Board Certified Specialist in Bankruptcy
This video of a Charlotte, NC family being foreclosed upon by their homeowners association (HOA) is a cautionary tale illustrating the power of HOAs.If you are facing a foreclosure by your homeowners association, or are substantially behind on HOA dues and have concerns about how to resolve this, you are not alone and a bankruptcy filing may be a viable solution. A story in The … [Read more...]
With 23.5 percent of Charlotte metro area homes valued at "negative equity" (or near it) mortgage holders are looking for exit strategies, including short sales.An article in Charlotte Magazine described the dynamics behind the "surge" in short sales like this: Legal challenges have put a halt to many foreclosures, and the government is encouraging banks to accept short-sale offers from … [Read more...]
Some Chapter 7 debtors are current on their mortgage obligations at the time of the bankruptcy filing, and there is no equity (value above mortgages and liens on the property) that can be reached by creditors. In this situation, the debtors may keep, and continue to own, the property throughout the Chapter 7 case and after the case it is closed – so long as they continue to uphold their end of … [Read more...]
When we warn clients about the rocky road toward a permanent mortgage modification, and why bankruptcy protection may make more sense for them, they always think THEY will be the one who succeeds. Odds of seeing the Loch Ness Monster are worse, but not by much. Only 35% of applicants have received permanent modifications, and, in our clients’ experience, the permanent modification sometimes … [Read more...]
We all love stories about the "little people" who prevail against the "big bad banks." Recent stories about the so-called "robo-signing" debacle have fueled hopes among people facing foreclosure that they may be able to buy themselves some time or even slip through the clutches of predatory lenders altogether. More luck than legal basis Then there's the story about a Florida woman who's been … [Read more...]
We often talk to prospective clients who hope to avoid foreclosure and bankruptcy by applying for a mortgage modification. While we always wish them the best of luck, we consider it our professional duty to inform them of what lies ahead if they apply with the Home Affordability Modification Program (HAMP).In October, Bloomberg reported on congressional hearings, which include this fact: even … [Read more...]
"Strategic default" is a conscious decision by a borrower to stop paying the mortgage(s) on a real property even though the borrower can afford the payment(s). It can happen for a number of reasons and is not a decision to be made lightly or without education about the legal, tax and credit consequences. We have counseled clients about strategic default in these common scenarios: [note]The … [Read more...]
Last week's Wall Street Journal carried an article about real estate scams targeting older Americans . It said, "Reverse-mortgage fraud, typically committed by homeowners' relatives, caretakers or financial advisers, has also been cropping up recently in schemes to unload distressed real estate. Regulators cite cases in which real-estate speculators bought properties on the cheap and then sold … [Read more...]