Legal Complications Arise In Modifying Troubled Subprime Loans

Possible legal complications are arising on Wall Street that may impact the ability of financially strapped homeowners with subprime mortgage to negotiate with some mortgage holders to modify or otherwise alter the terms of their troubled mortgages. The New York Post reports:

• "A big hedge fund on one whopper of a winning streak is picking a bitter fight with Bear Stearns over whether renegotiating loans for homeowners struggling with subprime mortgages is fair play. Paulson & Co., an $11 billion hedge fund, has written regulators over concerns that Bear and other investment banks may be engaged "in market manipulation" when the banks' mortgage-issuance units modify loans so that homeowners can avoid foreclosure. The Madison Avenue-based Paulson is ready to do major battle."

Paulson & Co. has made "a multibillion-dollar bet on the decline of the subprime mortgage market, using [sophisticated, Wall Street] trading strategies." Apparently, Paulson & Co. is concerned that the help being sought by and given to homeowners stuck with onerous subprime mortgages in order to avoid foreclosure may cause Paulson's "multibillion dollar bet" to go sour. For more, see Hedge Fund Bear-ish On Subprime Relief.

For a comment on the concerns of hedge funds regarding the assistance being offered to homeowners facing foreclosure who are stuck with subprime mortgage loans, see The Dangers of Democratic Hedging (Not About Iraq), (by Robert Weissman in The Huffington Post). According to Weissman, "The hedge funds have invested in various derivative instruments that pay off when borrowers default and get thrown out of their homes."

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