January 2010

31 Jan Will the Chapter 13 Trustee Allow Me to Modify My Mortgage If I Can Get the Mortgage Company to Offer One?

If you are lucky enough to get your mortgage company to offer a meaningful modification of your mortgage while you are in a Chapter 13, you probably can get the Trustee and the Court to agree to allow it. There are a number of issues, however, that need to be addressed. Before modifying your mortgage you will need to inform your attorney that your mortgage company is willing to entertain a modification. You will also need to present your attorney with the details of the proposed modification. Your attorney will then get the needed permission from the Trustee and/or the Court. One of the concerns the Trustee and Court may have is how the modification will affect the amount of disposable income you have each month.
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31 Jan New Formality for HAMP Trial Periods

For those seeking loan modifications through the Home Affordable Modification Program ("HAMP") the way of getting into a trial period with a lower payment has varied among mortgage servicers. Some have required initial documentation to start the trial period and a payment from the borrower, others have just put borrowers into trial periods based on a phone conversation. Starting soon--for all trial periods with effective dates on or after June 1, 2010--a servicer must get the following documentation from a borrower before beginning a HAMP trial period.
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31 Jan Parker & DuFresne contributes $5,000 to Jacksonville Area Legal Aid

North Florida’s most needy citizens turn to Jacksonville Area Legal Aid for free legal assistance in all consumer matters. JALA operates on a shoestring budget and relies directly upon the government funding, volunteer services and private financial contributions. For years, Parker & DuFresne has taken cases pro bono through JALA’s attorney referral program, and we currently represent dozens of homeowners in bankruptcy and foreclosure defense cases free of charge. Our firm is proud of our partnership with JALA, and as further commitment to “providing a wealth of justice for those who have neither,” Parker & DuFresne has recently contributed $5,000 to JALA’s considerable task.
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