December 16, 2005

Mortgage companies (and their allies, foreclosure trustees) tend to among the biggest employers in bankruptcy law, so I had a lot of experience with their seemingly limitless patience in dealing with delinquent accounts. The mantra I used to hear from my firm's biggest client at the time, Freddie Mac, was that "we just want the money, not the house," so my job (I represented instiutional lenders at the time) was twofold.

If the homeowner filed a Chapter 7, I was to get the home out of the bankruptcy completely, so my client could proceed to do what it needed to do under state law (ie., foreclose). However, if the debtor was repaying the outstanding arrearage in a Chapter 13, but fell behind on the plan, my task was to convince the homeowner to buy into an "adequate protection" order. The debtor agreed to pay off the new debt over a six-month period, the creditor continued to receive payments, at least for a time, that reduced the payoff balance, and no one had to take the onerous steps necessary to foreclose on the residence. It's been a few years, but it's interesting to see that they still haven't made foreclosing an efficient process.

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