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Old 08-15-2011, 09:47 AM
 
Location: Dallas
31,290 posts, read 20,740,494 times
Reputation: 9325

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Many on this board think you have no obligation to repay your debts. If your home purchase turns out to be a bad investment, just walk away from it. Your only obligation is to your family and they might need college savings funds more than the bank needs the loan repaid.

And after all, banks know that a certain percent of their loans will turn out to be bad. So when you walk away from your home loan, you are just taking advantage of a provision the banks have made for loan defaults.

Also, since "rich people" do this, you should too.

And finally, many justify walking away from a loan by blaming the loan officer who gave them the loan. He should have known better.

So, why not rob a bank? All of the above rationale applies equally to a bank robbery.

Defaulting on a loan that you could pay is morally the same as theft.

Your children's college education is more important than that rich bank hoarding money.

Banks know that they will have theft from time to time.

And finally, if banks didn't want you to rob them, they wouldn't have all that money lying around.
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Old 08-15-2011, 09:49 AM
 
Location: Raleigh, NC
20,054 posts, read 18,282,893 times
Reputation: 3826
A mortgage has collateral, the house. If you owe way too much on the house, it's just better to walk away and allow someone who can purchase it for 70-90% cheaper buy it for cash and make renovations, improving the neighborhood. To keep an overextended "homeowner" in the house not having money or motivation to make repairs and upgrades is self-defeating.

The analogy is epic fail. People just take strategic default personally because they don't have the balls to try it themselves or don't stand to gain enough from FICO exile.
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Old 08-15-2011, 09:53 AM
 
954 posts, read 1,280,965 times
Reputation: 384
Walking away from a real estate mortgage is something banks also do, so I don't see how banks could have an argument against individuals doing it as well.
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Old 08-15-2011, 09:55 AM
 
Location: California
11,466 posts, read 19,351,670 times
Reputation: 12713
Default Are you a sucker if you don't rob a bank ?

Great now I'm thinking about robbing a bank
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Old 08-15-2011, 09:56 AM
 
Location: Dallas
31,290 posts, read 20,740,494 times
Reputation: 9325
Quote:
Originally Posted by summers73 View Post

The analogy is epic fail. People just take strategic default personally because they don't have the balls to try it themselves or don't stand to gain enough from FICO exile.

People just take robbing banks personally because they don't have the balls to try it themselves ...
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Old 08-15-2011, 10:03 AM
 
Location: Raleigh, NC
20,054 posts, read 18,282,893 times
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Quote:
Originally Posted by Roadking2003 View Post
People just take robbing banks personally because they don't have the balls to try it themselves ...
Robbing a bank is a crime, strategic default is not because it is consistent with contract law. The bank took the risk of loaning money in exchange for collateral if the debtor defaulted. The bank lost.

I cannot see how taking the money under the threat of physical harm has anything to do with this. No one held a gun to this lender's head to make them throw good money out the window.
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Old 08-15-2011, 10:06 AM
 
995 posts, read 1,115,743 times
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Quote:
Originally Posted by Roaddog View Post
Great now I'm thinking about robbing a bank
I'd be fed and clothed in prison...free health care, too.
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Old 08-15-2011, 10:21 AM
 
4,399 posts, read 10,671,195 times
Reputation: 2383
Quote:
Originally Posted by summers73 View Post
Robbing a bank is a crime, strategic default is not because it is consistent with contract law. The bank took the risk of loaning money in exchange for collateral if the debtor defaulted. The bank lost.

I cannot see how taking the money under the threat of physical harm has anything to do with this. No one held a gun to this lender's head to make them throw good money out the window.
I'm surprised you can say this with a straight face. The bank doesn't take the risk of loaning money in exchange for collateral if the debtor defaults. They take the risk of loaning money in exchange for being repaid teh loan plust interest.
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Old 08-15-2011, 10:23 AM
 
6,484 posts, read 6,617,004 times
Reputation: 1275
Quote:
Originally Posted by summers73 View Post
A mortgage has collateral, the house. If you owe way too much on the house, it's just better to walk away and allow someone who can purchase it for 70-90% cheaper buy it for cash and make renovations, improving the neighborhood. To keep an overextended "homeowner" in the house not having money or motivation to make repairs and upgrades is self-defeating.

The analogy is epic fail. People just take strategic default personally because they don't have the balls to try it themselves or don't stand to gain enough from FICO exile.
If I sign papers saying I'll repay something I should have the integrity to do it. The fact that people think as you do is a sad commentary on the state of the country.
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Old 08-15-2011, 10:24 AM
 
Location: Raleigh, NC
20,054 posts, read 18,282,893 times
Reputation: 3826
Quote:
Originally Posted by jdm2008 View Post
I'm surprised you can say this with a straight face. The bank doesn't take the risk of loaning money in exchange for collateral if the debtor defaults. They take the risk of loaning money in exchange for being repaid teh loan plust interest.
I think that would depend on the contract. There is no such contract that standardizes what you're saying, and all three loan documents (2 purchase/1 refi) for me stipulated that the house is collateral, not the mortgage amount. Besides, no recourse states do not recognize a contract that calls for a mortgage to be repaid, but rather that the collateral (house) is surrendered. Check with state laws before just "walking away".
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