http://www.nypost.com/p/news/local/judge_kos_mortgage_to_slap_bank_28ZS1oW8Y58z6gu1AQbWMI

I have one where I am negotiating a short sale with OneWest. Thanks for the article, I think I will send it along with my counteroffer.

Will be overturned on appeal. There are lots of nutty lower court judges but the system gets a little better as you move up the ladder.

Check out this story: http://www.nypost.com/p/news/local/judge_kos_mortgage_to_slap_bank_28ZS1oW8Y58z6gu1AQbWMI Apparently a judge cancelled a borrowerâ€™s debt to a mortgage company because they used â€œunfair tacticsâ€ trying to collect. This could be a dangerous precedent. It could make lenders skittish about making loans if they have to worry about some judge canceling the debt because he doesnâ€™t like â€œgreedy lenders.â€ It could have borrowers attempting to have their loans forgiven instead of repaying the mortgage they agreed to. I would expect this to be overturned on appeal. The lender is not obligated to rework a loan if they have no desire to do so. :cool:

Eddie, what is the pro-consumer stance? If judges can capriciously decide when a loan gets paid and when it gets "waived," lenders will factor that into their risk-assessment and increase their rates. This will make loans more expensive for everyone and harder to get. I think it is pro-consumer to preserve the sanctity of contracts. (The idea that supporting a cause in an individual case is good for that cause in general is a fallacy.) BTW, I think Roberts is a big improvement over Rhenquist but that's a subject for a different forum.

With regard to Justice Roberts, I cannot understand how a distinguish judge, aways in his entire carrier sided with the corporate side. Not even once he did anything differently. If this is not activism, I don't know what it is...

What was the name of that judge? I have several homes I would like to own free and clear :)

The article indicates to me that lots of people seek no advice when making major financial decisions. Unfortunately, some lenders were willing to give these borrowers some rope. I'm sure there is more to the story than the article tells. I agree that this will be overturned.

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