Reporting From Washington — If there is a term that strikes fear in the hearts of residential lenders everywhere, it is “cramdown.” Lenders dread the judicial procedure that erases a portion of a borrower’s mortgage because the house, which is the underlying security or collateral for the loan, is worth less than what is owed on it. Actually, the word is a euphemism for forcing a ruling upon a creditor, as in “crammed down” the lender’s throat. The proper term is “bifurcation,” meaning that in a bankruptcy proceeding the loan is split into a secured claim equal to the current appraised value of the property and an unsecured claim equal to the difference between the unpaid balance and the home’s present value. Generally, the borrower is required to continue to pay on the secured portion, while the difference is treated like any other unsecured debt.
Debate might give new life to mortgage cramdown legislation
September 20, 2010, 10:38am
Jacob Gaffney is formerly Editor-in-Chief of HousingWire and HousingWire.com. He previously covered securitization for Reuters and Source Media in London before returning to the United States in 2009. While in Europe for nearly a decade, he covered bank loans and the high yield market, in addition to commercial paper, student loan, auto and credit card space(s).see full bio
Most Popular Articles
Compass files ethics complaints against Zillow in 26 states
Compass filed ethics complaints alleging Zillow false advertising across 26 states, 55 MLSs and 30 Realtor associations.
Jul 14, 2026
-
MBA reports June decline in mortgage credit availability
Jul 14, 2026 -
Randian urges loanDepot to consider sale, reassess leadership
Jul 16, 2026 -
Foreclosures climb 21% in first half of 2026, pushed by higher stress in FHA, VA mortgages
Jul 16, 2026 -
Housing costs, delayed marriage and the first-time buyer squeeze
Jul 16, 2026 -
Stanley Martin buying Holiday Builders highlights hyper-scale shift
Jul 16, 2026
Latest Articles
Finance of America’s Graham Fleming on HECM demand, second liens and Onity deal
Finance of America continues to be one of the main faces of the reverse mortgage industry. Last year, FOA was No. 2 nationally for Home Equity Conversion Mortgage endorsements, and the publicly traded company will look to build on a strong first quarter when it releases its second-quarter earnings report on Aug. 4.
-
Can the housing market weather Iran conflict 2.0 and higher rates?
-
California condo defect liability bill on deck after recess
-
How ROAD aims to boost housing supply and cut red tape
-
Most retirement savers want an ‘easy button’ for planning
-
What the ROAD to Housing Act can — and can’t — do for affordability
Jacob Gaffney is formerly Editor-in-Chief of HousingWire and HousingWire.com. He previously covered securitization for Reuters and Source Media in London before returning to the United States in 2009. While in Europe for nearly a decade, he covered bank loans and the high yield market, in addition to commercial paper, student loan, auto and credit card space(s).see full bio