Posts Tagged ‘foreclosure’

It’s no secret that the current economic woes of this country (and much of the world) can be traced to the U.S. housing market – which is why updates about home sales are watched so closely by those looking for indicators about where the economy is headed.

The Department of Commerce recently announced that sales of residential buildings increased by a healthy 11% in June, a figure well above the 2.3% widely predicted.

Here are some hard facts:

  • New home sales in June increased 11% from May.
  • The month-to-month jump was the largest recorded in the past nine years.
  • Compared to June of 2008, sales fell 21.3%.
  • The South was the only region of the country in which home sales decreased (by 5%).
  • Existing home sales increased 3.6% in June, marking a third consecutive month of increases.

Tax Incentive Enticing Buyers

Analysts have suggested that the jumps can likely be attributed to a combination of low prices and interest rates and the one-time $8,000 tax credit available to first-time buyers who purchase before November of this year.

Home production has greatly slowed since the boom months and the number of new homes currently on the market is at its lowest level since 1998, according to sources.

Despite these figures, the market still has more than eight months’ worth of houses (if buying continues at its current rate).

That’s higher than the “ideal” six-month supply, but an improvement over May’s 10.2 months’ worth.

Competition Steep for New Homes

Sources indicate that part of the problem facing new home sales is the bargains available from foreclosure properties, short sales and sales of existing homes that have been on the market a while.

Put another way, even though last month’s numbers beat many expectations, a normal (not boom) year typically sees three times as many new home sales.

The Knoxville News Sentinel has a story that starts off in all-too-familiar territory these days.

Things were going swimmingly for the Herrons until wife Patricia lost her job earlier this year.

With that income gone, the Herrons began falling behind on payments. Their cars were repossessed, and husband, Thomas, was forced to walk several miles to get to his job.

Now, the couple is facing foreclosure, and they've turned to their pet boa constrictor to help raise money.

While holding a garage sale to raise cash, they set up an impromptu photo studio with their snake. For $5, visitors could take a picture with the pet and leave with a printed copy.

This couple is certainly sharp and creative, but the story is also sad.

You shouldn't have to sell all of your possessions just to protect your home. Had the Herrons considered filing bankruptcy, they might have been able to keep their cars, home, belongings and snake.

Bankruptcy is designed to help just like the Herrons.

A good couple that, due to circumstances out of their control, fell on hard times. With the unemployment rate in Tennessee above 10 percent, many more couples may soon find themselves in financial dire straits.

Just remember: You have options. You don't have to lose it all.

Filing bankruptcy may help you control your debt, and stay in your home.

Los Angeles may be home to movie stars, but it's also one of the areas hit hardest by the economic downturn.

With home foreclosures in Los Angeles still on the rise this year, the Los Angeles Times provides five first-hand accounts from people facing foreclosure.

It's a simple, captivating and heartbreaking read. Each of the five people profiled offers a distinctively different tale, but they've all faced the same stress: How do we stay in our home?

In reading their stories, I think there are several lessons that we can take away, particularly if you're facing foreclosure or other financial struggles.

  1. You can't take action soon enough. Many of the people in the article waited until it was too late to take action. Time is not on your side if you are facing foreclosure. Don't wait until you receive an eviction notice. If you are getting behind on your payments, then take steps today to improve your situation. The sooner you start, the more options you may have. If you lose your job and notify your bank right away, they may be more willing to work with you. Then again ...
  2. The banks are not on your side. Several of the people in the story mentioned how unwilling their banks were to work with them. Often the banks wouldn't even respond to requests for help. One bank wouldn't lower a man's $500,000 mortgage, but sold his house for a fraction of that! Also, several couples went to the bank seeking help only to have more loans pushed on them with higher interest rates and higher monthly payments.
  3. Know your rights. Some of the people turned to bankruptcy for help, only to report having banks turn up on their doorsteps with foreclosure notices. If you file bankruptcy, all foreclosure efforts must stop until your case is resolved. If you file, and a bank shows up on your doorstep, report this to your lawyer immediately. The bank is in violation of the law in these cases.
  4. Even the prepared can struggle. The people profiled had money in savings and retirement accounts. They owned their business and were often responsible. But still, they faced hardship. Even the best prepared can struggle. Don't let your pride keep you from seeking assistance.
  5. You need long-term help. When hard times hit - like a job loss or injury - it's difficult to say how long the trouble will last. Will you find work soon? Will things recover quickly? You never know. But many people get in trouble by trying short-term fixes that only complicate their problems. If you find yourself slipping into serious debt, you should look into real, lasting solutions right away.
  6. Help is available. Most of all, don't give up hope. You have options. The people in this story turned to free legal aid organizations for help. For many people, filing bankruptcy allows them to stay in their home. Other people need short-term assistance to help with food and child care. The support is there, if you take advantage of it.

Saturday, July 18th, 2009

The Face of Foreclosure

In Florida, the state Association of Realtors hopes to bring about change in public policy regarding foreclosures by giving a human face to the concept, highlighting the individuals who have lost the homes that are now back on the market at depressed prices.

The agency has started a Web site: Faces of Foreclosure.

The site strives to collect information from those individuals caught up in the personal crisis that is home loss.

Hopes for Advocacy

The group hopes that the information collected on their Web site will “provide the building blocks for strong advocacy and ultimately, good public policy as it relates to the housing market in all its facets,” according to a statement from the agency as reported by the Bradenton Herald.

The site asks foreclosure victims questions that include what type of home they owned, the  size, their experience working with their lenders and what factors contributed to the eventual loss of their homes.

It's the Right Time to Focus on Foreclosure

Foreclosures in the area around Bradenton, Florida are comfortably on their way to smashing the record, set last year, so there are plenty of stories to chronicle.

Mary Aston, a local realtor, believes the idea may help prevent another crisis like the one the area is currently experiencing.

“We still have foreclosures coming in, and I really do think if the data will help fix the system, then it’s never too late,” Aston says.

“Maybe it will prevent similar mistakes from being made in the future or maybe it will help people now who are trying to avoid foreclosure.

Long Overdue

Other Realtors feel the data collection is overdue.

“I feel like we’re way behind,” says Kathy Marlowe. “We should have been collecting data two years ago.”

Marlowe doubts the project will help as much as its planners intend. “How can you help people avoid foreclosure when they owe $300,000 on a mortgage on a home that’s worth only $175,000? Why would they even want to stay in that house?”

A spokeswoman for the Florida Association of Realtors, Marla Martin, says the study will provide more information than standard foreclosure and bankruptcy numbers services provide.

“They don’t tell you a lot about who’s going through it,” she told the paper.

“It seems like it’s better to have all the information you can gather out of the problem itself if you want to find a workable solution or at least some answers.”

Increased Foreclosure Awareness

The project has received a $97,000 grant from the National Association of Realtors to assist with foreclosure prevention and promote foreclosure prevention awareness.

The organization has furthered the initiative by purchasing statewide radio spots to inform the public of their project.

Another area realtor, Greg Owens, feels that the project will have a positive impact if the information obtained is used to lobby legislators.

“I feel that to give this a human face may change public policy in the future in order to avoid this situation again. I believe we could have avoided these massive failures and kept a lot of these people in their homes.

And frankly, that is going to take a lot of changes to avoid this happening in the future.”

Source: Bradenton Herald

Did you know: That Chapter 13 bankruptcy was designed to stop foreclosure? Find out if filing bankruptcy could help you.

Former New York Mets and Philadelphia Phillies slugger Lenny Dykstra has filed for Chapter 11 bankruptcy protection in federal court, according to Jim Salisbury of the Philadelphia Inquirer.

When filing bankruptcy in California, Dykstra, who is 46, claimed less than $50,000 in assets and between $10 million and $50 million in debts.

In an e-mail to the Inquirer, Dykstra, currently a resident of Lake Sherwood, California, said that “sometimes the difficult decisions in life are the most necessary.”

His bankruptcy attorney, Walter Hackett, issued a statement indicating that the filing would:

“shield (Dykstra’s] from a host of meritless claims. This action will provide Mr. Dykstra time to reorganize his estate and successfully challenge the multitude of meritless claims that have been made against him.”

Not the 'Player' He Wanted to Be

One troublesome asset-turned-debt appears to be The Players Club, a glossy magazine that Dykstra launched in 2008.

The publication targeted professional athletes and advertised many of the creature comforts reserved for the ultra-rich, including private jet services.

Dykstra has been accused of not paying for services rendered to the magazine, with at least one staff member, Kevin Coughlin, a former photo editor, filing a lawsuit to recover unpaid wages.

Coughlin wrote an article detailing his experience working for The Players Club for GQ magazine, titled, “You Think Your Job Sucks? Try Working for Lenny Dykstra.”

The $60 Million Dollar Lie?

When contacted by the Philadelphia Inquirer regarding the claims that he was in dire financial shape, Dykstra told a reporter that he was taking the call while driving his Rolls Royce, implying that he was doing well financially.

Dykstra’s bankruptcy filing reports that the former slugger earned $36.5 million during his twelve year MLB career, which ended with his retirement in 1996. Eight of those years were spent in Philadelphia.

Dykstra has also reported having made millions of dollars via Wall Street investment opportunities.

He has also invested in numerous entrepreneurial opportunities, according to the LA Times, including the above mentioned magazine, a chain of car washes and even a column for investment site TheStreet.com.

As recently as April, Dykstra told ESPN that he was worth $60 million. The same article reported that Dykstra has been the subject of two dozen legal actions in the past two years, with litigation pending or in progress from coast-to-coast.

Dykstra In Foreclosure?

His filing lists credit-card companies, banks, attorneys, printers and auction houses among his creditors.

He owes JPMorgan Chase & Co. $12.9 million and $229,000 to his literary agent.

The three-time all-star owns a mansion in California worth $18 million, but this property is reported to be in foreclosure.

Even family members are piling on—Dykstra’s brother, Kevin, is also suing the former player and claiming that he was not paid his stake when Dykstra sold a chain of car washes the two co-owned for $50 million.

The fate of his Rolls Royce remains unclear.

Sources: The Philadelphia Inquirer, The Los Angeles Times

A tally of financial gurus and bloggers were given a chance to pronounce their opinions of where the country stands in this economic strife.

The group includes:

  • a popular blogger dedicated to giving readers the deals not otherwise known by the general public
  • a Washington D.C. based corporate mogul who runs a billion dollar HP company and is seen as a visionary in the world of finance and economic reform
  • a Chicago-based real estate expert who aids his consumers daily in the plight of real estate purchasing, financing and recovery
  • a Wall Street broker and top blogger
  • a San Francisco-based financial guru with a leading blog
  • leading hedge fund managers

The prevailing thoughts were that of tension, apprehension and uncertainty by all who were a part of this informal questioning.

Along the same lines, the impressions of where the country stands were similar, with a new moniker being placed on our economic status: “The Great Depression 2”.

Whether this characterization is true still remains to be seen and might only come to fruition in hindsight.

However, one thing is clear: Relief is long from being in sight and life as the general consumer knows he or she will not see full recovery for as much as 10 years.

Experts State Their Views On Current Economy

The first of the five questions asked of our financial experts was that of a more simplistic one.

With little frill or extravagance those being questioned were given the short task of offering their opinions on the current economic status of the country. Simply stated,

How would you describe the current status of the economic climate within our country?

While the responses by all the respondents were of similar nature, with similar tone and rhetoric, there were certain responses that defined a tenure in our society, thus producing a billboard effect for the voice of our country’s consumer.

David Hochberg, President of Townstone Financial a Chicago-based Mortgage company, is seen throughout the home loan industry as an expert in loan services as well as a viable source of accurate information as it pertains to the common consumer of home loans, was plain in his response to the question.

We’re in a “State of Peril”

Hochberg states that Illinois, in particular, is in a state of peril not seen for decades.

With the home loan industry under heavy constraints and more and more debtors facing the bankruptcy cycle, Hochberg feels it will be many years before the lending institution recovers.

Even then, Hochberg continues, “the composition of the typical home loan applicant will be much different as will their needs.”

Taking on more of a bird’s eye view of the nation’s economic status while simultaneously drilling deep into the overall perception of where our economy sits is David Morris who is the Director of Mergers & Acquisitions for EDS Corporation (a Hewlett-Packard company).

Mr. Morris is a Georgetown alumnus who sits high a perch one of the country’s largest companies, and is relied upon to help orchestrate the company’s economic prowess amongst its competitors.

Injections of Liquidity Are Not Enough

This in turn serves to provide a certain benchmark for the typical consumer to work from.

David had this to say about where the US economy sits:

“No bubble of any kind in our history has been solved on the first try or in an abridged manner. Pick up any piece of historical analysis by Robert Shiller for a glimpse of what to expect.

Injecting liquidity into the system only holds the doors open long enough for those in charge to execute their contingency exit strategies. A washout of failed participants is the only proven way to eradicate prior excess and cleanse the system.

We are simply in a synthetic environment that buys our government time to deal with the real problems at hand. Any upside in the stock markets between now and the end of the year should be looked at as a gift to exit long positions and reposition for the markets heading south into 2010."

In a similar breath of displeasure and lack of short-term promise is the reply from John Thomas, a senior blogger for the site Seeking Alpha, which is widely considered to be the premier financial blog site—even earning top honors from Time Magazine.

Great Depression Number Two

Thomas who works under the title Mad Hedge Trader (Thomas also works as a Hedge Fund Manager in his ‘day job’) was very clear in his opinion:

“We are now full faced in the great depression number two. With that, there is sure to be a 5-10 year gap for recovery with real estate finding itself more towards the 10 year mark.”

Finding conjoining thoughts with both Morris and Thomas is famed economic blogger Mike ‘Mish’ Shedlock.

Shedlock who has a vast knowledge of the trends and incubus of the nation’s economy offered a profound opinion on the US economy and bankruptcy.

Shedlock offers that we, as a nation, are now amidst a ‘secular attitude change” which is from a dismal “credit event similar to the great depression.”

Considering the overwhelming popularity of Mish’s blog, the nation seems to be taking notice of his perceptions, consequently Shedlock’s response to the question of where our economy stands in worth heavy consideration. As does those of the rest of the respondents.

Cliché No More: Economy is Truly Affecting Us All

Overall, anyone who resides within the US has felt the strains of economic uncertainty, financial unfamiliarity and personal debt shock.

For what comes next in this evolution remains to be seen.

No amount of forecasting, prophesy or analysis will completely tell the story of our nation’s newest economic collapse.

However, one particular aspect to this will remain constant, as it was in the 1930’s. The resolve and ingenuity of the American consumer to fare well in troubled times will far outlast a lack of funding or rickety financial flooring.

The Filing Bankruptcy Option

Filing bankruptcy is a decision not to be lead into lightly.

Although it was created to be a legal avenue to support the financial rebound for those who travel down its path, it is not meant to be—nor should it be—seen as a ‘quick fix’.

The tasks for such financial declaration are laborious and heavy handed, with numerous ramifications resulting from the process.

The ideological change which abounds from a successful navigation of bankruptcy, if followed as the process is intended to be, is such a reformation that most who chose bankruptcy resurface from it far better suited for financial freedom than those who succumb to the far less successful products of financial distress:

  • foreclosure
  • repossession
  • lack of housing
  • unemployment
  • divorce
  • illness, injuries or death

Consequently, filing bankruptcy can often be a prescription for financial remedy far better suited for the current economic status we Americans are knee-deep in.

In what many consider an inevitable shift in the foreclosure crisis, prime, fixed-rate mortgages made up the largest portion of new foreclosures, according to a report issued by the Mortgage Bankers Association.

This was the first time for such numbers since the subprime lending boom began.

The Best-Laid Plans

Sources suggest that two major factors are contributing to the upswing in prime foreclosures:

  • Rising Unemployment: Though the unemployment rate for those with some type of college degree is 4.4 percent (compared with an 8.9 percent rate overall), this number represents a significant jump from a year ago, when unemployment among the college-educated was just 2 percent. This means that some families who counted on sustained income to keep their houses are now struggling to make payments – or finding they cannot.
  • A Glut of Unsold Homes: Because so many houses are currently on the market, selling a house has become a serious challenge, especially for those with bigger mortgages. This means that many of those struggling to pay off debts because of job loss cannot even raise money by selling their houses – the demand for real estate is currently very low.

Time to Buy, Not Sell

As you may already know, it’s a great time to buy a first home.

The sheer quantity of homes on the market means you’ll have a lot to choose from, and the current interest rates favor the purchasers rather than the vendors.

But if you’re looking to sell a larger (rather than a “starter”) home, you may not be so lucky.

Those who may be pushed by tantalizing interest rates to buy a home sooner than they would have otherwise likely won’t be interested in large, elaborate homes – especially in light of the cautionary tales told over and over by those suffering from the current foreclosure crisis.

When Will It All End?

Experts have predicted a variety of timetables for the prime foreclosure crisis.

The least optimistic among these put the crest two years for now, with steady foreclosure action well into 2012.

And Making Home Affordable, the foreclosure-prevention plan introduced by the Obama administration has reportedly only helped about 17,000 homeowners to date – far fewer than the seven to nine million who could benefit from the program, according to its Web site.

If you’re concerned about losing your home to foreclosure, it may be time to speak with one of our sponsoring bankruptcy lawyers about filing bankruptcy.

Chapter 13 bankruptcy designed to stop foreclosure. Talk to a bankruptcy attorney about filing bankruptcy.

When ambulances were called to Michael Jackson's home last Thursday, they went to the Beverly Hills mansion he had been renting.

Jackson's most famous residence, the lavish, one-of-a-kind, amusement park-like Neverland Ranch, hadn't been his home for many years.

Amazing pictures of Neverland Ranch.

Jackson purchased the property in 1987 for almost $20 million. At the time, it was a working ranch, but under Jackson's care it would become a shrine to the childhood Jackson never had. From nineMSN:

The singer spent $35 million improving the property, which featured two railway lines, two helicopter pads, its own fire department, a zoo and a plethora of amusement part-style rides. The property cost an estimated $10 million a year to maintain.

Jackson lived at the ranch for many years, and underprivledged and sick children from California and across the country came to visit his theme-park.

But all the while Jackson was very private about the property. Visitors weren't allowed to take pictures inside, and they were required to sign confidentiality agreements upon arrival.

Perhaps the most intimate view of the property came from a lengthy 20/20 report that highlighted some of the property's extraordinary features.

Foreclosure on Neverland Ranch?

But the joy of Neverland Ranch, named after the magical land in "Peter Pan" were children never grew up, wouldn't last.

Jackson had an almost $25 million loan out on the house. In 2007, he was $23 million delinquent on the loan and foreclosure proceedings began.

In California, after you miss three mortgage payments in a row you have 90 days to make a payment. Jackson, who hadn't released an album since 2001, was unable to make a payment.

For most people, this would have been the end of the line. For most people facing imminent foreclosure, filing bankruptcy is the best option for protecting their home. Of Course, Michael Jackson isn't most people.

Jackson's celebrity helped stop foreclosure. His debt was transferred to another loan company, and the property stayed with him.

However, Jackson continued to have money problems. The zoo and many of the amusement park rides were auctioned off. With money problems and child molestation charges - stemming from a child's visit to the ranch - Jackson said he could no longer feel at home there.

And then the man who had already spent so many nights in hotels across the world while on tour, began living elsewhere.

At the time of his death Neverland Ranch was still in Jackson's possession. Today, the property is valued somewhere between $90-120 million. With his death, the property may be worth even more.

But with Jackson's debts rumored to be near $500 million, the property could be auctioned off to pay his creditors. Others, however, say that the property may become a museum similar to Elvis Presley's Graceland.

Wednesday, May 13th, 2009

Foreclosures Rise Again in April

According to the latest report from RealtyTrac, foreclosures jumped again in April.

CNNMoney.com reports that 342,000 U.S. homes received default or auction notices or were in the process of bank repossession last month.

This translates to one in every 324 U.S. homes involved in some part of the foreclosure process, a number which represents a one percent increase from March and a whopping 32 percent increase from the same time last year.

Here are some hard numbers that paint a picture of how serious this news is for American homeowners:

  • April numbers are the highest ever recorded by RealtyTrac in more than four years of monitoring such figures.
  • Since the start of the real estate bust cycle in August of ’07, more than 1.3 million homes have been foreclosed upon.
  • RealtyTrac’s original forecast of 3.4 million foreclosure filings for 2009 will likely be revised upward after April’s statistics.
  • Though foreclosures are a problem nationwide, 10 states were home to 75 percent of all filings (California, Florida, Nevada, Arizona, Illinois, Ohio, Michigan, Georgia, Texas and Virginia).

Dipping Home Prices Compound the Problem

Some experts are concerned about the effect falling home values will have on future foreclosure rates.

As housing prices keep decreasing, more and more borrowers find themselves “under water” on their mortgages (they owe more than their homes are worth).

This has reportedly led to an increase in people simply walking away from their homes and handing their keys over to the bank, and will likely mean missed payments and defaults for those who choose to stay.

Bank Repossessions Down – For Now

April’s bank repossession numbers actually decreased 11 percent from March, according to sources.

But this isn’t a trend that’s likely to continue: bank repossession is the last stop on the foreclosure train, and as more and more houses enter foreclosure proceedings, more and more will have to complete them in the future.

Chapter 13 Bankruptcy & Foreclosure

If you are one of the many Americans facing the threat of foreclosure, filing for Chapter 13 bankruptcy may provide you some of the relief you need.

Thanks to the protection of the automatic stay, all creditor collection actions (including garnishment, repossession and foreclosure) are typically halted for the duration of your case.

Many bankruptcy filers find that Chapter 13’s three- to five-year repayment plan offers them the time and breathing room they need to get current on their mortgages or at least make alternate living arrangements.

The Senate voted 45-51 against Dick Durbin's anti-foreclosure bill. Twelve democrats opposed the bill.

We were hoping the Senate would help deal with the massive foreclosure epidemic and pass the bill, which would have allowed bankruptcy judges to adjust the terms of mortgages of people who were facing foreclosure, among other things.

Obama made public statements saying the bill was an important aspect to helping the economy; however, it's been speculated that he didn't throw in 100% support because banks  opposed to the bill's passage.

Here's a quote from the Associated Press article posted on the Kansas City Star on Obama's support or lack thereof:

"Obama long has backed the proposal to give debt-ridden individuals the option of turning to bankruptcy to save their homes. He cited that support last fall as he privately lobbied skeptical Democrats to back the $700 billion Wall Street bailout. And once he was president, he had promised, he would push for its passage."

If your home is in danger of being taken away, learn how bankruptcy may stop pending foreclosure.