Mortgage Issues In Bankruptcy

02 Jul Mortgage Litigation Conference

The National Association of Consumer Advocates (NACA) will conduct a Mortgage Lending Litigation Conference on September 5th, 2008 in Cleveland OH. The program is restricted to NACA members, however, qualified candidates who are members of the National Association of Consumer Bankruptcy Attorneys can submit an...

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09 Jun Judge Orders Mortgage Lender’s Attorneys To Review Bankruptcy Claims

Judge Pat E. Morganstern-Clarren of the U.S. Bankruptcy Court for the Northern District of Ohio, fed up with the shenanigans of law firm Brice, Vander Linden & Wernick, P.C., ordered the firm to review over 1,200 claims filed in pending bankruptcy cases. The edict arose from the judge's concern that Brice Vander Linden had been filing claims that included improper legal fees charged to the consumer without prior court approval. The results were interesting. Of the 1,266 claims that qualified for the audit, only 173 claims were actually reviewed. Why?

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04 Aug Protection from Unfair Mortgage Fees After Chapter 13

You need protection from unfair mortgage fees added to your account secretly during a Chapter 13 case. The surprise fees may not show up until after the case is over, when you sell or refinance, and when you have usually have no attorney representing you (since closing attorneys generally represent the lenders), never mind an attorney who knows that fees may NOT be added to a mortgage debt from when the bankruptcy case was open without court approval.
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22 Mar Is Chapter 13 the Answer, or Are You Kidding Yourself?

L. Jed Berliner's recent post, Bankruptcy, Mortgages and Miracles, got me thinking about when a Chapter 13 is appropriate in order to stop a foreclosure. Chapter 13 can be a last, and sometimes only, chance to save your home. But when is Chapter 13 the right choice? First, some basic facts about what a Chapter 13 can and cannot do. In most cases, a Chapter 13 won't change the regular monthly payment you are required to make on your home mortgage (or mortgages, if you have more than one). Chapter 13 will not change the interest rate on your mortgage, or stop an adjustable rate from increasing your payment, or prevent a balloon payment from coming due. Shortly after filing Chapter 13, you will be required to resume making regular payments. (This is because most people cannot pay off their mortgages in 60 months, the maximum term of a Chapter 13.)
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