Like a sleeping bear, long-silent second mortgages hibernate in people’s houses these days. They are quiet, a snoozing predator, just waiting for spring. And it can be bloody when those sleeping mortgages awaken hungry and look around for something to fill its pocket. Here in California the coming slaughter is particularly noticeable because the value […]
Before You List Your Home For Sale: The Essential First Task
Selling your home? Before you list your home, before you interview a realtor, before you lift a paint brush, or clean a closet, you need to write a letter. A letter to the servicer of your mortgage. You want full disclosure of what charges, fees, expenses and other “stuff” they want to collect from […]
Mortgage Forbearance And The Hidden Gotcha: Escrow
Got a mortgage forbearance? Watch out for the escrowed taxes after the forbearance is up. While the CARES Act made forbearance on federally backed mortgages available for the asking. But no one talked about the escrow portion of the skipped mortgage payments. Federal guidance urged servicers to offer easy ways to pay the skipped payments […]
The Judgment Lien That Escaped Your Bankruptcy
What do you do when you discover old judgment liens on your home long after you filed bankruptcy? Your bankruptcy case is closed. You’re recovering nicely. Then you find there’s a judgment lien on your house that you didn’t know about. And the law says that liens survive a bankruptcy case, unless the bankruptcy court […]
What’s After 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 […]
How To Make Mortgage Lender ‘Fess Up
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 […]
No House, No Discharge When Chapter 13 Goes Off Script
Sound the alarm. What began as a trickle of Chapter 13 cases ending badly has become a torrent. More and more, bankruptcy judges are strictly enforcing the direct pay term of Chapter 13 plans. UPDATE: December, 2020 COVID relief bill provides an out for debtors who aren’t current on their mortgages, effective for a year. […]
How To Save Your House With Chapter 13 Bankruptcy
Saving your house 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, about homeownership […]
DIK Remedies For Foreclosure Breed Bankruptcy Tragedies
Warning: virulent outbreak of do-it-yourself bankruptcies all around. Symptoms: panic over prospect of foreclosure Supposed remedy: file your own skeleton Chapter 13 bankruptcy Prognosis: enjoy the stay for about 2 weeks, followed by foreclosure relapse Homeowners facing foreclosure Three different would-be clients called in a 10 day period this month, facing foreclosure. And all three […]
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