Archive for February, 2009

Thursday, February 5th, 2009

Foreclosed-Upon Renters

A disturbing product of the foreclosure epidemic is the eviction of renters who’ve done nothing wrong and have nothing to do with the problems that spurred the foreclosure action.

Generally, when banks foreclose on properties, they don’t want the liability of renters.

The renters are often evicted because banks don't want the hassle of becoming landlords and they want to sell the properties to recoup losses.

Fannie Mae Offers Help

The Consumerist recently reported some good news for renters.

Fannie Mae has launched a new program that will allow renters in good standing to remain in their foreclosed properties.

Jason Allnutt, vice president of Fannie Mae, commented on the unfortunate renter situation to Marketplace Money:

"You have a family who is networked into the neighborhood, into the school system, into the job market, and it's very, very difficult to be wrenched out of that network and put on the street to look for a new place to live."

Too bad Fannie Mae only owns approximately 10 percent of all foreclosed properties.

So, although Fannie Mae's new policy will help some, the vast majority of renters still will be evicted if their residences are foreclosed upon.

If renters have questions about whether their building is owned by Fannie Mae, The Consumerist recommends calling the attorney whose name appears on the foreclosure notice.

That attorney should be able to advise renters on which lender owns the property.

Allnut said he’ll make sure attorneys are prepared to help renters obtain a new lease if they live in foreclosed Fannie Mae properties.

--Did You Know: Chapter 13 Bankruptcy can Stop Foreclosure in Some Cases

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Wednesday, February 4th, 2009

New Record: 19 Million Vacant U.S. Homes in 2008

On Feb. 3, the U.S. Census Bureau released a report indicating that the number of vacant homes in the U.S. rose 6.7 percent during the fourth quarter of 2008, as compared to the same period in the previous year.

By the end of 2008, a record 19 million U.S. homes were empty and home ownership had reached the lowest point in eight years.

Of the 130.8 million housing units in the U.S. during the fourth quarter, 2.23 million were empty and for sale.

Vacancy Rate

The Census report said the vacancy rate was 3.5 percent in urban areas and 2.6 percent in suburbs. The Census Bureau also reported there were 4.1 million vacant homes for rent and 4.8 million vacant seasonal properties.

The report contains an "other" category, which includes most foreclosures, homes otherwise tied up in legal proceedings, and homes that are vacant while the owners renovate.

There were 7.8 million U.S. homes in this category in the fourth quarter of 2008.

Home Ownership Rate

Due in large part to the nationwide foreclosure crisis, the home ownership rate dropped to 67.5 percent. This low rate has not been seen since the first quarter of 2001.

As foreclosures drive home prices down, more homeowners who are upside down in their mortgages are likely to walk away.

Homes in Danger of Foreclosure

Norm Miller, director of real estate programs for the School of Business Administration at the University of San Diego, told Bloomberg approximately a third of homeowners who see their home values drop 20 percent or more below what they owe will let their mortgages go into foreclosure.

Miller points out that the foreclosure epidemic is propelling itself because as home prices decline, more people tend to walk away and prospective buyers are discouraged.

Obama's Moves

President Barack Obama has voiced that something must be done about the growing U.S. housing crisis, which has become deepest housing slump since the Great Depression.

To stem the surge of mortgage foreclosures, the Obama administration is considering government guarantees for home loans modified by servicers.

This proposal, geared towards protecting lenders from default if they work with borrowers, is likely to come at taxpayers' expense.

As the economic recession rolls into its second year and the nationwide unemployment rate continues to rise, Obama and lawmakers in Washington are scrambling to find ways to repair the housing market.

On Jan. 30, the Department of Commerce underscored the need for immediate action with a report indicating the U.S. economy shrank more during the fourth quarter of 2008 than it had since 1982.

Stay tuned to Total Bankruptcy for news as it develops.

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The slumping economy has caused many Americans to depend on credit cards to survive. A real problem arises when the credit card bills are due and there’s no money to pay them.

Enter the debt collector.

According to the Federal Reserve, nearly one in 20 credit card accounts in the U.S. were delinquent, or more than 30 days past due, at the end of 2008. And when a credit card account becomes delinquent, debt collectors begin calling.

A recent Washington Post article provided some valuable tips consumers can use to protect their rights when debt collectors begin calling.

In Debt? You Make the First Call

Financial experts recommend calling creditors first if you’re having a problem paying bills on time.

If you call them before they call you, you may be able to negotiate a lower interest rate and/or get fees waived or reduced

Avoid Debt Collection Companies: Don’t Ignore Your Creditors

If you don’t take the opportunity to call the creditor before they start calling you, it’s not a good idea to ignore them.

If an account is more than 90 days past due, the lender may have a third-party debt collection agency step in and attempt to collect the debt.

Consumers should realize that the federal Fair Debt Collection Practices Act provides protection for consumers by restricting the actions of third-party debt collectors.

However, this law does not apply to the original creditor and if a debt is sold to another company, the law regards the new owner as an original creditor.

Credit card companies have fewer restrictions when contacting debtors, but are generally more reasonable and pleasant when dealing with consumers. These companies usually wish to keep their customers, if at all possible.

If the account is turned over to a debt collection company, it’s usually much harder for the debtor to work out a solution.

Don’t Lie About the Debt, But Don’t Acknowledge It Either

While it’s not a good idea to dodge or ignore calls from debt collectors, there are things experts say debtors shouldn’t say.

For example, some experts tell debtor to not lie, but to also not specifically acknowledge owing the debt.

Keep in mind that you’re not required to speak with debt collectors and you may terminate a phone call at any time.

Don’t Agree to Unrealistic Repayment Plans

Debtors should never agree to a payment plan that can't be managed. If you agree to a payment plan, the payments should be made according to the agreement.

Don’t Provide Personal Information

You should never provide personal financial information to a debt collector.

Some debt collectors ask for debtor's bank account numbers and routing numbers, but this information should not be provided.

Gail Cunningham of the National Foundation for Credit Counseling warns that this type of information could be used to garnish a bank account if the collector gets a judgment against you.

Know Your Debt Collector

Consumers should collect detailed information from any debt collector who calls.

Collection agencies may attempt to hide their identities, so start by trying to get the name and address of the debt collection agency from the caller.

Under the federal debt collection act, you must send a written request for the debt collector to stop calling. Verbal requests are generally ignored.

Verify the Debt

Debtors should also demand verification of the debt.

The law gives debtors the right to request and review documentation of the debt. If a debt has been resold several times, the debt collector may be unable to provide proof of the debt.

The Protection of a Bankruptcy Lawyer

If a debt collector threatens court action, it may signal that it’s a good idea for a consumer to contact a bankruptcy lawyer.

If a debtor has a lawyer, debt collectors may only attempt to contact them through their lawyer.

If a debtor winds up filing bankruptcy, an automatic stay is issued and all collection activity must stop immediately—that means no more calls, no more letters, no more contact. Period.

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