Hi,
Okay, now according to those in the know, the fact that one or two banks are now foreclosing on mortgages, it means that all banks are evil and shouldn't be preying on people by lending them money, right?
I mean, this is a classic example where we can take a small percentage and use that to describe the whole industry right?
I mean the fact that these are battlers, it makes the whole industry of lending wrong?
And surely, having a registered mortgage should have protected them right?
(Oh come on, after all I've heard, surely I can have some fun?)
On the flipside, though, here are my personal views...
If the loans were for PPORs then the borrower has some protection under the consumer credit code.
If not, there's nothing to say they still cannot negotiate with the lender right?
In either case, it's not to the lenders benefit to foreclose anyway, since if I am reading this right the security is less than the debt, so if the bank forecloses they are going to realise a loss anyway.
Some possible solutions would be to either...
(a) reduce the interest rate - banks can do this, and do it all the time, its call "special" or "honeymoon" rates. They could agree that for a set period of time (say 2-3 years) the interest rate will be x which is less than the current interest rate; or
(b) Extend the loan term from 25 years to 40 years for say 2-5years.
What this does is effectively refinance the loan to a new "product" where the end result is that the repayments are smaller.
The goal is that either...
a) the borrower keeps paying until the market turns and they sell; or
b) they switch back to a normal mortgage later on.
However if its due to a lost job or something, then in theory that situation will turn around.
Having done wraps and seen where people have refinanced and seen reposessions (and yes in the case of the repossession the couple did switch to a refinance plan of their own creation - one they said they could afford - besides their repayments were less than the average rent in the area - so the inability to pay was not the result of the wrap). I am familiar with what is permitted under the code.
Also having seen my parents almost lose their home through the Government Housing plan HomeFund I know that its like to experience almost losing a home. So I think I'm in a good position to see both sides of the fence.
Getting back to our example above, some of the conditions I would include if the refinance was to proceed would be;
1) loan payments must be deducted straight from salary (not bank account)
2) all other loans must be reduced to their monthly minimum payments and the excess added to the homeloan
3) must see an appointed financial planner to develop a budget and then must meet regularly to maintain budget.
Just some thoughts
Michael G