Posts Tagged ‘stop foreclosure’

Wednesday, July 29th, 2009

When Lenders Want Home Foreclosure for You

The bank helped you purchase your home, surely they'll help you keep your home? Right?

Sadly, this isn't the case. When it comes to your home and your mortgage, many lenders are hoping for foreclosure, says this new report in the Washington Post:

Policymakers often say it's a good deal for lenders to cut borrowers a break on mortgage payments to keep them in their homes. But, according to researchers and industry experts, foreclosing can be more profitable.

In case you thought banks were concerned about anything other than the bottom line, this story makes it clear. Whomever holds your mortgage has one interest: Getting paid.

(For a full breakdown of how lenders look at you, check out this chart from the post.)

And if they can make more money with your foreclosure then don't expect them to offer any help when it comes to renegotiating  your terms, holding off on fees or stopping foreclosure.

One man shares a story where he went to his bank looking for help to stay in his house. He needed to cut his monthly payment by about $200. They provided $25 a month in relief.

So if you're serious about staying in your home, you'll need to take serious action, and you may need to take legal action.

Your mortgage rates probably won't change quickly, and it may be a while before you have a significant increase in income. Filing bankruptcy, however, could stop all pending foreclosure action through the Automatic Stay.

This is a big step, for sure, but you may need to take big action to prevent foreclosure.

We've written many times about Illinois Senator Dick Durbin's efforts to keep more people in their homes with his bankruptcy reform legislation.

The "Helping Families Save Their Homes in Bankruptcy Act of 2009" would allow bankruptcy judges to restructure home mortgages to stop foreclosure and keep more people in their homes.

When it came up for a vote this summer, the bill was defeated after some heavy lobbying efforts by banks and lenders. But the reform may not be completely dead.

This week, the Senate Committee on the Judiciary will hold a hearing called "Worsening Foreclosure Crisis: Is It Time to Reconsider Bankruptcy Reform?"

This hearing could rekindle talks of giving bankruptcy judges more power to adjust mortgages to make them affordable.

We'll follow the hearing closely and keep you posted on any developments.

--Check out more information about filing bankruptcy

We wrote about Illinois Senator Dick Durbin's bill when it was first being considered.

Now, the measure that would potentially stop foreclosure for millions of Americans by allowing bankruptcy judges to change the terms of a mortgage - including interest rate and principal owed - is up for a vote.

However, the vote is going to be very close.

If you want to stand up and help keep people in their homes and protect Americans going through difficult financial times, contact your Senators and Congress people today.

You can visit http://www.congressweb.com/cweb4/index.cfm?orgcode=nacba&hotissue=1 to find a simple form that will allow you to contact the Senator in your home state.

Wednesday, March 4th, 2009

Speak Out to Save Homes from Foreclosure

A foreclosure occurs every 13 seconds, according to the Center for Responsible Lending.

It’s time to stop the madness.

The Helping Families Save their Homes in Bankruptcy Act, H.R. 1106, aims to do just that.

The bill would allow bankruptcy judges to modify the terms of mortgages, which could potentially help millions of people save their homes and repay their past-due debts.

What You Can Do to Help Save Homes from Foreclosure

It’s time to take part in the democratic process. Tell your elected official you support passage of H.R. 1106.

It’s simple. Take 20 seconds to fill out a form that will e-mail a prewritten message (that you may edit) to your official or call a toll-free number to tell your representative’s office directly.

E-mail: Fill out the 20-second basic form and click “Send E-mail.” www.nacba.org/TellCongress

Call: Phone 877-354-4958 (9 a.m.-6 p.m. EST only). You’ll be told specific suggestions for the substance of your phone conversation and then you’ll be asked to enter your ZIP code to be connected to your representative.

Spread the Word!

Pass this on to friends, family and colleagues. It’s important that our voices are heard when it comes to filing for bankruptcy.

Wednesday, February 11th, 2009

How Can Filing for Bankruptcy Stop Foreclosure?

If you’re one of the millions of Americans in danger of losing your home, you’re likely at your wits’ end trying to hang on to the place you live.

We don’t have to tell you that saving your house is worth the time and effort. When examining options for saving your home, you may find that Chapter 13 bankruptcy may be the first step in protecting your biggest asset.

The Power of the Automatic Stay

When you file bankruptcy, something called the “automatic stay” goes into effect.

This stay prevents your creditors from taking any collection action against you. Foreclosure is considered a kind of collection, so foreclosures are halted when you file for bankruptcy.

This stay continues working throughout the duration of your bankruptcy case, as long as you adhere to the guidelines set by the court.

Protecting Your Home

Filing bankruptcy can be just the first step in stopping foreclosure. Be sure to take these measures when dealing with foreclosure and bankruptcy.

Talk to a bankruptcy lawyer.

Your bankruptcy lawyer can not only help you figure out whether bankruptcy makes sense in your case, but also keep you updated on the latest foreclosure defenses around the country.

Take action.

You may feel intimidated to contact your lender – or even your lawyer – but you shouldn’t! Remember, your home is at stake here, and staying quiet when you have questions or concerns will get nothing done. Speak up early and often to learn as much as you can about the future of your home.

Read up.

TotalBankruptcy.com offers a wealth of bankruptcy information . Learning as much as possible about what to expect from both will help you prepare for the road ahead.

Wednesday, September 10th, 2008

Frat House Filing Bankruptcy

This story has cheesy college movie written all over it: frat house is behind on the bills and looking for a way to save their beloved home before the bank comes to claim the land.

But instead of throwing a traditional keg party to raise funds, DePauw University’s Beta Theta Pi chapter filed bankruptcy.

The fraternity filed Chapter 11 bankruptcy to renegotiate their mortgage with the bank and stop foreclosure action on their frat house.

The school’s newspaper reports that the fraternity still owes on a $1 million mortgage for their 1999 house renovations.

This goes to show that the U.S. Bankruptcy Code can be cool, helping out frat boys in need.

In the confusing sea of paperwork transferring mortgage notes from lender to holder to securitized pool, many consumers aren't at all sure exactly which entity owns their mortgage notes, or how one entity is related to another.  The surprising news that's working to the advantage of many homeowners facing foreclosure is that the mortgage lenders and note holders may not know, either.

Florida attorney April Charney, Forbes magazine tells us, noticed that a lot of the mortgage foreclosure cases she saw involved affidavits of lost notes. An affidavit of lost note is essentially a sworn statement that says, "we own this debt, but we can't find any paperwork to prove it, so please just take our word for it".  A bit of investigation revealed that in many cases, the paperwork didn't exist, or originated at the wrong time, or conflicting interests had been recorded.  In some cases, notes had been illegally purchased by pools after they were already in default.

These flaws can bring a mortgage foreclosure action screeching to a halt; Forbes reported on one such homeowner who is still in residence five years after foreclosure actions were commenced.

If you're facing foreclosure, don't assume the worst. Get the professional help you need to untangle the paper trail and find out whether you have valid defenses in a forecosure action.

In Colorado, there was reportedly one mortgage foreclosure for every thirty-three households in 2006, and the problem was especially severe in the Denver - Aurora area, where more than 37,000 foreclosures were reported last year.

Colorado isn't the only state hard-hit by the recent wave of foreclosures, though.   The greater Atlanta, Georgia area saw nearly 64,000 foreclosures in 2006, and was second only to the Detroit area in number of foreclosures per household.

Nevada, Texas, Indiana, Florida, Ohio, Utah and Tennessee also made the top ten in terms of foreclosures per household.

Reuters is reporting that U.S. Senate Banking Committee member Jack Reed (D) is drafting legislation to assist homeowners facing foreclosure.  Reed is reportedly seeking input from several consumer groups that have studied the current foreclosure crisis and pushed for governmental intervention.

Proposed legislation is also reportedly forthcoming from Senator Charles Schumer said he would propose bail-out legislation, and Barney Frank, Chairman of hte U.S. House of Representatives Financial Services Committee will hold hearings on Tuesday seeking solutions to the mortgage foreclosure crisis.