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walk away, wait 3 years, can buy home, no problem


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2011 Mar 4, 3:52am   19,634 views  117 comments

by chip_designer   ➕follow (0)   💰tip   ignore  

I heard this phrase everywhere, blogs, forums, here

The housing peak was 2007. Then some early folks started to walk away in 2008.

So this year is the year those folks could "buy a home again".

Has this been done before, I wonder?

I was wondering how it really works, someone who walked away, then after 3 years, went to the mortgage broker/bank,
applied for the loan, bank ran the credit analysis, and the audit/processing people did not raise any flag "hey, you defaulted before, no worries, we will lend you again"

#housing

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25   Serpentor   2011 Mar 9, 5:15am  

tatupu70 says

klarek says

It gives deadbeats a free pass and it’s govt impeding on risk management. In fact, it increases risk, as is evidenced by the large numbers of people strategically defaulting

Not really. It should cause banks to stop giving loans when houses are overpriced and stop bubbles from forming.

You mean like how it prevented the housing bubble from forming in CA? LOL.

I didn't know living in an overpriced underwater house has the same affect on your reasoning as smoking crackpipes.

26   tatupu70   2011 Mar 9, 5:20am  

Serpentor says

tatupu70 says


klarek says

It gives deadbeats a free pass and it’s govt impeding on risk management. In fact, it increases risk, as is evidenced by the large numbers of people strategically defaulting

Not really. It should cause banks to stop giving loans when houses are overpriced and stop bubbles from forming.

You mean like how it prevented the housing bubble from forming in CA? LOL.
I didn’t know living in an overpriced underwater house has the same affect on your reasoning as smoking crackpipes.

That's why I said SHOULD. Obviously banks didn't understand the risks involved.

It's pretty simple, though. If you were loaning your money--would you take an severely overpriced asset as collateral?

27   klarek   2011 Mar 9, 5:25am  

Mr.Fantastic says

Quoted for ridiculousness and overall stupidity.

It's easily the dumbest thing he's said.

tatupu70 says

That’s why I said SHOULD. Obviously banks didn’t understand the risks involved.

So just to clarify, you believe that no-recourse loans mandated by the states were intended to inspire banks to be LESS risky? Just admit that you made that one up, nobody will rag on you if you come clean.

28   tatupu70   2011 Mar 9, 5:27am  

klarek says

So just to clarify, you believe that no-recourse loans mandated by the states were intended to inspire banks to be LESS risky? Just admit that you made that one up, nobody will rag on you if you come clean.

I don't claim to know the reason behind no-recourse loans. I'm only pointing out one of the side effects of them.

And yes, being no-recourse should without a doubt cause banks to be less risky. That should be VERY obvious.

29   tatupu70   2011 Mar 9, 5:30am  

Mr.Fantastic says

Serpentor says


You mean like how it prevented the housing bubble from forming in CA? LOL.
I didn’t know living in an overpriced underwater house has the same affect on your reasoning as smoking crackpipes.

I don’t think this can be overstated, but the fact that tatupu thinks that non-recourse loans should prevent bubbles from forming, in spite of what has occurred in the past decade, has to rank as one of the most stupidest statements ever said on the internet.

OK--it should be easy to point out the flaw in my logic then, right?

I expect a comeback along the sort of the one you gave on the other thread, however, about licking your nuts. Very clever. Or maybe you'll go with faggot again. Seems to be one you are very proud of.

Please surprise me. Post something that is actually on topic.

30   tatupu70   2011 Mar 9, 6:00am  

Mr.Fantastic says

tatupu70 says


OK–it should be easy to point out the flaw in my logic then, right?

There are about $9 trillion flaws in your logic.

And I was right again. I'm not going to respond to your obvious trolling post. Other than to say you must really be running scared now...

Still waiting for you to post anything resembling a useful response or showing why you think I'm wrong....

31   ch_tah   2011 Mar 9, 6:12am  

Tatupu's logic is not flawed.

non-recourse state
Homedebtor comes along and says I want to buy a house for $1M. Lender says, here's your $1M on the contingency that I get the house back if you don't pay me back. Lender sure as hell better be sure that house is worth $1M or Lender is making a stupid loan since all he gets back is the house.

recourse state
Homedebtor comes along and says I want to buy a house for $1M. Lender says, here's your $1M on the contingency that I get the house back if you don't pay me back, and any difference between the price I get for the foreclosure sale and the loan amount, I'll get a default judgment against you. No matter what the house sells for, Lender will get his $1M in time.

Therefore, using logic (rather than insults), Lender in a non-recourse state SHOULD do a lot more to avoid overlending which SHOULD reduce the chances of a bubble.

32   bubblesitter   2011 Mar 9, 6:19am  

Haha..I feel like removing my ignore option :)

33   MarkInSF   2011 Mar 9, 6:35am  

klarek says

MarkInSF says

I’m not quite sure why you’re against no-recourse loans.

It gives deadbeats a free pass and it’s govt impeding on risk management. In fact, it increases risk, as is evidenced by the large numbers of people strategically defaulting.

I take it then you are in favor of getting rid of non-recourse loans for commercial real estate too? And what about corporate debt? Should owners of corporate bonds be able to come after the personal assets of owners / shareholders of the company?

34   Serpentor   2011 Mar 9, 6:38am  

ch_tah says

Tatupu’s logic is not flawed.
non-recourse state

Homedebtor comes along and says I want to buy a house for $1M. Lender says, here’s your $1M on the contingency that I get the house back if you don’t pay me back. Lender sure as hell better be sure that house is worth $1M or Lender is making a stupid loan since all he gets back is the house.
recourse state

Homedebtor comes along and says I want to buy a house for $1M. Lender says, here’s your $1M on the contingency that I get the house back if you don’t pay me back, and any difference between the price I get for the foreclosure sale and the loan amount, I’ll get a default judgment against you. No matter what the house sells for, Lender will get his $1M in time.
Therefore, using logic (rather than insults), Lender in a non-recourse state SHOULD do a lot more to avoid overlending which SHOULD reduce the chances of a bubble.

His argument is flawed because the opposite of what you described happened. Non recourse states had the biggest bubbles because the can buy way over their means and not have to worry about banks out the law coming after then if it goes south. Individual greed wins over bank worker diligence.

35   MarkInSF   2011 Mar 9, 6:45am  

Mr. fantastic and klarek, you are entirely missing the point about non-recourse and risk.

Yes, if loans are non-recourse, borrowers will likely be less cautious, but banks - assuming they hold the loans - will be more cautions.

If mortgages are recourse, then borrowers may be more cautions, but banks will be more reckless, since they don't really care at all about the value of the property - only the value of the assets of the borrower they can seize.

Who do you think is better at judging risk? A borrower or a bank? I would sure hope it's the bank, since that is their business. So it's the bank that should have the onus of caution put upon them.

Of course non-recourse doesn't cause lenders to be cautious if they're not the ones actually taking the risk. And that's exactly what happened in the bubble. Loans were just packaged and sold to investors with fraudulent AAA rating slapped on them. The loan originators didn't give a damn how bad the loan they made was.

36   MarkInSF   2011 Mar 9, 6:47am  

Serpentor says

Non recourse states had the biggest bubbles because the can buy way over their means and not have to worry about banks out the law coming after then if it goes south. Individual greed wins over bank worker diligence.

What bank worker diligence is that exactly?

I'm just completely baffled by this stupid statement. If lender was doing their due diligence they would not lend to somebody over their head.

37   Serpentor   2011 Mar 9, 7:01am  

Banker diligence in making sure the borrowers can actually afford the payments.

Did the bubble haopen in ca or not? And is ca a recourse state or not? Who is stupid now?

38   ch_tah   2011 Mar 9, 7:05am  

Serpentor says

His argument is flawed because the opposite of what you described happened. Non recourse states had the biggest bubbles because the can buy way over their means and not have to worry about banks out the law coming after then if it goes south. Individual greed wins over bank worker diligence.

That doesn't make his argument flawed, that just means there were other forces that affected the decisions of the banks. His logic makes sense, especially considering he said SHOULD. F'n A, man, you guys who try to play gotcha, why don't you get better at reading first.

39   MarkInSF   2011 Mar 9, 7:07am  

Serpentor says

Banker diligence in making sure the borrowers can actually afford the payments.

Again. What evidence to you see that lenders were actually diligent in making sure borrowers could actually afford payments?

40   Katy Perry   2011 Mar 9, 7:19am  

Three years from What????

day you stop paying?

the day you leave the house?

day bank files NOD?

it's been two years since my friends walked in San Diego, the bank still hasn't filed a NOD!!

who is starting the stop watch???

anyone??

41   MarkInSF   2011 Mar 9, 7:28am  

Mr.Fantastic says

You think bankers are responsible and diligent, more so than borrowers.

But lenders ARE more cautious. By a longshot. But only if their own capital is at risk. You know, they way banks used to operate? That's the essence of the problem, not non-recourse loans.

CA has been non-recourse for many decades before the bubble. So why didn't they have a bubble before?

What changed was the way lenders operate, becoming simply loan originators, and the securitizing loans with fraudulent AAA ratings slapped on them. Home loans used to be carried on the books of the bank that wrote the loan, putting the banks capital at risk.

42   PockyClipsNow   2011 Mar 9, 7:29am  

I never ever imagined the prices would be supported by NOT FORECLOSING on millions and millions of people.

I knew there was a massive bubble, but I didnt see that one coming.... or the 12 trillion in bailouts/loan guarantees the Feds have done....

And lets keep in mind people who 'saw' the bubble are probably a rare slice of the population. Who the hell can predict where this mess goes next?

43   Serpentor   2011 Mar 9, 7:36am  

ch_tah says

Serpentor says

His argument is flawed because the opposite of what you described happened. Non recourse states had the biggest bubbles because the can buy way over their means and not have to worry about banks out the law coming after then if it goes south. Individual greed wins over bank worker diligence.

That doesn’t make his argument flawed, that just means there were other forces that affected the decisions of the banks. His logic makes sense, especially considering he said SHOULD. F’n A, man, you guys who try to play gotcha, why don’t you get better at reading first.

His statement is flawed because there are other stronger forces that affected the result. Its retarded because real world results proved that his assumption was wrong. Its retarded because that statement was made after the mother of all bubbles happened in states with no recourse because buyers dont have to worry about banks coming after them.

Its not gotcha. Its real world proof versus a theory by a desperate house owner.

44   ch_tah   2011 Mar 9, 7:46am  

Just so we're clear, the statement we're talking about is:
Tatupu: Not really. It should cause banks to stop giving loans when houses are overpriced and stop bubbles from forming.

Yes, other stronger forces affected the result, that still doesn't make his comment flawed or retarded.

The bubbles occurred in the nonrecourse states because the BUYERS didn't have to worry, whereas buyers in recourse states did. That has nothing to with whether the banks SHOULD have stopped giving these people loans and whether such a law SHOULD encourage banks to be more careful. As MarkinSF pointed out, the banks seemingly didn't care since they were able to sell off the loans and get them off of their books for the most part.

It is a gotcha by a wannabe house owner who can't afford one since the bubble already occurred and whether or not nonrecourse loans caused it is irrelevant to those who purchased.

45   MarkInSF   2011 Mar 9, 8:13am  

BTW, student debt is recourse and can't even be discharged in a bankruptcy. That's hasn't stopped the bubble in student loans and education costs.

46   MarkInSF   2011 Mar 9, 9:04am  

Mr.Fantastic says

MarkInSF says

Mr.Fantastic says

You think bankers are responsible and diligent, more so than borrowers.

But lenders ARE more cautious. By a longshot. But only if their own capital is at risk. You know, they way banks used to operate?

Yeah I remember those days. What about when gas was $1.25 a gallon, people flew by zeppelin, and dinosaurs roamed the Earth?
Those were the days.

Ha. Ha. Very funny. No, you only have to go back to 1995, the year before the housing bubble got started.

47   tatupu70   2011 Mar 9, 9:41am  

Serpentor says

His statement is flawed because there are other stronger forces that affected the result. Its retarded because real world results proved that his assumption was wrong. Its retarded because that statement was made after the mother of all bubbles happened in states with no recourse because buyers dont have to worry about banks coming after them.

I'll give you credit because at least you are presenting argument for why you think I'm incorrect, which is more than the others are doing.

Where you're wrong is your assertion that the fact that a bubble formed disproves my point. It's a logical fallacy. Saying A makes B less likely doesn't mean that A makes B impossible. Nor does B happening prove mean that A didn't make it less likely to occur.

48   klarek   2011 Mar 10, 12:46am  

tatupu70 says

Mr.Fantastic says

tatupu70 says

OK–it should be easy to point out the flaw in my logic then, right?

There are about $9 trillion flaws in your logic.

And I was right again.

Yes, tats, adding risk to the system reduces risk. Nothing flawed in that argument. Your cogency is breathtakingly awesome.

49   klarek   2011 Mar 10, 12:54am  

ch_tah says

Therefore, using logic (rather than insults), Lender in a non-recourse state SHOULD do a lot more to avoid overlending which SHOULD reduce the chances of a bubble.

Except
a) that's not what non-recourse is used for, tatupu just made that up, and
b) states are putting unneeded risk on the lenders, yet the traditional role of the govt was to regulate industry and REDUCE risk since those lenders cannot be trusted

So it's entirely bullshit, left to right, inside and out, to suggest that this could in anyway minimize or even neutralize risk.

MarkInSF says

I take it then you are in favor of getting rid of non-recourse loans for commercial real estate too? And what about corporate debt? Should owners of corporate bonds be able to come after the personal assets of owners / shareholders of the company?

Remove it all. If for no other reason than to end the constant pathetic excuse of "well the corporations do it, so you should too," usually from the same anti-capitalist dumbasses who suddenly see the need to model personal financial behavior after the most unsavory of corporations.

MarkInSF says

What evidence to you see that lenders were actually diligent in making sure borrowers could actually afford payments?

Thank you for driving home the point that his argument is completely fucking stupid. "Let's add more risk and trust the bankers to make up for it". About as logical as drinking cyanide to teach your body to repel it".

50   klarek   2011 Mar 10, 1:06am  

Mr.Fantastic says

I guarantee you, he will spend the next half dozen post defending non-recourse loans as a way to save the financial system.

Perhaps he'll next argue that we should permit registered sex offenders from living anywhere BUT next to a school. That way it will increase student and faculty safety awareness. Increase risk to decrease risk, the logic is flabbergasting.

51   ch_tah   2011 Mar 10, 1:12am  

klarek says

ch_tah says

Therefore, using logic (rather than insults), Lender in a non-recourse state SHOULD do a lot more to avoid overlending which SHOULD reduce the chances of a bubble.

Except

a) that’s not what non-recourse is used for, tatupu just made that up, and

b) states are putting unneeded risk on the lenders, yet the traditional role of the govt was to regulate industry and REDUCE risk since those lenders cannot be trusted
So it’s entirely bullshit, left to right, inside and out, to suggest that this could in anyway minimize or even neutralize risk.

What is non-recourse used for then? It's main goal is to prevent people from being overly burdened in debt from a loan that goes bad, but that goes hand-in-hand with the people/banks making those loans to make sure they make good loans.

In what ways are states putting unneeded risks on lenders?

52   Serpentor   2011 Mar 10, 1:15am  

Removing locks from all cars and houses "should" reduce crime because the owners should be more vigilent in guarding their possesions.

53   Serpentor   2011 Mar 10, 1:18am  

Getting rid of jails and all punishment "should" make crime go down because it will force the police and citizens to be more vigilent.

54   ch_tah   2011 Mar 10, 1:20am  

I know this is just wikipedia, and its definition is probably worthless because you disagree with it, but here's what it has to say about non-recourse loans:

"The incentives and motivations for the parties is intermediate between those of a full recourse secured loan and a totally unsecured loan. While the borrower is in first loss position, the lender also assumes significant risk, so the lender must underwrite the loan with much more care than in a full recourse loan. This typically requires that the lender have significant domain expertise and financial modeling expertise."
http://en.wikipedia.org/wiki/Nonrecourse_debt

Sure as hell seems to support what Tatupu was saying.

55   Serpentor   2011 Mar 10, 1:25am  

Who gives a crap about what what its meant to do and what wikipedia says. Thats not what happened in real life is it?

56   tatupu70   2011 Mar 10, 1:26am  

klarek says

Except
a) that’s not what non-recourse is used for, tatupu just made that up, and
b) states are putting unneeded risk on the lenders, yet the traditional role of the govt was to regulate industry and REDUCE risk since those lenders cannot be trusted
So it’s entirely bullshit, left to right, inside and out, to suggest that this could in anyway minimize or even neutralize risk.

klarek-- I know you are not this stupid. The government is not putting any risk on the banks. The banks choose whether or not to take on the risk of a loan of their own accord.

I can't believe you and MFer are actually arguing this. It's very simple. Non-recourse loans are riskier. In order to account for that risk, prudent and smart institutions will require more down payment or a higher rates on those loans. Further, they should take every safeguard to insure that the asset used as collateral is fairly valued and will likely hold that value in the future.

Given all that, non-recourse loans should have the effect of making banks more careful about loaning out money as house prices get into bubble territory. Down payment requirements will increase, rates will go up, etc. which will cause houses to be more expensive.

57   tatupu70   2011 Mar 10, 1:28am  

klarek says

Thank you for driving home the point that his argument is completely fucking stupid. “Let’s add more risk and trust the bankers to make up for it”. About as logical as drinking cyanide to teach your body to repel it”.

No, you are right. Let's coddle banks as much as possible. Why would we trust them? It's only their whole fucking business model. You are seriously arguing that banks shouldn't trusted to know when to loan out their money????? Are you kidding me??

58   Serpentor   2011 Mar 10, 1:28am  

Outlawing condoms "should" make unwanted pregnancies and STDs go down because it "should" make the partners more careful and obstain.

59   tatupu70   2011 Mar 10, 1:30am  

klarek says

Perhaps he’ll next argue that we should permit registered sex offenders from living anywhere BUT next to a school. That way it will increase student and faculty safety awareness. Increase risk to decrease risk, the logic is flabbergasting.

Serpentor says

Removing locks from all cars and houses “should” reduce crime because the owners should be more vigilent in guarding their possesions

Serpentor says

Getting rid of jails and all punishment “should” make crime go down because it will force the police and citizens to be more vigilent.

lol. Great analogies guys. Because those are all the same after all....

I'm really astounded that you guys are arguing this. It's such a basic concept.

60   klarek   2011 Mar 10, 1:30am  

ch_tah says

What is non-recourse used for then?

I said above: "It was about helping people drop lots of debt since (before the bubble) almost all of the people in foreclosure had serious financial problems beyond the mortgage. It was never about making loans less risky."

ch_tah says

It’s main goal is to prevent people from being overly burdened in debt from a loan that goes bad, but that goes hand-in-hand with the people/banks making those loans to make sure they make good loans.

No, it doesn't. It sticks the bank with the loss and there's nothing they could do about it. It didn't encourage less-risky lending, look at the results by-state if you need further proof. Like I said, the foreclosures happened largely because of a financial problem unrelated to the house or loan, like disability, death, job loss, or a business venture gone bad.

61   ch_tah   2011 Mar 10, 1:31am  

Serpentor says

Who gives a crap about what what its meant to do and what wikipedia says. Thats not what happened in real life is it?

That's not what happened in real life because other factors were at play.

62   fatblond   2011 Mar 10, 1:31am  

For the privilege of having a mortgage in a non-recourse state, one pays a slightly higher mortgage rate and pays more fees on average than a recourse state. Banks accept that risk that their is no recourse by accepting more profit. I am not sure that recourse or non factored into Banks national underwriting policy in the lead up to the bubble because the thought process is/was home prices always go up and we can always take back the house if the borrower defaults.

For reference the non-recourse laws were initially enacted in California as a result of the last great housing crash.... the Great Depression.

63   Serpentor   2011 Mar 10, 1:32am  

tatupu70 says

klarek says

Thank you for driving home the point that his argument is completely fucking stupid. “Let’s add more risk and trust the bankers to make up for it”. About as logical as drinking cyanide to teach your body to repel it”.

No, you are right. Let’s coddle banks as much as possible. Why would we trust them? It’s only their whole fucking business model. You are seriously arguing that banks shouldn’t trusted to know when to loan out their money????? Are you kidding me??

Wait, I forgot, how much tax payers money was used to bail the banks out? Was it 800 billion? Oh what? It was more then that?

64   tatupu70   2011 Mar 10, 1:34am  

Serpentor says

Wait, I forgot, how much tax payers money was used to bail the banks out? Was it 800 billion? Oh what? It was more then that?

Hey, I'm on board. Break up the banks and let them fail next time.

That's a completely different issue though.

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