Category: Lending

A duty to negotiate? Part 1: the story

3 September, 2008 (09:14) | Legal, Lending, Subprime, US News, Workouts | No comments

Using a loan I borrow from you, I buy a house that I now cannot pay for.  I fall into default, and you send me notices of default, but I want to renegotiate. 
 
Are you obligated to negotiate with me?
 

Okay now, bank, let’s negotiate
 
That appears to be the premise behind litigation recently filed by Lori […]

The wetware credit bureau

21 March, 2008 (09:30) | Lending, Primer Posts, Theory, World news | No comments

Is lending about trust or distrust?
 

All others pay cash?
 
Sherlock Holmes believed that debt says, I don’t trust you.  As he put it:
 
 “Consider debt.   I lend you money, which you promise to repay, in regular installments.  Everything about the transaction breathes distrust.  In fact, while I personally am no romantic” — Watson broke out in a […]

Declaration of independence

10 March, 2008 (10:50) | Ecosystems, GSEs, Lending, Markets, Regulation and Reform, US News | No comments

When most people threaten to sue, it’s simply a yawn-inducing tactic. 
 

Somebody’s suing me?
 
When a state attorney general does it, the tactic has more effect. 
 
Litigators!  Litigators!
 
Of such threat vaporware is New York state attorney general Andrew Cuomo a past master, as he recently demonstrated by parlaying his face-down cards into an important settlement action.  […]

The debtor game

8 February, 2008 (09:48) | Lending, Subprime, Theory, US News | No comments

And after the Pajama Game, the Debtor Game
 
So many of the stories we read about subprime home buyers sinking under the weight of their high-interest-rate loans have one nagging flaw: the borrowers whom they cite were in debt trouble before they got the subprime loan.  As a consumer advocate puts it:
 
“A typical subprime borrower is […]

House of games: Part 2, I gave you my trust

3 January, 2008 (09:39) | Lending, Markets, Subprime | No comments

Yesterday’s exploration of the house-buying scheme designed to defraud a too-eager lender, in the form of Bear Stearns Residential Mortgage, chronicled how a small ring of sharp characters posed as all of the stakeholders in the home-buying value chain – borrower, originator, appraiser – to secure inflated mortgages on properties for which they were paying […]