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Sure, you could do that. Aeryn Send a noteboard - 13/10/2010 01:54:55 AM
Say you buy a foreclosed home from the bank that writes the mortgage. For simplicity's sake let's say you buy the home for $250,000, finance 100% of it, and that's the appraised value of the home.

In five years you are still making mortgage payments. The home now appraises for $325,000. Is it moral for the bank to tack that extra $75,000 onto the remaining loan principal?


That's basically a like shorting a property, from your pespective. You buy in the hopes that the value of the property goes down (to be fair, the agreement should work both ways - if the property depreciates, so should the amount of the mortgage you owe). I don't see why a contract couldn't be written that way. (Except if you were doing this with stocks, you'd have to put up collateral to insure against the risk of the losing party simply walking away. Positions are then valued daily, and if the the amount of collateral becomes insufficient, you may be forced to close the position.)

A real-life example is an adjustable rate mortgage - if interest rates go up, so does your mortgage payment. Yes, very legal, and very many banks did just that. It's all a matter of how you structure the legal agreement.

The bank accepts your house as collateral for the loan. It is the bank's burden to ascertain that the value of the collateral is sufficient to cover the value of the loan in case of default. Period. If a bank writes a mortgage for $100,000 on a property worth $80,000, it deserves to lose the money - it's acting stupid and greedy, not considering the risks.
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Is walking away from a mortgage immoral? - 12/10/2010 04:45:43 PM 1374 Views
Just as a contract is a two way street - - 12/10/2010 05:12:09 PM 875 Views
do we have a moral obligation to society? - 12/10/2010 06:00:17 PM 868 Views
It's a good question - 14/10/2010 02:41:21 AM 782 Views
Sort of have to disagree... - 13/10/2010 02:52:07 AM 819 Views
That's not true actually - 14/10/2010 02:35:43 AM 767 Views
Of course it's immoral. - 12/10/2010 05:13:16 PM 844 Views
But does one sided morality work? - 12/10/2010 05:38:56 PM 964 Views
That's the only kind of morality there is! What the hell is wrong with you? - 12/10/2010 08:15:55 PM 789 Views
nothing wrong with me but I think you are off your meds again - 12/10/2010 09:34:33 PM 785 Views
Re: nothing wrong with me but I think you are off your meds again - 15/10/2010 02:50:49 PM 1282 Views
well I really can't argue with the wrong is wrong end of story belief system - 15/10/2010 05:40:22 PM 986 Views
A contract isn't a promise; it's a legal agreement. *NM* - 12/10/2010 06:25:24 PM 407 Views
Which is why contracts have to be pages and pages long and combed over by bloodsucking lawyers. - 12/10/2010 06:39:18 PM 823 Views
I would agree with you if contracts didn't provide for breaking them. - 12/10/2010 07:33:15 PM 680 Views
Hrm. - 12/10/2010 07:35:38 PM 889 Views
It's not immoral to break the marriage contract. - 12/10/2010 08:19:50 PM 948 Views
I don't see that as the flaw in my logic. - 12/10/2010 08:37:52 PM 845 Views
Re: I don't see that as the flaw in my logic. - 12/10/2010 09:00:00 PM 940 Views
also - 12/10/2010 09:37:38 PM 793 Views
That makes no sense whatsoever. - 13/10/2010 11:38:06 PM 914 Views
That must be why they have you sign something called an agreementory note *NM* - 12/10/2010 07:33:32 PM 407 Views
Exactly *NM* - 12/10/2010 07:58:25 PM 390 Views
So, you think bankruptcy laws are immoral? - 13/10/2010 12:18:43 AM 831 Views
I don't think it's immoral at all. The contract usually specifies penalties for breach. - 12/10/2010 05:28:34 PM 918 Views
I thought the answer might be something like that. *NM* - 12/10/2010 05:35:35 PM 375 Views
that is close to the way I see it - 12/10/2010 05:45:25 PM 775 Views
It's both legal and immoral. - 12/10/2010 06:37:49 PM 858 Views
You didn't mention the third party - 12/10/2010 08:26:56 PM 704 Views
in a way I did since I did mention society - 12/10/2010 08:54:07 PM 850 Views
Thus the edit - 12/10/2010 09:10:53 PM 876 Views
either way I think you made a good point *NM* - 12/10/2010 09:38:58 PM 374 Views
will those neighbors... - 14/10/2010 04:52:26 AM 980 Views
All depends where you get your morals from, really. - 12/10/2010 08:28:41 PM 836 Views
I guess what i was trying to ask, at least in part - 12/10/2010 09:48:24 PM 803 Views
What if you look at it from the other perspective? - 12/10/2010 09:00:20 PM 855 Views
do you think they would if they had a legal way to do it? - 12/10/2010 10:04:57 PM 830 Views
Good point. *NM* - 12/10/2010 11:10:26 PM 391 Views
Sure, you could do that. - 13/10/2010 01:54:55 AM 859 Views
Much like the concept of morality itself. - 12/10/2010 11:47:23 PM 772 Views
I find this line particularly interesting. - 13/10/2010 12:13:18 AM 792 Views
Dunno. - 13/10/2010 12:56:56 AM 899 Views
As a professional in financial services - no, it is not. - 13/10/2010 01:44:18 AM 807 Views
but almost nobody sees it that way - 13/10/2010 12:53:25 PM 808 Views
Is the deal that if you default, the bank gets the house and nothing else, though? - 13/10/2010 02:40:48 PM 801 Views
yes but the bank has a limited ability to collect - 13/10/2010 02:47:34 PM 714 Views
I think it's morally wrong to walk away from credit card debt. *NM* - 13/10/2010 09:43:11 PM 382 Views
I'm curious how you reconcile that - 13/10/2010 09:47:59 PM 829 Views
Collateral - 19/10/2010 07:21:14 PM 1327 Views
I agree, what do you think is different? - 13/10/2010 09:59:36 PM 833 Views
I lost sleep over it, but I did it anyway. - 13/10/2010 05:24:19 AM 893 Views
OK what if you take it a step further - 13/10/2010 03:44:30 PM 846 Views
Good question - 14/10/2010 05:13:41 AM 864 Views
I have some questions about this issue. - 13/10/2010 08:14:37 AM 817 Views
how do those questions affect the morality of the situation? - 13/10/2010 03:20:14 PM 775 Views
Obviously, the essential difference is can't pay versus won't pay. - 13/10/2010 02:16:07 PM 780 Views
are you socializing your debt when it is a private bank? - 13/10/2010 03:14:48 PM 833 Views
You are when said bank requires a bailout. And very many of them do. - 13/10/2010 03:22:59 PM 794 Views
it is the home fault that the banks have to be bailed out - 13/10/2010 03:49:37 PM 855 Views
I believe it immoral to do harm. - 13/10/2010 04:38:28 PM 868 Views
I really don't understand a system where this could be an advantage. - 13/10/2010 11:16:57 PM 812 Views
There's generally something like a 7 or 10 year limit on credit reporting here. - 13/10/2010 11:46:58 PM 828 Views
What's the use of suing someone who has no money? *NM* - 13/10/2010 11:48:47 PM 440 Views
You can garnish their wages. - 13/10/2010 11:49:36 PM 790 Views
With parsley? - 13/10/2010 11:51:37 PM 878 Views
No, "someone" most certainly did not, wicked young Miss! Hmph! *NM* - 13/10/2010 11:52:40 PM 432 Views
If they suddenly come into some, you're entitled to it. *NM* - 14/10/2010 12:07:34 AM 507 Views
Bit of a long shot. *NM* - 14/10/2010 12:09:12 AM 357 Views
Very. Best to cover your bases though. *NM* - 14/10/2010 10:04:25 PM 378 Views
Not if the doctrine of election applies. - 14/10/2010 10:14:07 PM 776 Views
Are we not talking about credit companies going after people who owe them money? - 14/10/2010 10:18:47 PM 821 Views
Yeah, I guess we are. - 14/10/2010 10:28:40 PM 859 Views
Re: - 14/10/2010 03:09:18 AM 809 Views
I am currently in that situation... - 14/10/2010 05:03:23 AM 906 Views
Re: I am currently in that situation... - 14/10/2010 05:49:24 PM 1146 Views
it is easy for me and others to be glib when it is just a theory *NM* - 14/10/2010 08:19:16 PM 379 Views

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