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Thursday, March 06, 2008
Roger Schlesinger :: Townhall.com Columnist
All Debt is Not Created Equal
by Roger Schlesinger
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Does it matter that the headline is correct or do you believe I am just splitting hairs? If you owe a bundle how important is the fact that the parameters of the debt can be widely different? Is unsecured debt really unsecured? Why is mortgage debt generally superior to all debt? If you fail to understand the differences in debt, the nuances of the questions and

the need to be able to move to correct the mistakes, you will spend a great deal of your life being the odd-man out.

Let us start with credit card debt, which most people will tell you is unsecured (not attached to any of your assets). In reality this debt is more secured than specific debt such as your home mortgage and your automobile. Why? Because the credit card companies have spent a "ton" of money to make sure you cannot discharge their debt through bankruptcy as easily as you used to be able to. Unsecured debt is really secured by all of your assets while specific secured debt is just secured, for the most part, by the asset used for security. Failure to make your car payment and your car will be reposed. If their is a deficiency after the repossession it generally is written off.

Mortgage debt is secured but definitely different than normal secured debt. In most states if you take out a mortgage to purchase a house it is considered a "purchase money" mortgage. That term used to be reserved for a mortgage given by the seller of the property

to the buyer. Again in most states it simply means the mortgage you take to buy the house regardless of who is giving it to you. These mortgages, purchase money, are deficiency free, again in most states. In other words you can walk away from the property without any worry about any loss to the mortgage holder. THIS IS NOT TRUE FOR REFINANCED MORTGAGES! (however it can be - read on).

In states where a mortgage is really a note secured by a deed of trust the holder of the note can foreclose on the borrower if payments are missed by electing to sell the house at a public auction to the highest bidder, after sufficient notice is given. If that occurs and the buyer loses the house all liability is dismissed in case of a loss.(Coincidentally, the current owner can go to the foreclosure sale and buy the house from the lender who is foreclosing on him. When that happens, rarely, it is really a form of public negotiation.)

In the aforementioned states when a lender wants to go after the borrower then they use a judicial foreclosure, through a court, and the liability is assigned to the borrower. This is rarely used because the borrower has a year to right the ship and pay the debt and get the property back. Lenders do not want to hold the property for a year and thus this method is more a "big threat" more than an actual solution.

Writers note: These are general rules and can differ in your state, county or township.

Check with the real estate official to be sure of the rules and regulations in your area.

Debt is priced in relation to the security given the credit granter. Mortgages are considered the safest debt because they are secured by , for the most part, the most stable asset.

(current times would contradict that statement but over the long haul it is probably true).

Mortgage debt is currently priced in a range from the shorter amortization (time to pay back the loan) to the longer amortization. Rates run from the high 4% range to the 6% range for 10 and 15 year fully amortized loans. For longer amortized loans, 20 to 30 or even 40 years, rates go from the high 5% range into the high 7% range. Second mortgages and Helocs are priced higher. Most mortgages have interest that is tax deductible. This is not determined by the loan but by the economic situation particular to the borrower. (Check with your tax consultant) Continued...

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About The Author

Roger Schlesinger's Mortgage Minute is heard on hundreds of radio stations and daily on the Hugh Hewitt radio show and Michael Medved shows. Roger interacts with his hosts and explores the complicated financial markets in order to enlighten his listeners and direct them along their own unique road to financial freedom.

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Skipping39
INDYMAC BANCORP (IMB) is out of business? Someone should tell the NYSE, where it closed today at 4.82, down 37 points in the last 52 weeks. However, the firm he used to run is out of business. Thanks for asking.

KEEL
FYI-
There no longer exists a subprime mortgage marketplace. Most of companies originating these mortgages are out of business now. Therefore, the author is NOT 'working for an employer affiliated with one of the largest subprime lenders.' He does have many years experience as a residential mortgage originator, however.
Although I agree with JF that this article does not really make any point, I see no problem with the comments regarding different types of debt.
Hopefully, there will be some person reading the article who will come to the conclusion that irrersponsible credit card spending is a major mistake and therefore will refrain from doing it.
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