<?xml version="1.0" encoding="UTF-8"?><rss version="2.0"
	xmlns:content="http://purl.org/rss/1.0/modules/content/"
	xmlns:dc="http://purl.org/dc/elements/1.1/"
	xmlns:atom="http://www.w3.org/2005/Atom"
	xmlns:sy="http://purl.org/rss/1.0/modules/syndication/"
		>
<channel>
	<title>Comments on: Law School Professor Encourages Homeowners To Stop Paying Their Mortgages</title>
	<atom:link href="http://www.oklahoma-bankruptcy-attorney.com/mortgages/law-schoolprofessor-encourages-homeowners-to-stop-paying-their-mortgages/feed/" rel="self" type="application/rss+xml" />
	<link>http://www.oklahoma-bankruptcy-attorney.com/mortgages/law-schoolprofessor-encourages-homeowners-to-stop-paying-their-mortgages/</link>
	<description>Oklahoma&#039;s trusted source for accurate and reliable information about consumer bankruptcy. Written by Tulsa bankruptcy attorney Dan Nunley who helps Oklahoma consumers and small business owners get relief from serious debt problems through Chapter 7 and Chapter 13 bankruptcy.</description>
	<lastBuildDate>Fri, 03 Feb 2012 11:22:21 +0000</lastBuildDate>
	<sy:updatePeriod>hourly</sy:updatePeriod>
	<sy:updateFrequency>1</sy:updateFrequency>
	<generator>http://wordpress.org/?v=3.3</generator>
	<item>
		<title>By: Dan Nunley</title>
		<link>http://www.oklahoma-bankruptcy-attorney.com/mortgages/law-schoolprofessor-encourages-homeowners-to-stop-paying-their-mortgages/comment-page-1/#comment-2350</link>
		<dc:creator>Dan Nunley</dc:creator>
		<pubDate>Mon, 28 Dec 2009 01:28:11 +0000</pubDate>
		<guid isPermaLink="false">http://www.oklahoma-bankruptcy-attorney.com/?p=1772#comment-2350</guid>
		<description>I understand what you are saying Jay and in many cases, maybe even most, you would be right. But I remember what I learned in my first semester Contracts class in law school, namely that the law is not about what is moral but what is legal. And sometimes a party to a contract weighs his options and decides that it would be more beneficial to him to break a contract and bear the resulting consequences than to comply with the terms of that contract. 

Just because a homeowner can easily afford his mortgage payment doesn&#039;t always mean that making the mortgage payment is the best thing for the homeowner to do. There can be numerous issues that make a once attractive house no longer desirable to a homeowner. And when that is the case, the homeowner may decide that his best option is to default on the mortgage and bear whatever consequences arise from his breach of the contract so that he can rid himself of a house he no longer desires to own.</description>
		<content:encoded><![CDATA[<p>I understand what you are saying Jay and in many cases, maybe even most, you would be right. But I remember what I learned in my first semester Contracts class in law school, namely that the law is not about what is moral but what is legal. And sometimes a party to a contract weighs his options and decides that it would be more beneficial to him to break a contract and bear the resulting consequences than to comply with the terms of that contract. </p>
<p>Just because a homeowner can easily afford his mortgage payment doesn&#8217;t always mean that making the mortgage payment is the best thing for the homeowner to do. There can be numerous issues that make a once attractive house no longer desirable to a homeowner. And when that is the case, the homeowner may decide that his best option is to default on the mortgage and bear whatever consequences arise from his breach of the contract so that he can rid himself of a house he no longer desires to own.</p>
]]></content:encoded>
	</item>
	<item>
		<title>By: BankruptcyBill.us &#187; Blog Archive &#187; BLT (Bankruptcy Lawyer Topics): Mortgage &#8211; by Matt Leichter, Esq.</title>
		<link>http://www.oklahoma-bankruptcy-attorney.com/mortgages/law-schoolprofessor-encourages-homeowners-to-stop-paying-their-mortgages/comment-page-1/#comment-2349</link>
		<dc:creator>BankruptcyBill.us &#187; Blog Archive &#187; BLT (Bankruptcy Lawyer Topics): Mortgage &#8211; by Matt Leichter, Esq.</dc:creator>
		<pubDate>Sun, 27 Dec 2009 22:38:04 +0000</pubDate>
		<guid isPermaLink="false">http://www.oklahoma-bankruptcy-attorney.com/?p=1772#comment-2349</guid>
		<description>[...] Law School Professor Encourages Homeowners to Stop Paying Their Mortgages [...]</description>
		<content:encoded><![CDATA[<p>[...] Law School Professor Encourages Homeowners to Stop Paying Their Mortgages [...]</p>
]]></content:encoded>
	</item>
	<item>
		<title>By: Jay S. Fleischman</title>
		<link>http://www.oklahoma-bankruptcy-attorney.com/mortgages/law-schoolprofessor-encourages-homeowners-to-stop-paying-their-mortgages/comment-page-1/#comment-2323</link>
		<dc:creator>Jay S. Fleischman</dc:creator>
		<pubDate>Mon, 21 Dec 2009 21:22:46 +0000</pubDate>
		<guid isPermaLink="false">http://www.oklahoma-bankruptcy-attorney.com/?p=1772#comment-2323</guid>
		<description>I get the whole, &quot;sticks and bricks,&quot; argument - I use it all the time when dealing with distressed homeowners.  A house is not a home and all that.

But to tell people to walk away even if they can afford their mortgage payments is ... absurd to say the least.  If you can afford the payment and can keep a roof over your head, that&#039;s a good thing.  The market is down today, up at some point in the future.  Why willingly put yourself in a position of financial distress when it&#039;s not necessary?

Perhaps the equation differs in states that prohibit deficiency judgments, but in New York a mortgagee can continue to collect when the sale price falls short of the balance due.  In such a situation, a defaulting borrower may be backing into a future bankruptcy when one might otherwise be unnecessary.</description>
		<content:encoded><![CDATA[<p>I get the whole, &#8220;sticks and bricks,&#8221; argument &#8211; I use it all the time when dealing with distressed homeowners.  A house is not a home and all that.</p>
<p>But to tell people to walk away even if they can afford their mortgage payments is &#8230; absurd to say the least.  If you can afford the payment and can keep a roof over your head, that&#8217;s a good thing.  The market is down today, up at some point in the future.  Why willingly put yourself in a position of financial distress when it&#8217;s not necessary?</p>
<p>Perhaps the equation differs in states that prohibit deficiency judgments, but in New York a mortgagee can continue to collect when the sale price falls short of the balance due.  In such a situation, a defaulting borrower may be backing into a future bankruptcy when one might otherwise be unnecessary.</p>
]]></content:encoded>
	</item>
	<item>
		<title>By: Russ DeMott</title>
		<link>http://www.oklahoma-bankruptcy-attorney.com/mortgages/law-schoolprofessor-encourages-homeowners-to-stop-paying-their-mortgages/comment-page-1/#comment-2312</link>
		<dc:creator>Russ DeMott</dc:creator>
		<pubDate>Fri, 18 Dec 2009 12:51:04 +0000</pubDate>
		<guid isPermaLink="false">http://www.oklahoma-bankruptcy-attorney.com/?p=1772#comment-2312</guid>
		<description>Nice post, as usual, Dan.  Much of what the Prof. advises is good advice.  Folks need to look at their houses and try to take the emotion out of it.  I wrote a post on this on my blog at http://www.scbankruptcyattorney.com/blog/filing-bankruptcy-to-surrender-assets-sometimes-its-best/2009/09.  I deal with this in my own practice all the time.  When clients have no equity in their homes, I call it renting.  Some are so upside down, they won&#039;t have equity for 10 years or so.  It&#039;s sad, but it&#039;s but to deal with reality.</description>
		<content:encoded><![CDATA[<p>Nice post, as usual, Dan.  Much of what the Prof. advises is good advice.  Folks need to look at their houses and try to take the emotion out of it.  I wrote a post on this on my blog at <a href="http://www.scbankruptcyattorney.com/blog/filing-bankruptcy-to-surrender-assets-sometimes-its-best/2009/09" rel="nofollow">http://www.scbankruptcyattorney.com/blog/filing-bankruptcy-to-surrender-assets-sometimes-its-best/2009/09</a>.  I deal with this in my own practice all the time.  When clients have no equity in their homes, I call it renting.  Some are so upside down, they won&#8217;t have equity for 10 years or so.  It&#8217;s sad, but it&#8217;s but to deal with reality.</p>
]]></content:encoded>
	</item>
</channel>
</rss>

