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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
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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
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