Awesomelyglorious wrote:
TM wrote:
What do you suggest we do though, since from a pragmatic perspective the borrower has taken money from the lender, if they are unable/unwilling to pay it back that might as well be called stealing and be covered under the law resulting in a prison sentence.
You want a failure to pay a debt to be an actual crime?
No, I was merely pointing out that the result of someone borrowing money without being able or willing to pay it back and someone stealing the same amount of money is more or less the same. Alternate systems not taken into account.
Awesomelyglorious wrote:
1) That's going to be unacceptable to most people as this is not the 19th century.
2) Crimes are generally considered to be areas where an individual has committed a moral wrong, so.... having a crime without personal failing is pretty suspect, and likely to cause problems in our legal and political system.
3) We already have alternative systems, like bankruptcy. Bankruptcy may not be the best system, but the issue is that anybody who declares it still suffers(bad credit, which undermines their ability to get loans in the future, and is used in other commercial transactions). I mean, sure, if you have debtors prison, you'll get some more people to pay on their debt, but at what cost? Imprisoning people is a loss to society, both in the taxes needed to sustain these prisons, and in the lost labor.
Long-story-short: This sounds like an incredibly stupid idea.
It was not meant as "hey guys we should do this" as much as "If I have $100 and I lend that to you, and you fail to pay me back I have $0, if you take the $100 from my wallet without me knowing, I have $0." Exaggeration not withstanding. From my perspective, it's the job of the lender to make sure that the borrower is capable of paying back borrowed capital, with a reasonable change in circumstances included such as interest rates going up.
One of the problems with things like Mortgage backed securities was that the banks sold the loans rather than held on to them and collected interest + payments like they used to do. With this, the loan officers and banks could quite frankly stop caring about the creditworthiness of customers. Certain countries actually have laws that prevent banks from doing this, by more or less saying "Banks that knowingly gave people mortgages that they couldn't afford, cannot require the borrower to pay it back".