I admit that I have a stick in my craw. In May 2008, Massachusetts (a non-judicial foreclosure state) imposed a 90 day cooling off period to give time for defaulting home loan borrowers to work with their lenders. This summer, that period of time got extended to 150 days. Now, there are calls for a “foreclosure moratorium” in Massachusetts. I am not a fan of what I think is this inevitability, but before y’all think I’ve really fallen off my rocker, let me give you my perspective, and why I think we need to not just think about the moratorium – but for who and for how long.
Posts Tagged ‘Yep. We’re in trouble.’
Hope is a 4-Letter Word
Sunday, October 3rd, 2010
Many have read media reports that decry HAMP (the Obama Administration’s purported “response” to the foreclosure crisis) and proclaim it is as lipstick on a pig. After two years have watching clients struggle in this program and few coming up with anything meaningful, I want to go on record as saying this:
HAMP is not only lipstick on a pig, but it’s continued existence only puts more light on the political impotence and the bankruptcy of leadership on both Beacon Hill and Capital Hill.
Debt: The Prices You Pay
Wednesday, August 4th, 2010
Some espouse the belief that if you’re up to your eyeballs in debt, it’s better to eat beans and rice for weeks, months and years until the debt is paid. I won’t mention names. This isn’t about them. While it’s pretty indefensible to live a lifestyle you cannot afford at the expense of creditors, it’s even worse to lead a lifestyle that can be downright counterproductive and harmful when you’re trying to pay your creditors. There’s being “super frugal” and then there is being “stupid frugal.” So today, I want to cover a few things I’ve noticed people doing while they are trying to pay down their debt. I sharing my observations, but I think it’s good if you consider it food for thought.
State of the Union Decompression: The Whole Mortgage Modification Thing
Thursday, January 28th, 2010
After taking many months learning and understanding HAMP and how it works (and in many cases doesn’t), and after sitting through (and tweeting through) the President’s State of the Union Speech, I am admittedly still mulling it all over. Some tout the speech as the longest in President Obama’s career. Others are debating the propriety of the Nation’s Chief Executive chastising the Supreme Court in the House Chamber. Yet despite its length, its controversies and its platitudes, the word “foreclosure” was not used once. And that should be incredibly disheartening for any homeowner concerned about losing their home. As an insolvency professional who works with homeowners in financial crisis, it was for me. (more…)
The State of Our Union
Wednesday, January 27th, 2010
Tonight, like many Americans, I’m going to be watching the State of the Union speech. While I have many concerns as a citizen, as a bankruptcy and insolvency professional my concerns continue to be on the economy, and the government’s efforts in moving the country through the current economic mess it is in.
I’m not sensing any real effort from the White House, Capital Hill or even Beacon Hill in giving any meaningful solutions to distressed homeowners. Perhaps better said, all I am hearing is double-speak and mish-mash emanating from our elected officials who talk about programs like HAMP, while at the same time, skirt around the statistics that suggest that the program is an abysmal failure. Remember, Obama says HAMP is for “responsible homeowners” but we don’t really know how the term “responsible homeowner” is actually defined. And in no uncertain terms, what I am hearing from my clients, and what I am hearing from my colleagues all fuels my sense that things are not getting better, and Washington appears impotent to do anything about it.
Since tonight is the State of the Union speech, I’m going to hold off – for now – from telling my readers what my view of where things are and where I think things may be going. I do have some idea of what I think we need to do to make things better. And in the coming days, I’ll be sharing what I and McLeod Law Offices is going to do for our clients…and why. But first, tonight I will listen to what our President has to say.
And I’ll also be tweeting – so be sure and follow me on Twitter.
Facing Bankruptcy with Nagging Regret
Wednesday, January 20th, 2010
I recently met with a bankruptcy client who had a lot of credit card debt, almost no equity in their home, and were unable to meet their obligations.
After getting some information, and assessing their situation, I learned that they had lived in their home for almost 25 years, but in the last 12 years had refinanced their home 3 times. The client told me that in no uncertain terms he would not be contemplating bankruptcy if he was able to refinance their home to pay the credit card debt.
Clearly, that wasn’t going to happen.
But then I started thinking, how does someone who has lived in a home for 25 years in the same home have almost no equity to show for it?
Relearning How To Buy Stuff
Tuesday, January 19th, 2010
When I meet with a debtor who has expressed a desire to file bankruptcy, once of the first things I start discussing is their use of credit. Many times, their use of credit also turns to their relationship with credit. If you’re going to file bankruptcy, you need to stop using credit cards. That seems like a bit of a no-brainer. But recently, I had a conversation that went something like this:
“You cannot use credit cards any more,” I told my client. “You need to start operating on a cash basis.”
I saw my client thinking about this, and then after a momentary pause, I heard this reply:
“But how will I buy food?”
Honesty and Bankruptcy, Part III: The Reality Check and the Boy Scout
Monday, November 2nd, 2009
In the last two entries, I shared my observations of honesty and dishonesty in the bankruptcy process. It has been an issue that has been crawling under my skin for many months now. And in this last installment of Honesty and Bankruptcy, I explain why that is.
Honesty and Bankruptcy, Part II: Feeling Dishonest
Sunday, November 1st, 2009
It seems that many people are hypersensitive over H1N1. I was at the market yesterday and an older man sneezed, and by the looks on the faces of those standing around him, you’d have thought someone nearby was pointing and shrieking that he was a leper. Just because someone is sneezing or coughing doesn’t mean they have the swine flu. Just because someone is in bankruptcy or needs bankruptcy protection doesn’t mean they are dishonest. And just because someone feels like they did something dishonest does not mean that they don’t deserve bankruptcy protection. In other words, feeling dishonest is not the same as being dishonest.
Barney Frank: Please Read This
I have a bone to pick with Barney Frank. Yesterday, a new multi-million dollar loan program was rolled out by HUD. Sharing in the local announcements were local Congressmen and other elected officials.
According to a Boston Herald report:
Boston.com reported the program a little differently, but in substance, it’s the same.
That smells a bit like “hope.” So I’m afraid the sound of this program ruffles my feathers a bit. But what compels me to write is this quote, which also appeared in the same Boston Herald report:
Really?
I’m going on record: Mr. Frank, I’m no anarchist I find this program offensive. So today, I write this blog to you.
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Tags: Bankruptcy, Bankruptcy Abuse Prevention & Consumer Protection Act of 2005, Chapter 13, Commentary, Consumer Protection, foreclosure, Homes, homesteads and real estate, In the News, Mortgages and Foreclosures, Yep. We're in trouble.
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