Showing posts with label Bankruptcy. Show all posts
Showing posts with label Bankruptcy. Show all posts

Wednesday, February 18, 2009

The Government, the Banks, Lobbyists and Mortgage Modification

Well, it looks like the U.S. Government is finally putting some muscle behind mortgage modification. For factual details about the plan go to the new website www.financialstability.gov.

I hope that this program will fare better than Hope for Homeowners, a refinancing programs unveiled this fall with much fanfare. According to Business Week in "How Banks are Worsening the Foreclosure Crisis" by Brian Grow, Keith Epstein and Robert Berner, only 25 loans have been refinanced through Hope for Homeowners. You may ask - Why? Well, the Business Week article explains, "One reason foreclosures are so rampant is that banks and their advocates in Washington have delayed, diluted, and obstructed attempts to address the problem. Industry lobbyists are still at it today, working overtime to whittle down legislation backed by President Obama that would give bankruptcy courts the authority to shrink mortgage debt. Lobbyists say they will fight to restrict the types of loans the bankruptcy proposal covers and new powers granted to judges." Essentially, it sounds like the banks via their lobbyists have successfully watered down Congress's efforts to help stem the tide of foreclosures. The final affect is that the previous proposals have become useless.

As a bankruptcy lawyer and real estate broker in California, I see the trouble responsible, hard-working people are in with their mortgages on properties that they can no longer sell. Unfortunately, many of these people have pinned their hopes on modifying their mortgages to no avail. In fact mortgage modification (and short sales for that matter) had been gaining momentum until the banks received all of the stimulus money with very few strings attached. This fall, it seemed like the banks lost any motivation for working with borrowers.

I am hopeful that our government has learned from its mistakes and that we can do what is best for the American people rather than kowtowing to some handsomely paid lobbyists!

Friday, January 23, 2009

Mortgage Modification for Investment Property

Did you know that a Bankruptcy Judge can modify a mortgage on investment property? This does not apply to Chapter 7 cases but does apply to Chapter 13 cases. Currently, judges cannot modify mortgages solely secured by your personal residence. (There are a few exceptions but this is the general rule.) This is what the new bankruptcy legislation is attempting to fix.

It also appears that the mortgage modification bankruptcy legislation will not be part of the economic stimulus package. However this legislation still has the support of President Obama and the Democratic legislature.

Wednesday, January 7, 2009

Mortgage Modification in Bankruptcy?!?

Good news! Yesterday, the Senate and the House introduced the "Helping Families Save Their Homes in Bankruptcy Act." This legislation would allow judges to modify mortgages in bankruptcy. Passage of this act would be a huge help to many homeowners who are facing foreclosure.

This is not the first time that mortgage modification in bankruptcy has been proposed but each time the lender's lobbyists have prevailed. It is estimated that there will be 8 to 10 million foreclosures in the next four years and Congress now looks like they may be willing to help out with this crisis.

I will keep you posted as this legislation progresses.

Tuesday, November 18, 2008

Book Review: Guide to Surviving Debt from The National Consumer Law Center


If you are in need of some reliable advice about how to deal with your current debt load, Surviving Debt is a great book for you. There are so many scams out there right now that are targeting consumers who are in a difficult situation. I like this book because it advocates for the consumer but also does not mince words. There are also new chapters on mortgages, loan modification or workout options and stopping foreclosure. It is a very practical handbook that explains how to deal with your debt in plain language - basically in non-lawyer terms. It is not something that most people will need to read cover to cover. Instead, I think it is best used as a reference book.