The December report of the Congressional Oversight Panel comes as no surprise to consumers and their attorneys; TARP may have prevented a bigger financial crisis for the United States but it has failed to stem the foreclosure crisis

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 [...]

As a mortgage foreclosure defense attorney, it really burns me up that homeowners are once again getting the short end of the stick.  There is a double standard going on in this real estate meltdown.  Lenders are telling homeowners that they have a “moral obligation” to pay their mortgages, and the failure to do so [...]

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 you file a bankruptcy case, you might want to keep your mortgages intact.
You have the choice of reaffirming a mortgage or not.
If you reaffirm, the mortgage remains a lien on your property and you remain personally liable for the debt.  The contract is unchanged.
Sometimes, your lawyer will recommend that you not reaffirm the mortgage [...]