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  • irishtimes.com - Posted: October 12, 2009 @ 1:30 pm

    Should borrowers be forced to opt for bankruptcy-lite IVAs?

    Laura Slattery

    Prize-winning economist Joseph Stiglitz told The Irish Times last week that a percentage of the debt of mortgaged-to-the-hilt people in negative equity should be lopped off. This, he said, would assist economic activity, by alleviating the sense of entrapment that people feel. It’s an easy stimulus that would also create more realistic bank balance sheets. (Read Colm Keena’s interview with Stiglitz here.) It also sounds attractively like getting a voucher for money off after you’ve paid for the (overpriced) goods. Please quote the promotional code “NAMA”.

    One day later and the renewed Programme for Government proposed by Fianna Fail and the Green Party were touting the arrival of IVAs, or individual voluntary arrangements, a kind of court-free bankruptcy-lite process currently available to UK residents. Under an IVA, debt-riddled consumers can get a certain percentage of their debts written off if they come clean and – via the mediation of an insolvency adviser (a private company!) – successfully persuade three-quarters of their creditors to agree to a new schedule of reduced repayments. If they do, this is then binding on all the creditors.

    Hmmm. This is just not the same thing at all. Sure, it might mean that some people who would be evicted from their homes under the current system would live to pay another loan repayment. Superficially, it seems like a good deal for bedraggled borrowers if they can get 62 per cent of their debts written off (the average last year in the UK). But IVAs can be insidious voluntary arrangements, too. For a start, it stands to reason that lenders would not agree to an IVA if they didn’t think they would work in their favour.

    In the middle, a swathe of licensed insolvency advisers take their cut (in the UK, this is usually a couple of grand). That might generate a spot of employment for some out-of-work mortgage brokers: IVAs become next season’s debt consolidation deals. But are commercial insolvency practitioners really the kind of jobs that we want to create? Needless to say while others are enriching themselves on the back of the difficulties you’ve suffered as a result of the mismanaged economy, your credit rating will be flushed down the toilet (not that banks will be lending to anyone anyway).

    The scheduled repayments, which typically last three to five years, are rigid, formal agreements: if you can’t keep to it, you are plunged into the very bankruptcy you were hoping to avoid.  I know, that sounds a lot like a mortgage or any other loan. But borrowers were motivated by the desire for security (not greed) when they signed up to a mortgage. Sign your name to an IVA and you are effectively admitting culpability: your debt, your problem. That may be fine, but it does absolve the Government from having to force Ireland’s zombie banks to reduce borrowers’ debts in a manner that admits their culpability.

    The Government is “overpaying” for the Nama assets by some €7 billion over the current market value. Asked why, Minister for Finance Brian Lenihan said this: “We’re talking about distressed loans, we’re talking about a distressed market, and you are entitled to make some allowance for long-term value… After all, if you look at it from the point of view of the bank – which is not a popular way to look at it, I accept that – why wouldn’t they just hold onto the loans and work them out themselves, if there was absolutely no premium involved?”

    If you’re feeling a little shivery reading that, then it’s probably because you know you’re not going to get your “premium”, even though you’re a part of that distressed market too. Instead, you’ll be getting an economy marred by cuts to wages and welfare that will only increase the real value of your debts. Without a corresponding reduction in your loans, this painful slump will last a lot longer for everyone.

    Of course, existing court debt enforcement procedures are Dickensian and individual voluntary arrangements – key word “individual” – as they exist in the UK will help reform this particular problem and spare some misery. But they are not the right mechanism to prevent Ireland’s zombie banks from breeding zombie consumers.

  • 6 Comments »

    1.
    October 12, 2009
    3:05 pm

    Talk about voodoo economics. As someone who owns his house outright I am/would be appalled if taxpayer money was being used to prop up the loser banks and now defaulting customers. While no one wants to see vacant houses ransacked etc surely the ethical way to go is for the former owner to be offered some form of tenancy with a buy back option in the future if everything is going to be so rosy . Remember there are a lot of renters out there and it seems highly unfair that they have to support their neighbours given the fact that it was been rubbed in their faces for ever that rent is dead money.

    Comment by Liam
    2.
    October 12, 2009
    9:11 pm

    It’s true that moral hazard is everywhere these days… I don’t think taxpayers’ money should be used to “prop up” defaulting customers, but the banks’ money. Those lines are somewhat blurred now, granted, in the case of the Nama banks.

    Comment by Laura Slattery
    3.
    October 12, 2009
    9:34 pm

    The IVA in the UK has helped many thousands of people with overwhelming debts to draw a line in the sand and get on with their lives. It is unfortunate that a similar debt management tool is not yet available in Ireland as many families would benefit from a formal and binding agreement with their creditors as a way of resolving a problem debt situation.

    In the UK IVA’s take many forms – some involve a fixed monthly payment over an agreed amount of years whilst others may involve the sale of an asset (property etc) in order to arrive at a settlement agreement with creditors. They are not without a certain amount of pain but do offer a real goal for a person to become debt free however.

    As a nation with limited debt help options an ‘Irish IVA’ will be warmly welcomed by thousands of families with no real hope of getting out of debt given the existing legislation.

    Comment by Sean Tyrer
    4.
    October 12, 2009
    11:13 pm

    I think it’s time to forget about moral hazard and face up to the damage negative equity will do to this country and to a generation of its citizens. The government should use NAMA to take over a portion (20%-30%) of mortgage debt from households in negative equity. They then either take an equity stake in the house or provide a no interest loan. It would provide the economy with a much needed boost and wouldn’t condemn people to live in 2 bed apartments for the next 20 years!!!

    Comment by Dave
    5.
    October 14, 2009
    9:25 am

    David , to be fair no one has a right to a 4 bedroom house in the burbs , at some time in the future the poor unfortunates who have ignominy of having to suffer living in apartments will eventually have an asset as mortgages do run down in the end , other options are renting the house that people can afford. Moral hazard is always applicable and any attempt to move debt around to other tax payers will backfire. The only way out of this is to allow the economy to become more competitive, any attempt to prop up prices etc. will stop the wonderful thing called the market form doing its thing

    Comment by Liam
    6.
    March 11, 2010
    9:06 pm

    I don’t think it should be the tax payers that have to pay for customer who can’t pay their mortgages, it should be the banks. I think that the banks should lower the mortgages of their customers in line with the current value of their homes.

    Comment by Seamus

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