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How To Save Your House After Filing Bankruptcy

By Cathy Moran

California homestead

Saving 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

Don’t Fall For Your Mortgage Lender’s Insurance

By Cathy Moran

lender home insurance

If the mortgage company provides your property insurance, you are not 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, […]

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

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

By Cathy Moran

What have they been doing with my mortgage payments? 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 a new […]

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

The Thousands That Sat In Mortgage Suspense Account

By Cathy Moran

suspense balance

Sharp eyes on the part of the debtor spotted the unapplied suspense balance, and diligence on the part of his attorney, saved one homeowner $27,000. Mortgage payments during Chapter 13 During his Chapter 13 case, the borrower continued to make monthly payments on his mortgage. But the loan servicer for Bank of America dumped payments […]

Filed Under: Real property & mortgages Tagged With: 2022, mortgage servicing, Reg. Z, suspense balance

Bankruptcy Alphabet: H is for House

By Cathy Moran

In my bankruptcy alphabet, H is for house. Can I keep my house if I file bankruptcy, anxious homeowners ask. In most cases, my answer is “yes”. Should you keep the house is another question. Houses are vulnerable in bankruptcy only if there is significant equity above the total of the mortgage payoffs and delinquent […]

Filed Under: ABC's of bankruptcy, Real property & mortgages

Do You Need To Reaffirm Your Home Loan After Bankruptcy?

By Cathy Moran

refinance after bankruptcy

Banks, most especially Wells Fargo, seem to relish denying refinance applications for debtors who didn’t reaffirm home mortgage in bankruptcy. You didn’t reaffirm your existing home loan, so we can’t refinance that debt, they chortle. Sometimes, the dig is even more painful (to me at least):  your attorney didn’t do this right so you are […]

Filed Under: Real property & mortgages Tagged With: 2018, California, reaffirm

Facing Foreclosure, You Need A Plan B

By Cathy Moran

stop foreclosure

Bankruptcy stops foreclosures, with certainty. It’s the surefire defense to a scheduled foreclosure sale. Then why do homeowners keep waiting til the day before the sale to find a bankruptcy lawyer? Most of the other ways to stop a foreclosure sale require either gobs of money or an agreement with the existing lender or a […]

Filed Under: Real property & mortgages

What’s After Forbearance

By Cathy Moran

mortgage forbearance

Last spring, the CARES Act entitled everyone with a federally backed home mortgage to a forbearance of 6 months, extendible for another 6 months. 15 USC 9056. The end of the mandated forbearances is approaching for many. But the law provides no clue as to what comes after forbearance. Fannie Mae (the Federal National Mortgage […]

Filed Under: Real property & mortgages Tagged With: 2021

5 Essential Tips To Understand Your Mortgage Loan

By Cathy Moran

mortgage debt

Figuring out what your home loan balance is can be harder than a calculus exam. For most people, their mortgage is their biggest debt.  And their home is their most important asset. Yet, the people accounting for your payments are increasingly incapable of the very basics of their job.  And that makes your job, as […]

Filed Under: Real property & mortgages Tagged With: 2017

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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

When Can I File Bankruptcy Again

Remember the old high school cheer:  two, four, six, eight, who do we appreciate? Turns out, that's not just a cheer, it's shorthand for the rule on when you can file bankruptcy again. And it points out that when you can file again depends on what kind of bankruptcy you filed last time. Here's how it … Read more

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