Posts Tagged ‘foreclosure prevention’

When the Nest is not Empty: Some Food for Thought for Parents Struggling with Debt

Over the last several months, I’ve have met a number of parents seeking advice about bankruptcy.  While every family has its own unique set of circumstances, all of these people I’m referring to are homeowners, and all have been struggling making mortgage payments.  All have adult kids living at home.   And let’s face it – if they are sitting across the table from me – a bankruptcy attorney – things aren’t going so well.

Some have kids who have graduated from high school, college or graduate school, and they are still living at home.  Some are working, some are not.  Some kids are working, while going to school part time.  Others cannot find employment or are under employed.

I will inevitably ask one question: “Is [the adult child who is working full time or even part time] contributing to the household income?”  If, the answer is “no”, there might be some bigger problems.

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That Servicemembers Notice & Your Loan Mod Request

I received a call today from a client what we in the biz refer to as a “Soldiers and Sailor’s Notice.”  I had met this caller a few weeks ago – and at that time, was told that the home mortgage and loan were “in review” by the lender and servicer.  The caller was confident that a modification would be offered – and it would be one they could live with.  I have “I’ll believe it when I see it” view.  But today, the caller had this notice – which was found tied to the front door knob by a rubber bank.  The caller’s question for me: “what does this mean?” (more…)

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Loan Modification Scams

As more and more people try anything to avoid losing their homes, more and more people are getting scammed.

Here are two links with important information for homeowners contemplating modifications:

This from The Christian Science Monitor:

TransUnion, a credit reporting company, released its own numbers on Tuesday. At the end of the fourth quarter last year, it said, 6.89 percent of all US mortgage payments were at least 60 days past due. That was an all-time high.

Enter unscrupulous loan-modification companies. They advertise on late night-television or radio shows and sound as if they are linked to the Obama program.

“Many of them have the word ‘hope’ in their phone number,” says Jonathan Mintz, commissioner of the Consumer Affairs Department in New York. “But it’s a false hope.”

And here’s a link mentioned in the same article that describes, among other things, 6 Facts You Should Know About Loan Modification Scams.

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A Word of Caution: Foreclosure Prevention Counselors

There are a number non-profit organizations in Metro-Boston (and state wide) that provide mortgage and foreclosure assistance to homeowners facing foreclosure. Over the last several months, I have personally encountered situations where these (for lack of a better term) foreclosure prevention counselors have actually caused more harm than good (or at least have the potential to). Consumers seeking assistance of these non-profits need to be aware of a few things.

Firstly, they are not lawyers. They cannot provide legal advice. If any of these counselors tell you to do something that involves invoking a legal right – such as filing a bankruptcy petition – then you should seek the advice of an attorney.

I had a client who was told by a foreclosure prevention counselor to “just go down to the court and file bankruptcy so you can get the [automatic] stay” so that a foreclosure auction could be avoided. The problem is the client did not have a credit counseling certificate, and had no clue about the consequences of filing the case without proper preparation. His case was dismissed. In addition, had the counselor been properly trained, the counselor would have known that this individual needed bankruptcy from the get-go, not the services of the non-profit.

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