Polyphasic Sleep and Better Thinking
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Do not EVER use the words “Strategic Default” in my presence

Maybe Homeowners Wouldn't Strategically Default If Lenders Cooperated

Will a Human at B of A Please Modify My $160,000-Underwater Mortgage

Blatantly Racist Subprime Loans

Slothful Loan Modifiers Earn More Money When You're Delinquent

Bank Told Homeowner to Skip Payments, Then Foreclosed

Asymmetrical Norms: Why Homeowners Aren't Walking Away

Rich Investors "Walk Away" from $5 Billion Mortgage

…I just wanted to put up those articles (from The Consumerist, all relatively recent), and weigh in with my Hi-I-Was-A-Foreclosure-Prevention-Counselor-In-Recession-Central opinion…mostly because I would feel really bad if I left the field (which I have) without ever saying it really, really loudly:

THE MAJORITY OF FORECLOSURES COULD HAVE BEEN EASILY PREVENTED BY THE BANKS MAKING EVEN A TINY AMOUNT OF EFFORT TO STOP THEM.

THAT EFFORT IS NOT THERE.  FROM ANY OF THE BIG, BAILED-OUT BANKS.  STORIES LIKE THE ONES ABOVE ARE THE NORM, AND LAZY OR SHADY HOMEOWNERS WALKING AWAY IS ALMOST 100% A BANK-CREATED FICTION.  (Please don't be surprised that huge mega-banks can influence the media in this country.  I will have to punch you.)

DO YOUR PART and STOP HELPING TO SPREAD THE LIES.  THE BANKS CAUSED THIS PROBLEM BY ALLOWING THEIR OWN PROFESSIONAL REPRESENTATIVES TO SELL UNSUSTAINABLE LOANS, AND THEY ARE PERPETUATING IT BY FAILING TO TAKE EVEN THE MOST BASIC STEPS TO TRY AND HELP HONEST FAMILIES WHO WANT TO PAY (often who want to pay on exorbitant terms that they really should walk away from) MAKE REASONABLE MODIFICATIONS TO THEIR LOANS.

I saw it; hundreds of times.  I met maybe five–maybe?–actually stupid homeowners, and one shady jerk, in three years of counseling; but I lost track of the number of times I personally witnessed:

  • banks telling people they needed to miss payments before they could receive help; then foreclosing once the payments were missed;
  • banks setting deadlines and then forcing people to miss them, and then foreclosing;
  • banks "losing" paperwork over and over again, and refusing to extend deadlines because of it;
  • banks offering "help" in the form of a modification that raised the homeowner's payments, often also making their loan terms worse (and how many sad, sad times homeowners accepted that modification, assuming that since they'd asked for help, they'd get it, and not wanting to be "rude" by reading the fine print and demanding a better deal) — and then foreclosing if the modification isn't accepted, or if it is and the new, higher payments can't be made.

I'm counting on you, Internet.  Don't let this whole foreclosure mess go down in history as a problem with consumers:   That was NEVER true.

Thank you.

(Bonus Happy Link:  Americans for Fairness in Lending)

2 comments

1 Michael Turner { 02.07.10 at 7:09 am }

Then there are those who'd prefer foreclosure just so they could get on with their lives, but NO:
http://rortybomb.wordpress.com/2010/02/05/email-from-a-reader-on-not-being-foreclosed-on/
That story, plus your final bullet point above, make me thing that many banks now have some kind of accounting-fiction incentive to make their non-performing assets look better than they are.  The bailouts gave them cash, so that source of blood loss has been (temporarily) stanched.  Now they need to look as if their mortgage portfolios aren't any worse for them than the worst (actually softballed) "stress tests" they were put through by Treasury.  That's my guess, anyway.  Let's not forget: that whole process you describe above is labor-intensive *for the banks.*  Once the full measure of the debacle is confirmed — that the decline in home prices will continue, that foreclosures can only go higher, that prices won't go up again for a long, long time — they'll streamline their process around that reality, and that means they'll be letting a lot of people go.

2 puredoxyk { 02.11.10 at 10:34 am }

Michael,

I’ll be really interested to see how it actually shakes out in the long-run, when it stops being advantageous to banks to let loans sit and rack up the defaults; maybe when the reality of the fact that home sales AND rentals are down (this never happens, and economists are boggling but still somehow haven’t figured out that the answer to “how” is in the massively-overcrowded homeless shelters) kicks some public-sector suits into action (not that suits ever turn on each other except in the most dire zero-sum circumstances)…yes, it’ll be interesting. I’m probably exiting my own homeownership soon — thankfully I have family who’s taking over the home for me — but looking ahead, zow am I glad to be out, even on a deal as conservative and solid as the home I bought three years ago, knowing full well how things were. I just think my life is much improved by not owing shit to these devils, and the worse they get, the less benefit I can see to owning anyway.

Thanks!