Skip Navigation

how to: strategic default. watch for deficiency

Started by Riversider
almost 15 years ago
Posts: 13573
Member since: Apr 2009
Discussion about
http://www.washingtonpost.com/business/economy/strategic-defaulters-pay-bills-on-time-and-plan-ahead-study-finds/2011/04/21/AFcGQSLE_story.html A growing body of research shows that these so-called “strategic defaulters” defy the tell-tale characteristics of most people whose loans go bad. They pay their bills on time, rarely exceed their credit-card limits and hardly use retail credit cards,... [more]
Response by NYCMatt
almost 15 years ago
Posts: 7523
Member since: May 2009

Funny.

When a company does this, it's called "good business acumen."

When an individual does this, they're made out to be a criminal.

Ignored comment. Unhide
Response by Riversider
almost 15 years ago
Posts: 13573
Member since: Apr 2009

We're not all equal under the law.

Ignored comment. Unhide
Response by NYCMatt
almost 15 years ago
Posts: 7523
Member since: May 2009

The concept is the same.

Ignored comment. Unhide
Response by Sunday
almost 15 years ago
Posts: 1607
Member since: Sep 2009

The differences in risk/law are accounted for in the terms of the loans right? i.e. interest rates, collateral requirements, varies covenants, etc...

Ignored comment. Unhide
Response by inonada
almost 15 years ago
Posts: 8031
Member since: Oct 2008

"When an individual does this, they're made out to be a criminal."

By who? Certainly not the law.

Ignored comment. Unhide
Response by Riversider
almost 15 years ago
Posts: 13573
Member since: Apr 2009

By who
-Media, Society, Banks...

Ignored comment. Unhide
Response by rb345
almost 15 years ago
Posts: 1273
Member since: Jun 2009

1. certain states exempt certain types of mortgages from deficiency judgment claims
2. those states, which include Califonia for PMMs, have the highest and worst foreclosure problems
3. and the highest rates of "stretegic default

4. in New York a lender can only obtain a deficiency on real property if it seeks the deficiency in
court papers filed within four months of its foreclosure sale

5. deficiencies on coop apartments are governed by Uniform Comercial Code sections 9-606 and 9-616

Ignored comment. Unhide
Response by sledgehammer
almost 15 years ago
Posts: 899
Member since: Mar 2009

You're underwater? Best strategic default to me would be to buy a second apt and ONLY THEN to start defaulting on the 1st one.

Ignored comment. Unhide
Response by Sunday
almost 15 years ago
Posts: 1607
Member since: Sep 2009

If you can afford to buy a second apartment, the bank will want to sue you instead of foreclosing on you.

Ignored comment. Unhide
Response by Riversider
almost 15 years ago
Posts: 13573
Member since: Apr 2009

not if you buy it under the spouses name or a relative takes the deed.

Ignored comment. Unhide
Response by Sunday
almost 15 years ago
Posts: 1607
Member since: Sep 2009

The relative will have to be able and willing to take on the new mortgage. How much cash would need to be transferred to that relative? How do you get it back?

How many people do not have their spouse's name on the current deed? For those, what is the reason? The spouse's credit is bad or because of trust issues?

Ignored comment. Unhide
Response by rb345
almost 15 years ago
Posts: 1273
Member since: Jun 2009

State fraudulent conveyance acrs may prevent much of what you are collectively
apeculating about.

Ignored comment. Unhide

Add Your Comment