Due to the decline in housing prices in a rarely used bankruptcy technique has begun to get additional use. The process of “lien stripping’’ involves a homeowner filing under Chapter 13 (“payback plan”) asking the Bankruptcy Court to turn a secured second mortgage into a unsecured debt. This would eliminate monthly payments on the second [...]
Dear NACBA Member, No doubt you have seen media reports about H.R. 3808, the “Interstate Recognition of Notarization Act,” which would have required every state to recognize notarizations that are made lawful by any single state. This bill, first introduced in 2005 by Rep. Robert Aderholt (R, AL), was passed by the House earlier this [...]
How Conflict of Interest Leads to Foreclosure When a mortgage is taken out by a homeowner through a bank the homeowner is often unaware that the bank merely acts as a middle man. Banks will often collect monthly mortgage payments and pass them along to large lenders such as mutual funds. When banks create a [...]
Increase in Bankruptcy Filings There has a been a drastic increase in the number of consumers filing for bankruptcy in the first six months of 2010. This increase is seen in most of the 50 states but is most prevalent in the southwestern and southeastern portions of our nation. While these areas of the country [...]
Zombie Debt Collectors Zombie debt collectors are not the deceased bodies of collectors that attack you but are collectors who attempt to collect debts that are long gone. They purchase the rights to your debt from creditors for cheap and will call debtors and attempt to coerce a payment. They can call at any time [...]
How Helpful Are Debt Settlement Companies? Debt Settlement Agencies are companies that will communicate with a debtors creditors in order to reduce one’s debts. These companies reduce the need for the creditor and the debtor to interact which is alluring to debtors who wish to end phone calls from their creditors. These companies often quote [...]
“Forensic loan auditors” prey on homeowners in debt. They promise to completely wipe out loans no matter what you’re situation by investigating your mortgage loan. If they promise to find legal issues with your loan that will allow you to sue your lender which they claim will speed the process to alter you loan. The [...]
annualcreditreport.com is the federally mandated web site to get your free credit report. You are able to get 1 free credit report per year from each of the three major credit reporting agencies. The other web sites that promise free credit reports are not free. (including the ones with the catchy songs.) If you go to annualcreditreport.com [...]
Beyond Guilt in the Housing Crisis: The Morality of Strategic Default
Brent T. White?
Abstract: Responding to those who argue that homeowners who strategically default on their mortgages are immoral and socially irresponsible, this article argues that breaching a mortgage contract is not only morally acceptable, it may be the most responsible course of action when necessary to fulfill more important obligations to one’s family.