• Home
  • Bankruptcy in Brief
  • ABC’s of Bankruptcy
  • Considering Bankruptcy
  • True Stories
  • Chapter 13
  • Blog
  • About
  • TOC

Northern California Bankruptcy Lawyer

On The Bankruptcy Soapbox

The Soap Box
  • How bankruptcy works
  • Mortgage Matters
  • Consumer Rights
  • You & Your Lawyer
  • Small Business
  • Family Law

Word rant: seizure of mortgaged homes

By Cathy Moran

seize homes

Perhaps I’m feeling particularly crotchety today, but the use of the word “seize” to describe foreclosures seems to me a bit overblown.

Headlines like these abound:

California Foreclosures Jeopardize Renters as Banks Seize Homes
Banks Seize 288K Homes in Q3,
Banks seize record number of homes

Webster’s dictionary offered this as one definition of seize:  To take possession of by force. [1913 Webster]

The word, at least for me, has a connotation of violence. 

However, “seize” or “seizure”  is a distortion of the foreclosure situation, since the homeowner bargained away an interest in the real property for a loan.  It was an arms length and voluntary process.  To then label the exercise of the rights obtained by the lender in that deal as the seizure of the home suggests that the change of possession was sudden or illegitimate.

Mind you, I’m furious at the indifference of big banks to honesty with respect to oaths to the court and their sense of “it’s right because we say it is”  in connection with foreclosures.  I’m equally appalled at the “see no evil” attitude of the lenders when loans were offered and accepted by borrowers who had no chance of meeting the terms of the loan. The inepitude of mortgage servicers is a disgrace.

But the press owes us better than to cast the exercise of the right of foreclosure as an act of violence as suggested by talk of “seizing” homes.

Let’s talk about the threat to a credible judicial system that robo signing represents;  let’s talk about solutions to widespread economic distress;  let’s talk about the role of the housing market in our economy.   Let’s not be incendiary about the process of foreclosure.

More

Foreclosure in California

How Chapter 13 fends off foreclosure

Image by suemc410 from Pixabay

More from the Soapbox

  • Speak Fluent Bankruptcy: Guide To Essential Bankruptcy TermsSpeak Fluent Bankruptcy: Guide To Essential Bankruptcy Terms
  • Can Your Creditor Get A Lien On You?Can Your Creditor Get A Lien On You?
  • Highlighted Tax Tips For Final Week To File ReturnsHighlighted Tax Tips For Final Week To File Returns
  • Means Test Expense Form 122A-2Means Test Expense Form 122A-2
  • Information is power….become more powerfulInformation is power….become more powerful

Filed Under: How bankruptcy works, Uncategorized

About Cathy Moran

I'm a veteran bankruptcy lawyer and consumer advocate in California's Silicon Valley. I write, teach, and speak in the hopes of expanding understanding of how bankruptcy can make life better in a family's future.

Bankruptcy Basics

About The Soapbox

You’ve arrived at the Bankruptcy Soapbox, a resource of bankruptcy information and consumer law.

Soapbox is a companion site to Bankruptcy in Brief, where I try to be largely explanatory and even handed (Note I said “try”).

Here, I allow myself to tell stories and express strong opinions. We dig deeper into how to consider bankruptcy and navigate a bankruptcy case.

Moran Law Group
Bankruptcy specialists for individuals and small businesses in the San Francisco Bay Area

How Bankruptcy Works

Cheat Sheet For Passing Bankruptcy Means Test

The bankruptcy means test has a fatal weakness in its attempt to keep people out of bankruptcy. Like so much recently, it's health care. It's health care, in the future, to be paid before your creditors get any money in your bankruptcy. It works because, in a logic that only Congress could employ, the means … Read more

More Posts from this Category

643 Bair Island Road
Suite 403
Redwood City, CA 94063
Phone: (650) 694-4700
Phone: (650) 368-4700

Categories

All content copyright © Moran Law Group. All rights reserved.