You can still get the tax credit for buying a new home, but time is running out.  The much heralded tax credit for new home buyers was extended in November 2009. The tax credit is available to both first-time home buyers and homeowners who have owned their home for five years.
First-time homeowners will receive an [...]

If you are lucky enough to get your mortgage company to offer a meaningful modification of your mortgage while you are in a Chapter 13, you probably can get the Trustee and the Court to agree to allow it. There are a number of issues, however, that need to be addressed.
Before modifying your mortgage you [...]

Mortgage companies often fail to discharge a mortgage, even in the face of a Court order directing them to do so.
When you file a Chapter 13 bankruptcy, you often can get rid of your second mortgage if the balance of the first mortgage is greater than your home’s value. If this is the case, the [...]

In parts 1, 2 and 3 we discussed how mortgage companies often engage in “double dipping”, how they often fail to send you monthly statements, and they ways in which they misapply monthly mortgage payments during your Chapter 13 case.  Part 4 discusses how a mortgage company can force a homeowner to add escrow to [...]

In Part 1, we discussed how mortgage companies often engage in “double dipping” when you are in a Chapter 13. Part 2 dealt with how mortgage companies commonly fail to send you a monthly statement while you are in a Chapter 13 bankruptcy. Part 3 addresses the ways in which mortgage companies often misapply monthly [...]

In Part 1 we discussed how mortgage companies often engage in “double dipping” when you are in a Chapter 13.  Part 2 deals with how mortgage companies commonly fail to send you a monthly statement while you are in a chapter 13 bankruptcy.
In many parts of the country, when you file a Chapter 13, you continue to make your [...]

Mortgage companies are well known for having numerous and continuous problems keeping a proper accounting of the mortgages they hold.  This is particularly true in the context of a Chapter 13 case where the mortgage company is paid by the Chapter 13 Trustee for the pre-petition arrears, and by the homeowner for the ongoing post-petition monthly mortgage payments. [...]

When your mortgage company begins the foreclosure process, they file what is called a “lis pendens” (Latin for “lawsuit pending”) with the county clerk’s office.  This puts the public on notice that they are intending to foreclose on your home.  In many areas of the country, you will start receiving mail from a variety of people [...]

meaningful mortgage modification in Chapter 13
homeowners will be losing their homes
keep your home

Once you have paid off your mortgage in full, the mortgage company is under an obligation, at least in New York State, to discharge your mortgage within thirty days.  Unless you request otherwise, the mortgage company should present a satisfaction of mortgage to the county clerk’s office for recording within thirty days.
Your mortgage company is [...]