Saturday, April 23, 2005

Without power ideas mean nothing,

However power is not typically universally easy to obtain. As the old adage goes, if it were easy (and obvious) then everybody would be doing it. It might be easy for a few lucky persons who happen to have the right background and happen to be convenient to the general forces of politics, but in general it is not.

Even if one does have the right background, there are others who do also. Being born into the right family does not guarentee that one will become a political leader and even if one does there are others who are also competing. Be born a Bush and you might be President, governor, or maybe just a failed S&L banking executive. By any measure it still is not easy, simply in some cases more possible than others. Nixon and Clinton were both from impoverished or rocky households, but then again so far all our Presidents whatever their humble beginnings have been white men.

Therefore all power requires sacrifices. First it is not easy and then on top of that others are competing for it. This is a truism of every field and profession. However in cases of power it requires sacrifices beyond the discipline and competition itself and having purely to do with manipulating the rules of competition. This is how we can define politics. Politics is politics not merely because it requires sacrifices to master a subject or sacrifices to win a competition but it requires sacrifices in order to manipulate the rules of the system.

A university administrator or departmental provost usually starts out an academic just like other academics. However at some point in time they make a choice. This choice usually involves being offered some key responsibilities for Administration. In order to expand these, they curtail their scholarly teaching and research activities. It is difficult to have both a full scholarly career and to advance in administration. So there are two sacrifices already, one for the mastery of the subject of administration and the other for cutting back scholarly activities to improve the chances of advancement for bureaucratic openings. However this job has not itself yet become political. When the provost or administrator begins shaping their decisions not according to the bureaucratic rules they must master but to advance or maintain themselves in a more favorable light compared to other competitors for reasons outside the strict technical criteria of competition then this becomes political.

So what is the sacrifice in the political? It is freedom. The freedom to make choices about what is the best course to pursue. From this comes the maxim of 'power is its own policy'. Those who tend to rise within a system or stay within it are those who over time are willing to make compromises away from the best course of action and toward that which advances their position within the system. This is why John Kerry did not contest the votes in the Presidential election.

In one sense, it would have cost him little. First of all, he owed it to the people who had voted for him so that they would feel that they had their interests represented aggressively. Secondly, the American electoral system is flawed on a technical basis and forcing these flaws to be exposed would have assisted in its eventual reform. Thirdly, he was at the end of a long and distinguished career of public service. If he had been ostracized for prolonging the vote count and contesting the election it would have only meant a departure to a quite luxurious private life.

On one level, the tatical level his decision makes perfect sense. To understand why we have to refer to a previous historical case. It was the election of John F. Kennedy against Richard Nixon. Nixon lost a very close election and did not choose to contest it. Years later, eight years later in fact, he would return and win the Presidency and in fact go on to win a second term (though of course he resigned partway through the second term).

We can contrast that with the case of Albert Gore. He ran a very close election with GWB. Even if the tally were accounted as the Bush campaign contends it is acknowledged that Gore won the popular vote and only lost the key electoral college Florida vote by a few hundred or thousand votes. In a system rife with errors that is a very small and shaky margin to lose by. However he contested the election and eventually conceded. In doing so he did all the right things from an ethical point of view, but he was still effectively exiled from political life.

To his side he was an embaressing failure and to the the other side he was an uneasy reminder of the shaky mandate and legitimacy of their standard bearer. So he started teaching college and grew a beard and spent more time with his family. Overall I would argue that he is happier, since being the President is no picnic but he was definitely the loser.

So John Kerry is a person who has spent his whole life making compromises to maintain viability. He thinks back to Nixon, and he considers what happened to Gore, and he quickly and quietly concedes defeat. However this begs two questions. The first is that if a person of John Kerry's stature and legacy of public service cannot make sacrifices of power on principle then who can feel free to do so? The second is that Nixon may indeed have become President, but the same monomaniacal focus on power and obtaining it led to the growth a paranoia that would make him cross the line and bring his own Presidency down over a "third rate burglary".

The very sacrifices the power entails: the sacrifices of principle, of opportunities elsewhere, and of public scrutiny cause the power to become very dear to the person. It is indeed what they have given up everything else for. Yet that power by the very nature of its compromised origin will always be beholden to the system that produced it. This is why year after year new persons in the mold of the idealistic "Mr. Smith goes to Washington" seek to go into government and in the end become a part of the system instead of changing it.

The reason is that that whose who won't play ball don't last that long and those that do play ball soon lose track of why they were doing it. They're like these major league baseball players that have competed and slaved an entire lifestime to get to the literal big leagues as far as pay and perks go and then become assholes because they forget why people liked watching baseball: because it was fun. This is why Lord Acton wrote power corrupts and absolute power corrupts absolutely. A collary should be that all power requires sacrifice, and the more power the more sacrifices, and the more is sacrificed for it the harder it is to let go of the power for its own sake.

The system can only change when those who obtain power at the greatest personal cost then sacrifice the power itself to change the system. To change the system means to change the basis of power. It means to undermine one's own power base. Changing the system is the only change that matters, because everything else is produced by the system. The purpose of power is to spend itself in order to make the world a better place. If you end up with power you can either cling to it or you can use it up for the knowledge that you've improved the world.

I'm not sure I know where this line of reasoning is going exactly. This line of thinking is somewhat personally disturbing. Perhaps the only justification for power is that it allows one to move from addressing symptoms and phenomenas and that it gives one the opportunity to address the systemic and root causes.

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How much will a payday loan cost?
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Payday loans are much more expensive than other types of loans, including credit cards. But how much are you really paying? How does the cost of a payday loan compare with taking a cash advance on a credit card, using overdraft protection on your bank account or borrowing on a line of credit?

Let's compare the cost of using different types of loans. We'll assume that you borrow $300, for 14 days. Note the considerable difference in the cost of each type of loan.

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Even if you think you may be turned down, ask your bank or credit union for overdraft protection on your bank account, or a line of credit. These are relatively inexpensive ways of obtaining access to extra funds, for short-term use.


If you are turned down for any of these credit options, ask why. If the reason is that you have a poor credit history, contact the three credit-reporting agencies to get a copy of your credit report. Read the reports carefully to make sure that all of the information in it is correct. If you find any errors, contact the credit-reporting agency to find out how you can have the information corrected. The three major credit-reporting agencies in Canada are Equifax Canada, TransUnion Canada and Northern Credit Bureaus. All three of these agencies will give you a copy of your credit report for free if you request that it be sent to you by regular mail.


Ask yourself if you really need to take out a loan, or whether you can get by until your next pay cheque. If you need the money immediately, try to make other arrangements. For example, you may be able to cash in vacation days. Or you might consider getting a short-term loan from a family member or a friend.


If you find that you need to apply for a payday loan because you have no alternative, only borrow an amount that you are 100 percent sure you can repay on the due date of the loan.


Don't borrow more than you need.

Things to consider if you take out a payday loan
Don't be afraid to ask a lot of questions. Read carefully — and take home with you — a copy of the loan agreement that you are being asked to sign. Don't feel pressured to sign the loan agreement right away if you have questions and want more time to read through the agreement on your own. If the lender does not want to give you a copy of the agreement, look for another lender.


Be sure to ask about all the fees, charges and interest that apply when you first get the loan, and what other charges you will owe if you can't pay the loan back on time.


If you are taking out a payday loan at another location to pay back the first payday loan, or you are extending or "rolling over" the loan that you had with the same lender, you could find yourself in serious financial difficulty. The fees, charges and interest will add up quickly on these types of loans, which can put you into serious debt.
How can I figure out the cost of each type of loan?
To estimate the total cost of a loan, including the annual cost of the loan expressed as a percentage of the amount borrowed, follow the steps below.

Step 1:

Determine how much interest you will pay. First, find out the annual interest rate that applies to the loan (if there is one). Figure out the daily interest rate by dividing the annual interest rate of the loan by 365 days. Then, multiply that rate by the length of time you are taking the loan. Finally, multiply the result by the amount you will borrow, in dollars:


Amount of interest

= Annual interest rate

--------------------------------------------------------------------------------
365 days × Length of the loan
(number of days) × Amount of the loan

Step 2:

Determine the total cost of the loan by adding any fees that may apply to the interest you will have to pay. Find out what fees apply to the loan and add them to the cost of the interest, found in Step 1:


Total cost of the loan = Amount of interest + Total fees


Step 3:

Estimate the annual cost of the loan, expressed as a percentage of the amount borrowed. First, divide the total cost of the loan, found in Step 2, by the amount of the loan. Then, divide this rate by the length of time you are taking the loan (in days) and multiply it by 365 (the number of days in the year):


Annual cost of the loan (%)

= Cost of the loan

--------------------------------------------------------------------------------
Amount of the loan ÷ Length of the loan
(number of days) × 365 days

Let's find out the cost of a $300 payday loan, taken for 14 days.

We'll assume that the lender charges you a one-time set-up fee of $10 and a service fee of $40, which includes interest on the loan.


Step 1:

Determine how much interest you will pay. In this case, there is no interest fee. The interest is therefore $0.


Step 2:

Figure out the cost of the loan by adding together any fees that apply and the interest you will have to pay. In this case, you would add the $10 set-up fee and the $40 service fee together:

$10 + $40 = $50


Step 3:

Estimate the total annual cost of the loan, expressed as a percentage of the amount borrowed:


Annual cost of the loan (%)

= Cost of the loan

--------------------------------------------------------------------------------
Amount of the loan ÷ Length of the loan
(number of days) × 365 days
= $50
———— ÷ 14 days × 365 days
$300
= 4.35 or approximately 435%

The total cost of the payday loan would be $50 with an annual cost of 435 percent of the amount borrowed.






Information asymmetries are common in credit market models, but the usual assumption,

at least in commercial lending, is that borrowers are the better informed party and that

lenders have to screen and monitor to assess whether

firms are creditworthy. The opposite
asymmetry, as we assume here, does not seem implausible in the context of consumer lending.

"Fringe" borrowers are less educated than mainstream borrowers (Caskey 2003), and many

are

first-time borrowers (or are rebounding from a failed first foray into credit). Lenders
know from experience with large numbers of borrowers, whereas the borrower may only have

their own experience to guide them. Credit can also be confusing; after marriage, mortgages

are probably the most complicated contract most people ever enter. Given the subtleties

involved with credit, and the supposed lack of sophistication of sub-prime borrowers, our

assumption that lenders know better seems plausible.

While lenders might deceive households about several variables that in

fluence household
loan demand, we focus on income. We suppose that lenders exaggerate household's future

income in order boost loan demand. Our borrowers are gullible, in the sense that they can

be fooled about their future income, but they borrow rationally given their beliefs. Fooling

borrowers is costly to lenders, where the costs could represent conscience, technological costs

(of learning the pitch), or risk of prosecution. The upside to exaggerating borrowers' income

prospects is obvious—they borrow more. As long as the extra borrowing does not increase

default risk too much, and as long as deceiving borrowers is easy enough, income deception

and predatory—welfare reducing—lending may occur.

After de

fining predatory lending, we test whether payday lending fi ts our definition. Payday
lenders make small, short-term loans to mostly lower-middle income households. The

business is booming, but critics condemn payday lending, especially the high fees and frequent

loan rollovers, as predatory. Many states prohibit payday loans outright, or

indirectly,
via

usury limits.
To test whether payday lending quali

fies as predatory, we compared debt and delinquency
rates for households in states that allow payday lending to those in states that do not. We

focus especially on di

fferences across states households that, according to our model, seem
more vulnerable to predation: households with more income uncertainly or less education.

We use smoking as a third, more ambiguous, proxy for households with high, or perhaps

hyperbolic, discount rates. In general, high discounters will pay higher future costs for a

given, immediate, gain in welfare. Smokers' seem to

fit that description. What makes the
smoking proxy ambiguous is that smokers may have hyperbolic, not just high, discount rates.

Hyperbolic discount rates decline over time in a way that leads to procrastination and selfcontrol

problems (Laibson 1997). The hyperbolic discounter postpones quitting smoking,

or repaying credit. Without knowing whether smokers discount rates are merely high, or

hyperbolic, we will not be able to say whether any extra debt for smokers in payday states

is welfare reducing.

2
Given those proxies, we use a di

fference-in-difference approach to test whether payday
lending

fits our definition of predatory. First we look for diff erences in household debt
and delinquency across payday states and non-payday states, then we test whether those

di

fference are higher for potential prey. To ensure that any such differences are not merely
state e

ffects, we difference a third time across time by comparing whether those di fferences
changed after the advent of payday lending circa 1995. That triple di

fference identifies any
di

fference in debt and delinquency for potential prey in payday states after payday lending
was introduced.

Our

findings seem mostly inconsistent with the hypothesis that payday lenders prey on,
i.e., lower the welfare of, households with uncertain income or households with less education.

Those types of households who happen to live in states that allow unlimited payday loans

are less likely to report being turned down for credit, but are

not more likely, by and large,
to report higher debt levels, contrary to the overborrowing prediction of our model. Nor are

such households more likely to have missed a debt payment in the previous year. On the

contrary, households with uncertain income who live in states with unlimited payday loans

are

less likely to have missed a debt payment over the previous year. The latter result is
consistent with claims by defenders of payday lending that some households borrow from

2

Consistent with a high discount rate, Munasinghe and Sicherman (2000) discover that smokers have
fl

atter wage profiles and they are willing to trade more future earnings for a given increase in current earnings.
Gruber and Mulainathan (2002)

find that high cigarette taxes make smokers "happier," consistent with
hypberbolic discount rates (because taxes help smokers commit to quitting). DellaVigna and Malmendier

(2004) show how credit card lenders can manipulate hyperbolic discounters by front-loading bene

fits and
back-loading costs.

payday lenders to avoid missing payments on other debt. On the whole, our results seem

consistent with the hypothesis that payday lending represents a legitimate increase in the

supply of credit, not a contrived increase in credit demand.

We

find some interesting differences for smokers, but those diff erences are harder to
interpret in relation to the predatory hypothesis without knowing

apriori whether smokers
are hyperbolic, or merely high, discounters.

We also

find, using a small set of data from different sources, that payday loan rates
and fees decline signi

ficantly as the number of payday lenders and pawnshops increase.
Reformers often advocate usury limits to lower payday loan fees but our evidence suggests

that competition among payday lenders (and pawnshops) works to lower payday loan prices.

Our paper has several cousins in the academic literature. Ausubel (1991) argues that

credit card lenders exploit their superior information about household credit demand in their

marketing and pricing of credit cards. The predators in our model pro

fit from their information
advantage as well. Our concept of income delusion or deception also has a behavioral

fl

avor, as well, hence our use of smoking as a proxy for self-control problems. Brunnermeier
and Parker (2004), for example, imagine that households

choose what to expect about future
income (or other outcomes). High hopes give households' current "felicity," even if it

distorts borrowing and other income-dependent decisions. Our households have high hopes

for income, and they make bad borrowing decisions, but we do not count the current felicity

from high hopes as an o

ffset to the welfare loss from overborrowing.
Our costly falsi

fication (of household income prospects) and costly verification (by counselors)
resemble Townsend's (1979) costly state veri

fication and Lacker andWeinbergs' (1989)
costly state falsi

fication. The main difference here is that the falsifying and verifying comes
before income is realized, not after.

More importantly, we hope our

findings inform the current, very real-world debate,
around predatory lending. The stakes in that debate are high: millions of lower income

households borrow regularly from thousands of payday loan o

ffices around the country. If
payday lenders raise household welfare by relaxing credit constraints, anti-predatory legislation

may lower it.

Payday lenders make small, short-term loans to households. The typical loan is about $300

for two weeks. The typical fee is $15 per $100 borrowed. Lenders require two recent pay

stubs (as proof of employment), and a recent bank account statement. Borrowers secure

the loan with a post-dated personal check for the loan amount plus fees. When the loan

matures, lenders deposit the check.

Payday lending evolved from check cashing much like bank lending evolved from deposit

taking. For a fee, check cashiers turn personal paychecks into cash. After cashing several

paychecks for the same customer, lending against

f uture paychecks was a natural next step.
High

finance charges is the main criticism against payday lenders. The typical fee of $15
per $100 per two weeks implies an annual interest rate of 15

x365/14, or 390 percent. Payday
lenders are also criticize for overlending, in the sense that borrowers often re

finance their
loans repeatedly, and for "targeting" women making the transition from welfare-to-work

(Fox and Mierzewski 2001) and soldiers (Graves and Peterson 2004).

Despite their critics, payday lending has boomed. The number of payday advance o

ffices
grew from 0 in 1990 to 14

, 000 in 2003 (Stegman and Harris 2003). The industry originated
$8 to $14 billion in loans in 2000, implying 26-47 million individual loans. Rapid entry

suggests the industry is pro

fitable.
Payday lenders present sti

ff competition for pawnshops, even though the internet, namely
E-bay, signi

ficantly foreclosure costs for pawnshops (Caskey 2003). The number of pawn
shops in the U.S. grew about six percent per year between 1986 and 1996, but growth

essentially stalled from 1997 to 2003. Prices of shares in EZCorp, the largest, publicly

traded pawn shop holder, were essentially

flat or declining between 1994 and 2004, while
Ace Cash Express share prices, a retail

financial firm selling check cashing and payday loans,
rose substantially over that period (Figure 4). EZCorp CEO, Joseph Rotunday, blamed

payday lenders for pawnshops' dismal performance:

The company had been progressing very nicely until the late 1990s.... (when)

a new product called payroll advance/payday loans came along and provided our

customer base an alternative choice. Many of them elected the payday loan over

the traditional pawn loan. (Quoted by Caskey (2003) p.14).

Payday lending is heavily regulated (Table 1). As of 2001, eighteen states e

ffectively
prohibited payday loans

via usury limits, and most other states prices, loan size, and loan
frequency per customer (Fox and Mierzwinski 2001). Note that the payday loan limit ranges

from 0 (where payday loans are illegal) to 1250. Nine states allow unlimited payday loans.

Payday lenders have circumvented usury limits by a

ffiliating with national or state
chartered banks, but the Comptroller of the Currency—the overseer of nationally chartered

banks–recently banned such a

ffiliations. The Federal Deposit Insurance Corporation still
permits payday lenders to a

ffiliate with state banks, but recently restricted those partnerships
(Graves and Peterson 2005).

Regulatory risk—the threat of costly or disabling legislation in the future—looms large for

Payday lenders. The Utah legislature is reconsidering its permissive laws governing payday

lending. North Carolina recently drove payday lenders from the state by expressly outlawing

the practice.

Heavy regulation increases the cost of payday lending. High regulatory risk increases limits

entry into the industry and increases the expected return required by industry investors.

Driving up costs and driving away investors may be exactly what regulators intended if they

view payday lending as predatory.
We de

fine predatory lending as a welfare reducing provision of credit. Households can be
made worse o

ff by borrowing if lenders can deceive households into borrowing more than is
optimal. Excess borrowing reduces household welfare, and may increase default risk.

We illustrate our concept of predatory lending in a standard model of household borrowing.

Before we get to predatory lending, we review basic principles about welfare

improving
lending, the type that lets households maintain their consumption despite

fluctuations in
their income.

The model has two periods: today (period zero) and payday (period one. Household income

goes up and down periodically, but not randomly (for now): income equals zero today

and

y on payday. If households consume Ct in period t, their utility is U (Ct) .Household welfare
is the sum of utility over both periods:

U (C0)+ δU (C1), where δ equals the household's
time rate of discount. Households with high

δ value current consumption highly relative to
future consumption. In other words, high discounters are impatient.

A digression here on discount rates serves later discussion. In classical economics

δ is
constant. If

δ changes over time, so does household behavior, even if nothing else changes.
If

δ(t) is hyperbolic, households will postpone unpleasant tasks until current consumption
does not seem so precious relative to future consumption (Laibson 1997). With hyperbolic

discounting, that day never arrives, so hyperbolic discounters have behavioral problems: they

procrastinate. They may never repay debt, much less begin saving. Hyperbolic discounters

who start smoking may never quit.

Returning to the model, if the marginal utility of consumption (

U 0) is diminishing, households
will demand credit to reduce

fluctuations in their standard of living. Households
without credit, however, must fend for themselves (autarky). Welfare under autarky equals



U

(0)+δU (y). The fluctuations in consumption for households without credit make autarky
a possible worst case, and hence, a good benchmark for comparing cases

with credit.
If households borrow

B at interest rate r, welfare equals U (B) + δU (y − (1 + r)B).
Borrowing increases utility in period zero, when the proceeds are consumed, but lowers utility

in period one, when households pay for their borrowing. Rational, informed households trade

o

ff the good and bad side of borrowing; they borrow until the marginal utility of consuming
another unit today just equals the marginal, discounted

disutility of repaying the extra debt
on payday:



U

0(B) = δ(1 + r)U 0(y − (1 + r)B). (1)
Equation (1) determines household loan demand as a function of their income, their

discount rate, and the market interest rate:

B(y, δ, r). For standard utility functions,
household loan demand is increasing in income and decreasing in the discount factor and

interest rate:

By > 0; B δ < 0; Br < 0. Household welfare with optimal borrowing equals


U

(B(y, r, d))+δU (y − (1+r)B( y, r, δ)). As long as households follow (1), their welfare with
positive borrowing must be higher than without (autarky).

The welfare gain from borrowing depends on the cost of credit production. Suppose the

cost of lending $

B to a particular household equals (1 + ρ)B + f, where ρ represents the
opportunity cost per unit loaned and

f is the fixed cost per loan. Think of f as the cost
of record-keeping and credit check required for each loan, however large or small the loan

may be. If the going price for loans is (1+

r) per unit borrowed, the lenders' profits equal
(

r − ρ)B − f.


With perfect competition among lenders, the loan interest rate is competed down until

it just covers the costs of the loan:

r = ρ + f /B. Equilibrium r and B are determined
where that credit supply curve equals demand (1).

Equilibrium in the payday credit market is illustrated in Figure (3). If

fixed costs per loan
are prohibitively high, the market may not exist. Perhaps the payday lending technology

lowered the

fixed cost per loan enough to make the business viable.3 Before the advent of
payday lending, households who applied to banks for a very small, short-term loan may have

been denied.

Fixed costs per loan imply that smaller loans will cost more per dollar borrowed than

larger loans. That means households with low credit demand will pay higher rates than

households with high loan demand. Loan demand is increasing in income, so high income

households who demand larger quantities of credit will enjoy a "quantity" discount, while

lower income households will pay a "small lot" premium, or penalty. That price "discrimination"

is not invidious, however; the higher cost of smaller loans re

flects the fixed costs of
lending. The high price of payday loans may partly re

flect the combination of fixed costs
and small loan amounts (Flannery and Samolyk 2005).

A usury limit lowers household welfare. Suppose the maximum legal interest rate is

r.


At that maximum rate, the minimum loan that lenders' cost is

f /(r− ρ) = B. Low income
households with loan demand less than

B face a beggar's choice: borrow B at r or do not
borrow at all. Such households would be willing to pay more to to avoid going without

credit, so raising the usury limit would raise welfare for those households.

Competition is another key determinant of how much households gains from borrowing.



3

Alternatively, or additionaly, the demand for small, short term loans may have increased in the mid
1990s. The welfare reform then almost certainly increased demand for such credit as households who once

"worked" at home for the government were forced to go to work in the market.

Even with no competition — monopoly—households cannot be worse o

ff than under autarky.
The monopolist raises interest rates until the marginal revenue from higher rates equals the

marginal cost from lower loan demand:



B

(y, r) = −(r − ρ)Br(y, r) . (2)
At that monopoly interest rate,

rm, household loan demand equals B(y, rm).Household welfare
under monopoly equals

U (Br(y, r m))+δU (y −(1+ rm)Br(y, r m)). Welfare is lower under
monopoly because credit costs more and their standard of living

fluctuates more (because
costly credit reduces their demand for credit) If households borrow from the monopolist,

however, they must better o

ff than without credit.
In sum, welfare for rational households is highest if credit is available at competitive

prices. If households choose to borrow, they must be at least as well o

ff as they were
without credit. Limiting loan rates cannot raise household welfare and may reduce it.

Monopoly lenders lower household welfare, but even with a monopolist, households cannot

be worse o

ff than without credit.
The high cost of payday lending may partly re

flect fixed costs per loan. Before payday
lending, those

fixed costs may have been prohibitive; very small, short-term loans may not
have been worthwhile for banks. The payday lending technology may have lowered those



fi

xed costs, thus increasing the supply of credit to low income households demanding small
loans. That version of the genesis of payday lending suggests the innovation was welfare

improving, not predatory.





In the textbook model household welfare cannot be lower than under autarky because households

are fully informed and rational. Here we show households how can be made worse o

ff


than without credit if predatory lenders can delude households about their (households')

future income.

Suppose that by spending

C(τ ), lenders can convince a prospective borrower that her
income on payday will be

y +τ. The cost C can be interpreted variously as the cost of a guilty

 
At December 28, 2008 at 9:18 PM, Anonymous Anonymous said...


Judicial Foreclosure

The judicial process of foreclosure, which involves filing a lawsuit to obtain a court order to foreclose, is used when no power of sale is present in the mortgage or deed of trust. Generally, after the court declares a foreclosure, your home will be auctioned off to the highest bidder.

Using this type of foreclosure process, lenders may seek a deficiency judgment and under certain circumstances, the borrower may have up to one (1) year to redeem the property.

Non-Judicial Foreclosure

The non-judicial process of foreclosure is used when a power of sale clause exists in a mortgage or deed of trust. A "power of sale" clause is the clause in a deed of trust or mortgage, in which the borrower pre-authorizes the sale of property to pay off the balance on a loan in the event of the their default. In deeds of trust or mortgages where a power of sale exists, the power given to the lender to sell the property may be executed by the lender or their representative, typically referred to as the trustee. Regulations for this type of foreclosure process are outlined below in the "Power of Sale Foreclosure Guidelines".

Power of Sale Foreclosure Guidelines

If the deed of trust or mortgage contains a power of sale clause and specifies the time, place and terms of sale, then the specified procedure must be followed. Otherwise, the non-judicial power of sale foreclosure is carried out as follows:
A notice of sale must be: 1) recorded in the county where the property is located at least fourteen (14) days prior to the sale; 2) mailed by certified, return receipt requested, to the borrower at least twenty (20) days before the sale; 3) posted on the property itself at least twenty (20) days before the sale; and 4) posted in one (1) public place in the county where the property is to be sold.
The notice of sale must contain the time and location of the foreclosure sale, as well as the property address, the trustee's name, address and phone number and a statement that the property will be sold at auction.

The borrower has up until five days before the foreclosure sale to cure the default and stop the process.
The sale may be held on any business day between the hours of 9:00 am and 5:00 pm and must take place at the location specified in the notice of sale. The trustee may require proof of the bidders ability to pay their full bid amount. Anyone may bid at the sale, which must be made at public auction to the highest bidder. If necessary, the sale may be postponed by announcement at the time and location of the original foreclosure sale.

Lenders may not seek a deficiency judgment after a non-judicial foreclosure sale and the borrower has no rights of redemption..



http://www.CalifoniaLoanRate.com

 

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