Mortgage Driven Bankruptcy Filings Against the Backdrop of an Amended Bankruptcy Code

Bankruptcy used to be the stigma laden option for consumers who were simply too deep in debt to find a way out. In the past Chapter 7 filings could lighten the debt load for filers by simply doing away with credit card bills and other unsecured loans. In some cases, homeowners could even keep their homes and cars, depending on their ability to repay the loans and of course also the amount of equity contained within the asset.

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When changes to the bankruptcy code were submitted – making it much more favorable for unsecured creditors like credit companies – and kept consumers repaying outstanding balances as part of their filing requirements, the fast paced return to a life without fiscal woes was greatly curtailed. As the housing boom bottomed out, and a waning economy sent more and more homeowners into bankruptcy, the amounts of seized parcels of real property skyrocketed and empty homes litter residential streets, driving down home prices.

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Since there is hardly a waiting number of consumers for these foreclosed properties, a number of state attorneys general have now come out in favor of a further amendment to the bankruptcy code that would put the bankruptcy court in the position to order banks to proceed with mortgage loan modifications. Proponents believe that this step will protect large numbers of bankrupt homeowners from actually having their homes seized and added to staggeringly high inventory of already foreclosed homes.

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Bankers and mortgage investors are not too keen on the idea, since it essentially places the risk of bad mortgages back on them, leaving them to figure out how to make a home affordable for a debtor who is essentially out of disposable income. Banks argue that such a move would greatly increase the cost of mortgages for all consumers, since banks would have to protect themselves against the potential for high impact costs this kind of program might have for them.

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The current political climate in Washington, however, does not have a lot of sympathy for creditors and for banks that are crying foul and as such the Obama Administration is favored to see this measure through. What is more, since proponents crunched the numbers, they came to the realization that the actual increase would only be about 0.15 points to current mortgage rates, keeping them still rather competitively priced for those considering the purchase of a home or the refinance of an existing home.

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With so much opposition, it is not surprising that banks might find themselves in the unenviable position of having to change their business practices. While thus far they have been extremely slow to let go of the bailout money they previously received for the funding of consumer loans, they might before long find themselves to be court ordered to do so. It is anyone’s guess what the long tern effect of this kind of financial climate will be. As it stands, beleaguered homeowners appreciate the opportunity to remain in their homes, even as their finances are in shambles.

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