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DanKarmelSecondPaper 15 - 10 Jun 2010 - Main.DanKarmel
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Mark, See if you can work with this version. I left your comments since I don't know if you've read my responses yet. | |
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< | -- DanKarmel - 01 Jun 2010 | >
> | -- DanKarmel - 10 Jun 2010 | | |
Altercasting The Homeowner | | | Why aren't individual borrowers allowed to play the game too? Instead, they are the ones being called upon to make good on moral obligations somehow being read into the contracts. The altercasting mechanism identified by Leff in Swindling & Selling may help explain the way that borrowers act after the sale, especially when their mortgages are underwater. | |
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< | For one, we call the borrower a “homeowner.” Of course, there’s a difference between that and owning your home free and clear. Yet the mortgage industry wants you to be a homeowner right away, regardless of what sticks you get in that bundle - because why would a homeowner walk away from the home he owns? Additionally, the deal itself is being burdened with all sorts of extraneous notions. Leff notes that we are a society that is skeptical of gifts - "You don't get something for nothing." For borrowers whose homes are underwater, the problem is not that they were mistakenly convinced they were giving something in return, but rather that they are mistaken about what exactly that something was.
In The Path of the Law, Holmes wrote that “[t]he duty to keep a contract at common law means a prediction that you must pay damages if you do not keep it and nothing else.” When you take a mortgage, you borrow money in exchange for a promise to either pay it back or forfeit the security. Although borrowers are aware that they were making an exchange, as opposed to getting a gift, they are mistaken as to the exact nature of that exchange. If they understand that the mortgage crisis is a result of a misalignment of incentives and risk, then perhaps they can look at their own contracts, which are allocations of risk, and more accurately understand what part of that risk they bargained for, if any. | >
> | For one, we call the borrower a “homeowner.” Of course, there’s a difference between that and owning your home free and clear. Yet the mortgage industry wants you to be a homeowner right away, regardless of what sticks you get in that bundle - because why would a homeowner walk away from the home he owns? Additionally, the deal itself is being burdened with all sorts of extraneous notions. In The Path of the Law, Holmes wrote that “[t]he duty to keep a contract at common law means a prediction that you must pay damages if you do not keep it and nothing else.” When you take a mortgage, you borrow money in exchange for a promise to either pay it back or forfeit the security. Although borrowers are aware that they were making an exchange, as opposed to getting a gift, they are mistaken as to the exact nature of that exchange. If they understand that the mortgage crisis is a result of a misalignment of incentives and risk, then perhaps they can look at their own contracts, which are allocations of risk, and more accurately understand what part of that risk they bargained for, if any. | | |
Hi Dan, I'm just going to read back a bare-bone outline of your essay. I'm not even sure what it's about, so maybe if I give you a simple reiteration of my understanding, you can see if you expressed yourself clearly. |
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