In my experience and I had some of those borrowers in the past 5 years.
What I found out was very interesting. The lender/bank does not have the original note! So that means it can not foreclose on the property. Once a smart borrower finds that the game starts. The borrower stops all payments to the lender and the property tax.
Once the lender files for NOD he must continue pay the property tax not to lose the property to the county. Borrower lives for free 7-10 years. And sees that he can postpone all trustee sale. Once the bank/lender are not postponing anymore and proceed with the sale at the trustee than borrower files for BK as a delay tactic. By that borrower earns more time and can negotiate with the lender/bank for any arrangement possible. The lender/bank are willing to negotiate the note since they do not have it although they can make an emotion in court and swear under penalty that the note was destroyed and can not be found but they are the original note holder and promising that no one will claim the property in years to come as the note holder other than them. That gives the lender/bank to power to foreclose on the property. But,,, lately courts are not allowing to that and asking to see the original note holder present in court.
So what the borrower has to lose? noting!
1:Stay away from short sales they are long and unpredictable.
2:If you can purchase the note in a good discount and know what you doing with a good attorney on your side than go for it and buy the non performing note.
3: If you are in the business to buy those types of sales, than buy the note. A 30% discount is good enough for you to really make money.