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Personally, I don't see this measure as being very meaningful. Its mostly one of those token measures that lets politicians claim they are doing something.

1. It is difficult to image people losing their houses to foreclosure while they still have assets in their 401Ks. Most will tap those assets at any cost if they think it will save their homes. The 10% penalty is not much of an impediment.

2. The measure gives people yet another method to tap their 401ks. But those who are determined to get their hands on those funds usually succeed--sometimes for the dumbest reasons.

The moral discussions are largely theoretical in my view. In the real world, it matters little.
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