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[+] Schey v Johnson teardown in Mhead - Leigh Attridge/MA (2 replies)
12/20/2011 4:28:14 PM (5154 views)

[+] Comment on "Rich Bank, Poor Bank" - Source of Title/OH (2 replies)
12/20/2011 1:56:32 PM (2922 views)

[+] Global Data & Need To Know/Search The Nation - Pam Effinger/VA (5 replies)
12/19/2011 12:13:37 PM (3527 views)

[+] Email Scam Heads-Up - Scott Perry/PA (1 reply)
12/17/2011 12:22:53 PM (4490 views)

Rethinking How the Law is Taught - Leigh Attridge/MA
12/17/2011 8:07:18 AM (4435 views)




If you wonder why I sound frustrated when you call me...... - CHARLENE  PERRY/MD
12/15/2011 3:43:26 PM (2956 views)

[+] Rush for Gas Rights Ignites Battle for Control of Land - Leigh Attridge/MA (1 reply)
12/14/2011 5:18:05 PM (4834 views)

[+] Dodd-Frank and QRM's - CHARLENE  PERRY/MD (3 replies)
12/13/2011 2:22:35 PM (3389 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 (3049 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 (4709 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 (3931 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 (3804 views)
Mortgage Deficiencies - Victoria Moate/NJ
2/20/2012 7:54:00 PM (3551 views)
Re: Mortgage Deficiencies - Slade Smith/OH
2/21/2012 3:30:27 PM (3560 views)
Mortgage Deficiencies - Clarification - Victoria Moate/NJ
2/21/2012 10:42:24 PM (6109 views)
Re: Mortgage Deficiencies - Clarification - Slade Smith/OH
2/21/2012 11:57:46 PM (3430 views)
Re: Mortgage Deficiencies - Clarification - Robert Franco/OH
2/22/2012 8:44:58 AM (3329 views)

[+] Multifunction Printers/Scanners - F P/VA (16 replies)
12/12/2011 9:31:43 AM (3379 views)

Slightly Off-Topic...Read At Your Own Risk - Scott Perry/PA
12/11/2011 1:16:06 AM (4322 views)

title insurance "bundled" or flat rates - Sally Tamborski/OH
12/9/2011 8:44:11 AM (2964 views)

[+] Liability Question - Nils Nelson/ME (4 replies)
12/8/2011 3:58:09 PM (3219 views)

Realty Data - Dan Zook/NY
12/8/2011 12:00:31 PM (2806 views)


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