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Don’t Fall For Your Mortgage Lender’s Insurance

By Cathy Moran

lender home insurance

The mortgage lender’s property insurance does not leave you in good hands. No matter how much time it saves you. Your lender is not a good neighbor when it comes to insurance. When your home insurance lapses Somehow my client let her homeowners insurance lapse.  She wasn’t worried about it, she told me, because the […]

Filed Under: Real property & mortgages Tagged With: force-placed insurance, homeowners insurance

Get Rid Of Liens On Your Home

By Cathy Moran

bankruptcy superpower

Bankruptcy gives you a super power: you’re able to remove liens on your home, for good. You can’t wipe out every kind of lien. But bankruptcy law allows you to invalidate judicial liens that attach to your home and invade any exemption you are entitled to. The power is available to individuals in any chapter […]

Filed Under: Real property & mortgages

Get real information about what’s happening with your mortgage loan payments

By Cathy Moran

What have they been doing with my payments on mortgage loan? The client has been making a mortgage payment according to the HAMP formula for almost 18 months of her Chapter 13. Yet without a 1098 form, her very capable tax preparer told her she couldn’t deduct mortgage interest on her tax return. Never fear. We have […]

Filed Under: Real property & mortgages, Taxes Tagged With: loan payments, QWR, request for information

How 13 Works To Save Your House From Foreclosure

By Cathy Moran

save house

Saving a house from foreclosure is the single reason most people file bankruptcy. Bankruptcy stops foreclosure- that’s a given. But then what? How can bankruptcy save the house from foreclosure,  rather than just putting off the inevitable loss? After all, the mortgage lender has a lien on the house, and liens aren’t discharged in bankruptcy. […]

Filed Under: Chapter 13, Real property & mortgages Tagged With: 2017, chapter 13, foreclosure, keep house, save house

7 Keys To Keeping Your House: Chapter 13 After You File

By Cathy Moran

keep the house

You filed filed Chapter 13 bankruptcy to keep your house and stop the foreclosure.  You’ve protected your home, for the moment. Bankruptcy gets you a sheltered legal environment to address the problems with your mortgage. You heave a sigh of relief. But the fight to keep your house isn’t over, just because there’s a stay.  […]

Filed Under: Chapter 13, Real property & mortgages Tagged With: 2019, chapter 13, keep the house

It Takes More Than Bankruptcy To Save Your House

By Cathy Moran

California homestead

Protecting your house from foreclosure ranks high on the list of reasons people file Chapter 13. The automatic stay stops foreclosures; Chapter 13 gives you time to fix the problem. Powerful stuff. But the stay and more time, alone, aren’t enough to save the day if you run afoul of other rules, written and unwritten, […]

Filed Under: Chapter 13, Real property & mortgages Tagged With: 2018

Is Home Equity A Substitute For Retirement Savings

By Cathy Moran

Home as retirement savings

My home is my retirement plan. If I had a dollar for every time a client said that, I could retire today. But that approach to funding your old age only works if…. Sell your house to retire The value in your house makes your balance sheet strong, but doesn’t put food on the table […]

Filed Under: Real property & mortgages Tagged With: 2017, home equity, retirement

Inherited Homes Now Come With Full Measure Of Consumer Rights

By Cathy Moran

mortgage protections

Half a loaf is what you too often got when you weren’t the original borrower on a home loan.  No mortgage servicing rights under Federal law came title to the property. Whether you inherited the property or it was awarded to you in a divorce, you get shortchanged by the mortgage lender. Even with  a […]

Filed Under: Real property & mortgages Tagged With: 2018

When The Lender Changes Its Tune After Chapter 13

By Cathy Moran

mortgage mess

The mortgage servicer took less than 30 days to change its story, big time. In three weeks time, the loan servicer went from telling the bankruptcy court, under penalty of perjury, that the loan was current, to telling the homeowner that she was $50,000 behind. The whole story appears here. Three weeks! And there, in […]

Filed Under: Real property & mortgages Tagged With: 2018, mortgage servicing

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Bankruptcy Basics

About The Soapbox

You’ve arrived at the Bankruptcy Soapbox, a resource of bankruptcy information and consumer law.

Soapbox is a companion site to Bankruptcy in Brief, where I try to be largely explanatory and even handed (Note I said “try”).

Here, I allow myself to tell stories and express strong opinions. We dig deeper into how to consider bankruptcy and navigate a bankruptcy case.

Moran Law Group
Bankruptcy specialists for individuals and small businesses in the San Francisco Bay Area

How Bankruptcy Works

Cheat Sheet For Passing Bankruptcy Means Test

The bankruptcy means test has a fatal weakness in its attempt to keep people out of bankruptcy. Like so much recently, it's health care. It's health care, in the future, to be paid before your creditors get any money in your bankruptcy. It works because, in a logic that only Congress could employ, the means … Read more

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