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Mortgage Lenders Win Battle over Bankruptcies

By: Reerink, Jack | American Banker, June 2, 1993 | Article details

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Mortgage Lenders Win Battle over Bankruptcies


Reerink, Jack, American Banker


WASHINGTON -- In a big victory for home lenders, the Supreme Court ruled Tuesday that borrowers who file for bankruptcy cannot reduce their mortgage debt to the current value of the property.

The decision, which settles conflicting rulings from lower courts, apparently will stop a practice that the mortgage industry had feared would lead to big loan losses.

In recent years, bankruptcy courts have increasingly permitted borrowers to reduce the value of home loans to market value, known as a "cramdown."

For example, a $170,000 loan might be chopped $100,000 if local housing prices had dropped sharply. The remaining $70,000 becomes an unsecured debt, which a …

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