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 Post subject: Re: Re:
PostPosted: Thu Dec 17, 2009 1:11 pm 
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Diamondeye wrote:
Xequecal wrote:
DFK! wrote:

False.

That is why agents, proxies, and experts exist.


Yes, and businesses will do everything possible to prevent you from consulting with them. Have you ever gone shopping for anything at a place that caters to the lower-classes? Go to a poor area and try to buy a used car. Ask them if you can have a mechanic friend come look at the car before you buy it, or even bring along one of those OBD devices and ask if you can plug it in and run a diagnostic. Chances are, they will outright refuse. They simply do not want smart customers. Much more profitable to sell a lemon worth $1,000 to some guy for $5,000, which is of course financed with a $1,500 down payment into a 29.99% interest loan.


Then don't buy the damn car.

Come on, you're trying to argue based on peer pressure and cultural pressure, and the fact that buisnesses don't want educated customers? The buisness cannot actually stop you from doing research and becoming educated. Do it anyhow. Don't succumb to peer pressure.

It's called being an adult.


You know, I had a rebuttal I was working out for Xeq, but this is more succinct. I'll just go with a "this" and let it be.


^This.

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PostPosted: Thu Dec 17, 2009 1:49 pm 
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Arathain Kelvar wrote:
Seriously, though, the way home purchasing is set up is really, really, bad. You don't even see the full contract until closing. By then you are so heavily invested in the property, that there is serious pressure to just go through with it. Not only that, but there's a bunch of people around, waiting for you to read every damn word, as all your questions, call your bank 18 times, etc. They keep just trying to "sum up" what's on the page, and get you to sign so they can get out of there.

I get that, I do. I felt the pressure, and I am not even close to the "average person" when it comes to this kind of thing. I held everyone there for nearly 4 hours while I worked out the issues I had with the contract. Most people don't have that level of perseverence.

Yes, yes, I know, it's their fault for not being stubborn enough to stick it out. But, it's kind of like setting someone on the edge of a cliff and blaming them when they fall. Yeah, they didn't have to fall, it's their fault, but I'd really like to find a way to not have to put all these folks on the edge of that cliff.
I actually enjoyed that - if I'm going to pay a cent for closing costs, I'm going to get my money's worth. The agents and title people can sit around and talk shop while I read every last word, and talk about it with my wife, and that's exactly what they did. We spent easily half a day going through it all, but we knew exactly what we had signed.


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PostPosted: Thu Dec 17, 2009 2:16 pm 
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Arathain Kelvar wrote:
Seriously, though, the way home purchasing is set up is really, really, bad. You don't even see the full contract until closing. By then you are so heavily invested in the property, that there is serious pressure to just go through with it. Not only that, but there's a bunch of people around, waiting for you to read every damn word, as all your questions, call your bank 18 times, etc. They keep just trying to "sum up" what's on the page, and get you to sign so they can get out of there.

I get that, I do. I felt the pressure, and I am not even close to the "average person" when it comes to this kind of thing. I held everyone there for nearly 4 hours while I worked out the issues I had with the contract. Most people don't have that level of perseverence.

Yes, yes, I know, it's their fault for not being stubborn enough to stick it out. But, it's kind of like setting someone on the edge of a cliff and blaming them when they fall. Yeah, they didn't have to fall, it's their fault, but I'd really like to find a way to not have to put all these folks on the edge of that cliff.

Then perhaps there's a market for loans with simpler, more concise terms. They may be a little more legally loose, but it sounds like it's quite possible that there's some balance in which the slightly reduced "iron-clad"ness of the contract is countered and offset by the reputation and increased consumer interest in a more hassle-free lending experience.

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 Post subject: Re: Re:
PostPosted: Thu Dec 17, 2009 2:37 pm 
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Xequecal wrote:
Yes, and businesses will do everything possible to prevent you from consulting with them. Have you ever gone shopping for anything at a place that caters to the lower-classes? Go to a poor area and try to buy a used car. Ask them if you can have a mechanic friend come look at the car before you buy it, or even bring along one of those OBD devices and ask if you can plug it in and run a diagnostic. Chances are, they will outright refuse. They simply do not want smart customers. Much more profitable to sell a lemon worth $1,000 to some guy for $5,000, which is of course financed with a $1,500 down payment into a 29.99% interest loan.


You've got to be kidding me. This is the most pathetic and weak argument I've read in a while.

Why did private primary lending agencies get into subprime? Because of the securitization industry which existed only because of a secondary market completed funded by Fannie and Freddie.

Monte wrote:
Perhaps these institutions and corporations shouldn't have **** us all in the ear? We might not be here had they not pulled the shenanigans they pulled.


You have to give them your ear first to be ****. Your fault for giving them your ear.

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PostPosted: Thu Dec 17, 2009 3:24 pm 
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This thread is the perfect example of Liberalism vs Conservatism.

Liberalism: People are far too stupid and weak, easily pressured and dominated. So I must protect them! Even from themselves, I can keep them safe because I know better.

Conservatism: Serves them right if they invested poorly. They should do more research or accept their losses. Hope this toughens them up and they learn!

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PostPosted: Thu Dec 17, 2009 3:38 pm 
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Uncle Fester wrote:
This thread is the perfect example of Liberalism vs Conservatism.

Liberalism: People are far too stupid and weak, easily pressured and dominated. So I must protect them! Even from themselves, I can keep them safe because I know better.

Conservatism: Serves them right if they invested poorly. They should do more research or accept their losses. And if they can't pay for the debts they undertook, they should be dumped in a work camp doing hard labor until they've paid the debt off. Hope this toughens them up and they learn!


I fixed it for you.


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PostPosted: Thu Dec 17, 2009 3:41 pm 
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Rafael wrote:
Why did private primary lending agencies get into subprime? Because of the securitization industry which existed only because of a secondary market completed funded by Fannie and Freddie.


Then why did everything else collapse? Fannie and Freddie got bailed out. They are still paying their debts. The merits of government bailouts aside, if Fannie and Freddie's securitization agreements really were the glue holding everything together, there would have been no collapse, as Fannie and Freddie are still paying their obligations.


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PostPosted: Thu Dec 17, 2009 3:42 pm 
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Xequecal wrote:
Uncle Fester wrote:
This thread is the perfect example of Liberalism vs Conservatism.

Liberalism: People are far too stupid and weak, easily pressured and dominated. So I must protect them! Even from themselves, I can keep them safe because I know better. So I will create massive system that breed corruption and deny choice to those who aren't stupid and weak so now everyone is not pressured but dominated by the collusion of business and government. This is the only way to ensure that everyone is equal by having everyone be equally screwed.

Conservatism: Serves them right if they invested poorly. They should do more research or accept their losses. And if they can't pay for the debts they undertook they should suffer the consequences that they agreed to. This is the only way for some people to learn so that they do not make the same mistakes in the future.


I fixed it for you.



I fixed your fix for you.

Meta

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PostPosted: Thu Dec 17, 2009 3:43 pm 
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Uncle Fester wrote:
This thread is the perfect example of Liberalism vs Conservatism.

Liberalism: People should expect to be treated fairly and ethically, but unfortunately there are those who aren't fair and ethical, so we need to protect consumers from those people.

Conservatism: Serves them right if they're not experts on everything and paranoid. I can make way more money without regulations keeping me honest.


Fixed it for ya.


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 Post subject: Re: Re:
PostPosted: Thu Dec 17, 2009 3:45 pm 
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Xequecal wrote:
Rafael wrote:
Why did private primary lending agencies get into subprime? Because of the securitization industry which existed only because of a secondary market completed funded by Fannie and Freddie.


Then why did everything else collapse? Fannie and Freddie got bailed out. They are still paying their debts. The merits of government bailouts aside, if Fannie and Freddie's securitization agreements really were the glue holding everything together, there would have been no collapse, as Fannie and Freddie are still paying their obligations.


Everything collapse because even the most dense people saw right in front of their face that the system is not sustainable.

So Fannie and Freddie getting taxpayer funds and political protection (remember 2 months before Fannie how the banking queen was defending their books, and for 6 years before that refused to have their methods audited? I do) to the point of collapse so MORE taxpayer money has to be sunk into them to pay off the things that wouldn't have happened if taxpayer money was never lent out in the first place?

Seriously this is your defense? Dude. Srsly, dude.

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PostPosted: Thu Dec 17, 2009 3:48 pm 
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Aizle wrote:
Uncle Fester wrote:
This thread is the perfect example of Liberalism vs Conservatism.

Liberalism: People should expect to be treated fairly and ethically, but unfortunately we exist to use force to mandate business intervention in government and vice-versa thus creating incentives which harm the people. Then when the obvious idiocy we build into the system is revealed we whine to our mama government to screw the process up even more and then go back to our ignorant slumber content that we just saved the world by screwing people in the *** with a barbed-wire lampshade that is on fire.

Conservatism: Serves them right if they're not going to know what they sign and create a legal obligation. Hopefully once they experience the disincentive for being so lax they stop being so lax and maybe others will see them as an example to not do as they will.


Fixed it for ya.


Fixed it for ya.

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PostPosted: Thu Dec 17, 2009 3:53 pm 
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Xequecal wrote:
Rafael wrote:
Why did private primary lending agencies get into subprime? Because of the securitization industry which existed only because of a secondary market completed funded by Fannie and Freddie.


Then why did everything else collapse? Fannie and Freddie got bailed out. They are still paying their debts. The merits of government bailouts aside, if Fannie and Freddie's securitization agreements really were the glue holding everything together, there would have been no collapse, as Fannie and Freddie are still paying their obligations.


Because bailout or not, the equity bubble (real estate prices) burst and all those leveraged trades ended up unwinding, leaving primary market oriented entities hollowed out. Fannie and Freddie didn't have obligations to pay. No idea where that came from. They owned the obligations. Secondly, the banks did hold many subprimes as "bedrock" assets that defaulted when the price bubble burst with the intention of unloading them. Of cuorse they held some of these instruments at the time these trades were unwinding, it's foolish to think otherwise. But they wouldn't have been a primary lending entity (or sold loans intended for subprime debt brokered through larger lenders) without the secondary market.

That's like blaming a stab victim for occupying the same space that a knife "happened" to be at a certain time.

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Last edited by Rafael on Thu Dec 17, 2009 3:54 pm, edited 1 time in total.

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PostPosted: Thu Dec 17, 2009 3:53 pm 
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/facepalm

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PostPosted: Thu Dec 17, 2009 4:00 pm 
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Heh, Elmo makes me laugh.


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PostPosted: Thu Dec 17, 2009 4:03 pm 
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Aizle wrote:
Heh, Elmo makes me laugh.


I am sure in your bizzarro world what actually happens in our real world looks comedic. I assure you its exactly the same when you try to explain your bizzarro world to us.

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PostPosted: Thu Dec 17, 2009 4:07 pm 
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Hate to tell you Elmo, but I'm not the one with a reality crisis.


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PostPosted: Thu Dec 17, 2009 4:08 pm 
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Oh I know but you can always hang out with Monte. Xeq seems to be taking his recovery meds so it might get a little lonely.

*pat pat*

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PostPosted: Thu Dec 17, 2009 4:15 pm 
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Rafael wrote:
Because bailout or not, the equity bubble (real estate prices) burst and all those leveraged trades ended up unwinding, leaving primary market oriented entities hollowed out. Fannie and Freddie didn't have obligations to pay. No idea where that came from. They owned the obligations. Secondly, the banks did hold many subprimes as "bedrock" assets that defaulted when the price bubble burst with the intention of unloading them. Of cuorse they held some of these instruments at the time these trades were unwinding, it's foolish to think otherwise. But they wouldn't have been a primary lending entity (or sold loans intended for subprime debt brokered through larger lenders) without the secondary market.

That's like blaming a stab victim for occupying the same space that a knife "happened" to be at a certain time.


Fannie and Freddie bought mortgages from banks. Sometimes they paid cash, sometimes they provided the bank with a guaranteed security in exchange for the loan and an additional fee. When the bubble burst, that debt became worthless as the homeowners defaulted. However, the banks that sold them these loans didn't get hit. They'd either already been paid, or the government bailout of F&F ensured that they'd keep receiving payments on their securities as scheduled. Of course Fannie and Freddie's existence is not good for the market, as it's essentially printing money to give to low-income people so they can buy homes, but they didn't kill any private industries.

The investment banks collapsed because they did something much worse. They borrowed money to buy loans from smaller banks, packaged them into securities and tried to get investors to buy them. When investors became apprehensive over the quality of these securities, they went to other banks and insured the securities so they'd get high ratings. When the bubble burst, the securities held by the banks became worthless, and they were unable to pay their loans. The other banks who insured already-sold securities also died as they suddenly had to pay out billions in claims.

The government didn't cause any of that, however. No one forced the investment banks to enter that market. Noone forced them to buy up subprime loans to repackage. Noone forced investors to buy the securities from them, noone forced private companies to insure high-risk securities, and noone forced the ratings agencies to rate these securities highly. None of that was the government's fault. I mean, F&F are inefficient organizations that don't help, but they didn't kill any private industry just by existing. You could also argue that by buying bad loans from banks, F&F was enabling them to make even more bad loans, but again, nobody forced the banks to make the bad loans in the first place.


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PostPosted: Thu Dec 17, 2009 4:30 pm 
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By your own logic Xeq since the banks are run by people the people couldn't help resist the ability to make instant money with very little risk to themselves that the taxpayer backed protection scheme of fannie and freddie offered. Not to mention they were being compelled by law to make loans that they wouldn't have.

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PostPosted: Thu Dec 17, 2009 4:31 pm 
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Xequecal wrote:
First of all, they're not idiots.
Yes, actually, these people are idiots. You do not enter into contracts you do not understand. You do not buy products you cannot afford. Credit is not income. Risk is a necessary component of the system. You will lose money. All of these things are incontrovertible truths that the current system, by which I mean government and public education, have taught people are false.
Xequecal wrote:
There is significant peer and cultural pressure to not read contracts in the first place. Everyone assumes that there are government regulations that will protect you from anything truly abusive, and that the representative of the bank or company is bound by ethics standards that prevent him from **** you. If you go to, say, rent a car, and you decide you're actually going to read the entire agreement before signing it, virtually everyone in the building is going to be pissed at you. The other customers for you holding them up, and the employees for not moving along quickly like everyone else.
I honestly do not care who's put out by me doing my due diligence to protect myself. If knowing what's going on is such a burden to everyone else, that's their problem for being stupid, foolish, and generally irresponsible.
Xequecal wrote:
Second, it is simply not fair to require people to accept this level of responsibility. Aside from the fact that our crappy education system does not prepare them in any way for this challenge, they are at a significant disadvantage at all parts of the transaction.
Not fair? It's not fair to expect someone to accept the consequences of their own actions? What are you smoking? Better yet, what entitles you to some standard of fairness that dictates you cannot and SHOULD not be held responsible for your own choices? I'm sorry, but this is just asinine, no matter what your "liberal" ideology tells you.
Xequecal wrote:
A mortgage contract is totally incomprehensible to the average person. It pretty much has to be, as they have to cover every eventuality.
Then hire a lawyer like anyone else with a remote sense of responsibility to negotiate and vet the terms for you.
Xequecal wrote:
The next problem is it's being "sold" to you by an on-commission sales rep who will use every high-pressure tactic in the book to get you to sign, which under "personal responsibility" could leave you in poverty or even prison for a lifetime. You want to have your lawyer read it and offer advice before signing? Oh, so you're calling me a liar and a fraud? I thought we knew each other better than that, you know you weren't actually going to be approved, but I pushed for it since you're a special friend of mine, I don't know how long I can keep my boss on board so you better sign it now. Of course when you realize how badly you got **** the guy will deny everything he said and the court will hold you to the letter of the document that you signed without understanding, assuming the rep was being honest. And even if you do catch this rep in actual fraud, he gets what? A few months probation and a suspended license? Not really fair compared to the lifetime poverty or long term prison sentence you're facing when you sign something you can't pay for.
And, yet, the regulations being proposed protect against none of this; they just let you take the bad outcome to the underwriter or reporting agency the sales rep has no clue exists. Even then, it's still YOUR FAULT for choosing to do business with someone. It is YOUR CHOICE to enter into a contract you don't understand. I'm not footing the bill for your IDIOCY. It's really that simple, Xequecal. People who fail to do due diligence get **** precisely because they behaved irresponsibly. And the best part is that they continue to get **** in the future for repeating the same mistake because this system will protect and enrich them for being irresponsible and stupid.

Fairness has nothing to do with people trying to live outside their means. Fairness does not entitle you to a house you cannot in good faith afford. Fairness does not entitle you to anything anyone else has. And fairness does not entitle you to a good outcome for taking a risk or entering into a contract in bad faith.
Xequecal wrote:
Personal responsibility just doesn't **** work. There's a reason Bank of America is the biggest bank. Selling to people knowledgeable about what you're selling is a niche market. You'll never get big by selling a quality product for a fair price. It's much more profitable to overhype cheap crap and sell it for overinflated prices to people who don't know better. How else do you explain AOL, Budweiser, Best Buy, or McDonalds? Noone who is knowledgeable about the Internet, beer, computers, or food actually patronizes any of these places.
Ahh, yes, your agenda is showing. You don't like freedom of choice. You cannot abide the thought that someone should be responsible for the negative outcomes of their choices. It has nothing to do with fair; it has everything to do with you being unprepared for the long term consequences of choices you make.

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I'd just like to take this opportunity to restate my extreme distaste (and anger, when it's perpetrated against me) at putting text in quotes attributed to others, without a clear indication of what you have changed or added. Merely indicating that you've done so may cover your ***, but it's still damn confusing, begging for somebody to inadvertently misattribute some gross mischaracterization of what the original person actually believes or says, and is a pain in the *** to read through to spot what you're actually trying to say by snidely "fixing" somebody else's post with no editing marks.

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PostPosted: Thu Dec 17, 2009 4:40 pm 
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Khross wrote:
Not fair? It's not fair to expect someone to accept the consequences of their own actions? What are you smoking? Better yet, what entitles you to some standard of fairness that dictates you cannot and SHOULD not be held responsible for your own choices? I'm sorry, but this is just asinine, no matter what your "liberal" ideology tells you.


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Ahh, yes, your agenda is showing. You don't like freedom of choice. You cannot abide the thought that someone should be responsible for the negative outcomes of their choices. It has nothing to do with fair; it has everything to do with you being unprepared for the long term consequences of choices you make.


It has nothing to do with not accepting consequences or an agenda. It has more to do with the fact that you can't get blood from a stone. When a person defaults on a mortgage and the home is worth nowhere near the mortgage balance, they can't pay the bank off. They have no money, it's impossible for them to "fulfill their obligations" or "accept the consequences." The bank will always be left holding the bag, and we will continue to get problems like this recession. The only way to solve this from a conservative angle is to literally reinstitute debtor's prisons and impose years of slavery on all those mortgagees to force them to repay the bank with their labor. In the case of a particularly high interest rate, they could be slaves for life.

Or, you know, we can add regulations that prevent the banks from making those loans that caused these people to default to begin with.


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PostPosted: Thu Dec 17, 2009 4:48 pm 
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Aizle wrote:
Liberalism: People should expect to be treated fairly and ethically, but unfortunately there are those who aren't fair and ethical, so we need to protect consumers from those people.
There are already mechanisms in place to protect people from fraud and criminal activity. However, the change in standards from Knowingly and Recklessly to Gross Negligence means that people are protected against bad outcomes, not criminal activity.
Aizle wrote:
Conservatism: Serves them right if they're not experts on everything and paranoid. I can make way more money without regulations keeping me honest.
If only that were the case, you might have a point. Unfortunately, your self-delusional opinion of conservatism and individual responsibility undermines your efforts. The current standard of Knowingly and Recklessly elevates financial and contract fraud to the criminal level. You must demonstrate, beyond a reasonable doubt, that the offending party actually intended and attempted to cause you financial and obligatory harm through their actions. The suggested standard of Gross Negligence would mean that if you can prove a reasonable individual possessing all the facts would not have made the same choice you did, then you are not at fault for your decision; rather, the "offending party" is responsible for your bad outcome. Indeed, Medical Malpractice was separated into categories based on those standards. Criminal Malpractice still requires Recklessly and Knowingly; Civil only requires the bad outcome position of Gross Negligence.

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PostPosted: Thu Dec 17, 2009 4:55 pm 
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Xequecal wrote:
It has nothing to do with not accepting consequences or an agenda. It has more to do with the fact that you can't get blood from a stone. When a person defaults on a mortgage and the home is worth nowhere near the mortgage balance, they can't pay the bank off.
The mortgage balance at any given point in time will be less than the insured value of the house as contained by the mortgage (minus any nominal fees). You are confused if you think the full term payment value of the mortgage is secured by the property. The full term payment value is an investment risk the bank takes, knowing that in 90% of good faith mortgages the loan will be repaid before going its full term.
Xequecal wrote:
They have no money, it's impossible for them to "fulfill their obligations" or "accept the consequences."
Debtor's Prisons are not necessarily bad; that said, they're an appeal to emotion. The immediate consequences of being fired, incapable of finding a job, and homeless will suffice for "accepting the consequences" of their decision.
Xequecal wrote:
The bank will always be left holding the bag, and we will continue to get problems like this recession.
The bank has the property which retains real and permanent value. The irony here is that banks, like Bank of America, used subsidiaries and underwriters to create a Colortyme model of home lending. They want to foreclose on the property after 10% of the contract term. If they can secure loans against a house 10 times over 30 years, they make more money off that property than they lose in real estate and community depreciation. Funny how the results of government pressure to ease credit result in a perfectly legal and predatory market system.
Xequecal wrote:
Or, you know, we can add regulations that prevent the banks from making those loans that caused these people to default to begin with.
You mean the loans they were pressured to make through Second Party Government Entities? The markets that were created by the government in the first place for easy credit? That's a rather amusing suggestion, by the way, since it was firmly and resolutely denied in all versions of this bill by the Democratic Party of the United States of America.

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PostPosted: Thu Dec 17, 2009 4:58 pm 
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The way I see it, is that the laws are attempting to deal with the reality of unethical behavior, which is different than criminal behavior.

I agree, that straight out criminal behavior is more or less dealt with already in the laws.

However, there is a lot of unethical behavior going on out there, which is what these changes appear to be trying to address. I expect that what we'll see is some reduction in predatory lending, and upstanding companies going through more detail in educating their customers on the pros/cons of any product offering they present.


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