Sub-prime Mortgage Crisis & Chapter 13 Filings

In recent months, the amount of foreclosures filed throughout the country has more than doubled from the same time period last year. The reasons for such high percentage of filings are numerous. Primarily, the sub-prime mortgages have landed in the hands of individuals who most likely did not qualify for convention financing. Thus, the interest rates on the loans remain higher than other conforming loans. Additionally, many of the sub-prime loan products involved adjustable rates (ARMS) which typically re-set within the first few years of the loans inception.

As sub-prime loans relate to Chapter 13, the typical scenario is as follows: The homeowner qualifies for the loan without a substantial down payment and without significant income documentation. The monthly payment is a stretch for the homeowner; however, it is temporarily manageable. Depending upon the type of ARM, the loan may reset in one, two or three years. It is at that point in time that the homeowner may not be able to make the new, higher mortgage payment. The homeowner is also unable to refinance the debt on the property since the type of loan products needed to accomplish that task no longer exists. Thus, the homeowner is in quite a tough situation. The current real estate market would make it nearly impossible for the homeowner to sell the property and pay off the mortgage. Chapter 13, known as the home saver case, would not be practicable in the case of adjusting ARMS.

The idea behind Chapter 13 bankruptcy is to allow a homeowner to catch-up on whatever mortgage arrears have arisen in addition to making the current mortgage payment on time. As rates adjust and loans reset, the homeowner simply cannot make the current mortgage payment, let alone a partial payment to catch-up. The situation is basically a doomsday for both the homeowner and the mortgage company. The homeowner was banking on the ability to make the payments and/or refinance the outstanding debt at a later date. The lack of real estate appreciation has led to the inability on the part of the homeowner to do just that.

What we are likely to see is a large number of homes on the market for sale. Many of the borrowers will file for Chapter 7 bankruptcy and not Chapter 13 bankruptcy. I believe that the market will take five to seven years to begin to show some signs of appreciation. It will be interesting to see if Congress amends the bankruptcy code to allow mortgage debts to be adjusted. If not permanently, then for a short time frame of three to five years.

David M. Siegel is the author of Chapter 7 Success: The Complete Guide to Surviving Personal Bankruptcy. He is a member of the American Bankruptcy Institute and currently practices bankruptcy law in Chicago and its surrounding suburbs. Additional information is available at http://www.chapter7success.com .

A Good Declaring Personal Bankruptcy – Is it a Good Way to Get Out of Your Financial Crisis?

Finding yourself in a position where you are in more debt than you can feasibly afford to pay back and you have constant calls from creditors can be a terribly stressful situation. It might seem, when you feel so stressed, that declaring personal bankruptcy would ease the burden of stress you feel. But this might not necessarily be the case. You should certainly consider the consequences of declaring personal bankruptcy before you go ahead and do so.

And while it might not be absolutely impossible to obtain credit during this time, if you are able to do so you will almost always face a high interest rate as a high risk borrower.

Although, by the same token, having your credit restricted in such a way might not be a bad thing! It will force you into a situation where you have to rely less on credit and more on living within your means, buying only what you can afford and getting into altogether better spending habits. This could be the reformation you absolutely need to ensure you never end up back in a situation where you have to resort to declaring personal bankruptcy again.

Another consequence, though more a consequence for creditors than for you personally, is that creditors whose debts are wiped out by your bankruptcy will not see that money again. However, smaller businesses who lend money are impacted terribly by this.

You should also bear in mind that your bankruptcy will be public record and therefore could well damage your reputation as well as make you feel embarrassed.

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Find out more about declaring yourself bankrupt and what are the considerations you should take note of.

Bankruptcy Attorney – To Help You Through Your Financial Crisis

A bankruptcy attorney is the expert who focus specially on bankruptcy law and provide help at the time of legal requirement. They can come to the aid of individuals as well as organizations that are facing such proceedings. These lawyers explain the nuances of the law and how these laws work to relieve businesses and individuals from their burden of debt. All such proceedings in the United States are regulated by Title 11 of the United States Bankruptcy code. Details regarding the chapter under which it has to be filed, period of time for which payments can be extended, which bills can be eliminated and which property can be kept are all explained in detail in the code.

The Two Main Types

The types of proceedings followed by bankruptcy attorneys are generally of two types. One is Chapter 7, which involves liquidation. The second type undertakes the rehabilitation of debtors according to reorganization plans advocated by the court and come under the purview of Chapters 9, 11, 12 and 13 of the code. Having lawyers handle these cases assures you of getting accurate legal advice when you file your case. Bankruptcy attorneys are committed to acquiring debt relief for you and also will fight for your rights and property. They defend you against your various creditors and help you to retain your home, vehicles and other assets.

Choosing An Attorney

Always choose an attorney who deals specifically with Chapter 13 bankruptcy. It is not a rule that every lawyer who takes up cases would deal with Chapter 13 only. The expert that you select should have adequate experience in dealing with Chapter 13 cases. Do not choose a person who has never undertaken such cases. Get accurate information about your bankruptcy attorney from the local bar association, to be sure that your case is in safe hands. Do not hire a professional who make impossible promises. Look around for a lawyer who views your situation in a realistic manner and provides practical solutions. The one that you hire should be well versed with the laws regarding Chapter 13. Also make sure that he or she charges you a reasonable fee.

One thing that can be worse than bankruptcy is to have the wrong person handling your case. This is why you need to do adequate research before hiring a bankruptcy attorney, because, after all it is your financial future that is at stake. Do not wait till the last minute to hire and check for appropriate certifications before taking a decision.

Do not detach yourself from the case after hiring a bankruptcy attorney. Keeping yourself involved with the case ensures smooth proceedings and also helps to keep your bankruptcy lawyer careful and alert at all times.

Does Anyone Have Some Tums? – a Palm Springs, Palm Desert, & Indian Wells California Finance Attorney Take on the Growing Financial Crisis

Pass me a couple of airsick bags, will you?

Watching the stock market drop like an airplane hitting an air pocket and then rising only to drop again is enough to give you heartburn, even for a California finance attorney. Business, real estate, corporate and finance lawyers, whether they practice in San Diego, Orange County, Palm Springs or Indian Wells think they have seen it all when it comes to seeing finance fraud in litigation cases. But the testimony we have been hearing about the fraud in the financial markets is enough to turn your hair white, if you have any left. The words I've been hearing are making people quake in their boots. Panic, stock crash, depression, bank runs...

Somebody, pass me the Tums, will you?

Yes, there were professors from esteemed institutions of higher learning saying that the bailout proposal Congress passed wouldn't solve the problem, and yes, they may have been right, but neither them being right nor the passing the bailout bill hasn't calmed the financial markets in the U.S. or the rest of the world. The Dow has been dropping 300, 500, 600, and nearly 700 points now for, well, I've lost track of how many days it has dropped. Many are now routinely calling it a stock crash. Others are now calling the Great Depression of the 1930s the First Great Depression. Has anyone seen my 401K or IRAs? Last I saw they were going down the sewer.

Does anyone have some milk for my stomach?

Yes, there are also people out there saying that the financial bailout was a bad idea all around. That it rewarded the rich, and those foreign investors who got sucked into buying our financial stocks. As it turned out, they may have needed it just as much as we do. Last I heard, Iceland was facing bankruptcy as a country and now that their markets are falling like leaves, it's throwing more wood onto our own fire sale on Wall Street.

Does anyone know if alcohol and Tums are a bad combination?

Reports are that the Federal Reserve and foreign central banks are making hundreds of billions of dollars and euros and other currencies available for the world's banking systems to boost the amount of money available for lending so banks will feel confident to start lending to one another and to businesses again. Anyone feel confident yet? Anyone tried to get a loan lately?

Has anyone seen my bottle of scotch?

I think we just learned what it was that scared Hank Paulson, George Bush and all the rest of the usual suspects who testify to Congress that the world was in effect going to come to and end if the bailout plan wasn't passed. Well, it turned out they were almost right, despite passing the Bailout Plan. No the world isn't coming to an end, and we don't have a depression like in the 1930s, but in case there is something more that our leaders know that is still going to cause something else to implode, could they just tell us exactly when it is set to implode? I want to make sure I have my head ducked under something.

Isn't Tagamet good for an upset stomach, or is that Pepto Bismol?

Yes, I know that all is not good in the world of credit card balances, student loan programs, home mortgages, equity lines of credit, construction loans, corporate debt, auto loans, commercial real estate loans and those swaps that you hear about but don't really know exactly what they consist of on the financial channels. But, last I checked, hey, I'm still here. They still have groceries on the shelves, they still take my credit card and gas is getting cheaper by the day.

Hey, Houston, Ground Control, we're still here!

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Palm Springs, Orange County California Real Estate Lawyer and Realtor Discusses the Real Estate Crisis and Lawsuits in the Wake of the Credit Crunch

In Rancho Cucamonga, Ontario, Garden Grove, Palmdale, Corona, Escondido, Orange, Fullerton, Costa Mesa, Victorville, Carlsbad, Temecula, Murrieta, Mission Viejo, El Cajon, Vista, Westminster, Santa Monica, Santa Barbara, Hesperia, Newport Beach, Buena Park, Indio, Coachella, Chino Hills, San Diego, Orange County, Palm Springs, Palm Desert, Long Beach, Santa Ana, Anaheim, Riverside, Chula Vista, Irvine, San Bernardino, Huntington Beach, Fontana, Moreno Valley, Oceanside and all across Southern California and the nation, if you own real estate, you've seen the value of your home get a short haircut and your investment in the stock market has fallen through the basement.

While most real estate attorneys and lawyers