During the recession my bankruptcy business was booming with people losing homes.
I have to say, in most cases they did it to themselves. Once someone starts using their homes as an atm, its iver. The borrowing against equity caused values to rise setting of a new round of borrowing. After the new furniture is purchased, the vacations taken, the silly investments failed, the properties were refinanced just to make the huge new mortgage payments. That's just about the time the value gets tapped out and the refinance money train stops. Naturally the loss of the home is going to be a disaster.
Or one could question the lack of regulation that allows banks to give out mortgage loans to people without enough income to sustain them? The way I see it, if a bank gives people a chance to own a house in the knowledge that they will get in financial trouble down the line in an effort to pay for that house it is the bank that is at fault. Not for nothing I'm European, my wife is American and in 2007 I personally saw her best friend being capable of borrowing over 200k when she was in a financial situation that would have caused her to be laughed out of my bank in Europe if she would have asked for that kind of money. So who's fault is it that she goes bankrupt? Hers or the fault of a system that allows borrowing like that?
If you are stupid enough to borrow more then you can comfortably pay back? Then you are the one at fault. Even a six year old can understand that you can not pay someone two dollars if you only have one.
The bank can foreclose and sell the house. If you are older then six then do you really feel that you need someone to hold your hand all the time?
The big difference is between a Broker and a Fiduciary. The Broker is a salesperson who wins when s/he makes a sale, even if the product purchased by the buyer is likely not to his or her benefit.
The bank is the broker, and they will make a loan without full disclosure to the buyer. A fiduciary would not omit telling the buyer that real estate is not a sure thing, and the balloon payment due in 5 years might not be able to be payed off if the home has gone underwater.
The bank then will bundle all the likely failures to payoff the balloon payment and sell them, they they profit twice, and screw both the buyer and those who bought the bundle.
Everyone who has purchased a home, and signed the loan papers signs a large number of documents with large amount of fine print, and is rushed to sign them even when they are not sure; and trust the loan officer who is a broker, not a fiduciary.