Times: Homes at risk as banks seek more security for credit card debt

People are interested in all sorts of different things and are free to ignore others. What I'm saying is that people who want to ignore knowing about mortgages and debt finance would be best advised to steer clear of borrowing.

Do they? My suspicion is that if the US banks didn't have the ability to lodge their dodgy mortgage-backs and CDOs at the Fed in exchange for real cash, they all already be bankrupt. The Fed's own numbers tend to indicate this.

Let's wait and see whether their earnings were greater than the amount they threw away.

They could always disinvest in the company.

Perhaps. If they invest more than the protected limit without doing so though, they expose themselves to the risk of capital loss.

It wasn't just the regulation that failed. The board borrowed short on the markets to lend long and didn't put in place a Plan B for when they couldn't renew their debts.

Perhaps then it would be better to let poorly performing banks fail so that we could have confidence in the ones left standing?

The BofE and the Fed witter about how what's needed is price discovery so that the various financial entities can mark their assets to market and write down what's lost. What they do in practice though seems aimed at preventing price discovery taking place. If Bear Stearns and Northern Rock hadn't been bailed out, we'd know the prices of quite a number of assets by now.

It behoves everyone who borrows money to have a Plan B for its repayment lest their original plan go awry.

Then that's a large part of the problem. It would bet best to encourage people to use cash if they can't understand the implications of borrowing money.

Not what I said. People should feel free to ignore the whole issue, but they'd also be advised to refrain from borrowing. What's been worn away through this quarter-century credit bubble is a knowledge held by our parents and grandparents: debt is a fickle ally and extremely dangerous when permitted to run amok. Think of it like nuclear power: folks can feel free to throw the switch and enjoy the electricity, but if they don't want to know about the details, best not have them make their own.

Our grandparents learned the hard way during the last credit bubble and most refused debt for the rest of their lives and raised our parents to regard it in the same way. It's only during the latest bubble that I even noticed the previous generation being seduced by debt, and many of them would eschew it other than for mortgages and they were pretty damn careful with them. Our generation though misssed the lesson and accepted

125% loand with teaser rates; endowment mortgages; negative amortisation mortgages (in the US at least) and even thought it normal to buy a chinese meal on credit and pay interest on it for decades.

The end result is that our generation will have to learn the lesson our grandparents did, the same way that our grandparents did.

Of course I'm in favour of that too, but it's no substitute for having the customers either know what they're doing or do something else.

Do you? I don't put more than 30K into any one bank because I know that above that it isn't safe if the bank goes down. I also know it's crucial at this time because more banks go down after a credit bubble bust than at any other time.

So despite the fact that you do know that banks sometimes go down, you take no cognizance of it?

It's different in level of risk, not in principle.

That's why folks pay for ratings companies. Only they've screwed up too. Sometimes there just ain't no substitute for due diligence. It may be less efficient than something else you can imagine, but what's happening as a result of folks not troubling themselves with the research isn't looking so efficient right noww either.

I think this is the nub of where we differ. You have some sort of leftie bias destroying rational thinking.

Seems so. At least we both see *that* as unfair.

For business, but not for consumption.

I'm hoping to see that cured quite soon.

I think the little man should have lived within his means and that the lenders should have lived with the consequences of their folly. The first will soon again become the norm. The latter will probably have to wait for someone too big to bail to go down, but the way the central banks are behaving, that may happen sooner than we all imagine.

Oh, I think I've seen some leaks, but I agree, there's much more to come.

The thing is that there's been no attempt whatsoever to control either. History shows that in such a circumstance, control is re-enabled by the disappearance of the product.

I'm not sure what you mean here. I think the basic issue is that it greatly offends my sense of justice for someone to borrow money from someone else promising to pay it back, and then reneging. As far as I'm concerned "I didn't understand I'd have to pay it back!" just doesn't cut it.

FoFP

Reply to
M Holmes
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Yes it's a bit like playing marbles when I was a child, if I was winning my opponemt would shout "SWIZZ" and run off with his marbles. If seems like that child is now running a major lending institution.

Reply to
Lord Turkey Cough

Well you can say nothing has changed, but it is fraudlent for the bank to describe it as an unsecured loan.

Reply to
Lord Turkey Cough

However once it leaks out that unsecured loans are infact secured on people homes the banks may well find a lucrative supply of easy money dries up.

It would become rather insane for anyhome owner to take out n 'unsecured' loan and pay the high interest rates associated with them.

Reply to
Lord Turkey Cough

The borrower wil have the last laugh when it turns out that the house on which his 'unsecured' loan is worth less than he paid for it, and indeed is mortaged to that bank in the first place :O)

lol

Reply to
Lord Turkey Cough

The reason for limited liability is to encourage people to take entrepreunial risks. If I buy shares in a company and it goes belly up, why should I have to cough up to meet its debts especially if I am a mere shareholder and have nothing to do with the management of the company.

Long Live Limited Liability.

Reply to
Alasdair

No it isn't. An unsecured loan is merely one that is not secured against a specific asset. It is *not* a loan that the customer can refuse to repay without having to worry about the bank being able to seize their (the customers) assets.

From the customers point of view it's actually fairly dumb to take out an unsecured loan if they have assets that can be used to secure it since they could get a better rate by securing it and their assets are at risk either way,

Cheers,

John

Reply to
John Anderton

ITYM : once some people start actually read things like "terms and conditions" and "small print" when taking out a loan (aka "debt")

I hope there aren't that many ignorant people out there who think an "unsecured loan" means "a loan I don't have to pay back if I decide not to no matter how much money/property I've got"

It always has been insane,

Cheers,

John

Reply to
John Anderton

Why is it up to the bank ? If the customer, for whatever reason, wants an unsecured rather than a secured loan, why should the bank refuse ? There are some valid reasons for wanting an unsecured rather than secured loan.

The bank is *not* pretending any such thing. The loans *are* unsecured, if they weren't the bank wouldn't have to go to court as described in the original post.

An unsecured loan represents a greater risk to the bank and therefore attracts a higher rate because :

a) It will cost more to reclaim the debt by gaining access to the customer's assets than for a secured loan b) There will always be some customers who have no assets when they default and so the bank won't get any money back, which won't happen with a secured loan.

It is *not* because the bank cannot get anything back from every customer who defaults on the loan

Cheers,

John

Reply to
John Anderton

I'm not interested in cars I guess you think I shouldn't drive. I'm not interested in cooking I guess I shouldn't eat?

A few small US banks might be bankrupt. I thought a lot of the CDO business was handled in the UK, most of the companies I've seen so far have come out relatively unscathed.

What you mean last years earnings? One bad year, a lot of the banks seem to have come through the initial stage ok. The worrying thing was the secondary effects that seem to be affecting companies like CS who I think posted a loss for the last quarter.

[snip]

What does borrowed short mean? Borrowed on the short term markets and lent on the long term markets? Yes we know the board messed up but the regulators are there to ensure they do not take an inappropriate level of risk. When gambling with other peoples money there is a distinct personal advantage to taking on more risk (I assume you understand why) this is why we need regulation.

Better still they should close banks down before they fail. The regulator should ensure a bank is not allowed to get to the stage of a Northern Rock.

I don't know what you mean. You would prefer a price collapse even if it destabilised the economy? I suppose you would argue a small shock would lead to more stability. I think you are right but the regulators let the situation get to a dangerous stage where a failure may have had a catastrophic knock on effect.

Things go wrong, plan B or plan C life is a gamble.

I actually agree some use of credit is bad. But a system without credit would be stagnant. Our system is based on the entrepreneurial ethic and it has served us well.

Yes I'm not arguing that excessive credit is wrong. I'm arguing that lenders need to be more careful and more carefully regulated.

Why the customer. It is the lenders that should know better?

When did the last major uk high street bank go down and default on its standard accounts?

Due diligence? I'm supposed to do my own research which is better than the rating agencies? How?

I'm not a leftie.

No multinationals clearly define their liability when they enter into loans. I do not think this is unfair.

How would people obtain houses? I guess you would favour renting?

Well as we don't seem to have a whole bunch of alternative money makers in the uk I guess you are hoping for a mega depression in the uk.

Or maybe not. I think the markets will recover quite quickly. My worry is that business will go to Hong Kong and Singapore.

If the banking industry collapses in the uk, sure. If it the banking system survives it is quite possible it will just be a readjustment.

Of course there has been an effort to control it. Haven't we just had all tha Basel II stuff. It is just a very rapid and complicated industry and is difficult to control.

I'm not a leftie, most would consider me economically right wing. I work in derivatives. My only saving grace is that I normally work in interest rate products rather than credit.

Reply to
Nick

No it isn't, as I explained above.

You are making up your own definitions of "unsecured" and "secured" which is all very nice but won't get you anywhere when the banking industry has it's own, very public, definitions that are different.

Only if the banking industry were using your definitions, which it isn't.

Cheers,

John

Reply to
John Anderton

It doesn't matter what terms the banking industry uses it is what the dictionary definition is and if it is unsecured it must not be secured.

If the bank for example defined the term 'loss' as 'annual profit', that might be acceptable to people like you but nobody in their right mind would accept that.

If however it defines 'unsecured' as 'secured' in it's contract then it might get away with it. However it would require a legal and political system rotten to the core to get away with it. So I guess they can count themselves luucky in that respect.

Reply to
Lord Turkey Cough

In message , John Anderton writes

In what way will it cost more? The few quid application costs for a court judgement and charging order versus the secured loan application costs for a possession order are not all that different.

We aren't talking about people with no assets, as their property wouldn't be at risk anyway.

Reply to
Mike_B

In message , John Anderton writes

I'll have to read them myself as well, as I've never seen any that tell you can potentially lose your home by not paying that credit card they sold you to help you get a holiday this year.

They might think "well if I get an unsecured loan it will cost more in interest but at least my family can't lose its home in case I fall ill and cant work.

Reply to
Mike_B

Thanks for the attempt to clarify, however I know the system, and the procedures and have not failed to understand at all. Confirming ownership through the land registry is not expensive or onerous a task and Charging Orders are granted almost as a matter of course if the lender indicates that they wish to apply for one on obtaining a judgement. There is no huge additional cost or great difficulty involved and in the new enforcement regime, they can have one even without the customer having defaulted on a judgement.

Bottom line. When giving secured loans they are legally obliged to warn the customer of the potential consequences of non-payment in a clearly visible warning. If it is a bank's practice to seek to secure defaulted unsecured loans, a similar warning should be required IMO so as not to, wilfully or otherwise, lead to the customer being deceived.

Reply to
Mike_B

In message , "tim (not at home)" writes

Really? In the case of secured loans they are legally obliged to warn that failure to pay can result in the loss of your home. Perhaps they should be equally obliged to put the same warning on their unsecured products if their practice is to go for the house after default.

Reply to
Mike_B

You clearly don't know what "secured" means. Since you've just mentioned "dictionary definition", may I suggest you go and find a dictionary and read up on the subject. Try .

If you lend me money and I don't pay it back as agreed, then you can come and sue me for it, and if you obtain judgement against me and I still don't/can't pay, you can have me declared bankrupt and get your money that way. The official receiver will seize all my assets, sell them, and distribute the proceeds between himself (for his fees and expenses), yourself, any other of my creditors, and myself (if there's anything left). Of course if my debts (plus bankruptcy costs) exceed my assets then you, and all my other creditors, will get back less than you are owed, and I will get nothing (but my slate will be clean).

What I have just described is an unsecured loan. It is general law which provides for this mechanism for recovery of debts. But:

If you lend me money and I pledge an asset as security (also known as collateral) for the loan, and if I don't repay this secured loan as agreed, then you do not need to sue me or have me declared bankrupt. You can simply take the pledged asset, sell it yourself, and give me back the excess of the proceeds over what you're owed. If the asset isn't worth enough to clear the debt, you can *still* sue me for the rest by going after my other unpledged assets.

Now, what a charging order of the variety we've been hearing about does, in connection with an unsecured loan, is to act as a less drastic alternative to the bankruptcy procedure. Instead of forcing repayment of the loan as soon as default has occurred, it offers the soft option of *converting* the unsecured to a secured debt, in recognition of the fact that I do have assets, but that their forced sale would not be in everybody's best interests.

Reply to
Ronald Raygun

Is a home the only asset which they can attach in this way? Surely pretty much anything worth much of anything could get the same treatment?

Well, except a kidney...

FoFP

Reply to
M Holmes

Whether the cost is huge or not needs to be viewed as relative to the size of the loan. It does generally cost a fair amount in legal and recording fees to secure a loan against a property, and if the loan is large enough, it makes economic sense to spend that money, and for the borrower then to benefit from a lower interest rate.

So it makes sense to secure (against a house) a loan used to buy something expensive, like a yacht, or a posh car, or the house itself. If the borrower is going to save many hundreds of pounds in interest, it's worth spending a few hundred on the securing paperwork.

It's not worth spending hundreds on securing a cheap loan, such as for buying a leather sofa.

I take your point, but the consequences of non-payment in the case of a secured loan are *more dire* to the borrower than the consequences of non-payment in the case of an unsecured loan, because the law suit is eliminated. What the customer is being warned against is that the lender can just come and take the asset without going to court first (except where the asset is the borrower's (or borrower's tenant's) home, in which case an eviction order first needs to be obtained, but this is a mere rubber-stamping exercse, and provided the mortgage paperwork is in order, the borrower generally has no chance of opposing an eviction order successfully).

The warning is given because it is expected that the borrower is already aware that in the case of an unsecured loan the lender *cannot* just take the assets, but the court needs first to give approval for this, after listening to any pleas from the borrower first.

Going to court to have an unsecured debt enforced, and subsequently having the bailiffs come round to seize assets, is the default normal position, and there should be no need to warn borrowers against this. They should be expected to know the difference between "loan" and "gift".

I don't see there being any risk of the customer being deceived. The customer will be warned, at the time the conversion from unsecured to secured is being sought, about what that means, and will be given the opportunity to avoid this going ahead by simply paying up if he's able. If he's unable, he would normally welcome the conversion if made aware that the alternative is "bailiffs now".

Mind you, given that warnings in the case of secured loans tend to go along the lines "your home is at risk if you you do not keep up payments on a mortgage or other loan secured against it", it is this wording which can mislead customers into deducing the obverse. They think it means that "your home or other assets are *not* at risk when you fail to make payments on any loan *not* secured against them".

Nobody should really be so stupid as to think this means they can borrow willy nilly and not have to worry about ever repaying anything. But I suppose nanny-state has gone so far now that people are no longer expected to have a basic level of savvy and sense of what is right and wrong and to think for themselves.

To that extent, it is the government's fault, through the FSA and its predecessors, that their warnings about the risk with secured loans may have misled people into thinking that unsecured loans are totally risk free to borrowers.

Reply to
Ronald Raygun

Not only don't you know what secured/unsecured means, you clearly don't know what "polite" means either.

:-]

Reply to
Ronald Raygun

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