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“Without some kind of debt forgiveness, the people who live in our neighborhoods will owe hundreds of thousands of dollars in zombie debt collection for years. (This issue is one of the reasons for civil unrest in Spain.)” Note: article has virtually nothing to do with housing and involves a whopping 500 “protesters.” And by ‘the people who live in our neighborhoods’ do you mean squatters? Because I was under the impression that once you lose the house you don’t own and aren’t paying the mortgage on, you move on to a rental somewhere else.
“I like this law despite the fact it creates moral hazard because its a greater moral tragedy to sentence these people to debt servitude and being hounded by zombie debt collectors.” LOL. Really? You’re joking right.
It’s early but either we’re being Punk’d or we’re reading Michele Bachmann’s latest hallucination. This one post seems to undo everything you’ve stood for for the past 5 years. I’m going back to bed to sleep it off and hope it was all just a bad dream IR.
The problems in Spain have been documented here and elsewhere:
Spain shows how to keep house prices inflated
Protests Mount in Spain; Sovereign Debt Crisis to Follow
“Organizers estimate the protest yesterday in Madrid was around 25,000.”
Spain’s Icelandic Revolt; Protests Spread to Italy
I don’t know what you believe I have stood for over the last 5 years, but keeping every borrower in lifetime debt servitude is not something I advocate. I have written many posts about how debtors would benefit from strategic default and encouraged people to do so.
These debts need to go away. Lenders need to experience some consequences, and borrowers do as well. I think it should be harder on lenders because they did the most to create this mess. If borrowers have to negotiate a financially painful deal with a lender and if their credit is hurt, then perhaps they won’t borrow so heavily next time. Some consequences are better than none. The lack of consequences is what I don’t like about most principal forgiveness programs.
I have to agree in part to what Canyousay asserts above. IR, one of the things I observed you stood for - and I’ve been following you since pretty much the beginning - was the dangers of moral hazard. I remember when one of the things you spoke against was debt forgiveness because it would create the danger of history repeating itself. Many people at the time wanted to grill the borrowers, because debt forgiveness would create a mentality that will continue to spiral toward greater ponzi schemes. Take a gamble, you fail, they bail you out, why not go for it?
I wasn’t entirely in agreement at the time with that majority, and thought some type of bail out might be better for the greater good, although borrowers still needed to “pay for it” in some way. I still believe that, so the new ruling is not something I agree with. Debts need to go away, but I don’t think pain of the process and ruination of credit will teach borrowers many lessons. Many have already begun to discount in large effect their credit rating, and heck, if all it takes is for me to sit through a sizable mounds of paperwork and bureaucracy to clear $200K in money I owe, so be it. I’m afraid that’s the mentality of most troubled borrowers these days.
So what I believe in is hitting them harder. Maybe they get away with being forgiven the debt itself, but burden them with tax on the “gains”. Make them at least pay that. So you’ve gotten scott-free from the $300K you’re underwater? Fine, pay the IRS $75K for the forgiveness. Garner the wages for this on a payment plan. Make them feel it so they’re much more reluctant to pull that trigger again. This way, lenders feel it, borrowers feel it, and realtors feel it because these borrowers will be off the RE market for a long time. And, there’s added benefit for the govt of additional tax revenue also, at least for short-term revenue.
I meant “Garnish wages”...
While it’s true that debt forgiveness leads to moral hazard, I never meant to give the impression I was against all forms of debt forgiveness. I have had debts forgiven. The point with moral hazard is the discharge must carry some consequences for borrowers to learn from their mistakes and lending to work properly.
With a problem this large, we are all forced to examine which of our values is the strongest and grope for a postion that balances conflicting values. IMO, some amount of moral hazard is preferable to the economic fallout from an entire generation being sentenced to debt servitude.
So many of the solutions put forward to solve this problem either provide too little consequences to the banks (bailouts) or too little consequences to the borrowers (principal forgiveness). Policy makers have been searching for some middle ground where each party pays a price. The side effect of any of policy which reduces the consequences to either the banks or the borrowers is going to create some moral hazard. I can point out that fact and still embrace a compromise as a reasonable course of action.
We do not need any new “solutions”. The problem is not a lack of ideas, and the solution is not new ideas.
Debt forgiveness exists in at least a couple forms, foreclosure and bankruptcy. In both cases, those responsible reap the consequences.
I think we can also add short sales as a form of “banktuptcy lite” for debt forgiveness. It has the loss of home consequence of a foreclosure, and a portion of the credit consequences of a bankruptcy.
I’m not sure how this differs much from just giving the keys back to the bank on a 1st mortgage. 1st mortgage debt is also not collectable by the bank after it gets the real estate back. What’s the difference between the bank taking the property back and selling at a loss or taking a short sale at a loss.
What I do have a problem with is forgivness of HELOC debt. That should require a BK to get out of.
I don’t think it reaps enough consequences, especially with the mentality of today’s society. Giving the keys back no longer holds the mystique that it used to. And maybe the problem is that the creditors are just to easy to overlook them these days… In any case, I don’t think borrowers “learn” a hard enough lesson the way these are handled today. The way it is going now, 20 years later we’ll run into the same issue with a different financial “innovation”.
I agree with IR. If our economy is going to recover, we’re going to have to forgive these debts. If we let them drown they’ll likely drag the rest of us down with them. That is a bitter pill to swallow—especially for those of us who have had to endure the “you might as well flush your money down the toilet if you rent” lectures from know-it-all home owners during the boom years.
We are going to have a similar problem to Spain’s with our student debt.
Realtor lady’s teeth are freakishly white!
I suspect we’ll have to have a similar debt-forgiveness program for student loans. Some of these kids you read about who have debts in the 6 figure range… they’re never going to get out of debt. And it just isn’t fair to punish a kid for life for a financial decision that they made when they were 18.
Does anyone know the typical “standards” required for servicers to allow you to pursue a short sale? I think you have to be “troubled” financially before they’ll even agree to entertain a short sale, no? But how troubled need you be?
What if the borrowers have no financial issues whatsoever, but just want out?
the post-Reagan/Clinton student loans are essentially unforgiveable except for:
1. Death
2. Govt service
BK does not erase it.
For the medical profession, there’s are ways to have partial forgivenesss working for a not-for-profit or govt associated hospital which is a huge percentage of the hospitals in the US.
The PTB want high national debt service. That way they can decide where your money is spent and invested.
Drip drip drip… All too little too late. If our economy hinges on debating the merits of short sales vs. foreclosures, and debtors praying they won’t get sued then you know what kind of shape we’re in. Wish I could hibernate until 2020.
I like the spirit of SB 458 but it should include a provision that allows the debtor to put a couple of slugs into the RealtorĀ® who sold him the house at close range, flesh wounds, and taunt him or her for a few hours and remind him or her of the lies he or she spewed. CAr might have a problem with this but any reasonable human being with even a rudimentary sense of justice would understand that God would smile at every howl of agony from a wounded RealtorĀ®.
I read somewhere because of this new law banks are not willing to forgive as much now. Junior lien holders are asking for more in short sale deals also.
Realtors are claiming that short sales are getting more difficult now to close because of this law. Any thoughts on that?
The fact that short sales are becoming more difficult is the irony behind these two stories. realtors applauded the new law, but now that it is causing them pain because lenders don’t want to do short sales, they are complaining to the lenders. realtors want to have it both ways, and lenders are saying no.
The statute lends itself to being read that if a first mortgage loan consents to take a short sale, then even if the second secured position was never asked to consent in advance, they also have to discharge their position and furthermore can’t collect any of the heloc or other loan. Good thing California doesn’t have any lawyers who twist vague statutory remedial language for the consumer’s benefit. But try reading it that way, and that may even BE the intent behind its terrible vague language. What sane lender, fannie, freddie, fha, heloc, would EVER make a loan there again?
Debt forgiveness is a moral hazard, so we should have the government make housing prices $1 million dollars per 1000 feet of living space. Tie the loan to the family name, and extract the payments from them until it is paid off.
I think Meg could use another indentured servant, this time one that is legal. Too bad you tried to “enter” the elite wealthy homeowners by purchasing a 2 bedroom condo, now get to work for Meg!