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- Newsgroups: misc.consumers
- Path: sparky!uunet!noc.near.net!chpc.chpc.org!rboudrie
- From: rboudrie@chpc.org (Rob Boudrie)
- Subject: Re: What does collectible mean?
- Message-ID: <1992Jul27.132449.12697@chpc.org>
- Keywords: collectivle repossess confication sex
- Organization: Center For High Perf. Computing of WPI; Marlboro Ma
- References: <1992Jul27.052606.622@ncsa.uiuc.edu> <1992Jul27.075205.22483@pasteur.Berkeley.EDU>
- Distribution: usa
- Date: Mon, 27 Jul 1992 13:24:49 GMT
- Lines: 47
-
- In article <1992Jul27.075205.22483@pasteur.Berkeley.EDU> tjoa@cory.Berkeley.EDU (Richard Tjoa) writes:
- >In article <1992Jul27.052606.622@ncsa.uiuc.edu> acheng@ncsa.uiuc.edu (Albert Cheng) writes:
- >>If a borrower can not or does not make the monthly payment, the bank
- >>can come repocesses the "collectible". For a car loan, that is the
- >>car. For a home-loan, it is the property. Can they "confiscate" the
- >>furniture and other contents (e.g., that mink coat)?
- >
- >I don't think so. Or if they do, they get it out. As I see it, you take
- >a mortgage out on your house, not the contents.
-
- The mortgage is security for the loan, but does not limit the obligation
- to pay to the value of said security.
-
- ...
-
- >paying the balance off at the present time.) Anyway, this is the reason
- >that we have the S&L crisis. People found that their mortgages costed more
- >than their houses, so they didn't feel that paying their mortgage would
- >be benificial, so they let the bank repossess it.
- >
-
- WRONG** If the forclosure sale of a home does not net the bank
- sufficient "after expense" funds to pay off the balance, they can and
- often do come after the former homeowner for a "deficiency judgement".
- Once this judgement is obtained, they can start collection proceedings -
- the specifics depend on the state, but may include seizure of bank
- accounts (even if in other banks); garnisheement of wages; forced sale
- of unencumbered property; etc. In a typical forclosure the homeowner
- can just declare bankruptcy, however, persons with substantial "non-
- home" assets cannot simply walk away...
-
- If this were not the case, we would have a commercial real estate shortage
- in Massachusetts because all the banks which lent money on condos would
- need numerous additional branch offices to deal with the people "surrendering"
- their property. (well, not quite, but you get the idea).
-
- Although people are not willing to go "as far" to avoid forclosure,
- it's no where near as simple as "give the bank the property and keep
- any other money you have laying around". If that were the case, the S&L
- crisis would be even worse.
-
-
- ** - Though an attorney/professor I once took a course from told me that
- the bank's recourse is limited to the property in California if the
- loan was a mortgage on a principal residence.
-
-
-