Chip Parker is the managing partner of Parker & DuFresne, P.A., where he represents Northeast Florida businesses and consumers facing bankruptcy, and homeowners facing foreclosure. His firm files more homeowners in the Mortgage Modification Mediation Program than any other law firm in Northeast Florida.

Parker is the recipient of Jacksonville Area Legal Aid's prestigious Award for Outstanding Pro Bono Service. Mr. Parker is an active member of the National Association of Consumer Bankruptcy Attorneys and National Association of Consumer Advocates.

 

Author: Chip Parker, Esq.

30 Aug The New Rules For Getting An FHA Mortgage After Bankruptcy

The Federal Housing Administration, in a major policy change, has announced easier rules for people looking to get a mortgage after bankruptcy.

The Federal Housing Administration will allow a bankruptcy debtor to get a mortgage backed by FHA in as little as one year after bankruptcy - if certain minimal criteria are met.

The one year timeframe also applies to short sales and even foreclosures.

This is yet another acknowledgment that the “stigma” of bankruptcy has been replaced by the “necessity” of bankruptcy.

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15 Aug 11th Circuit: Debtor’s Tax Refund Exempt as Tenants by the Entireties Property

In a recent opinion (In re Uttermohlen), the Eleventh Circuit Court of Appeals ruled that a bankruptcy debtor’s tax refund can be claimed as exempt as “tenants by the entireties” property if the debtor’s spouse does not also file bankruptcy and if they have no joint unsecured debt.

On his Bankruptcy Schedule C, Mr. Uttermohlen listed as exempt his 2010 Tax Refund, in an amount to be determined, under Florida law. He later amended his Schedule C to claim that the amount was $10,668.00, and by definition was exempt as tenancy-by-the-entireties property (known as TBE exemption) under 11 U.S.C. § 522(b)(3)(B), as well as Florida law.

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15 Jun Why does Bankruptcy Court have the highest mortgage modification success rate?

As I have previously reported, the highest probability of forcing your mortgage servicer to modify your mortgage is in the Chapter 13 Bankruptcy Mortgage Modification Mediation Program. Historically, mortgage modifications since 2008 (when mortgage servicers borrowed hundreds of billions of taxpayer money in a program known...

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