California Legislation May Set Precedent
California legislators are working on giving homeowners a break from the leftover debt after a short sale or a foreclosure. The banking lobbyists want to retain the right to collect that debt and borrowers as well as the real estate industry wants that debt to be forgiven like it was in the depression era. The thinking is that it’s enough punishment to lose one’s home.
But bankers want to be able to collect the debt, especially where the homeowner refinanced, got cash out of the house to buy boats, cars, vacations, etc.
I see the point — nobody should borrow more than they can, but then these loan programs led borrowers to believe that the banks thought they could afford the loan, the home, and the cash out.
Who’s ultimately responsible? I have to call out the banks. It was shocking to me even then, back in 2001-2004, to hear the sales pitch of some of the lender reps that came to our office. The requirements to qualify borrowers kept getting looser and looser, allowing low credit scores, no income documentation, high loan to value, and high debt ratios which all contributed to this mess we are in now.
I think both borrowers and banks have to take responsibility, but the greater weight should be on the banks and investors who led us down that now-spiky path.
Lynette Hensley, Associate Broker
