Strategic Default Monitor – How To Strategically Default

Thursday, April 23, 2009

A Bank Can Sue You and Get A Money Judgement

Hello all. It is time to talk about certain money collection practices by the Lenders which are UNFAIR. And that's just being mild. While I respect the right for a bank to collect on a loan, if they have received money from taxpayer funded TARP or GARP or TALF or RALPH programs (b/c they have debt issues) then they better be show the same respect to you because of your debt issues.

Most of us know that a creditor can sue anyone of us, and if they win, get a money judgment. This judgment can be used to freeze your bank account while the creditor takes your money. A judgment can be used to garnish wages. It stays on your credit report for up to 20 years in certain states. The only way to get rid of a judgment is to win in court or settle with the creditor or pay the full amount with penalties.

HERE'S THE THING. I am know seeing Banks with second mortgages or HELOC'S (Home Equity Lines of Credit, sue a HOMEOWNER instead of STARTING A FORECLOSURE. That's RIGHT. If you have a mortgage a lender has the option of forcing the sale of the property OR suing the HOMEOWNER/BORROWER for the loan amount thereby getting a money judgment.

When we sign for a mortgage loan to buy or refinance a property, we sign a NOTE and a MORTGAGE. The NOTE allows the lender to get a personal money judgment against the borrower. The MORTGAGE allows the lender to force the sale of the property in order to get their money back.

Most times a LENDER will start a lawsuit based on the MORTGAGE so they can force the sale of a property. In the past the LENDER believed there was a better chance to get their money back from the sale of the property instead of trying to get a judgment against the borrower. When a bank sues a borrower it becomes an unsecured lien. Whereas, when a bank starts a foreclosure they have a secured lien.

The unsecured lien normally made a LENDER feel insecure. NOT ANYMORE it seems. Many lenders are discovering that doesn't pay to foreclose on a property that has no value and probably will never reach the values of before. For LENDER's taking a property in foreclosure is a money losing proposition. So a smart group of risk analysts said "It's better to sue for a personal money judgment against an individual. We will get more money from an individual then property. It's better than nothing. We can collect on their wages or any future assets because our judgment will last for 20 years. The big plus...no one will want a $300,000 judgment against them for not paying a mortgage loan or HELOC. THEY WILL BE OUR DEBT SLAVES FOREVER... FOREVER...FOREVER....FOREVER.....FOREVER.....FOREVER."

Yes, Bankruptcy can be an option. Normally a Bankruptcy can discharge unsecured debts. Meaning, once discharged, you never have to pay it. The Bankruptcy laws have changed, so depending on the particular situation, an unsecured debt may not get totally wiped out.

Most importantly, WATCH OUT. If banks are deciding that they can get more mortgage loan money by suing for a personal judgment instead of a foreclosure, then must know something, that most of us DON'T.

Most people do not want a $300,000 judgment against them personally because of an unpaid mortgage loan. In my opinion, while a lender has the right to do it, it is YOUR RESPONSIBILITY TO FIGHT BACK.

Do not sit back and let the bank do it. You must always defend yourself. I mean, let's think about it. You may have been making all these interest payments to the lender. Very little of your payments went to principle. NOW a lender wants a judgment against you for a mortgage that's worth more than the house. Or perhaps an adjustable loan that out of whack with your income. And to add insult to injury the lender is taking forever to give you a loan modification, while the lender gets your taxpayer TARP money, harasses you and your family with calls, letters, and visits, starts legal action. The loan may have flaws on top of that.

WE DON'T THINK SO.

The bottom line is Knowledge is Power. Be prepared to defend yourself against the onslaught of debt collection practices that's going to make your head spin, stress you out, and wrap you up.

This time, you will be prepared and ready to win the fight.

Remember You Have A Legal Obligation to a Lender Not a Moral Obligation.




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