Those who lost homes in the Great Recession may not be home free yet. Two kinds of creditors have claims that can be expected to pop up like figures in Whack a Mole: home equity lenders whose liens were cut off or released in foreclosure or short sale unpaid homeowners associations Let’s look at the […]
California Extends Protection For Home Loan Borrowers
One of the home refinance pitfalls for Californians bit the dust. Starting January, 2013, antideficiency laws that protect home loan borrowers from personal liability have been expanded to include a refinanced purchase money loan. If a borrower refinances a loan used to buy a property in which he will live, he will no longer lose […]
Borrowers Beat Wells Fargo In Trial Modification Case
The mortgage modification process has long felt like a match between David and Goliath. Homeowners have visions of negotiating with their lenders only to find that it’s a take-it-or-leave it proposition. All of the cards, and all of the choices, seemed to lie with the lender. The 9th Circuit Court of Appeals just evened the […]
Does Filing Bankruptcy Ruin My Credit For 7 Years
Will filing bankruptcy ruin my credit for seven years? I heard this again from a bankruptcy client this week. The only seven year debt forgiveness reference I can find is in the Old Testament: “Every seven years you shall forgive them their debts.” Bankruptcy has to be removed from your credit report after ten years. You […]
Does Foreclosure Forever Keep Me From Homeownership
If I lose this house, will I ever be able to buy a house again? That, in a nutshell, is the central worry of Bay Area homeowners who face foreclosure or short sale of their homes. That worry drives lots of homeowners to cling irrationally to a too-expensive house. Fall out of home ownership and […]
The Living Trust: Can You Trust It To Protect You?
Today’s post comes from Los Angeles area bankruptcy lawyer Mark Markus. The Revocable Living Trust. Everyone’s got one, but few can tell you what it does for them. And those who can tell you, often have it wrong. People create these trusts, stick their home, bank accounts, and other assets in them and move on. […]
Debt Buyer Gets Less Than It Bargained For
No way, said the court. A debt buyer who sued a foreclosed borrower, not for money owed, but for fraud in obtaining the loan, was slapped down by a California appeals court. Because the loan it bought was used to buy a home, California’s anti deficiency statute prevented the lender or the debt buyer from […]
Free Retirement Advice By Professional Advisor Comes Up One Tool Short
The 65 year old woman featured in the newspaper’s Money Makeover series got a free review of her financial situation by a professional financial advisor. Over her working lifetime, she’s been the source of financial support for an extended family, including her aged mother and a disabled sister. Her aid to her family has come […]
The Collection Call That Terrifies
Nothing strikes terror in someone behind on their bills like the fear that the collector will call their family. Sheer terror. It works, too. That fear is second only to a wage garnishment for bringing people to see a bankruptcy lawyer. The only flaw in the collector’s strategy in contacting your family about your debts […]
When Foreclosure Requires You Move
When you’ve decided to walk away from a house you can no longer afford, don’t overlook the opportunity to be paid to move out. The foreclosure crisis of 2008 brought with it a new phenomenon: cash for keys. The banks who bought the house at foreclosure realized that it is cheaper and more orderly to […]
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