image: Mike Licht (flickr)

This morning on Morning Edition, I heard another example of the bankster’s success at pushing fake morality at homeowners. NPR interviewed Grace, a woman who seems to be pretty well off, with a good job. She bought a house for close to $1 million, but it is now worth $200,000 less. She can’t refinance because the house is worth less that what is owed. She can rent down the street for 1/3 of the monthly mortgage payment. She feels bad about throwing money down a rathole. My favorite part is the American Banker’s Association guy:

“We believe people should meet their contractual obligations when they have the ability to meet them,” says Robert Davis, the executive vice president of the banking group.

Now which contractual obligation is that, Robert? She walks away, she turns over the keys, and the house goes to the lender, whenever the bank figures it out. Grace lives in California, and it appears that the mortgage is a purchase money mortgage. If so, under California law, there is no deficiency judgment. The bank that made (or purchased) her loan knew that. So did Grace. That law is part of her contract.

Grace seems to feel guilty, as if it’s somehow her fault that she lives in a state that gives her legal rights and leverage to deal with the lender. It’s not. Grace mis-estimated the future value of the house. The lender did too. It assumed that if something happened to Grace or her husband, the house would be worth more than the debt. Both sides were wrong.

The good news is that in California, Grace has leverage. She been trying to get Bank of America to modify the terms of the loan. That’s fair. Both sides were wrong, both sides take a haircut. The Bank is obdurate, it refuses even to negotiate. The solution is obvious: Grace should walk away. If the Bank is so rigid and stupid it can’t see the strength she has, it’s just financial Darwinism in action when it eats the entire loss.

Grace is trapped between her knowledge of her legal rights and some emotional feeling that she should not enforce her contract on some specious ethical ground. She hasn’t yet made the decision to protect herself and her family.

That is what the banksters want; they want the homeowner to feel helpless or guilty, so that all of the costs of the bad decisions made by both sides fall on one side. I say that if both sides screwed up, both sides should take a haircut. [cont'd.]

That is why FDL writers argued strenuously for cramdown. It gives the homeowner some leverage, and forces the bank to negotiate in good faith or face a disinterested Bankruptcy Judge. That is why we are following the foreclosure fraud issue so closely. If the banksters are lying and cheating people out of their legal rights, the solution is to give the people some leverage to make sure that the losses don’t fall just on families but also on the lenders and investors who made equally bad decisions and who get paid massive piles of money to know better.

This mess is just one of the reasons I am so angry at the Administration. Every step it has taken has favored capital over families, as if all the blame were on one side. It wasn’t. I hope all families that own a home will put themselves ahead of the greedy banksters. You aren’t helpless if you live in an anti-deficiency state. If you live in a state dominated by banks, you won’t be helpless if your state or federal government steps in to even things up.