Display:
in cases of bankruptcy proceedings, how many end up in people losing their homes.  Foreclosures are up everywhere, but, as I said before, foreclosures are almost always a net transfer of wealth from bankers to homeowners -- in this case to the previous homeowner who sold the home to the one who eventually lost it to foreclosure.
by santiago on Wed Oct 14th, 2009 at 07:55:33 PM EST
[ Parent ]
Not if the bank gets bailed out with taxpayer money.

- Jake

If you only spend 20 minutes of the rest of your life on economics, go spend them here.

by JakeS (JangoSierra 'at' gmail 'dot' com) on Wed Oct 14th, 2009 at 08:45:10 PM EST
[ Parent ]
Unless the bailout were completely funded by taxing the poor instead of the rich.  This is unlikely to be the case because progressive taxation exists in all OECD countries (even in the US, since taxation is even more progressive in the US than Europe, oddly enough), and any tax increases to pay for stimulus deficits will almost certainly have to come in the form of increasing taxes on wealthier people.  This means that bank bailouts effectively tax most wealthy people in order to bail out some wealthy people, so I think it is still is unlikely to affect the net distribution of wealth to the poor in the form of loan write offs.
by santiago on Thu Oct 15th, 2009 at 10:29:42 AM EST
[ Parent ]
The point is, it didn't use to be possible for individuals to save their home by filing for bankruptcy. If you didn't pay your mortgage you got foreclosed and repossessed, period. That's what secured credit means.

foreclosures are almost always a net transfer of wealth from bankers to homeowners

With the foreclosed person as collateral damage?

En un viejo país ineficiente, algo así como España entre dos guerras civiles, poseer una casa y poca hacienda y memoria ninguna. -- Gil de Biedma

by Migeru (migeru at eurotrib dot com) on Thu Oct 15th, 2009 at 02:16:11 AM EST
[ Parent ]
it didn't use to be possible for individuals to save their home by filing for bankruptcy.

As far as I know, it's still not, at least in the US.  The home exemption means that other creditors cannot force you to sell your home as an asset to pay them.  Only a certain amount of equity is exempt.  The mortgage is a different story -- you can't discharge it in bankruptcy and banks can foreclose and take their asset back, although I think they have to wait until the other debt is discharged before they proceed.  

Maybe we can eventually make language a complete impediment to understanding. -Hobbes

by Izzy (izzy at eurotrib dot com) on Thu Oct 15th, 2009 at 03:01:37 AM EST
[ Parent ]
According to a rather poorly sourced Wikipedia link I posted on another thread, there are actually a few states in which the homestead exemption even applies to mortgages. I haven't been able to figure out which states, if any, this applies to.
by gk (g k quattro due due sette "at" gmail.com) on Thu Oct 15th, 2009 at 03:22:05 AM EST
[ Parent ]
Especially in the US, bankruptcy is the policy means available to individuals to reduce debt and save their  homes.  Very few bankruptcies in the US occur in which individuals lose their homes, and the reason most people file for bankruptcy is to save their homes (while escaping from their medical bills).
by santiago on Thu Oct 15th, 2009 at 10:33:07 AM EST
[ Parent ]
Just as long as you continue paying your mortgage, you won't lose your home in bankruptcy proceedings in the US, that is true.

But when people default on their mortgage they can get foreclosed and repossessed, and they will unless the bank has inexplicably (heh) misplaced the loan documents.

En un viejo país ineficiente, algo así como España entre dos guerras civiles, poseer una casa y poca hacienda y memoria ninguna. -- Gil de Biedma

by Migeru (migeru at eurotrib dot com) on Thu Oct 15th, 2009 at 10:36:00 AM EST
[ Parent ]
Yes, this is exactly how it works in the US.
by santiago on Thu Oct 15th, 2009 at 10:42:33 AM EST
[ Parent ]
I think the argument I'm trying to make is that whether or not there are specific provisions in bankruptcy laws that protect home-ownership rights above creditors' rights, the effective use of individual bankruptcy has always been to save people's homes.  Filing for bankruptcy allows individuals to be forgiven other debts in order to be able to afford to pay -- usually also under reduced conditions -- their primary, secured debt in their own home.  It's still a net transfer of wealth from creditors to debtors.  In fact, some recent US Fed research blamed popping of the housing bubble on the new bankruptcy laws in the US which made it more difficult for people to escape credit card debt by filing for bankruptcy (which meant they started paying the credit cards instead of their home mortgages, causing delinquency to spike soon after the new bankruptcy law went into effect).
by santiago on Thu Oct 15th, 2009 at 10:41:50 AM EST
[ Parent ]
santiago:
the new bankruptcy laws in the US which made it more difficult for people to escape credit card debt by filing for bankruptcy
I remember the heavy debate on those laws when I was in the US in the early noughties. It makes you wonder whether the lobbyists who made the new bankruptcy laws happen were consciously laying the groundwork for the subprime bubble.

En un viejo país ineficiente, algo así como España entre dos guerras civiles, poseer una casa y poca hacienda y memoria ninguna. -- Gil de Biedma
by Migeru (migeru at eurotrib dot com) on Thu Oct 15th, 2009 at 10:47:21 AM EST
[ Parent ]

Display:
Login
. Make a new account
. Reset password
Occasional Series