By Michael Doan on Mar 30, 2008 in Bankruptcy Practice and Procedure, California, Chapter 12 Bankruptcy, Chapter 13 Bankruptcy, Chapter 7 Bankruptcy, General Bankruptcy Information, Means Testing, Pay-Off Statements, Role Of The Lawyer, Venue and Qualifications | 0 Comments
With the advent of the new Bankruptcy laws in 2005 came a plethora of new changes and requirements, most of which require numerous substantiating documents which also coincide with strict time frames. Failing to supply such documents and/or abide by the new time frames might mean something as slight as continuation of your case to [...]
Popularity: 43% [?]
By Jonathan Ginsberg, Atlanta Bankruptcy Attorney on Nov 6, 2007 in Consumer Protection, Debt Collector Abuses, Mortgages, Pay-Off Statements | 0 Comments
Today’s issue of the New York Times includes a feature entitled “Dubious Fees Hit Borrowers in Foreclosure.” The article describes a phenomenon that most bankruptcy lawyers see on a regular basis - bizarre and unexplained fees tacked on to a mortgage balance when a property enters into the foreclosure or bankruptcy process.
If you liked that [...]
Popularity: 22% [?]
By Stephen Otto, Pennsylvania Bankruptcy Attorney on Oct 30, 2007 in Automatic Stay, Bankruptcy Cases of Interest, Bankruptcy Practice and Procedure, Benefits of Bankruptcy, Chapter 13 Bankruptcy, Consumer Protection, Decisions of Interest, Florida, Lawyer to Lawyer, Mortgages, Pay-Off Statements, Role Of The Lawyer | 0 Comments
On May 14, 2007, the United States Bankruptcy Court for the Southern District of Florida held that an escrow shortage regarding which Countrywide failed to timely and properly notify the Debtor and/or Counsel for the Debtor pursuant to the Real Estate Settlement Procedures Act (RESPA) should be deemed waived such that Countrywide may not now [...]
Popularity: 36% [?]
By L. Jed Berliner, Springfield Bankruptcy Attorney on Oct 21, 2007 in Automatic Stay, Bankruptcy Cases of Interest, Bankruptcy Practice and Procedure, Benefits of Bankruptcy, Consumer Protection, Debt Collector Abuses, Decisions of Interest, Lawyer to Lawyer, Massachusetts, Mortgages, Pay-Off Statements | 0 Comments
Two Massachusetts courts disagree on whether bankruptcy laws supercede federal consumer protection statutes. Ameriquest Mortg. Co. v. Nosek (In re Nosek), 354 B.R. 331 (D MA 2006) ruled that bankruptcy laws are all-encompassing and replace the other specific statutes, while Holland v. EMC Mortg. Co. (In re Holland), 2007 Bankr. LEXIS 3187 (Bankr D MA [...]
Popularity: 22% [?]
By Peter Orville, Attorney at Law on Oct 9, 2007 in Bankruptcy Practice and Procedure, Chapter 13 Bankruptcy, General Bankruptcy Information, Lawyer to Lawyer, New York, Pay-Off Statements, Role Of The Lawyer | 0 Comments
The Chapter 13 Trustee gets a fee which is used to pay the expenses of running the Chapter 13 Trustee’s office. That fee is a certain percentage taken out of almost all of the payments made by the Chapter 13 Trustee to creditors. The fee is set by the office of the United States Trustee, [...]
Popularity: 14% [?]
By Kent Anderson, Oregon Bankruptcy Attorney on Aug 29, 2007 in Foreclosure Issues, General Bankruptcy Information, Life After Bankruptcy, Mortgages, Pay-Off Statements | 0 Comments
A debtor in bankruptcy should follow some simple rules to protect against predatory home loan servicing. As I discussed in an earlier article, the bankrupt borrower provides an opportunity for a servicer to harvest a bumper crop of fees and charges. The debtor must be careful to keep watch on their home loan throughout the [...]
Popularity: 12% [?]
By Pamela Stewart, Attorney at Law on Aug 11, 2007 in General Bankruptcy Information, Pay-Off Statements, Texas | 0 Comments
If you own a home in Texas and your mortgage company has charged you a fee to obtain a payoff statement - you may be owed a refund.
The statute is located in Chapter 83 of the Texas Administrative Code. It states if the borrower, spouse of a borrower, or a co-obligor (not a title company [...]
Popularity: 12% [?]
