April 2008

Six Trillion Dollars in Home Equity Gone

by Kurt O'Keefe, Attorney at Law

That is the guess of  a Washington Think tank based on the Case-Shiller home price index, as reported in today’s Los Angeles Times. Supposedly, this will complete the deflation of the housing bubble started by Mr. Greenspan. This will put more homes underwater, worth less than the amount of the mortgages borrowed against the house. [...]

Loan Modification: Who Ya Gonna Call? Part II

by Carmen Dellutri, Southwest Florida Bankruptcy Attorney

Yes, the government has passed pages and pages of legislation and they have talked this problem to death, but they cannot seem to grasp the basic communication problems going on here. Nowadays, a person cannot speak with their mortgage company, they usually have to speak with a mortgage servicer. Before we speak about mortgage servicers, [...]

Landlord charged with serving fake eviction notice

by Chip Parker, Jacksonville Bankruptcy Attorney

Inevitably, in this economy, people cannot pay debts they owe, including their monthly rent. Failure to pay rent results in the legal removal of the tenant by the landlord in a process known as eviction. However, when that legal process becomes too inconvenient, a landlord might just try to fake it. As reported in the [...]

Florida Attorney General Sues “Foreclosure Consulting Service”

by Carmen Dellutri, Southwest Florida Bankruptcy Attorney

As the whole world knows, Lee County, Florida is leading the nation in foreclosures. The cities in Lee County that are experiencing the highest foreclosure rate are Cape Coral and Lehigh Acres. According to the latest statistics, something like 1 in 86 homes in Lee County are in the foreclosure process, and not much is [...]

Am I Protected From Creditor Abuse?

by Karen Oakes, Southern Oregon Bankruptcy Attorney

Many of my colleagues’ and my postings have concerned the abuse by debt collectors and how the FDCPA protects consumers….BUT, what about when original creditors heap abuse on someone?   Many states have passed a state version of the FDCPA to protect their consumers, but one benefit of those state laws is that often, original creditors [...]

No Bankruptcy Discharge if Unlisted Credit Cards

by L. Jed Berliner, Springfield, MA Bankruptcy Attorney

She didn’t want to totally destroy her credit, so she didn’t list five credit cards with small balances. Sound familiar? Perhaps you’ve had this thought. Bankruptcy papers are signed under penalties of perjury, and are the same as live testimony in court. If you knowingly leave something off, you’ve lied and your bankruptcy protections are [...]