Servicers must now send monthly mortgage statements to borrowers in bankruptcy under a new CFPB rule effective April, 2018. Thus ends, we hope, years of uncertainty and indifference, rooted in the automatic stay and a homeowner’s ongoing obligation on their mortgage after bankruptcy. The earlier version of the rule, adopted in 2014, allowed servicers […]
Sloppy Mortgage Servicers Prey On Borrowers
Given the way they behave, you’d think mortgage servicers actually flew a pirate flag over their operations. They cash your check for the mortgage payment, then who knows what they do with it and what they credit it to. Outside of bankruptcy, screw ups in handling your payments are a breach of the contract […]
Bankruptcy Judge – Umpire In A Robe?
The most powerful tool for debtors fixing things is the bankruptcy judge. My friend bankruptcy lawyer Doug Jacobs explains the difference between the bankruptcy chapters available to individuals this way: Chapter 7’s fix things; Chapter 13’s allow debtors to fix things. Kinda like the difference between grabbing a quick shower and spending a week at the […]
Chapter 13 Discharges HOA Debt
Condo fees that come due after a Chapter 13 bankruptcy is filed are discharged at the conclusion of the case. In a victory for condo owners, the 9th Circuit Court of Appeals ruled that the more expansive Chapter 13 discharge trumped a bankruptcy statute sticking condo owners with the fees. Or really, this is a […]
Feds Offer Deferral Option For Home Mortgage Payments
Homeowners with federally backed mortgage loans got a lifeline for payments skipped under COVID 19 home loan forbearance agreements. The feds have mandated that servicers offer deferral as one way to repay those payments that came due while the loan was in forbearance. Deferral results in the missed payments being added to the back end […]
Mortgage Forbearance For Non-government Backed Loans
Are you one of the homeowners whose mortgage isn’t eligible for the government’s COVID forbearance protections? Home loans not backed by the federal government are excluded from the protections for borrowers implemented by FHFA . But as much as one third of US home loans are not backed by the federal government. If that includes […]
Mortgage Payments During California Shelter-in-Place
Is my house at risk if I have no income due to coronavirus? With economic activity at a dead halt due to COVID-19, California homeowners worry about next month’s mortgage payment. And the month after that, for as far as the pandemic can see. While it’s early days, and I fully expect broad governmental measures […]
Home Mortgage Forbearance: Will It Save Your Home From Pandemic?
Mortgage forbearance for homeowners, shout the headlines. No need to make a house payment. Borrowers who can’t make this month’s mortgage payment were thrown a lifeline of sorts in the coronavirus rescue package. Only it’s probably not the help you think it is. And the lifeline may be far more fragile than you will need […]
Explaining The Increase In Monthly Mortgage Payments On Long Established Loans
Why has my mortgage payment increased so much? That’s the question I’m getting from lots of clients recently. Interest rates are creeping up on variable rate loans, but not dramatically. For most of those asking, it’s because the interest-only period of their home loan has run. Loans promised increased mortgage payments Borrowers forgot that lots […]
The Foreclosure That Was Longer Than War & Peace
How much time til foreclosure? Foreclosure is coming. Whether by choice or circumstances, you know the bank will take the house. Should you start packing immediately? The way banks are currently operating, the answer is: not yet, not soon, not for a long time. For one of my clients, the answer to how long was well more than […]
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