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Proposed Mortgage Modifications in Bankruptcy Code

Todd Zywicki
January 22, 2009
Financial Markets, Housing and Urban Development, Financial and Monetary, Mercatus
Congressional Testimonies
Download Document   pdf

As the nation currently faces a foreclosure crisis of historic proportions with many homeowners in grave financial troubles, the desire to "do something" to address this crisis is understandable. It is thus tempting for law makers to amend the Bankruptcy Code to permit modifications of home mortgages since it appears not to require government expenditure. However, the cost of modifying mortgages in bankruptcy, known as "cram down" in bankruptcy lingo, will have enormous costs not only on aspiring future homeowners, but on any American who uses any kind of credit. This written testimony, prepared for submission to the House Subcommittee on Commercial and Administrative Law, elaborates that a "cram down" amendment will lead to an increase in the risk of home mortgage lending, and a dramatic increase in Bankruptcy filings, which will in turn have spillover effects on other consumer credit facilities.



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