Posts Tagged ‘homesteads and real estate’

The President’s “Plan”

I am no economist, but there’s something about the President’s mortgage foreclosure rescue plan that just has not been sitting well with me.  I have not been able to put my finger on it and do the research to put together a thoughtful article.  Fortunately, I can stay focused on my clients and share with you this article from BusinessWeek by Peter Coy and Theo Francis who point out that the plan doesn’t address the danger of negative equity, and that homeowners with negative equity “might just walk away.”

Even for those who want to keep their homes at the moment, reducing monthly payments without addressing negative equity may just postpone the inevitable. “The reality is, people lose jobs, especially in a recession. People get transferred, people have to move at some point,” says Sean O’Toole, founder and CEO of ForeclosureRadar.com, which tracks California foreclosures. “By lowering payments and not principal balance, you’re guaranteeing the extension of this crisis for years to come.”

More here.

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The Easy Life of a Consumer Bankruptcy Attorney

Every now and then, I get a call from someone who already has a bankruptcy case pending. Sometimes, they do not like how things are going with their attorney. Other times, they don’t have one at all and find that they are in over their head. And sometimes, by the time they are calling me, they find themselves in what can best be described as a world of hurt. Today, I received such a call.

The debtor’s chapter 13 case was filed almost two months ago. There is still no plan filed. No post-petition mortgage payments have been made. The debtor just got served with a summons and complaint because not all creditors were properly listed on the schedules (and I’m not sure the matrix was done right). The IRS has filed a notice that prepetition tax returns have not been filed. There are motions for relief from stay from secured creditors, and from the tone of them, they seem frustrated. No plan payments have been made, and the creditors meeting is soon. I am also assuming that no tax returns or payments advices have been sent over the chapter 13 trustee. In addition, by looking over the schedules, it appears that the debt is too high for chapter 13 eligibility. After I got all that from reviewing PACER, I decided to ask an easy question first:

(more…)

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Equal and Monthly Payments: The Voyage of the Balloon

May a debtor propose a chapter 13 plan that provides for the payment of mortgage arrears with regular monthly payments followed by a balloon payment at the end of the plan?

So far, the answer is still no (although the issue is still working its way through the courts).

In the recent case of In re Carman out of the Massachusetts Bankruptcy Court in Worcester, the court found that a debtor could not propose a plan that paid the mortgagee interest only payments throughout the plan period, followed by a final balloon payment. “Such a modification is impermissible in that ‘once periodic payments to that creditor commence, a subsequent balloon payment would be unequal to those that preceded it.’”

Until we get word from the appeals courts, this issue will remain a potential road block for debtors who hope to fund their plan with a sale or refinancing (or other source of funds that they do not have access to now). When I say “road block”, I mean “road block to getting a chapter 13 plan confirmed.” And until this issue is resolved by the appeals courts, it should also be read to mean “a potential road block to keeping your house.”

In re Carman, 07-44271, US Bankruptcy Court, District of Massachusetts at Worcester, July 25, 2008

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Did Congress Pop the Balloon?

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Foreclosures Update: Florida & Ohio

Following up on my March 1 note, foreclosures are up 25% in Broward County, Florida according to a press release by Default Research. I have to admit, I do love Ft. Lauderdale and have met many great local folks there. While this press release is pretty short on facts as to the reasons why the foreclosure rates are up, I know from some of the locals that it was very difficult getting back on their feet after the hurricanes of the past few years.

The news out of Ohio is also not so great for homeowners in Stark County and Montgomery County.

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Has the Fat Lady Stopped Singing?

Most realtors and incumbent politicians are not likely to agree, but an AP report that was just released within the past couple of hours suggests that the housing market is slowing down, and the effects will ripple through the economy.

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