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Yes, it’s finally hit people where they GET IT! Now, to find all the people responsible for lending the money out creating the real estate Ponzi scheme. The people losing their homes and down payments are losers as well as the american public as a whole. The winners are banksters, YOUR government, and financial investors from around the world. We lost, they won, without firing a shot.
The banksters were allowed carte blanche to de-fraud the american people, and not one is going to jail. Rememeber this when you argue petty politics, and remember, BOTH parties are bought and sold, that’s WHY we are here.
and you have no responsibility for signing on the dotted line?
i second that. predatory borrowers. when dumb people lend money to dumb people, both need to lose.
Yes, everyone, that is everyone who bought into the bubble is stupid, we know this, all the business’s, all the investment firms, all the home buyers, stupid, we know that now, that includes ME.
You know why I was stupid? I put down 20% cash rather than leverage the piss out of my wealth, like most people did, and most business’s do. If I would have had the forethought to actually use the Ponzi system, I would have walked with a few hundred thousand in my bank account because I have a non-recourse loan.
Then I could have purchased a house CASH, come post here, and listen to you sing the praises of someone who owns their home free and clear. What a hero, what an upstanding citizen.
Damn, I am stupid, stupid me for having good intentions of home ownership. I should have screwed the system for all it was worth…..
Is that the attitude you would like me to have from your constructive posts?
It is not so obvious how OUR government is a big winner in this - where is the profit for them? Likewise, there are many more financial investors from around the world who have lost money - and big money at that - in this than have profited.
If you are looking for where the money has gone, one of those places is the people who are losing their homes and down payments. As IR keeps pointing out, they took plenty out of those houses. It was not only the bankers.
Walking away (default) is a lot more involved than most think, there are serious consequences with future and present Jobs and a host of other things, most underwater home owners will just ride it out if they can, 100K and under in SoCal, it’s most likely not a good Idea to walk away, 300K or more it gets easier to decide.
Unfortunately the mess we are in will take a lot of time and inflation, it’s going to be a long process, such is the nature of recessions caused by deleveraging,
Just ask the Japanese’s what happen when you refused to inflate.
The smart people used straw buyers for their gambling.
I agree that it’s more complicated than usually presented, but for most underwater homeowners, I’m sure I’d recommend strategic default after reviewing their financials.
Is a $150K underwater position unbearable if that household’s income is $150K+? It’s all relative.
My thoughts exactly. Not that I am happy about it.
There is a difference between corporate defaults and strategic defaults among individuals.
When a corporation defaults, it *cannot* service its debt. It simply *does not* have the requisite cash flow to service the debt, so it defaults, debts are restructured (generally partially charged off), the company comes out of bankruptcy with a reduced debt load, the lender takes the hit, and life goes on.
When an individual “strategically defaults”, he does so because he *will not* service his debt even thought he has the capacity to do so. That is, it’s a *choice* that he makes (hence, inclusion of the word “strategic”). That’s an important distinction that is never noted when the corporate bankruptcy vs. individual strategic default meme is discussed.
Now, I agree with you that the folks that CANnot service their debt should be defaulting (much like a corporation). But those who are capable of servicing their debt… just like a corporation that services its debt… should continue doing so and not “strategically default” simply to make their lives easier.
The distinction you are making is not that black or white. Who determines if a borrower has capability of repayment? Whether it be a corporation or an individual, there is a certain level of austerity and cost cutting that is reasonable and some that is not. Most strategic defaulters are in financial distress due to excessive debt. The gray area is the DTI of the borrower. A lender might believe they can afford a 60% DTI, but in reality they can’t. If a borrower only has a 30% DTI, then their strategic default doesn’t simulate consumer spending or benefit anyone other than themselves. However, low DTIs are the exception rather than the rule.
The same is true of corporations or even governments. The borrower always has a different opinion of what it takes to keep them solvent than a lender does. Many cram downs occur when a borrower does have capacity to pay but the managers or politicians have decided it is not in their best interest to do so.
It may be a bit gray, but that does not change the morality of going back on your word, and the grayness is a strawman argument. The defaulters know whether or not they can still pay. They know whether or not they are scumbags.
the morality of going back on your word
The above quote is beyond laughably ridiculous. This is a mirage perpetuated by lenders in the same way that “non-financial compensation” is used by companies to pay employees less than they are worth and trick the employees into believing that they have been fairly compensated.
Default/foreclosure is not an immoral choice. It is exercising a perfectly valid option in a FINANCIAL (NOT moral) agreement. Not paying the mortgage and then expecting to be able to keep the collateral (the house) would be “going back on your word”. Not paying and returning the collateral is KEEPING one’s word.
-Darth
Are you sure about that? I am not a lawyer or even versed in legal matters, but it seems to me that when you borrow money for a home with collateral, you promise to make the payments. I understand that the house is collateral that the lender will TAKE if you do not make the payments, but I do not remember the language of the contract reading, “If you change your mind and decide not to make the payments, you agree to GIVE the house back.” I don’t think the mortgage contract gives the borrower a choice. I think it just says that the borrower agrees to pay and lays out the consequences for non-payment.
For me, a financial agreement where I make promises is also a moral agreement. Is my position laughingly ridiculous? Probably, but I prefer laughingly ridiculous to the alternatives.
You’re right. Mortgage notes hold borrowers personally responsible for the debts. State laws limit if and how the debt may be collected upon default, but this shouldn’t be confused with the contract not holding the borrower personally responsible for the debt.
Mortgages might also contain pre-payment penalty language. Is breaking a mortgage to refinance immoral? It is a significant risk to the mortgage holder. Before the great housing bubble the main risk to holders of mortgage backed securities was prepayment risk. You could shave thousands of dollars off your payment. That’s thousands that you won’t be paying the bank. Is that wrong?
This is not true. Corporations default on properties outside of bankruptcy all the time:
http://www.hpe.com/view/full_story/10586133/article-DEFAULT—Merchandise-Mart-Properties-in-receivership
This is why corporations are formed - to shield the individuals making up the corp from individual liability for the actions of the corporation.
Other defaults by the parent company:
http://online.wsj.com/article/SB10001424052748703565804575238650253124526.html
More:
http://online.wsj.com/article/SB10001424052748703447004575449803607666216.html?mod=WSJ_hps_LEFTWhatsNews
“Companies such as Macerich Co., Vornado Realty Trust and Simon Property Group Inc. have recently stopped making mortgage payments to put pressure on lenders to restructure debts.”
Strategic default is a way borrowers put pressure on lenders to restructure debts. To say that companies only do that when they ‘cannot’ service its debt is ignorant.
[It’s probably unnecessary to note, but just in case… that second paragraph above describes a Chapter 11 bankruptcy (restructuring), as opposed to a Chapter 7 bankruptcy (liquidation). Obviously, in a Chapter 7 bankruptcy the company doesn’t emerge from bankruptcy… it’s gone.]
Who covers the $4 trillion shortfall.
I mean, I’m already in (to Countrywde, I mean B of A) for a cool five large.
The question is who “owns” the $4 trillion shortfall? (That is, who’s going to take it in the shorts?)
The GSEs (that’s we Taxpayers, by the way) own 55% of it. Foreigners own another 25%. That leaves about 20% actually held on US bank balance sheets. Now… where do you think the higher-quality mortgages ended up… sold to the GSEs and foreigners (via securitizations)... or held on US bank balance sheets?
The mortgages held on US bank balance sheets - while a bit shaky in aggregate - don’t compare to the underwater dreck held by the GSEs and inside the myriad securitization trusts. So, who will be paying for the vast majority of this “strategic default” that you suggest? Yup, we Taxpayers, and foreigners. The banks will only see a fraction of it. They may be dumb, but they were smart enough to unload the worst of the problem onto others’ shoulders. Now, the lawsuits… that’s another issue entirely.
The taxpayers will end up paying most of the cost. I think most people accepted that reality years ago when we took over the GSEs. Just because we don’t like it doesn’t mean it won’t happen. The debtors we are looking to repay this debt either can’t or won’t. For us to believe they will is just denial.
Agree with Who Flung Poo whole-heartedly. Also, did we forget it was CREDIT crisis that started it all? What would massive defaulting do now? It’s not that simple folks, we don’t just default and everything ‘poof’ disappears. I’ll need a lot more time to write to counterpoint everything Mr. Arends and IR supports here. But basically, financial sector makes up 20% of the market. Leave them with all that default burden and we’re in for a LONG day. Combine that with the psychological impact of debt forgiveness culture, and we’re just looking at the next ponzi scheme. We’re not all of a sudden going to save more because our debt was forgiven. Stimulating spending at all costs is not the answer folks, this solution will do that in the short term and then set us up for the greater fall. Bad idea.
correction- that AT BEST would stimulate spending in the short term.
There are a lot of small investors who bought RMBS that they were assured was a safe investment in the 2002-2007 time period. Most of them used their retirement funds. The big guys, like pension funds, will likely prevail in lawsuits for fraud and misrepresentation, but what about smaller individual investors.
they get smoked for lacking the common sense needed in investing.
While I don’t disagree with the main premise of the article(debt is the problem), and certainly nothing the government is doing has or will fix much, I don’t see this as a solution.
Firstly, how do you promote a program that encourages homeowners to walk away from mortgages that are current, albiet burdensome. It’s just wrong.
Secondly, before they walk, they just stop paying
so it’s seems like you just add more non-performing mortgages into the pipeline.
Thirdly, all those who have stopped paying their
mortgage are actually spending “the mortgage money” somewhere else. I doubt they are saving it. So they are actually spending more money in the economy than the up-to-date mortgage holder.
Fourthly, there is moral hazard. The flippers and real estate investors will see this as a green light to over-bid on properties since there is no risk. Interest rates will jump, or banks will get out of the mortgage business. Investors in MBS paper will never want to touch the stuff again. Only the Government will be willing to stay in the Mortgage market. That’s what were are trying to get away from.
That’s the way I see it at least.
Fourthly, there is moral hazard. The flippers and real estate investors will see this as a green light to over-bid on properties since there is no risk.
This is incorrect. Flippers and investors need good credit, because most of their buys are at least partially leveraged. If they are buying with all-cash, then there is no such thing as strategic default, because the money that they will be losing is their own. They don’t have a mortgage to default on if they are an all-cash buyer. Only highly-leveraged buyers have strategic default as an options, and their options (for a tragically-short period of time) become limited after they default.
This isn’t a penalty for their “immoral” choice, but rather a penalty for their failure to deliver the desired profit to their lender.
-Darth
Darth I commend your attempt to educate the people in regards to what constitutes a moral or ethical breach, but just face it, it IS a moral hazard because they say it is. And as awgee so proudly states “They know whether or not they are scumbags.” and if they don’t, I’m sure awgee and like minded compassionate loving people will tell them.
While I think that intentional default is in the direct interest of many debtors, I don’t think it is going to help the economy nearly so much as people might believe. Continuing to pay the mortgage on a property from a position of negative equity is not wasting the value of that money, it simply transfers that value to the creditor, who generally has employees that get paid and equity holders that might get a dividend and their own creditors that would like to be paid back. I’ll shed minimal tears for the predicament they find themselves in, but should the borrower’s cash flow and balance sheet be improved, another party’s is impaired. “Justice” may be improved thereby, but the aggregate economy has been shifted very much. Not that I was a frequent commenter here, but I stopped for a long time since the entertainment value of it diminished. Those debtors that aren’t going to pay will stop paying and the others will continue and I’m willing to allow that every one of them has reasons that make sense to them for doing so.
Sorry, meant”... the aggregate economy has not been shifted very much”.
Walking away from a house is not an easy moral decision but is certainly an easy financial decision.
Just some anecdotal evidence, we stopped paying on our house (300k underwater) in August of 2008. We were foreclosed on in June of 2009. Our credit scores were in the 750 range when we defaulted and as of last month, our scores were both back in the 690 range. We just bought a house ona 30-year fixed at 4.25%. The house is in a great neighborhood and sold in 2006 for just over double what we paid for it. It was a VA loan and ALL closing costs were paid for by the seller.
Back in 2008 when we made the decision to get out, virtually all of our friends said it was foolish and that we would be screwed for years if we did it. They were wrong and nearly all of them have defaulted in the past year or so.
I don’t regret our decision to walk away, however we were very prudent since we made that decision and saved money religiously. If we didn’t have the discipline to save after the default, I don’t know if I would be happy with out decision to walk away.
Who is the author of that piece talking to - kindergarteners?? It’s like he’s explaining that toys sometimes break to a 4-year-old. It’s very telling that the press has to talk down to debt-drowning adults about the realities of their bad financial decisions. I guess we can take some solace that they’re even acknowledging all the broken toys…
I noticed that too. Probably, if you’re dumb enough to get yourself into this mess, then you’re incapable of understanding adult-level writing style.
On the “It’s a business decision”, and “Businesses do it all the time”, issue. All three of my daughters knew at a young age that the “But Sally did it” excuse was bereft of integrity and is dishonest. It is amazing how few adults seem to understand that concept or think that it is more complicated just because they are stealing hundreds of thousands of dollars rather than a toy.
My guess is they know how to tell their children it is wrong to back on your word or to steal.
@awgee: I know what you are saying but hear me out.
I am raising my kids with the exact same philosophy but when I look at the larger world, I have to wonder if the system is so damn corrupt that those try to live by things like ethics are fools.
I have had so many friends and family use their houses like ATM and then walked away that it is ridiculous. In my circle, me and and another friend are the only one that stayed away from the ponzi scheme that was the housing bubble. We stayed put in smaller dwellings, saved money and lived below our means.
The rest of the crowd simple walked away from their houses after extracting handsome amounts from their ATM. The early wave has managed to salvage their credit and are now looking @ buying again because “NOW IS THE TIME!!!”.
When I look at the balance sheet, I have a nagging feeling that they came out ahead than me and my family. All I can show is “ethical” behavior on my part while they have almost a decade of good living, nice toys and some change leftover.
As I scramble to keep my healthcare costs low (son has a medical condition) and hang on to my job, while the rich get richer and jobs get shipped overseas, I don’t know what to believe in. I look at my kids and wonder if it would not have been better if I had just thrown my “ethics” and jumped in the party.
I do know that when my son gets in high school I will talk to him about this episode and tell him to make his own mind: in the land of the free/home of the b rave, being ethical and doing the right thing means getting screwed over while the crooks legally walk away with your money.
Alix - Of course those who live by an ethical standard are fools.
So?
Would you rather be a fool than a liar, cheat, thief, etc. Would you rather your children hear you called a fool or a liar, cheat, thief, etc.
Honesty can also sometimes be expensive. So? Maybe that’s kinda the point.
Alix - A few folks here know my situation, but I will tell you.
We sold our home in the summer of 2005. Do you know what we were called? “Fool” would have been rather one of the nicer words.
I think maybe not living by the world’s standards allows one to see things in a different light. It was clear to me in 2005 what was about to happen. But then, I am possibly a fool and my moral position is laughingly ridiculous.
We just closed on a home. We bought it with cash. The “smart” folks who know how best to fulfill a mortgage contract will undoubtably find our cash purchase foolish or laughingly ridiculous, but ...
I’m a bit confused here, I’m not sure how selling near peak would be considered “foolish”.
Maybe buying a home now with all-cash is… because you said you were able to get 200% returns on your 2005 sale proceeds so I would think you would leverage the low interest rates and continue to let your money work for you rather than have it sit in a still depreciating asset.
“...leverage the low interest rates and continue to let your money work for you…”
That is classic realtard/mortgage broker dribble!
Why is that dribble?
awgee said he’s made 200% since he sold his home… you don’t have to be a realtor or broker to understand that making 200% on $500k (I have no idea how much awgee’s house was) is better than putting $500k into a home that could lose 10%.
In fact, I think that’s opposite of what a realtor/broker would say… isn’t their tagline “invest in a home instead of the stock market”?
You are confused for the same reason you are thinking that leveraging oneself with low interest rates when purchasing a home is a wise financial decision.
ONLY IN HINDSIGHT, can you see that we sold at the peak. At the time we were selling, we looked like we were throwing money away. And now, buying with borrowed money with low interest rates is for suckers. If you are buying with cash, you probably do not care if re prices decrease or increase. If you are buying with cash, you probably understand that buying a house is an expense, not an investment. If you are borrowing, by necessity not objectivity prices must increase and your house is an investment. If you are buying with borrowed money when interest rates are low, it is a poor investment and the level of debt will affect every other investment decision you make, and not in a positive manner.
ONLY IN HINDSIGHT will you see that buying with borrowed money when interest rates are low is a poor investment decision. Buying with cash is not an investment decision. It is an affordable lifestyle decision.
Our home can not “lose” 10%. Unless an earthquake or a fire or something else destroys it. It’s “value”, “price”, or worth to others is irrelevant. We will live in it. And it will cost us money to do so; taxes, HOA, maintenance, etc.
I said it’s realtard/mortgage broker dribble because this is the line they used for years to get you to finance as much as humanly possible and cash-out equity.
“Why leave all that equity sitting there doing nothing for you when you can cash it out and put a downpayment on an “investment” property (or stock market, insurance product, etc.).”
I disagree… anyone who saw housing prices jump from late 90s to mid 2000s knew it was peaking, you don’t need hindsight to know you’re selling near peak, you just need to know you’re selling for much more than you were in for.
As for leveraging low interest rates as a wise financial decision, it is for those who don’t have all cash like you and it’s better than paying higher interest rates or rents that are above ownership costs, even IR has said that. But that wasn’t the point, the point was that you said you maximized returns on your cash so why not continue to do that and increase your family’s wealth since your returns are higher than current interest rates? Those 200% returns would pay for HOA, maintenance, tax etc.
@Perspective:
I understand now what you were saying. I’m just not a big believer in putting 100% cash into a home, even if it was an appreciating asset. I would rather have my money working for me elsewhere… especially at a 200% return rate.
ethics and integrity are the key to long term success in business, finance, and life.
there are times where it seems opposite, but that is life’s way of testing you.
awgee, i would have pegged you as one to finance 50% of the home purchase and leave the rest in physical PMs. what made you choose to go all cash?
Lifestyle, peace of mind, taking care of my wife and children, etc. I find it impossible to take the emotions out of investing if I am in any way leveraged or in debt. I can make more money with less capital through judiciousness. Leverage and debt introduces high levels of greed and fear.
bravo awgee. exactly.According to these people I should go buy a fancy car and drive it a few months and then just not feel like affording it anymore because it went down in value SO MUCH! why should I have to keep paying for it? It’s not worth the same amount. come take it. I enjoyed it while I wanted to. You can clean up the mess and pick up any costs I incurred. Oh, and I"m taking the awesome sound system with me!
I think more people should do just that. If they did, loans on cars would require hefty down payments, and the terms would never exceed the useful life. Every buyer-borrower would always have equity in the car because lenders would be forced to write loan terms that never left the borrower under water. That would make for less car debt and lower car payments.
p.s. I will keep the car and continue to pay if you decrease the principal I owe. fair deal?
Unfortunately, Arends the perpetual dunderhead doesn’t seem to understand why strategic default will fix the problem: Home prices still need to revert to reasonable levels.
An alternative perspective on deregulation-
http://www.youtube.com/watch?v=3AJDMuMOj2U
it was stated: Keynesian’s try to avoid this necessary purging so nobody experiences any pain.
This not correct. Keynes was a major advocate of writing off debt during the depression recognizing that it was needed to start over.
We should act morally and ethically - and hold other people, our politicians, corporations and other countries (namely China) accountable for acting morally as well. We need to make it loud and clear to others, especially our representatives, that we expect ethical behavior.
When there are rich entities that can buy votes, our only counterweight is our numbers.
We have to be ethical and moral - and strong.
I agree in general that the housing bust needs to run its course. Getting there won’t be easy, but it needs to be done.
I want to point out an area where I think you would benefit from a finer-grained analysis. I wouldn’t go so far as to bash the “Keynesians” The stimulus solution is a reaction to the failed “libertarian” policies of the previous administration and a way to deal with depression economics, where deflation and high unemployment are dragging things along. As you say in your book, the banks, investment firms, low interest rates, are largely to blame. We experienced near systemic failure of the financial system. That’s not a healthy free market, especially in light of the trillions of emergency loans needed to keep things from imploding a few years ago.
The point here is that you are perhaps taking slightly ideological stance that is unwarranted and somewhat contradictory to your overall message.
One way to look at this is to make an analogy to medicine. Let’s say your friend likes cheese burgers and has high cholesterol. Well his mistake is in eating too much fast food. The fix is to change behavior and nutrition. That’s true, and in our economic problems today we need to purge the system of the bad debt.
The problem is that your friend had a heart attack and is in the hospital. So today is not the time to go on a crash diet. You save his life first. Get him back on his feet. Then make the lifestyle changes.
I don’t agree with Krugman always. But I think you’ve twisted his message to a large degree. Stimulus is one way to shut down the depression economics we face now. It’s a way to deal with the heart attack, so to speak.
Following your logic, let’s assume we do zero stimulus. We let everyone default on their loans today. The banking system would probably collapse, and that would wreak havoc on our economy. There are only a handful of banks and investment firms that control much of the capital. THis isn’t as if Yard House went out of business at the Spectrum. The scale of the problem in relation to the size of the market is to the point where we have “too big to fail” issues. In other words, we do not have a free market, because the axioms for a free market have not be satisfied. We’ve nationalized much of the risk, so we can’t just use simple-minded, free market ideas to solve a more complex problem.
The other extreme is to do a 10 trillion dollar stimulus and go crazy with spending—well that would be awful. So can’t do that.
The solutions are in the grey zone, somewhere in between.
Thanks for all your work, and I look forward to all your posts!
Cheers!
Stan
I beg to disagree,economy is currently facing bad right now.Maybe because of too much corruption in our country.