Archive for July, 2006

My Take on the Ticket Out

Readers know that I think the pre-filing credit counseling requirement is a complete joke. Atlanta, Georgia colleague Jonathan Ginsberg compares the requirement to a sick person going to the doctor, but being told they have to shell out $50 for a health class first (just to make sure they are sick and that they really need a doctor…which actually sort of sounds like an HMO). Then, before leaving the doctor’s they have to shell out another $50 for another health class which in theory is designed to ensure they do not get sick again. I imagine it would remind them to take vitamins, drink fluids and wash their hands frequently.

I do not have a huge problem with the pre-discharge debtor education requirement per se. However, the requirement itself is difficult to take seriously.

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A Court System Compromised

Today’s Boston Globe installment (the second of a four part series) focuses on the Massachusetts Court system.

[The small claims session] is a de facto arm of a fast-growing and aggressive industry that has swamped court dockets with lawsuits – cases that often lead to threats of jail for debtors.

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A Globe review of proceedings and records in 20 of the state’s 70 small-claims courts found that court officials and collection lawyers routinely break court rules, almost always to the detriment of the defendant. Collectors are almost never asked to prove the debts they claim; defendants are rarely informed of their rights. And debtors, usually too strapped to afford a lawyer, must contend with this legal mismatch alone.

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Debtor’s Hell

Today the Boston Globe starts a four part series on the plight of consumers facing debt collectors (it also appears on the front page of the Sunday Globe. The piece describes many issues and I have written about here in the last several months. Even though I have linked it here, you’ll only have access to a few pages before you’re required to sign in with a user name and password. If you’re not already registered with Boston.com, you’ll need to do so. Registration costs nothing.

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A Hideous Commercial

There’s a very popular news radio station in Boston that I listen to while driving since I can get traffic reports. At times, the news can get repetitive, especially on a slow news day (although there has not been one of those lately). What can also be repetitive are some commercials, and lately the airwaves have been full of commercials of mortgage companies begging customers to call them for refinancing. I recently heard one of these commercials, and it made me sick. It went something like this:

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Barnstable County Foreclosure Rate Highest in State

From today’s CapeNews.net:

Home foreclosures on Cape Cod, and in two Upper Cape towns in particular, have increased at a dramatic rate according to a new report from ForeclosuresMass.com.
The web site, which tracks home foreclosures for prospective home buyers through land courts, reported this week that foreclosures in Barnstable County have shown the sharpest increase over the past year of any Massachusetts county. In comparing bank foreclosures from June 1, 2005, to June 1 of this year, ForeclosuresMass.com found that foreclosures had increased 77.93 percent in that time.

What’s unclear from these figures is what percentage of these properties in foreclosure represent second homes, vacation homes or investment property (i.e. rented to tenants) and what percentage is a primary residence for the borrower.

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Kensington Update II

This second post was prompted by Dana’s comments to earlier post from this morning. While KAA’s phones are busy and/or disconnected, they are apparently still trying to get money from folks by using their bank information.

Click here for Kensington Assistance Agency’s website. There is a place on the site that enables viewers to “contact them” via email however, I could locate no phone number. I sent them a test email, and it appears to be working.

Please keep us posted. If you’re located in Massachusetts, please contact me directly using the contact information shown at the right.

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Kensington Update

Months ago, I warned readers about Kensington Assistance Agency. Since then, reports have popped up all over the country with similar warnings about this outfit, such as this one from the NBC affiliate in Greenville, South Carolina.

Recently, I have been flooded with calls and emails from folks all over the country. When they call Kensington Assistance Agency, they get a fast busy signal. We do not know if they have packed up their offices and moved into another rat-hole, or if they chose not to pay their phone bill with the hundreds of dollars they have been swindling from folks who can least afford to lose it.

If you have been victimized by Kensington Assistance Agency, here’s what you should do:

Contact your local Attorney General’s Office or Office of Consumer Protection. This is usually a state agency.

Contact your local bar association and get a referral for a local attorney who concentrates in consumer protection and consumer rights. You may have rights under your local state laws.

Earlier posts:

Rip Off Alert: Another Update on Kensington Assistance Agency
Rip Off Alert! Update: Kensington Assistance Agency
Rip Off Alert!: Kensington Assistance Agency

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Mass Foreclosures Update

According to The Sun Chronicle, foreclosures in the Attleboro-Taunton area are up 53 percent during the first half of 2006. The second half of 2006 is not looking much better.

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Re-Aging Debts

How can a debt incurred in 1995 somehow be in debt collection now? It’s called “re-aging.” In other words, debt collectors may do what scientists, philosophers and politicians only wish they could do: turn back the clock. The Dallas CBS affiliate reported on this subject on Tuesday.

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Foreclosure Scams in Southern California

Five people have been indicted in a foreclosure scam coming out of Southern California.

From DailyBreeze.com:

The defendants visited homeowners defaulting on their mortgages and offered to stop their foreclosures with short-term loans and refinancing options. But instead of applying for refinancing, the defendants allegedly submitted loan applications to banks under the names of the homeowners.

The defendants allegedly pocketed the loan money from the banks, which were never repaid. The victimized homeowners, meanwhile, lost their property titles, according to the indictment.

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