to buy a new home, or even rent in some cases.  The difference is usually the nature of non-recourse debt - American Airlines probably has no liability beyond the pledge of collateral for the loan.

We need to change the laws to give the homeowners more leverage to negotiate with the banks for writedown of their principal.  But, once again, homeowners do not have the lobbying power of big business. 

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Re: Strategic Defaults - What's good for American Airlines might be good for borrowers - Slade Smith
12/12/2011 12:14:58 PM (3468 views)
Mortgage Deficiencies - Victoria Moate/NJ
2/20/2012 7:54:00 PM (3203 views)
Re: Mortgage Deficiencies - Slade Smith/OH
2/21/2012 3:30:27 PM (3172 views)
Mortgage Deficiencies - Clarification - Victoria Moate/NJ
2/21/2012 10:42:24 PM (5776 views)
Re: Mortgage Deficiencies - Clarification - Slade Smith/OH
2/21/2012 11:57:46 PM (3112 views)
Re: Mortgage Deficiencies - Clarification - Robert Franco/OH
2/22/2012 8:44:58 AM (3006 views)

[+] Multifunction Printers/Scanners - F P/VA (16 replies)
12/12/2011 9:31:43 AM (3285 views)

Slightly Off-Topic...Read At Your Own Risk - Scott Perry/PA
12/11/2011 1:16:06 AM (4230 views)

title insurance "bundled" or flat rates - Sally Tamborski/OH
12/9/2011 8:44:11 AM (2882 views)

[+] Liability Question - Nils Nelson/ME (4 replies)
12/8/2011 3:58:09 PM (3111 views)


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