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]
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, according to a study released Thursday. And they plan ahead. They know their credit scores will take a hit after they fall behind on their mortgages, so they tend to open new credit cards in advance of defaulting, according to Thursday’s study, conducted by FICO, the firm that created the nation’s most widely used credit scoring system. “These are savvy people who organize themselves,” said Andrew Jennings, FICO’s chief analytics officer. “This is a planned activity, not an impulse activity.” A team of researchers estimated that 35 percent of defaults in September may have been strategic, up from 26 percent in March 2009. But they acknowledge in a report published last month that the numbers are tough to tease out because “strategic defaulters have all the incentive to disguise themselves as people who cannot afford to pay,” according to the report by researchers from the European University Institute, Northwestern University and the University of Chicago. That’s because lenders have become more aggressive about trying to recoup money lost on foreclosures, and they’re chasing after borrowers who they suspect have skipped out on a loan they could have paid. In many localities — including Virginia, Maryland and the District — lenders have the right to pursue those borrowers and collect the difference between what the property sold for in foreclosure and what the borrower owed on it, also called a deficiency. [less]
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.
We're not all equal under the law.
The concept is the same.
The differences in risk/law are accounted for in the terms of the loans right? i.e. interest rates, collateral requirements, varies covenants, etc...
"When an individual does this, they're made out to be a criminal."
By who? Certainly not the law.
By who
-Media, Society, Banks...
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
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.
If you can afford to buy a second apartment, the bank will want to sue you instead of foreclosing on you.
not if you buy it under the spouses name or a relative takes the deed.
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?
State fraudulent conveyance acrs may prevent much of what you are collectively
apeculating about.