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June 26, 2008 at 4:15 PM #229218June 26, 2008 at 10:25 PM #229201jonnycsdParticipant
My understanding is that (in California) if you borrow money to purchase a home then default the lender can only take back the property.
However, if you borrow money for other things (furniture, paying off other debt, spending sprees, etc.) then, even if the home is the collateral, the lender can get a judgement against you in civil court and place liens on your other property, garnish wages, and attach (drain) your bank and savings accounts.
Also, the updated bankruptcy laws (as of 2005) make it much harder to discharge such debts.
You might want to speak with an attorney before maxing out your HELOC.
June 26, 2008 at 10:25 PM #229320jonnycsdParticipantMy understanding is that (in California) if you borrow money to purchase a home then default the lender can only take back the property.
However, if you borrow money for other things (furniture, paying off other debt, spending sprees, etc.) then, even if the home is the collateral, the lender can get a judgement against you in civil court and place liens on your other property, garnish wages, and attach (drain) your bank and savings accounts.
Also, the updated bankruptcy laws (as of 2005) make it much harder to discharge such debts.
You might want to speak with an attorney before maxing out your HELOC.
June 26, 2008 at 10:25 PM #229329jonnycsdParticipantMy understanding is that (in California) if you borrow money to purchase a home then default the lender can only take back the property.
However, if you borrow money for other things (furniture, paying off other debt, spending sprees, etc.) then, even if the home is the collateral, the lender can get a judgement against you in civil court and place liens on your other property, garnish wages, and attach (drain) your bank and savings accounts.
Also, the updated bankruptcy laws (as of 2005) make it much harder to discharge such debts.
You might want to speak with an attorney before maxing out your HELOC.
June 26, 2008 at 10:25 PM #229363jonnycsdParticipantMy understanding is that (in California) if you borrow money to purchase a home then default the lender can only take back the property.
However, if you borrow money for other things (furniture, paying off other debt, spending sprees, etc.) then, even if the home is the collateral, the lender can get a judgement against you in civil court and place liens on your other property, garnish wages, and attach (drain) your bank and savings accounts.
Also, the updated bankruptcy laws (as of 2005) make it much harder to discharge such debts.
You might want to speak with an attorney before maxing out your HELOC.
June 26, 2008 at 10:25 PM #229377jonnycsdParticipantMy understanding is that (in California) if you borrow money to purchase a home then default the lender can only take back the property.
However, if you borrow money for other things (furniture, paying off other debt, spending sprees, etc.) then, even if the home is the collateral, the lender can get a judgement against you in civil court and place liens on your other property, garnish wages, and attach (drain) your bank and savings accounts.
Also, the updated bankruptcy laws (as of 2005) make it much harder to discharge such debts.
You might want to speak with an attorney before maxing out your HELOC.
June 27, 2008 at 2:50 AM #229266TheBreezeParticipantIf this bill passes, it will introduce a tremendous incentive for those who are current on their payments to ether stop paying or fall behind. Why keep paying on a mortgage when you can stop paying and possibly get the bank to reduce your principal by at least 10%? And, if the appraisals are honest, then there is a potential that your principal amount could get reduced by up to 50% or more.
No way I would keep current on an underwater mortgage if this bill were to pass.
June 27, 2008 at 2:50 AM #229385TheBreezeParticipantIf this bill passes, it will introduce a tremendous incentive for those who are current on their payments to ether stop paying or fall behind. Why keep paying on a mortgage when you can stop paying and possibly get the bank to reduce your principal by at least 10%? And, if the appraisals are honest, then there is a potential that your principal amount could get reduced by up to 50% or more.
No way I would keep current on an underwater mortgage if this bill were to pass.
June 27, 2008 at 2:50 AM #229394TheBreezeParticipantIf this bill passes, it will introduce a tremendous incentive for those who are current on their payments to ether stop paying or fall behind. Why keep paying on a mortgage when you can stop paying and possibly get the bank to reduce your principal by at least 10%? And, if the appraisals are honest, then there is a potential that your principal amount could get reduced by up to 50% or more.
No way I would keep current on an underwater mortgage if this bill were to pass.
June 27, 2008 at 2:50 AM #229429TheBreezeParticipantIf this bill passes, it will introduce a tremendous incentive for those who are current on their payments to ether stop paying or fall behind. Why keep paying on a mortgage when you can stop paying and possibly get the bank to reduce your principal by at least 10%? And, if the appraisals are honest, then there is a potential that your principal amount could get reduced by up to 50% or more.
No way I would keep current on an underwater mortgage if this bill were to pass.
June 27, 2008 at 2:50 AM #229443TheBreezeParticipantIf this bill passes, it will introduce a tremendous incentive for those who are current on their payments to ether stop paying or fall behind. Why keep paying on a mortgage when you can stop paying and possibly get the bank to reduce your principal by at least 10%? And, if the appraisals are honest, then there is a potential that your principal amount could get reduced by up to 50% or more.
No way I would keep current on an underwater mortgage if this bill were to pass.
June 27, 2008 at 8:40 AM #229321AnonymousGuestTheBreeze,
My thoughts exactly, which is why I want to make sure I understand how this new bill would work.
With respect to buying things using the HELOC, I called my lender and asked them about that and was told it’s a nonrecourse loan tied to the house. Of course the people speak to are wrong all the time. Before I do anything I’ll speak with a Real Estate attorney, but the main point of my post was to illustrate how bailing people out is basically wrong because no matter what program they come up with it will be “unfair” to others and in some cases provide an incentive to default.
June 27, 2008 at 8:40 AM #229440AnonymousGuestTheBreeze,
My thoughts exactly, which is why I want to make sure I understand how this new bill would work.
With respect to buying things using the HELOC, I called my lender and asked them about that and was told it’s a nonrecourse loan tied to the house. Of course the people speak to are wrong all the time. Before I do anything I’ll speak with a Real Estate attorney, but the main point of my post was to illustrate how bailing people out is basically wrong because no matter what program they come up with it will be “unfair” to others and in some cases provide an incentive to default.
June 27, 2008 at 8:40 AM #229447AnonymousGuestTheBreeze,
My thoughts exactly, which is why I want to make sure I understand how this new bill would work.
With respect to buying things using the HELOC, I called my lender and asked them about that and was told it’s a nonrecourse loan tied to the house. Of course the people speak to are wrong all the time. Before I do anything I’ll speak with a Real Estate attorney, but the main point of my post was to illustrate how bailing people out is basically wrong because no matter what program they come up with it will be “unfair” to others and in some cases provide an incentive to default.
June 27, 2008 at 8:40 AM #229483AnonymousGuestTheBreeze,
My thoughts exactly, which is why I want to make sure I understand how this new bill would work.
With respect to buying things using the HELOC, I called my lender and asked them about that and was told it’s a nonrecourse loan tied to the house. Of course the people speak to are wrong all the time. Before I do anything I’ll speak with a Real Estate attorney, but the main point of my post was to illustrate how bailing people out is basically wrong because no matter what program they come up with it will be “unfair” to others and in some cases provide an incentive to default.
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