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Owners Stop Paying Mortgages, and Stop Fretting
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I love it when people are able to leverage the situation.Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
Status: (Auto) Discharged and Closed! 5/10
Visit My BKForum Blog: justbroke's Blog
Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.
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Originally posted by tigergem View PostWhere is the "like" button?Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
Status: (Auto) Discharged and Closed! 5/10
Visit My BKForum Blog: justbroke's Blog
Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.
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I don't think the banksters ever anticipated this part of the equation- that is, so many homeowners deciding that the struggle to pay that mortgage after pay cuts, increases in local taxes, fuel, food ect- is just not worth it. They thought everyone would "behave" and starve themselves and their families to keep the house. Being house poor is only tolerable for so long. The stress of trying to put food on the table, buy gas to get to work and pay the other neccessary bills (add in some jacked up interest rates on CCs) in addition to an inflated mortgage payment is unbearble and not doable after awhile. People begin to see the futility of their efforts. There is no light at the end of the tunnel.
HAMP Mods that collect partial payments from homeowners, then deny the mod after 6,7,8 mos. of payments are robbery and yet another fraud played on the vulnerable. It's like supplying them with the funds to foreclose. What happens to those payments after they are put in a "suspense fund" (thats were they go during the trial period) and then the mod is denied, or it's a crappy mod and the owner turns it down? If the owner can't come up with the difference beween the mod payment and the original payment, the servicers get to eat up those trial payments with late fees, attorney fees, payments to companies to check and see if you are still there....blah blah. You just wasted money you could have saved for a rental.
We all now know that only a select few people even get a mod, most of the time with no principle reduction, leaving them underwater and enslaved for life. Then after 5 years, the rate starts to tick up-(that sounds oddly familiar, doesn't it?) How many will default after the first or second mod rate hike. It's a band-aid on a broken leg. I truly believe HAMP was designed not to help homeowners, but to extend the process over time so the banks can cope with the losses. Also, those partial payments bring in a tidy sum.
Equity for homeowners who purchased or refinanced after 2002 will not return for many, many years- mod or no mod.
I consider this Obama's greatest failure and believe it will cost the Dems the Presidency in 2012, if the Repubs can find a half decent challenger. Almost everyone knows someone who is in foreclosure/bankruptcy and they are angry. Yes, there are some who over extended themselves, but the vast majority just don't have a pay cut, job loss, or hiked mortgage payment built into their budget. They simply can't make ends meet.
TARP was a massive fraud and theft of taxpayer dollars and once again proves that tax dollars given to the wealthy never "trickle down".
It's a sad, sorry situation.All posts are opinion only- I am not an attorney.
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The banks brought so much of this on themselves. Trying to work with the big lenders like Chase or BofA is a joke for the most part. The right hand does not know what the left is doing, and doesn't care. Hardly anybody is granted a permanent mod.
So, debtors figure it out. And do what is in their self-interest. That's as old as time itself.
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What scares/bothers me about the above article is the comment made by the houseowner..."One reason the house is worth so much less than the debt is because of the real estate crash. But the couple also refinanced at the height of the market, taking out cash to buy a truck they used as a contest prize for their hired animal trappers.
It was a stupid move by their lender, according to Mr. Pemberton. “They went outside their own guidelines on debt to income,” he said. “And when they did, they put themselves in jeopardy.”
Here they benefit from the value of the house by purchasing a large item and put the blame on the lender by stating it was the lender's fault for giving them the loan in the first place. It was their choice to use the equity at that time and they put themselves in jeopardy...the door swings both ways...
Denial is a common defense among people with big mortgages/high debt. They blame everyone else for being in that position for a while but reality eventually sets in as to the mistakes they themselves made._________________________________________
Filed 5 Year Chapter 13: April 2002
Early Buy-Out: April 2006
Discharge: August 2006
"A credit card is a snake in your pocket"
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Originally posted by ryan View PostThe banks brought so much of this on themselves. Trying to work with the big lenders like Chase or BofA is a joke for the most part. The right hand does not know what the left is doing, and doesn't care. Hardly anybody is granted a permanent mod.
So, debtors figure it out. And do what is in their self-interest. That's as old as time itself.
Much of the current real estate meltdown has to with government incentivizing and even requiring banks to make loans that no well-run bank would have ever made but for those incentives and requirements. This lending fueled the housing bubble in large part.Pay no attention to anything I post. I graduated last in my class from a fly-by-night law school that no longer exists; I never studied or went to class; and I only post on internet forums when I'm too drunk to crawl away from the computer.
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Originally posted by MSbklawyer View PostI don't point so much a finger of blame at the banks as I do government meddeling. Left alone, a bank will only make loans to people it believes are willing and able to repay the loans and only upon security that can be liquidated to recover most of the balance if the borrower fails to repay. A bank that habitually and regularly makes bad loans doesn't survive. It's that simple.
Much of the current real estate meltdown has to with government incentivizing and even requiring banks to make loans that no well-run bank would have ever made but for those incentives and requirements. This lending fueled the housing bubble in large part.
As we all now know, immediately after the loan docs were signed, the mortgages were sold off- letting the original lender off the hook-they made their money at the front end and then dumped the crappy loan into a security, mixed with a few "good loans", got it rated AAA, chopped it up and sold it to multiple schmuck Hedge Funds.
Oh yeah, they maintained the servicing rights, for the most part, so they could continue to profit until the loan defaulted.
The mistake the government made was allowing this type of activity (securitization of mortgages) to happen. Offering incentives to make loans to lower income families is hardly holding a gun to the bankers head. Their greedy little minds came up with a way to get the incentive, but bail out on the risk. They had their cake and ate it too.
If the old model of "you make the mortgage, you hold the note" existed, the crappy loans designed to fail would not have happened in the first place.
For those blaming the homeowner- we really don't know all the details but:
Placing the blame on some guy who's income, and financial acumen, is derived from getting pests out of your attic is a bit of a stretch, don't you think? His bank held his hand and willingly led him into a stupid decision, while their other palm was getting greased behind their back.
The bankers are college educated financial specialists. They should have known better.
So, yeah, I blame the originating bank.All posts are opinion only- I am not an attorney.
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Originally posted by tigergem View PostCan we petition for a "like" button?Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
Status: (Auto) Discharged and Closed! 5/10
Visit My BKForum Blog: justbroke's Blog
Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.
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I gotta imagine alot of this is from pure anger directed at the banks. The banks held themselves out as a "helper" to those who were struggling in a bad economy. A mortgage modification seemed like a real solution - but to those of us who have gone through it know the different side.
The entire mod process just makes one angry at the banks. Not because they loaned out the money - but because of the sheer idiosyncrasy of the mod process.
I think this is why so many people now look at walking away from the house as a business decision and not a moral one.
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Originally posted by MSbklawyer View PostMuch of the current real estate meltdown has to with government incentivizing and even requiring banks to make loans that no well-run bank would have ever made but for those incentives and requirements. This lending fueled the housing bubble in large part.
It really was a perfect storm, consumers blinded by a desire to own property they couldn't really afford, banks driven by potential profit (and dare I say greed) to loan money out to anyone breathing, and government sanctioning and pursuading it all. That coupled with the appraisal system saying homes were worth much more than they really were worth.. The best part is that instead of the government stepping up now, and saying their underwriting policies were partly to blame, they are stepping back and blaming it all on the banks, while handing them money to bail them out. (Hush money maybe...)
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Umm, yeah the door swings both ways, but in the current fiasco the lenders definitely are at minimum equal partners in blame, and they were totally stupid. They really did bring this on themselves by fueling the housing bubble. But what's done is done. It really is a strange set of rules, that people that borrow responsibly end up getting to pay back every penny and those (like me) who borrowed way too much thinking the party would never end get to 'send back the keys' and walk away. But the rules is the rules and I'm not going to use my 401k (what's left of it) to pay back money when I have no legal obligation to corporations that walked off with their piles of taxpayer cash and then didn't work to modify people's loans in a good faith manner. A dear friend of mine got behind on his mortgage but since he had 50% equity to value BofA did finally agree to remodify but now he has only 25% equity after they were so kind as to wrap all his late and attorney's fees and whatever else could eat up $15k. So I owe BofA ~$70k on credit cards and I'm supposed to feel some moral obligation to pay them back? Puh-leeze, I'd rather follow the rules, just like they insisted on doing in dealing with my friend's problem. Maybe if I can scrape it together in actual cash I'll give my friend 15k of it once the dust settles on my situation.
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Originally posted by ryan View PostThe banks brought so much of this on themselves. Trying to work with the big lenders like Chase or BofA is a joke for the most part. The right hand does not know what the left is doing, and doesn't care. Hardly anybody is granted a permanent mod.
A month later, we got a letter saying they wanted to help and asking if we'd ever considered applying for a modification. WTF? That was the day before we received our foreclosure notice. We thought about applying again but decided it wasn't worth our time and energy. There is no coordination on the bank's side, and having to re-send the same paperwork over and over to cover their incompetence is just an exercise in frustration. They don't know what they are doing and they don't care one way or another.
I thought stopping our mortgage payments was going to feel awful, but it turned out to be a huge relief. Like the people in the article, we could actually go out for pizza once in a while and start having a life again.DH laid off 3/08 | Last mortgage payment 12/09 | Filed Ch13 5/10 | Converted to Ch7 7/10 | 341 held 8/10 | AP filed by secured creditor 10/10 | Ch7 discharged & closed 11/10 | Foreclosure 10/2011
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