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[-] 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 (4636 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 (3655 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 (3538 views)
Mortgage Deficiencies - Victoria Moate/NJ
2/20/2012 7:54:00 PM (3284 views)
Re: Mortgage Deficiencies - Slade Smith/OH
2/21/2012 3:30:27 PM (3250 views)
Mortgage Deficiencies - Clarification - Victoria Moate/NJ
2/21/2012 10:42:24 PM (5828 views)
Re: Mortgage Deficiencies - Clarification - Slade Smith/OH
2/21/2012 11:57:46 PM (3174 views)
Re: Mortgage Deficiencies - Clarification - Robert Franco/OH
2/22/2012 8:44:58 AM (3069 views)

[+] Multifunction Printers/Scanners - F P/VA (16 replies)
12/12/2011 9:31:43 AM (3306 views)

Slightly Off-Topic...Read At Your Own Risk - Scott Perry/PA
12/11/2011 1:16:06 AM (4253 views)

title insurance "bundled" or flat rates - Sally Tamborski/OH
12/9/2011 8:44:11 AM (2908 views)

[+] Liability Question - Nils Nelson/ME (4 replies)
12/8/2011 3:58:09 PM (3149 views)




Realty Data - Dan Zook/NY
12/8/2011 12:00:31 PM (2734 views)

[+] Comment on "Congress Possibly to Take Up Amendment to Dodd-Frank Favorable to AfBAs " - Source of Title/OH (1 reply)
12/7/2011 11:33:43 AM (2993 views)

Leveraging Up with Housing Loans - Wyatt Bell/FL
12/5/2011 3:44:06 PM (4208 views)

[+] Is BOA Holding America Hostage? - Leigh Attridge/MA (1 reply)
12/5/2011 2:46:35 PM (4843 views)

[+] Beware of Boston National Title - Deborah Jackson/GA (8 replies)
12/5/2011 11:49:16 AM (14216 views)

[+] Will the 60 Minutes report on the lack of Wall Street prosecutions... - Slade Smith/OH (4 replies)
12/5/2011 10:28:03 AM (5000 views)

Treasuring Urban Oases - Leigh Attridge/MA
12/4/2011 11:49:45 AM (4063 views)

[+] Comment on "NAILTA Announces Opposition to "MERS 2" Proposal" - Source of Title/OH (2 replies)
12/3/2011 10:06:44 PM (3074 views)

[+] Comment on "GMAC, Facing Lawsuit, Exits Mortgage Business in Massachusetts" - Source of Title/OH (1 reply)
12/3/2011 9:26:43 AM (3102 views)

[+] A Credit Score that tracks you more closely - Leigh Attridge/MA (1 reply)
12/2/2011 9:21:51 PM (4595 views)


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