The Right and Wrong of the Foreclosure Mess

More

Karl Smith writes:



I don't know about the Reason guys but I can say that I was more or less hoping the whole thing would blow over and that in the wake of it we could get serious about electronic documents and get rid of the paper crap all together.

The reason I'm not more outraged is that I have seen little evidence that actual property rights were infringed. Property rights are often represented by pieces of paper but they are not created by pieces of paper. They are created by mutual consent and a meeting of minds. To my knowledge almost all of these cases involve people who believed that they were taking out a mortgage and banks who believed that they were providing a mortgage. That's a solid transaction.


I think the paperwork matters, for the same reason that "they got Al Capone for tax evasion" does not fill my heart with glee. And we certainly can't have people thinking that the way to get around paperwork errors is to submit doctored documents to the court. But I admit, I am less outraged by this abuses than I could be, if I were convinced that many of the homeowners involved were actually not in default. But as far as I can tell, except for a couple of aberrant accidents, no one is disputing that the homeowner borrowed a lot of money, and have stopped trying to repay it; the dispute is only over who has the right to do something about that. That dispute matters, but not in the same way.

Jump to comments

Megan McArdle is a former writer and editor at The Atlantic.

Get Today's Top Stories in Your Inbox (preview)


Elsewhere on the web

Join the Discussion

After you comment, click Post. If you’re not already logged in you will be asked to log in or register. blog comments powered by Disqus

Video

Miami: The Next Big Start-Up City?

How the city became a center for innovation

Video

Video

A Brief History of Romantic Comedies

From The Atlantic's Chris Orr

Video

Life in 'the New Arctic'

A moving portrait of a fading landscape

Video

Video

The Rise of New York City

A fascinating look at Manhattan in the 1940s

Video

What Is Methane Hydrate?

"Flaming ice" is a vast natural energy source

Video

NASA's Time-Lapse of the Sun

Now with epic dubstep music

Video

Shaken Not Tuned: Cocktail Experiments

Can a tuning fork improve a cocktail?

Video

Video

Is He Cheating? A 1950s Guide

'That little blonde secretary from the office?’

Video

New Yorkers: Vintage Vacuum-Tube Amps

Risking electric shock to restore old amplifiers

Video

The DIY Piano-Bicycle

Everybody needs a hobby

Video

What Does It Take to Make Real Craft Gin?

Tour the Green Hat Gin distillery

Video

Letter From the Editor

The June 2013 issue

Video

What Straights Can Learn From Same-Sex Couples

New insight from decades of research

Video

The End of the Mall Rat

A tribute to that pillar of teen culture

Writers

Up
Down

More in Business

In Focus

Picking up the Pieces After the Tornado in Moore, Oklahoma

Just In