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Under these rules, why would anyone who is not the holder of the first mortgage grant the property owner the second mortgage?
Typically, I would expect that the total mortgages on a property are generally less than the house is worth (aside from market fluctuations). But then it would be in the interest of the owner to sell of the property before it gets foreclosed upon, so they at least make the difference between the sale price ant the outstanding mortgages back rather than nothing.
Yes, in my view, there is a strong disincentive. And in fact I hypothesized elsewhere that this is the actual point of the law: To ban working class homeowners from taking out loans which are not in the homeowners' best interests and are often predator in nature.
Yeah, and I think that foreclosures are strongly correlated with significant drops in the real estate market.
But still, this law would (arguably) offer distressed homeowners another option: Allow the house to go into foreclosure and then buy it back at the upset price with financing from another lender.
I think the actual point of the law was to allow lefty NGOs to get homes, though whether they'd move Democrats into them in a reverse-gerrymandering maneuver or just resell them for profit in an ordinary corruption maneuver could go either way in New Jersey.
Well what do you make of the fact that (apparently) anyone and his brother can just set up a not-for-profit and take advantage of the law? Since you are apparently familiar with New Jersey, you probably know which town in Ocean County would end up having 20 or 30 sketchy "community investment" non-profits set up. Is this something the lawmakers failed to consider? I don't know. The whole law seems pretty half-baked to me.
I don't know much about Ocean County (though I assume you're referring to Lakewood), but I'd expect any such law to be taken advantage of by local networks of corrupt people, whether that was intended or not.
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