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Should You Walk Away from Your Underwater Mortgage?
CBS Sacramento ^ | 28 April 2011 | Call Kurtis

Posted on 05/02/2011 12:32:17 PM PDT by Notary Sojac

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To: lurk

“Well this is a test of whether we’re consistent in our ethics.”

I agree with you.

Either a contract is going to continue to mean something or it will end up being a complete joke with no promise of protection for anyone.

I’m talking about contracts in general. Things aren’t working out with the mortgage? Tough toenails. I’m not a happy camper either but I will stick it out BECAUSE I SAID I WOULD.

Nobody has a right to pass moral judgments on lenders. That’s just a bunch of post-hoc rationalization for irresponsibility, IMHO.

Conservatives hated it when Obozo’s thugs crapped all over automaker bonds two years ago as well as agreements made with auto dealers. Was that because of the parties involved or because a contractual deal is supposed to have meaning?


41 posted on 05/02/2011 1:25:15 PM PDT by Scanian
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To: kiryandil

Big banks do this ALL the time.

http://www.businessinsider.com/morgan-stanley-just-walks-away-from-five-san-fran-office-towers-2009-12

http://battiata.com/san-diego-real-estate-blog/sound-familiar-morgan-stanley-walks-away-from-2-billion-in-commercial-real-estate/

So, people need to understand that some people have legitimate reasons to walk away. If the collateral is returned, they have followed the deal they made. They lost whatever equity was in that house.

So, are all the people who think that people should be made to economically damage themselves, even be unable to feed their families, ALSO think that no fault divorce should be done away with? Marriages are a vow. Walk away marriages are okay with lots of people.

Do vows only count when it comes to money? Really?


42 posted on 05/02/2011 1:27:14 PM PDT by TruthConquers (.Delendae sunt publicae scholae)
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To: pnh102
Slowly losing your home can be worse - bankruptcy’s a clean break. People can come back - it's not like it was years ago. Today so many people are in the same boat that the stigma is almost gone. It won't be that way forever - but with the housing crisis and all the crooks involved - a case can be made for people walking away. That said, my home is paid off... Like you, I don't walk tightropes...
43 posted on 05/02/2011 1:30:27 PM PDT by GOPJ (Osama bin SEALed - http://www.citizenwarrior.com/2009/05/terrifying-brilliance-of-islam.html)
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To: Notary Sojac

Yes. Debt deflation is not the cause of the problem. It’s part of the solution.


44 posted on 05/02/2011 1:34:18 PM PDT by familyop ("Don't worry, they'll row for a month before they figure out I'm fakin' it." --Deacon, "Waterworld")
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To: frogjerk

No, the contract is the entirety of the contract. Not selected parts of it.

The whole contract contains specifications that you either:

1. Make timely payments, or
2. Surrender the property, which was posted as collateral to the lender.

That’s the contract. That’s the function of collateral to the loan.


45 posted on 05/02/2011 1:36:47 PM PDT by NVDave
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To: frogjerk

Either pay or give up collateral.
Sounds to me like a business decision, not a moral issue.
If the banks have a problem with the value of the collateral, they should not have lent so much money.
Both borrower and lender took a risk, both lost.
Such is the nature of capitalism. You win some. You loose some.


46 posted on 05/02/2011 1:39:38 PM PDT by rogator
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To: Notary Sojac
Great Post!
Cannot wait to tell you guys my TRUE mortgage story.
Ok, I'm making the payments and everything is fine. Difficult but fine.

I get something in the mail saying that I may qualify for some government program. Fine, says I.

So, I fill everything out and send it all in. Get a call from the mortgage company saying that pending approval, I am able to make 50% payments. Great says I.

Three months later I get a call that says I was not approved, but more they want the rest of the payments lump sum and current payment. So, what they want is 2 and a half payments all at once. I say, I can't do that. I ask can I make a partial payment? They say they cannot except anything but payment in full. Again I explain I can't do that. So, each month the arrears are growing and they only will accept payment in full.

Two and a half, Three and half, etc. I am now financially locked out of paying my mortgage. Three months later I'm am in default and of course foreclosure and sheriff sale.

All because I tried one of those programs. Big mistake for me. They may help some people, but it sunk me.

47 posted on 05/02/2011 1:42:44 PM PDT by 240B (he is doing everything he said he wouldn't and not doing what he said he would)
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To: MetaThought

Exactly. And the banks chose to try passing the risk onto someone and everyone else, including the US taxpayers when they pawned these notes off on Fannie, Freddie and the FHA.

This is why the bankers made loans with absurd levels of risk to people they knew, a priori, could not possibly repay them: because the bankers knew that they would be keeping only the fees and origination, and passing the risk on to someone else.


48 posted on 05/02/2011 1:42:51 PM PDT by NVDave
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To: Notary Sojac

One thing to consider is whether the people walking awy from their mortgages are people who do things like this all the time or people who have always paid their bills before this situation.


49 posted on 05/02/2011 1:44:32 PM PDT by Clintonfatigued (Muslims are a people of love, peace, and goodwill, and if you say that they aren't, they'll kill you)
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To: Notary Sojac
Lot of BS here, please show me the law where it allows a bad credit report by paying off your mortgage by deeding it back to the trustee. It does not, it is payment in full everywhere in this country.

And do not buy into that guilt trip BS from the banks they should have lived up to their obligations without tarp. Otherwise tell them to stick it. And as an additional note, deeding back is not walking away, it is surrendering the loan collateral.

50 posted on 05/02/2011 1:45:34 PM PDT by org.whodat
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To: Notary Sojac
Lot of BS here, please show me the law where it allows a bad credit report by paying off your mortgage by deeding it back to the trustee. It does not, it is payment in full everywhere in this country.

And do not buy into that guilt trip BS from the banks they should have lived up to their obligations without tarp. Otherwise tell them to stick it. And as an additional note, deeding back is not walking away, it is surrendering the loan collateral.

51 posted on 05/02/2011 1:46:03 PM PDT by org.whodat
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To: Noumenon

Mare? That’s a horse. I’d expect that to be more expensive.
I guess I don’t get it. I love my cat. He’s an amazing little weirdo. But, I’m sorry, my limit would be $1000. And then only if it’s a 100% cure.

I better make sure he’s not in the room seeing me type that.....

This same buddy of mine spent $2500.00 on a rabbit’s vet bills. And it died anyway. Not like he’s a rich guy either.


52 posted on 05/02/2011 1:49:16 PM PDT by moehoward
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To: Abathar
Recourse and non recourse deals with what happens after the foreclosure. There is no foreclosure when you deed the property to the bank.
53 posted on 05/02/2011 1:51:05 PM PDT by org.whodat
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To: moehoward

Yep - Ginger was a beautiful Canadian purebred horse. 5 years old and we lost her to torsion colic. We agreed to never to spend anything like that again.


54 posted on 05/02/2011 1:54:05 PM PDT by Noumenon ("One man with courage is a majority." - Thomas Jefferson)
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To: 240B

You’re yet another victim of the deliberate scam by the banks. It was no accident that they did this to you. The banks have a consistent pattern of predatory behavior, forcing people into foreclosure under these programs, because they get paid for every person they sucker into these government ‘assistance’ programs.

What someone should do is sue the banks for “fraud in the inducement,” ie, they perpetrated a fraud by inducing you to sign up for a program which defrauds you of your home.

This is why, as far as I’m concerned, people who talk about “morality” when dealing with bankers are so far out in their own field. Bankers are predators, not innocent sheep, and they should be dealt with as such. When I had issues with my mortgage lender playing games with our mortgage payment, I ended up getting the VP of the lending division on the phone after working my way through the maze. I then gave him a choice: They’re either incompetent, because they can’t seem to settle on a mortgage payment amount, or they’re trying to defraud us. In case 1, they’re in violation of their “Truth in Lending” agreement, and that’s actionable in court, or, 2, they’re perpetrating mail and wire fraud, annnnnnd.... that’s also actionable in court. Since both are federal statutes here, I guess I’m going to have to call the US Attorney’s office, and let them figure out which way to handle this, eh?

All of a sudden, they were steppin’ and a fetchin’ and fixed the problem that week.

Funny thing, that.

There is no “morality” when dealing with banks and bankers. There are only threats, intimidation, lawyers and force.


55 posted on 05/02/2011 1:55:06 PM PDT by NVDave
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To: rogator

Well said


56 posted on 05/02/2011 1:55:21 PM PDT by Moleman
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To: Notary Sojac

She’s right that for many people in their late 30’s or older, they will never see their home regain the valuation it had in 2006/2007. The US real estate market, and California in particular, still hasn’t hit bottom. The only sector of real estate going up is ag real estate.

The only way that real estate prices will re-attain their prior peak levels with tighter lending standards will be for household incomes to rise and increase borrowing/buying power. Since household incomes are not going up, well, that’s going to be a problem going forward unless bankers once again loan money to anyone who can fog a mirror and a few who can’t.


57 posted on 05/02/2011 1:59:13 PM PDT by NVDave
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To: lurk

What is the problem, the homeowners are just making a “business decision” - or are us serfs not afforded that privilege?


58 posted on 05/02/2011 1:59:33 PM PDT by WalterSobchak2012
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To: NVDave
Yes. I was duped into foreclosure.

There is a little more. When I asked, what will happen if I am not approved, they initially said they would take the arrears and tack them on to the ‘end’ of the mortgage.

Fine says I. No risk right?
Then when the non-approval came, they demanded payment in full.

This part is sadly funny, I say, but that is not what I was told! and demanded to speak to the agent who processed the deal. They respond with, oh he doesn't work anymore, or got transferred, or whatever. They say, We don't know what He told you.

Viola’, they win. I lose.

Somehow, it will work out. Everything is in the hands of God.

59 posted on 05/02/2011 2:08:07 PM PDT by 240B (he is doing everything he said he wouldn't and not doing what he said he would)
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To: org.whodat

So if I know I am going to lose my house because of employment or medical reasons and I voluntarily hand the bank my keys and vacate then this doesn’t apply?


60 posted on 05/02/2011 2:11:40 PM PDT by Abathar (Proudly posting without reading the article carefully since 2004)
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