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re: Re It's "immoral" to strategically default on one's mortgage

Posted on 12/12/11 at 4:49 pm to
Posted by JPLSU1981
Baton Rouge
Member since Oct 2005
26955 posts
Posted on 12/12/11 at 4:49 pm to
I don't know. I'm not a mortgage expert, nor a collateral expert. Nor a lender.

But, if you want to talk in simple terms (which I believe this thread is about....immoral vs not immoral)....

When someone borrows money from someone, they should pay them back in full. Period.



I realize the system is set up a little differently than above, but maybe we should all get back to the simplest form of it all: owe money, pay it back.

All That said, I have zero issues with someone working the system through all current legal means necessary to help themselves and their family. My issues aren't with the people that do this, but with the system that allows them to do this.
This post was edited on 12/12/11 at 4:51 pm
Posted by Tiger JJ
Member since Aug 2010
545 posts
Posted on 12/12/11 at 6:54 pm to
quote:

My issues aren't with the people that do this, but with the system that allows them to do this.


You're effectively talking about debtor's prison.
Posted by JPLSU1981
Baton Rouge
Member since Oct 2005
26955 posts
Posted on 12/12/11 at 7:39 pm to
After pondering your question, I do believe it is indeed immoral. Is it on the level of murder or rape? Of course not. Should it be illegal? Of course not. But I do believe it is wrong and should be frowned upon by society.

If someone fails to pay back what they borrowed in full to the person/entity that lent them the money, I believe the person "got away with one" and should feel guilty, should feel that they've done wrong, and should feel that they screwed up and potentially hurt someone else financially.

Posted by DandyPimp
New Orleans
Member since Jan 2007
1110 posts
Posted on 12/12/11 at 8:04 pm to
Funny story about mortgage bankers association building. Co-star a real estate data service bought their building in the short sale to occupy as a user. Got tax credits for moving jobs into dc from the suburbs and then flipped the building in a sale lease back transaction the following year for over $100 million, an increase of about $60 million over the purchase price. Great illustration of why it's important to move the process along rather than prolonging the pain.
Posted by jeffsdad
Member since Mar 2007
23393 posts
Posted on 12/12/11 at 8:31 pm to
I do know that about 20 years ago I bought a house in Lafayette during the oil boom. oil busted and I had to move. i paid the note 3 months and simply had no more money. I went to the mortgage company, handed them the keys and told them I was broke. I heard nothing from them...about 7 months later I had to go down and sign some documents allowing someone else to buy the house. About 2 years later, when I was attempting to buy another house, it showed up on my credit. I contacted an attorney. He said it was a "short-sale" and should not have been used against my credit. He wrote a letter and boom - it was off.

Never really thought about it much. Guess I was lucky.
Posted by SlowFlowPro
Simple Solutions to Complex Probs
Member since Jan 2004
451518 posts
Posted on 12/12/11 at 9:25 pm to
quote:

If someone fails to pay back what they borrowed in full to the person/entity that lent them the money, I believe the person "got away with one"

even if there is collateral?
Posted by Bayou Tiger
Member since Nov 2003
3689 posts
Posted on 12/12/11 at 9:43 pm to
Collateral and interest rate are the keys here. This topic of moral obligation to repay a mortgage is completely ridiculous.

You are not "borrowing money" from a well-wishing good Samaritan. The bank is letting you borrow a certain amount of money, and they get the house (or other collateral) if you don't repay. Therefore they should hedge this by letting you borrow less than the stated collateral. Interest covers the cost of capital, principal risk, etc.

Now here is the real tragedy. When these loans were shifted to Fannie/Freddie, it was the taxpayers' money placed at risk. So the incentive structure above fades away. Banks get rich by giving mansions to strawberry pickers and setting taxpayer money on fire. Yikes.
Posted by ZereauxSum
Lot 23E
Member since Nov 2008
10176 posts
Posted on 12/12/11 at 9:45 pm to
quote:

When someone borrows money from someone, they should pay them back in full. Period.


Why?

I really don't understand this.

My agreement with my bank isn't "I will pay you back". It is "I will either pay you back or surrender the collateral (house)" Furthermore, it's an agreement that the bank wrote up.

A borrower always has two options in a mortgage. What is immoral about exercising one or the other?
Posted by kfizzle85
Member since Dec 2005
22022 posts
Posted on 12/12/11 at 9:52 pm to
Quiet you somodite. God damn immorals running all over this place.
Posted by Tiger JJ
Member since Aug 2010
545 posts
Posted on 12/12/11 at 10:10 pm to
quote:

Funny story about mortgage bankers association building. Co-star a real estate data service bought their building in the short sale to occupy as a user. Got tax credits for moving jobs into dc from the suburbs and then flipped the building in a sale lease back transaction the following year for over $100 million, an increase of about $60 million over the purchase price. Great illustration of why it's important to move the process along rather than prolonging the pain.


Posted by Shankopotomus
Social Distanced
Member since Feb 2009
21058 posts
Posted on 12/12/11 at 10:35 pm to
so there
Posted by bulldog95
North Louisiana
Member since Jan 2011
21038 posts
Posted on 12/12/11 at 11:35 pm to
I am actually debating this now. The wife and I are moving next summer and we will not get what we owe on our current house when we try to sell.

The house we currently own is in my name only and my wife has no ties to it whatsoever, so my credit will take a major hit, but hers will still be good and thats why I am even considering this.

Posted by LSUtoOmaha
Nashville
Member since Apr 2004
26654 posts
Posted on 12/13/11 at 6:25 am to
quote:

but hers will still be good and thats why I am even considering this.


When you put it in her name though, are there no ramifications for her benig married to a person that just defaulted?
Posted by LSURussian
Member since Feb 2005
131007 posts
Posted on 12/13/11 at 7:34 am to
What's the matter? Is your conscience (assuming you have a conscience since you don't think it's unethical to borrow money and then willingly not pay it back even though you have the income to do so) hurting you since you defaulted on your home mortgage?

That was in Washington, wasn't it, where the state has non-recourse laws on home loans?
This post was edited on 12/13/11 at 7:36 am
Posted by LSURussian
Member since Feb 2005
131007 posts
Posted on 12/13/11 at 7:43 am to
quote:

I am actually debating this now. The wife and I are moving next summer and we will not get what we owe on our current house when we try to sell.

The house we currently own is in my name only and my wife has no ties to it whatsoever, so my credit will take a major hit, but hers will still be good and thats why I am even considering this.



If your dwelling is in Louisiana (and your avatar quote seems to imply that it is) you had better research your situation and your loan agreement before you assume you can just walk away with a short sell.

Most home loans made in La. are 'full recourse' loans. That means the lender can go after your personal assets, garnish your wages, etc. to make up the deficiency between what you owe and what the house sells for and gets applied to the loan.

The last I looked (which has been a couple of years) 38 states are full recourse states with the other 12 being non-recourse states, where the sale of the house and the application of the sales proceeds satisfies the debt and the lender is not allowed to pursue other collection methods.

Most of the non-recourse states are the Democratic-controlled liberal states on the west coast and in New England, as I recall.
Posted by Tiger JJ
Member since Aug 2010
545 posts
Posted on 12/13/11 at 9:39 am to
quote:

What's the matter? Is your conscience (assuming you have a conscience since you don't think it's unethical to borrow money and then willingly not pay it back even though you have the income to do so) hurting you since you defaulted on your home mortgage?

That was in Washington, wasn't it, where the state has non-recourse laws on home loans?


And right on cue. Despite your stalking, you know NOTHING about me or my personal life. And I'd like to keep it that way...except to tell you - as per usual - you are full of shite, spouting lies and way off base.

quote:

That was in Washington, wasn't it, where the state has non-recourse laws on home loans?


Never can pass up a chance to phish for personal data on me, can you? Never can pass up the chance for a personal attack instead of simply addressing the matter at hand, can you?

:creepy:

Pathetic.
This post was edited on 12/13/11 at 9:48 am
Posted by Tiger JJ
Member since Aug 2010
545 posts
Posted on 12/13/11 at 9:46 am to
quote:

If your dwelling is in Louisiana (and your avatar quote seems to imply that it is) you had better research your situation and your loan agreement before you assume you can just walk away with a short sell.



A short sale is probably not worth doing if it doesn't come complete with a waiver of DJ.

quote:


Most home loans made in La. are 'full recourse' loans. That means the lender can go after your personal assets, garnish your wages, etc. to make up the deficiency between what you owe and what the house sells for and gets applied to the loan.


A huge portion of loans are also Fannie/Freddie and they have very rarely (up to this point) pursued DJ's.

quote:

Most of the non-recourse states are the Democratic-controlled liberal states on the west coast and in New England, as I recall.

quote:


Alaska
Arizona

California
Connecticut
Florida
Idaho
Minnesota

North Carolina
North Dakota
Texas
Utah

Washington




Full of shite, as usual, I see.

You're batting 1.000 in this thread! First the ad hom and then straight on to the misinformation! Bravo!

LINK

LINK
Posted by Cold Cous Cous
Bucktown, La.
Member since Oct 2003
15198 posts
Posted on 12/13/11 at 9:55 am to
To be fair, this thread was basically a big chunk of LSURussian bait.
Posted by LSURussian
Member since Feb 2005
131007 posts
Posted on 12/13/11 at 9:56 am to
What part of what I posted is not true? Of course, then I'd have to believe you and that's a fantasy world unto itself.

Back on topic, it's a big difference between (1) a borrower who can't repay his home loan because his situation has changed, i.e., he lost his job, serious illness, divorce, etc. and (2) someone who refuses to repay a loan to satisfy his own personal convenience although he continues to have the income/assets to repay the obligation.

Those in the #2 category are scumbags with non-existent ethics, IMO, and just a notch above street panhandlers.

Using the corporate example you posted, American Airlines was to the point where their continual losses were going to eventually affect them as a going concern. They had to use the bankruptcy provisions in order to adjust their collective bargaining agreements to get their expenses under control. It did not appear to be a matter of convenience but of necessity, sooner or later. They chose "sooner."

That is a big difference between someone just walking away from a personal obligation just because they can.
Posted by LSURussian
Member since Feb 2005
131007 posts
Posted on 12/13/11 at 10:03 am to
Good for you! You researched data (which I already admitted was dated since I have not looked at it for 2 years +/-) and proved me somewhat incorrect. Does that make you feel better about being a deadbeat?

And, btw, I consider Alaska and Arizona as being on or near the west coast. Minnesota is not west but it is a Dem-heavy state.

But, again, if it makes you feel better, bravo!
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