Israeli Household Debt Soars, Lawyer Explains Home Foreclosure Risks
Household debt in Israel has reached approximately 914 billion shekels, with the latest increase driven entirely by housing-related debt. This housing debt alone now stands at around 663 billion shekels, while non-housing debt has remained largely unchanged.
Despite the rising debt, lawyer Yosef Weitzman, who specializes in insolvency and asset collection, clarifies that entering insolvency proceedings does not automatically mean a person's home will be sold. He notes that many individuals fear exploring insolvency options because they believe their primary residence will inevitably be auctioned off.
Weitzman emphasizes that while a home is a significant asset, its sale is not automatic and requires court approval. The law, specifically Section 229 of the Insolvency and Economic Rehabilitation Law, mandates court oversight, allowing both debtors and creditors to present their arguments. Key considerations include the benefit to creditors versus the hardship to the debtor, alternative repayment methods, and securing suitable alternative housing.
A crucial mistake, according to Weitzman, is focusing solely on a property's market value without accounting for outstanding mortgages and liquidation costs. A home valued at three million shekels with a 2.4 million shekel mortgage leaves significantly less for creditors after expenses. He stresses the need to analyze the property's value, secured debt, net proceeds after liquidation, and available alternatives before determining risk.
Weitzman advises that even when a substantial equity remains after deducting liabilities, a forced sale isn't the only solution. Options like securing funds from family, negotiating with creditors, or arranging alternative payment plans can allow families to keep their homes. He cautions against making guarantees about home security before a thorough assessment, aiming instead to understand potential outcomes and explore alternatives that satisfy creditors while preserving the family's residence.
Furthermore, the status of the mortgage itself is a critical factor. An individual consistently paying their mortgage but facing other debts is in a different position than someone defaulting on their mortgage payments, which could lead to immediate bank action. Weitzman urges individuals to address their financial and legal situations as early as possible to maximize options for resolution.