When a Mortgage Company files a Foreclosure, it essentially has one objective: To sell your house at a sheriff’s sale to themselves or a 3rd party bidder. The result is the same: YOU LOSE YOUR HOUSE! What to Do? Chapter 13. There is the tradition Chapter 13 to save your home, and now a second way […]
Foreclosure, Chapter 13, Mortgage Modification an Effective Foreclosure Read Post »
Chapter 13 Foreclosure Mortgage Video
WOULDN’T IT BE NICE TO GET RID OF A 2ND MORTGAGE AND SAVE THOUSANDS OF DOLLARS? Homeowners and other property owners often discover that their property’s market value is less than the balance of the first mortgage. On top of that many have second mortgages and/or Home Equity Loans. How do you keep the property and
Eliminating 2nd Mortgages Also Called Stripping or Cramming Down Read Post »
Mortgage VideoMany Homeowners file a Chapter 7 Bankruptcy who are current on their mortgage and want to keep their home. The question is “Do I reaffirm my mortgage?” The answer, almost always, is a big fat NO. REAFFIRMATION GENERALLY In a Chapter 7 secured debts (like a car note* or mortgage) are generally treated one of
Should I Reaffirm My Mortgage In A Chapter 7? Read Post »
Chapter 7 Mortgage Video
Sadly the Supreme Court of the United States in a unanimous decision held that a Chapter 7 Debtor cannot wipe out an underwater second mortgage. The case is Bank of America, N.A. v Caulkett, 575 U.S. _ (2015)(June 1, 2015) An example of an underwater 2nd mortgage would be as follows: This case did not change anything
Can You Eliminate An Underwater 2nd Mortgage In A Chapter 7? Read Post »
Chapter 7 Mortgage VideoBetween 2005 and 2008, the banking industry offered Home Equity Lines of Credit (HELOC loans) to thousands of homeowners. If you have one coming due, you may have a major problem on your hands. The HELOC loans generally only charge monthly interest payments for a certain period of years. When the loan expires, the homeowners
Home Equity Loans (2nd Mortgages) Read Post »
Home Equity Mortgage VideoOften times a person who files Chapter 7 has a home mortgage. Sometimes a first and second mortgage. The client is current on the monthly mortgage. They ask: “Should I reaffirm my mortgage”? Lawyers who represent Chapter 7 individuals say “No”. This includes my firm, Robert J. Adams & Associates. In the final analysis the choice is
Should I Reaffirm My Mortgage In Chapter 7 Bankruptcy? Read Post »
Chapter 7 Mortgage VideoFirst, it consists of the amount you have not paid. Added are late charges for each month until you are current. Also, when you are behind the mortgage company orders drive-by inspections that they charge to you. And, sometimes they are able to add lawyer’s fees. CAN YOU CURE MORTGAGE ARREARS THROUGH A CHAPTER 13
What Are Mortgage Arrears? Read Post »
Arrears Mortgage VideoWhat Are Second Mortgages, Judgment Liens And Tax Liens In Foreclosure? When foreclosure cases are filed it is common to see defendants other than the property owner. Mortgage companies get title searches before filing a foreclosure. The title search will show entities that have liens on the property. Common additional defendants include junior mortgagees; Judgment
What Are Second Mortgages, Judgment Liens And Tax Liens Read Post »
Liens MortgageThrough Chapter 13 2nd mortgages can often be eliminated and reduced to an unsecured claim. There are two sections of the Bankruptcy Code that in essence say a junior mortgage is a secured claim only if after deducting all senior liens there is still some equity left for the junior mortgage. If the property has no
How Can A Second Mortgage Be Eliminated? Read Post »
Homeowner Mortgage Video