Bankruptcy Judges may soon be able to alter mortgage terms

Real Estate Broker/Owner with Liberty House Realty LLC

You may have been all caught up in the looming "sitmulus plan" news that you may not have heard of a recent vote that took place in the House Judiciary Committee.

This vote could potentially reduce foreclosure nation wide but, at what cost?

Basically, the bill lets Bankruptcy Judges alter the term of mortgage loans. The vote passed 21-15 and now the measure is headed to the House.

Now, one thing to remember about this bill is that it only applies to mortgages that were entered into before the bill becomes law. This is important becuase opponets of this bill claim this measure would create a rash of bankruptcies and flood the courts, much like the massive bankruptcy law changes of a few years ago.

The thought is that many people would be more comfortable with pleading thier case to a Judge than to deal directly with a Loss Mitigation Officer representing the bank because they feel the Judges will be more sympathetic to thier cause.

Well, of course many lenders oppose the deal because they believe they will be big loosers if these mortgages get in the hands of liberal Judges who like to legislate from the bench. Ultimately this is the one point both the default home owners and lenders agree on and that is, if a Judge is allowed to alter the terms of these loans, most likely they will favor the default homeowners and the banks will end up loosing more than they would have by doing a Short Sale or Foreclosure.

As you can imagine, the lenders are coming out and saying that massive losses incurred from these lawsuits will be passed on to new mortgage seekers and therefore, reduce the number of people able to afford a loan all together.


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Thanks for the update

I saw back in early Jan. where Citi got on board with this proposal and was wondering where it stood.  Howa are you keeping track of it if you don't mind me asking, do you have a house bill number for it?

Jan 28, 2009 06:50 AM #1

I keep up with it thorugh the Associated Press Hot Wire.

Jan 28, 2009 07:02 AM #2
Tracy Royce
Short Sale Arizona, Arizona Short Sale Realtor - Phoenix, AZ
Royce of Real Estate - Short Sale Arizona

Hey Jesus we have the very thing happening in AZ...a little scary if you ask me, for the same points you brought up.

I thought it was a bit gratuitous when they agreed the lenders could reduce principle balance on peoples mortgages...but again there are consequences on the back end to the homeowner.

I would be suprised if they in fact let this pass, but I think desperate measures will be justified from the top, so who knows. But more than agreed, it would affect the collective buyers market as a whole...

We're still doing mass amounts of short sales in the meantime, closing 1-2 a day, so until our clients have the option of going to a BK judge for their housing issues, we are still doing all we can!!

Thanks for the good post!

Tracy Venezia-Royce

Live Free Investment Group


Jan 28, 2009 07:02 AM #3
Roland Woodworth
Q Realty - Clarksville, TN
Q Realty - Power In Real Estate

Jesse: This is going to be very intersting to follow and see how it all plays out.

Feb 01, 2009 03:52 PM #4
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