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Has Your Mortgage Company Lied to You, Your Attorney and the Bankruptcy Court? »

While listening to closing arguments this week in a case pending before Houston Bankruptcy Judge Jeff Bohm, I was amazed to hear that attorneys for Countrywide allegedly had filed false documents with the Court claiming they charged $350.00 for their services when, in reality, they had charged $450.00!
If you liked that post, then try these…Where [...]

Debtor’s failure to pay wrap around mortgage note results in debt being non-dischargeable »

The Bankruptcy Court in the Eastern District of Texas, Sherman Division, recently found that a Debtor who sold his home through a wrap around note and who did not pay the mortgage company the money the debtor was receiving from the buyer could not discharge the debt owed to the buyer.
If you liked that post, [...]

IRS drops interest rate for the first quarter of 2008 »

The Internal Revenue Service announced today that interest rates for the calendar quarter beginning January 1, 2008, will drop by one percentage point. The rate of interest is determined on a quarterly basis.
For individuals, the overpayment and underpayment rate is the federal short-term rate plus 3 percentage points. The new rate for [...]

Just because you get your bankruptcy discharge doesn’t mean you get to keep it! »

The Bankruptcy Court in the Eastern District of Texas, Tyler Division, recently revoked a debtor’s discharge for (1) failing to schedule certain assets entirely and (2) substantially undervaluing other assets.
The Court found the debtor acted with fraudulent intent in intentionally not listing the assets and/or undervaluing the assets and concluded the discharge previously granted the [...]

Where Do I File My Bankruptcy Case in Austin, TX? »

If you live in one of the following counties, you are required to file your bankruptcy in the Austin Division of the Western District of Texas. The court is located in Austin at 903 San Jacinto Blvd.
If you liked that post, then try these…Can I Lose My Car if the Bank Screws Up? by [...]

Bankruptcy & non-escrowed mortgage loan - Practitioner Tip »

If a debtor’s loan is a non-escrowed loan and the property taxes are current when the bankruptcy case is filed, the debtor should consider scheduling the taxing authorities for notice purposes only so that if the debtor becomes delinquent on post-petition taxes, the taxing authorities do not file suit in state court and then proceed [...]

Deferral of Property Taxes in Texas »

Pursuant to Section 33.06 of the Texas Tax Code, homeowners over the age of 65, disabled persons, and persons 55 years of age or over who are the surviving spouse of a person previously entitled to a tax deferment may be entitled to complete deferment of taxes owed on the property for as long as [...]

Additional Homestead Exemptions in Texas »

Texas law gives additional homestead exemptions to homeowners 65 years of age or older, if you are a disabled homeowner, or if you are a disabled veteran.
If you liked that post, then try these…Avoiding Bankruptcy - the Banks, not Consumers by Kurt O’Keefe, Attorney at LawBankruptcy in Florida: Carmen Dellutri’s 2008 Predictions Part II by [...]

Refund of Force Placed Insurance Premiums »

If you had overlapping insurance, meaning you had your own insurance policy at the same time the mortgage lender had force placed insurance a/k/a lender placed insurance on your property, the mortgage lender can obtain a refund of the premiums for the force placed insurance for the periods in which you had overlapping coverage in [...]

Lender Force Placed Insurance - BAD!!! »

Force placed insurance, sometimes referred to as lender placed insurance, is bad, VERY BAD, for the Debtor/Borrower! It is very costly and does not protect you, the borrower. Many borrowers believe this coverage will cover their contents. Wrong! Further, unless the mortgage documents provide otherwise, the borrower does not have the [...]