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February 13, 2012
Binyamin Rose: Back to the Bunker: How a life-risking act by a Christian family during the Holocaust saved a family and built a thriving community a world away
Menachem Wecker: Business Schools Teach Real Estate Despite Troubled Housing Market
February 10, 2012
Lisa M. Krieger: Man with defibrillator demands access to his own heart's information
David G. Savage: Why activists may not be in a hurry to have High Court rule on alternative marriage
February 9, 2012
Laura McMullen: 10 Least Expensive Public Schools for Out-of-State Students
Kimberly Palmer: How to actually enjoy -- relaxing, financially -- your vacation
February 8, 2012
Warren Richey: Why momentous Prop. 8 ruling might not satisfy gay-rights groups
Menachem Wecker: Though Controversial, LL.M.'s Can Lead to Specialized Legal Jobs
The Kosher Gourmet byDana Velden: Going to the bother of making soup? You know it better be good. This CREAM OF TOMATO SOUP certainly is! And it's a cinch to make, too (Includes techinques and serving secrets)
February 7, 2012
Frank J. Gaffney, Jr.: Caught off-guard? President's Super Bowl interview with Matt Lauer gives those who need a reason not to vote for him, a darn good one
Suzanne Bohan: Leaping lizards! Tiny reptiles advancing robot design
February 6, 2012
Jonathan Tobin: Iran Threatens Israel With Destruction, But the New York Times Doesn't Hear It
Jeffrey Fleishman: In newly democratic Egypt, tens of democracy activists jailed, to stand trial; their groups are 'threatening the stability of the homeland'
Julie Deardorff : Researchers say antioxidants may not be that effective and could do more harm than good
Mark Clayton: How did Anonymous hackers eavesdrop on FBI and Scotland Yard?
February 3, 2012
Edmund Sanders : Israeli official says Iran is creating missile that could reach East Coast of US
Victoria Kim: Immigrant-smuggling ring used black drivers to avoid racial profiling
February 2, 2012
Jim Carney: Wrong number call may have saved her life
Reza Kahlili : Ex-CIA spy in Iran's Revolutionary Guard: What Obama doesn't grasp about striking deals with Tehran
Tina Susman: For woodchuck rescuer, every day is Groundhog Day
February 1, 2012
Brian Bennett: US officials see increasing threat of domestic attack from Iran
Emily Brandon: How to Take Advantage of New 401(k) Fee Disclosures
January 31, 2012
January 30, 2012
Paul Richter and Ramin Mostaghim: Misreading Teheran's limits -- deadly and economically devastating as they may be -- is a risk administration, Europe seem willing to take
Suzanne Bohan: Warning: Nap-deprived tots missing more than sleep, study finds
Meg Handley: Banks Revamping Rewards Programs to Woo Customers
January 27, 2012
Caroline B. Glick: Obama: Of course I intend to prevent a nuclear holocaust . . . in a few months
Yochonon Donn: In liberal New York City, fervently-Orthodox Jews may soon be getting a district to call their own
Jeannine Stein: An inflated ego and thinking you're 'all that' doesn't just make others sick of you, it can make you ill
Katy Hopkins: New budget rules may affect how much money you get for college
January 26, 2012
Ed Koch: To the New York Times, calling for the murder of Jews by those capable of having their incitement taken seriously isn't news
Jeannine Stein: Mental illness struck one in five U.S. adults in 2010: Report
January 25, 2012
Richard Simon: House passes two bills endorsing the use of religious symbols at military memorials
Fred Weir: Putin: Multiethnic Russia cannot survive as a US-style 'melting pot'; must find its own way
Susan Johnston: 5 Sneaky Coupon Strategies Consumers Should Watch Out For
January 24, 2012
Carol Clark: The price of your soul: How your brain decides whether to 'sell out'
Caroline B. Glick: America lost most in 'Arab Spring'. Sadly, many voters still don't grasp the extent
Warren Richey: Drug criminal scores win in GPS ruling from conservative-leaning high court
Erika Bolstad: Black conservatives gather to talk about gaining strength
January 23, 2012
Melissa Dribben: Jewish voters to play a key role in Florida's Republican primary
Jordan Rau: In quest to grow, Catholic hospital system will announce this morning its break from church
Ali Safi: U.S. envoy gives Taliban terms for peace talks
January 19, 2012
January 18, 2012
January 17, 2012
Frank J. Gaffney Jr.: No-kidding red lines: U.S. response to an Iranian nuke may be bluster, but Israel's won't be
David G. Savage: They sued their principals after slandering them online --- now the cases are headed to the Supreme Court
David Francis: Where to Invest in 2012: With stocks expected to rebound, opportunity abounds for investors
January 13, 2012
Ben Lynfield: Israeli lawmakers move to annex Jewish Judea, one museum at a time
Alexia Elejalde-Ruiz: Thriving through touch: Gentle massage helps older people with low mobility improve in mind and body
January 12, 2012
Warren Richey: Landmark Supreme Court ruling a 'resounding win' for religious groups
Warren Richey: Supreme Court says no to new rule on eyewitness testimony
John Fauber : Statins found to raise diabetes risk in postmenopausal women
Katy Hopkins : Consider This Before You Pay for an Online Degree
The Kosher Gourmet by Joseph Erdos: This mushroom and barley soup has an intense -- almost nutty -- flavor that mixes robust with Middle East. It has creaminess without cream
January 11, 2012
Shari Roan: Millions of atrial fibrillation sufferers at risk for devastating, but preventable, stroke
Tom Hussain: Pakistan -- recipient of more than $21 billion in civilian and military aid -- speeds pursuit of Iranian pipeline, defying US
David G. Savage: High court signals it won't be loosening TV's 'indecency' rules
Stephen Ceasar: Oklahoma's Islamic law amendment can't go into effect, court rules
January 10, 2012
Reza Kahlili: From an ex-CIA spy: US must exploit new split in Iran's Revolutionary Guard
Karen Kaplan: Study: Nicotine replacement products ineffective when used in real-life situations
January 9, 2012
Michael Doyle: Put through legal hell over dream home, couple fought back hard --- all the way to Supreme Court
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Jewish World Review
January 7, 2008
/ 29 Teves 5768
Predatory Lending
By
Rabbi Dr. Asher Meir
Mortgage lenders are entitled to protection from sudden foreclosure
http://www.JewishWorldReview.com |
Q: I've heard the great sub-prime crisis was caused by predatory lending practices. Is it wrong for banks to lend to high credit-risk homebuyers?
A: The so-called "subprime crisis" resulted when many mortgage defaults occurred within a short time. The borrowers on these mortgages were individuals with bad credit risks. Historically such individuals could not easily obtain mortgages, but a combination of new financial instruments (mortgage securities) and a rising housing market gave banks the confidence to lend to such people.
I certainly don't think it was unethical of the banks to extend credit to these individuals. One of the main criticisms of banks in the past has been that they deny credit to people who really need it. The saying was that the only people who can get loans are the people who don't need them. In Jewish tradition it is a special mitzvah to lend to needy individuals (without interest). In fact the verse which commands us to provide for the needy individual "enough for whatever he lacks" (Deuteronomy 15:8) specifically refers to lending money, not giving charity.
Some accusations have been made that the banks gave credit on terms that were likely to lead to default and repossession. I can't comment on these accusations, and I have seen no convincing evidence so far. But it is worthwhile to see how Jewish tradition deals with the ethical dilemma involved in the decision to extend credit when there is a good chance that it will result in repossession.
The Mishna states:
One who lent money against [the collateral of] his field, and said to him: "If you don't pay me within three years, it becomes mine", it becomes his. (1)
The commentators understand that this refers even to the case where the field is worth less than the loan. In this case, the lender has an interest in default, enabling him to take possession of the valuable field. Perhaps he would like to tempt the borrower into taking the loan! Yet from the mishna it seems that there is no problem lending money when foreclosure (seizure) is an evident consideration in the eye of the lender, and not merely a last resort in case of default.
However, the subsequent discussion in the Talmud concludes that at least in the case where the field is worth more than the loan, such an agreement is an "asmachta". Asmachta is a legal expression meaning that a person doesn't have true "informed consent" to an agreement, because he doesn't properly understand the risks involved. For example, a hustler's gambling winnings may be considered asmachta. (2)
So such a deal is void, unless it is originally drawn up in a way which draws attention to the risks involved.
Another type of protection provided by Jewish law is the right of redemption. Even after the property has been repossessed, the borrower has the right to buy it back if he obtains the money. (Such a right exists in many jurisdictions today as well.) The Talmud teaches:
The scholars of [the city of] Nahardaa said: An assessment can be reversed up to twelve months. But Ameimar said, I am from Nahardaa and I say an assessment can be reversed indefinitely. And the law is, an assessment is reversible indefinitely because of "Do the right and good" (Deuteronomy 6:18).
The power of redemption is originally conceived not as a right of the borrower, but rather as an ethical obligation of the repossessor. One result in defining the law this way is that there are certain equitable exceptions to the law. After all, it doesn't make sense to compel the "right and the good" of the borrower at the expense of the right and the good of the lender.
To sum up: I have seen no evidence that sub-prime lenders were in any way scheming to foreclose. However, the whole crisis has brought public attention to the foreclosure process and possible inequities in it. Jewish law includes a number of safeguards against predatory lending practices, including a demand for truly informed consent to lopsided foreclosure conditions, and a right of redemption for someone who has lost his house.
SOURCES: (1) Babylonian Talmud, Bava Metzia 65b (2) Babylonian Talmud, Sanhedrin 24b (3) Babylonian Talmud, Bava Metzia 35a
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JWR contributor Rabbi Dr. Asher Meir, formerly of the Council of Economic Advisers in the Reagan
administration, is Research Director of the Business Ethics Center of Jerusalem, Jerusalem College of Technology.
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