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March 05, 2008

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"...lenders have, for the most part, rejected pleas to help negotiate loans or forestall foreclosure with a payment agreement."
Isn't it in a bank's best interest to agree to get a partial payment now, rather than get nothing now and when the foreclosed house finally sells, get very little? If one of the other commenters here can explain why it makes sense for banks to refuse to negotiate, I'd be very interested to hear about it.

Jes, I agree with you. I hear story after story of lenders who seem to behave completely irrationally. Not negotiating with homeowners. Letting houses sit vacant and become decrepit rather than seeking a quick sale... it makes no sense. It's like lenders don't seem to understand that money now is always better than money later,

"One couple said the same broker who had written their loan in 2005 promising he would help them refinance it to a 30-year fixed rate when the teaser rate of two percent expired refused to take their calls."

Oral contracts are as binding as written contracts. Of course the broker only said "help." I don't know if the legal concept of "detrimental reliance" would cover this kind of situation, but it might.

Jes: I haven't found that banks "for the most part" have been refusing to negotiate with homeowners for repayment plans or modifications. They haven't been any more willing than in the past, but they aren't flatly denying homeowners in foreclosure from applying for help. If the owners can explain their hardship, show how they recovered from it, show relatively stable income, and come up with some of the amount that they are behind, then mortgage companies have been willing to offer a short-term solution to get the mortgage back on track.

Of course, for those homeowners that are facing a serious reduction in income, or illness or disability, and can not afford even a slightly lower payment, the banks are not offering solutions. But these are the people who would have faced foreclosure even without the subprime mess. They may be in a worse situation now that they can't sell for what they owe, but there will always be people whose financial situation has changed so that they can't afford the house anymore.

But otherwise, it is in the best interest of the banks to work with their homeowners. The banks don't want to end up holding a lot of devalued properties that they can not rent out or sell. If the homeowners can afford a payment plan or modification and they have the patience to wait on hold for hours with the bank, then they can usually find some solution. Lenders don't make it easy, of course, but they aren't rejecting every request for help.

Adamanant and Nick, thanks for your comments. My guess on why the Modesto and Merced people aren't finding much comfort is that banks up there may be afraid to start seeming lenient, lest everyone with an adjustable start yelling for help. It would be difficult to sort out those who really can't pay their higher adjusted rates from those who would simply rather not. Here in California house prices are falling like meteors and sales are extremely slow. So I guess the banks are between a rock and a hard place--afraid to open the floodgates on relief on one hand, but in danger of owning huge numbers of empty houses on the other. And I think they're still starry-eyed about all this and don't believe it will get a lot worse before it gets better.

All these people are incredibly stupid. How does anyone think a broker is going to help them get into a fixed rate mortgage they couldn't afford to begin with? By verifying that their income has gone up 200%. Oh, it hasn't? End of help. People, these are the dregs of our society. No money, no hope, building up families without being sure you can afford it first. And calling this homelessness is pathetic. It's houseless, but not homeless. These people may get thrown out of their houses, but then they get to move into what is known as an "apartment". Like the rest of us. Geez. Morons.

Not sure anyone will look this far back in the comments (I'm posting about a week after this article came out), but I believe I've answered my question (see above) about banks and the answer is so obvious that I'm annoyed I didn't get it earlier:
"Banks are so capital impaired they cannot lend. They refuse to write down assets to reasonable levels because to do so would bankrupt them."
This is from http://globaleconomicanalysis.blogspot.com/2008/03/great-pretender.html

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