Randolph Kinney
Elite Member
- Joined
- Apr 7, 2005
- Professional Status
- Retired Appraiser
- State
- North Carolina
New bankruptcy law no protection from foreclosure
http://www.signonsandiego.com/news/business/20070411-1035-foreclosures-bankruptcy.html
http://www.signonsandiego.com/news/business/20070411-1035-foreclosures-bankruptcy.html
NEW YORK (Dow Jones/AP) – More financially stretched borrowers are realizing even declaring bankruptcy can't save their homes from foreclosure.
According to a study released in March by Credit Suisse Group , more subprime borrowers are turning to bankruptcy court to stave off foreclosure, as softening housing prices make it harder for them to sell their homes to repay debts.
At the same time, the study shows, the number of borrowers who are actually able to bring current their mortgage payments through bankruptcy is declining, and more filers are ultimately turning their homes over to the lenders. The finding means investors in high-yielding mortgage-backed securities should expect higher losses on the underlying collateral.
At least part of the blame, says the report, lies with the bankruptcy law passed in October 2005. The law raised the bar for people to qualify for Chapter 7 “fresh start” bankruptcy proceedings. Chapter 7 can enable individual filers to wipe away debts such as credit-card and medical bills so they can continue to make their mortgage payments. With access limited, more subprime borrowers are forced into Chapter 13, where some can't maintain their payment schedules for more than a couple of months.
Meanwhile, the Credit Suisse study and some consumer lawyers also note that borrowers headed to bankruptcy today pose bigger credit risks than those in the past, as many of them bought houses during the boom with little or no money down. As a result, investors using historical data to predict losses on current bonds may be surprised.
“The roll-rate pattern has changed dramatically,” Credit Suisse's Guo said, “and therefore, investors are more likely to over-predict the cure rate and under-predict the loss.”
Richard Feinsilver, who practices bankruptcy law in Kings County, Queens County, Nassau County and Suffolk County, N.Y., said even some high-income borrowers can't keep up with their repayment plans because of their heavy debt burdens.
“We're beginning to see more high-income, high-debt individuals who purchased homes on the shoe string are finding Chapter 13 beyond their reach,” he said.