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	Comments on: Scheme to seize underwater mortgages	</title>
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	<description>Chronicling the high cost of our legal system</description>
	<lastBuildDate>Wed, 11 Sep 2013 14:30:07 +0000</lastBuildDate>
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		<title>
		By: Colorado recalls; NYC voters spurn Eliot Spitzer - Overlawyered		</title>
		<link>https://www.overlawyered.com/2013/08/scheme-seize-underwater-mortgages/comment-page-1/#comment-237591</link>

		<dc:creator><![CDATA[Colorado recalls; NYC voters spurn Eliot Spitzer - Overlawyered]]></dc:creator>
		<pubDate>Wed, 11 Sep 2013 14:30:07 +0000</pubDate>
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					<description><![CDATA[[&#8230;] P.S. Less happily, voters in Richmond, Calif. are going to let the city administration proceed with a scheme to seize underwater mortgages by use of eminent domain [Daniel Fisher, earlier] [&#8230;]]]></description>
			<content:encoded><![CDATA[<p>[&#8230;] P.S. Less happily, voters in Richmond, Calif. are going to let the city administration proceed with a scheme to seize underwater mortgages by use of eminent domain [Daniel Fisher, earlier] [&#8230;]</p>
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		<title>
		By: DensityDuck		</title>
		<link>https://www.overlawyered.com/2013/08/scheme-seize-underwater-mortgages/comment-page-1/#comment-235677</link>

		<dc:creator><![CDATA[DensityDuck]]></dc:creator>
		<pubDate>Wed, 21 Aug 2013 21:55:53 +0000</pubDate>
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					<description><![CDATA[Gideon Kanner is an idiot.

&quot;most people writing on that subject talk about the right to take, and don’t seem to have a clue that the would-be takers of these mortgages... will have to pay just compensation, i.e., fair market value, not some bargain basement figure pulled out of thin air.&quot;

The &quot;bargian basement figures pulled out of thin air&quot; are &lt;i&gt;what THE BANK ITSELF&lt;/i&gt; says the house is worth. 

On the other hand...
&quot;we are grateful that we are retired and can now view all that as a spectator sport.&quot;

So, you bought your house in 1972 for cash, and now you&#039;re fat and rich off of refinancing and ready to tell us all how your good luck means we have to just shut up and Deal With It?]]></description>
			<content:encoded><![CDATA[<p>Gideon Kanner is an idiot.</p>
<p>&#8220;most people writing on that subject talk about the right to take, and don’t seem to have a clue that the would-be takers of these mortgages&#8230; will have to pay just compensation, i.e., fair market value, not some bargain basement figure pulled out of thin air.&#8221;</p>
<p>The &#8220;bargian basement figures pulled out of thin air&#8221; are <i>what THE BANK ITSELF</i> says the house is worth. </p>
<p>On the other hand&#8230;<br />
&#8220;we are grateful that we are retired and can now view all that as a spectator sport.&#8221;</p>
<p>So, you bought your house in 1972 for cash, and now you&#8217;re fat and rich off of refinancing and ready to tell us all how your good luck means we have to just shut up and Deal With It?</p>
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		<title>
		By: Bob Lipton		</title>
		<link>https://www.overlawyered.com/2013/08/scheme-seize-underwater-mortgages/comment-page-1/#comment-235279</link>

		<dc:creator><![CDATA[Bob Lipton]]></dc:creator>
		<pubDate>Sun, 18 Aug 2013 21:17:06 +0000</pubDate>
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					<description><![CDATA[This and Detroit are fine examples of why one should not lend money.  Unless, of course, one wishes to get rid of &quot;friends&quot;.

Bob]]></description>
			<content:encoded><![CDATA[<p>This and Detroit are fine examples of why one should not lend money.  Unless, of course, one wishes to get rid of &#8220;friends&#8221;.</p>
<p>Bob</p>
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		<title>
		By: Hugo S. Cunningham		</title>
		<link>https://www.overlawyered.com/2013/08/scheme-seize-underwater-mortgages/comment-page-1/#comment-235254</link>

		<dc:creator><![CDATA[Hugo S. Cunningham]]></dc:creator>
		<pubDate>Sun, 18 Aug 2013 16:17:10 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/?p=40710#comment-235254</guid>

					<description><![CDATA[My original understanding of eminent-domain mortgage schemes was that they would pay bona-fide market value, in places where it was substantially less than face value, before arranging a new, downsized loan to solvent employed homeowners able to keep up on the new payments.

Advantage:
Home remains occupied by someone with incentive to maintain it.
Disadvantage:
Unless administrators are careful, they create incentive for solvent homeowners to default in hopes of better deal.  (This is why the new competently-run Fannie Mae did not like the idea.)

Has the honest eminent domain proposal been sidelined nationwide?  Was Richmond CA&#039;s crooked, low-ball approach the real plan from the beginning?]]></description>
			<content:encoded><![CDATA[<p>My original understanding of eminent-domain mortgage schemes was that they would pay bona-fide market value, in places where it was substantially less than face value, before arranging a new, downsized loan to solvent employed homeowners able to keep up on the new payments.</p>
<p>Advantage:<br />
Home remains occupied by someone with incentive to maintain it.<br />
Disadvantage:<br />
Unless administrators are careful, they create incentive for solvent homeowners to default in hopes of better deal.  (This is why the new competently-run Fannie Mae did not like the idea.)</p>
<p>Has the honest eminent domain proposal been sidelined nationwide?  Was Richmond CA&#8217;s crooked, low-ball approach the real plan from the beginning?</p>
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