Bankruptcy Debt Reaffirmation

Reaffirmation requirements ...

Mortgage Reaffirmation after Chapter 7 – What is it all about?

Author: Jessica Bennet

If you'd like to reaffirm your personal liability for a secured debt even after a discharge from Chapter 7 bankruptcy, a reaffirmation agreement is what you need to sign with the lender. Reaffirmation agreement is usually executed for secured debts such as mortgage, car loan, RV loan etc.

What is the reaffirmation agreement?

Reaffirmation of debt is a voluntary agreement on the part of the debtor to keep paying his mortgage or other secured debts even after receiving a discharge order in Chapter 7 bankruptcy.

The Reaffirmation agreement is not required by the Federal or State laws or the US Bankruptcy Code. By signing the agreement, the debtor becomes legally obligated to pay the portion of the debt for which he has received a discharge under Chapter 7 bankruptcy.

When to file the agreement?

Reaffirmation agreement should be filed prior to the date of discharge of debts so that it can be enforced. The time period for filing the agreement is limited to 60 days after Section 341 Meeting of the debtor with his creditors in the presence of the court, the trustee and bankruptcy attorney.

The Reaffirmation Agreement must be approved by the bankruptcy court or it should be signed by a declaration of the debtor's attorney. Otherwise, it will not be considered as valid. The agreement should include details of your income and expenses and a signed statement where you admit that you can afford the payments under Reaffirmation.

Can mortgage lender foreclose even if I reaffirm?

When you reaffirm mortgage, it implies that you've agreed to pay off mortgage dues even after you've received a discharge from bankruptcy. As long as you catch up the dues and do not fall behind, the lender will not initiate a foreclosure.

What if I fail to make payments under reaffirmation?

If you fail to pay off the mortgage after you've reaffirmed, the lender can obtain a judgment against you in order to place a lien on your assets or garnish your wages. Moreover, you won't be able to discharge the debt you've reaffirmed. This is because you cannot file Chapter 7 bankruptcy in the next 8 years.

Can I cancel the agreement?

You can cancel the reaffirmation agreement within 60 days after it is filed at the bankruptcy court. It should be canceled prior to the discharge order being issued. You need to inform the mortgage lender about your decision to cancel the agreement. Once you withdraw from reaffirmation, the lender should return you any payments you've made so far under the agreement.

It's good to reaffirm your mortgage as it has a positive impact on your credit score. This is because reaffirmation allows you to pay off any unpaid mortgage balance and fulfill your obligation. However, make sure you can afford the payments before you sign on a reaffirmation agreement or else chances are that you may lose your home in foreclosure.

Article Source: http://www.articlesbase.com/mortgage-articles/mortgage-reaffirmation-after-chapter-7-what-is-it-all-about-830025.html

About the Author

Jessica Bennet is an experienced financial writer associated with Mortgagefit.com. She has been guiding the Community through her writings and suggestions in our Community forum. So if you have any question regarding bankruptcy then please contact her.



Pre Bankruptcy Counseling Los Angeles

 ... los angeles ca 90071 phone

Pre Foreclosure Profits, Laws and Opportunities

Author: Jeremy Lawrence

Refinance Pre Foreclosure Options For Owners

It is always devastating to families and individuals when they are in default of their mortgage payments and face the possibility of being forced out of their homes. Thankfully there are several refinance pre foreclosure options that are available for homeowners, depending on their financial standing, credit history and record and the circumstances that led to the home or property mortgage not being paid. Refinance pre foreclosure methods will also differ slightly from state to state, so always do some research and learn about what your state offers and requires. This will help you discuss refinance pre foreclosure options with your lender from a knowledgeable and informed perspective.

Three things for a good start are:

1. The first step in obtaining information on how to refinance pre foreclosure property if you are home owner is to talk to someone that is knowledgeable about both your options and your legal rights.

2. A HUD housing counseling agency can be a good first step, as these counselors can provide information on various government programs that may be available in your area.

3. To access these services check your local government website or contact your Veterans Affairs department if you are current or past military and purchased your home with a Veteran's Administration (VA) guaranteed loan.

Refinance pre foreclosure options may also include an actual modification in your mortgage payment, without the requirement of a full refinance. This can be arranged between the lender and the borrower and typically occurs due to some specific issue such as a loss of income, disability or a change in your income that will not allow you to pay the amount you were previously able to cover. Clear information to the lender as well as a prior good payment history before the pre foreclosure is usually critical in this special situation.

A partial claim refinance pre foreclosure deal can be a true lifesaver for both the borrower and the lender. In this option there are several criteria that may be met, but what actually happens in the lender is able to claim the deficit amount through a no-interest loan directly from HUD (United States Department of Housing and Urban Development). This can only happen if the house or property in not currently in foreclosure but is in default between four and twelve months and the homeowner is able to now make full mortgage payments to the lender at the terms of the original loan.

Typically home owners in looking for refinance pre foreclosure options may also be able to work through banks or lenders if they have a significant amount of equity built up in the home. In cases where the homes have no equity or negative equity, options will be very limited. Negative equity occurs when there is more owed on the home than the property would bring in if placed on the market.

Where Can I Find A Pre Foreclosure List?

A pre foreclosure list is a tool that can be used to determine what properties in your area or an area you are interested in may be going into foreclosure and be available for purchase. It is important to keep in mind that houses or properties on a pre foreclosure list may not end up in foreclosure, especially if the owner is able to either refinance or work with the lender to set up a repayment plan that will deal with the deficit in the payments.

A home makes it onto a pre foreclosure list in several different ways, depending on the type of financing and the various real estate laws within a state. Lets explore a few possibilities:

Typically the lists are developed by the local courts through public notices, which are found through court filings by the lender. In some states where Judicial foreclosures are used, the lender has to file a notice of Lis Pendens with the court, which then hears the complaint of the lender. The homeowner is allows to also present their information, during this process the house or property is considered in pre foreclosure. The lender and borrower may resolve the outstanding debt prior to the court hearing, at which time the house would be removed from the foreclosure list and would not move into foreclosure.

The other option for a foreclosure is called a Non-Judicial Foreclosure, although a legally established process is still followed. The lender will file a Notice of Default as well as notify the homeowner that the house or property is in pre foreclosure. The owner then has a set amount of time to communicate with the lender to attempt to develop a plan to address the default payments. Once the time has passed for the owner to attempt to correct the problem, the lender will sell the property through a public auction.

While a pre foreclosure list does not necessarily mean that the property is going to go to foreclosure, it can be a useful tool in determining what homes or properties may be available for sale during the pre foreclosure period or may come on the market shortly. There are many different websites offering both foreclosure and pre foreclosure list information either on a state by state, county, city or broader area search option. These sites may be free and open to the public or there may be sites that require a paid membership to view the pre foreclosure list area. There are also several agencies that specialize in locating pre foreclosure list information for specific categories of properties that buyers or investors may be interested in purchasing.

Article Source: http://www.articlesbase.com/national-state-local-articles/pre-foreclosure-profits-laws-and-opportunities-481381.html

About the Author

Jeremy Lawrence is an independent business person and Niche Marketer. See his website - http://bestwaytostopforeclosure.info - to download a free report on Everything You Always Wanted to Know About Pre Foreclosure Profits


California Bankruptcy Attorney Fees

These fees are for reference ...

California Respa Attorney Warns That Respa Imposes Severe Penalties On Realtors And Lenders Who Violate The Kickback Provisions

Author: R. Sebastian Gibson

RESPA

For thirty-five years, RESPA has confused people in the real estate industry and attorneys alike. In 1974, Congress enacted RESPA, the Real Estate Settlement Procedures Act primarily to address abusive practices, promote greater understanding to homebuyers and to prohibit practices such as kickbacks or referral fees that result in higher costs.

Efforts began in earnest in 2008 to reform RESPA and on November 17, 2008, HUD published its new 341-page RESPA final rule. Though published in the Federal Register, there is a one year implementation period and mandatory compliance begins January 1, 2010. Now RESPA is about to confuse the real estate industry once again, this time perhaps even more so with respect to its prohibition against kickbacks and fee splitting with questions of how those prohibitions will be enforced.

If you have been the victim of a violation of RESPA in California and have been improperly charged as a result of such a violation, or if you are in the real estate industry and are facing RESPA litigation visit our website at http://www.sebastiangibsonlaw.com and call us at any of the numbers easily found on our website.

RESPA Prohibition of Kickbacks

RESPA was created in the first place partly because various types of entities involved in the purchase and sale of real estate such as Realtors, lenders, construction companies, and title insurance companies were often engaged in providing undisclosed kickbacks to each other, thereby causing the costs of real estate transactions to become inflated.

RESPA was designed to prevent kickbacks not just in California, one of the states with the greatest number of foreclosures in this current economic crisis, but throughout the U.S. But RESPA has been criticized for failing to prevent what it was meant to prevent. Lenders and others in the real estate industry in California, for instance, still see customers go with the default service providers associated with a lender or Realtor, even though the documents the homebuyer signs explicitly state they can choose any service provider they wanted.

However, Section 8 of RESPA quite explicitly and forcefully prohibits a person from giving or accepting a fee, kickback or anything of value for referrals of settlement service businesses relating to a federally regulated mortgage loan. It also prohibits fee-splitting or a person from giving or accepting any part of a charge for services that are not performed.

RESPA Penalties for Kickback Violations

Violations of Section 8's kickback, referral fee and unearned fee provisions subject a person who violates RESPA to criminal and civil penalties. In criminal cases, a person in violation of Section 8 cam be fined up to ,000 and imprisoned for up to one year. In a civil lawsuit, a person in violation of Section 8 can be liable to the person who was charged for a settlement service an amount equal to three times the amount of the charge paid by the person for the service, and for the person's attorneys fees. Individuals have one year to file a complaint to enforce violations of Section 8 in federal court in the district the property is located or where the violation occurred.

Without oversimplifying Section 8, a real estate agent in California or anywhere in the U.S. may not offer nor may a real estate agent accept anything of value for referring business to a settlement provider such as a mortgage banker, mortgage lender or title company or to a friend who refers the agent business. Realtor to Realtor referrals are excluded and there is a contract for such referrals that is enforceable. It is probably still acceptable to take such contacts out to dinner, discuss business and thank them for their support, but that is about as far as one can go.

With all that has happened in the mortgage industry in California and throughout the U.S. that has led to the current economic recession (and some would call it a depression), anyone criticizing the kickback and fee-splitting prohibitions should remember the excesses in lending to unqualified homebuyers that led us to the situation the financial industry now finds itself.

Visit our website at http://www.sebastiangibsonlaw.com and call us if you have been the victim of a violation of RESPA in California and have been improperly charged as a result of such a violation, or if you are in the real estate industry and are facing RESPA litigation.

Entities who are found to have formed sham joint ventures for the purpose of evading the Section 8 prohibitions risk potentially millions of dollars in damages and attorney fees as well as criminal charges and imprisonment.

If you believe you have been the victim of a violation of RESPA in California and have been improperly charged as a result of such a violation, or if you are in the real estate industry and are facing RESPA litigation, we recommend that you consult with our California RESPA law firm immediately.

Article Source: http://www.articlesbase.com/law-articles/california-respa-attorney-warns-that-respa-imposes-severe-penalties-on-realtors-and-lenders-who-violate-the-kickback-provisions-784285.html

About the Author

Visit our website at http://www.sebastiangibsonlaw.com if you have been the victim of a violation of RESPA in California and have been improperly charged as a result of such a violation, or if you are in the real estate industry and are facing RESPA litigation in California. We have the knowledge and resources to be your California RESPA Lawyer and California RESPA Attorney or anywhere in Southern California.



Bankruptcy Forms B10

 ... Form B10 Revised 10/2005

Fair Value?

Author: Wesley Fraser

Take a deep breath. The market recovered from terrorist attacks, the falls of Enron, WorldCom and Arthur Andersen, soaring oil prices and one very expensive war. Can this sub-prime crisis really hold the market back? To answer this query, the cause must be examined.

Sub-prime loans are generally offered by lenders to customers with either no credit or a poor credit history. In most cases, these loans include adjustable interest rates. During the initial years of the loan, the interest rate will be low (as compared to fixed rate loans for the same customer) and fixed, effectively lulling the payer into a false sense of security. After this initial period, the rates generally revert to the prime rate plus a specified margin. The prime rate varies directly with the Federal Funds Rate set by the Federal Reserve. For example, for the first two years, the lender may offer the loan for 8.9 percent, and then the rate for the remaining years becomes the prime rate plus 6.5 percent. If the prime rate is 5.5 percent for year three of the loan, the payer is stung with a twelve percent interest rate.

The problem was simple, right? The sub-prime crisis was caused by banks offering customers with poor credit adjustable rate loans and mortgages that those customers would never have the ability to honor once interest rates began to rise from their basement of several years ago. As interest rates continued to rise, more borrowers defaulted on their loans. The banks seized houses and any other assets they could grab as their customers declared bankruptcy. In this scenario, the banks do not seem to be the losing party, but they are. Not only do they lose millions of dollars in interest revenue when their borrowers default, but they acquire assets that are quickly declining in value as the economy slumps. In the past, banks could hold these assets at cost until a good market for them arose. In 2007 with the addition of Financial Accounting Standards Board Rule 157, banks were required to report their assets at fair value instead of cost. Now, the banks are forced to write down the value of their assets to market prices at which they do not intend to sell the assets. These huge write-downs have cut profits drastically and sent investors packing for the next available flight. As more assets are written down, lower profits are not the only problems facing banks. These huge write-downs are proving hazardous to the banks liquidity and solvency.

Proponents of the new fair value standards would argue that writing down assets to market value gives investors a better picture of the current financial standing of the company. Is this true? American International Group (AIG) Chief Executive Officer Martin Sullivan begs to differ, saying, that companies should not be forced to write down assets which they will not sell at basement prices. This statement came after a five billion dollar mortgage related write down (Hughes 16). This is not to say that the company would not have suffered losses without the new standard, but they would have been minimized. Under previous rules, the assets would be checked for impairment. If the expected future cash flows were lower than the net book value, then the assets would be written down to market value. This system seems much more suited to handle the ups and downs of the economy. If a company plans to sell an asset during the next upswing, then the future cash flows are still the same, even if the current market value is low due to external economic factors.

As the problem grows, companies outside the financial sector are writing off huge sums. Bristol Myers Squibb wrote assets down by 275 million dollars in early February (Guerrera 17). Many more seem sure to follow as the first reporting year with FAS 157 in effect trudges forward. The question then arises, is it wrong to keep assets on the books at historical cost if there is no current market for them? If companies plan to hold these mortgage securities until maturity, then why should they be forced to revalue them at current market price? There is no way to make an accounting system perfect. There are, of course, faults with the old system of booking at historical cost and testing for impairment periodically, but these old faults did not exacerbate an already volatile situation sending the economy into a recession. FAS 157, if nothing else, was poorly timed. The Financial Accounting Standards Board should have had the foresight to delay FAS 157 until the economy worked through the sub-prime mess. If they had waited one year, the economy could have recovered and the banks could have begun to unload some of their mortgage securities over time in order to soften the blow.

In accounting since Enron and WorldCom, it is undeniably important to keep companies honest in their reporting, and seemingly, that is the intent of FAS 157, but to some extent FASB should ask itself; at what cost do we regulate proactively? Does perfectly accurate information for investors trump the value of the jobs that will be lost as bankers slash costs to cover losses?

CFO.com. FAS 157 Could Cause Huge Write-Downs. Retrieved March 15, 2008, from CFO.com

Guerrera, F. & Hughes, J. (2008, February 7). Effects of Credit Crisis Spreading Says PwC Chief. Financial Times (London), p. 17.

Hughes, J. & Tett, G. (2008, March 14). An Unforgiving Eye Bankers Cry Foul Over Fair Value Accounting. Financial Times (London), p. 15.

Hughes, J. (2008, February 14). Concept of 'Fair Value' Ignores Stench of Real World. Financial Times (London), p. 16.

Koza, H. (November 9, 2007). Thought the Subprime Mess Was Bad? Wait Till the Accountants Get Involved. The Globe and Mail (Canada), B10.

Plender, J. (2008, February 13). Financial Crisis Presents a Test for Fair Value Accounting. Financial Times (London), p. 22.

Article Source: http://www.articlesbase.com/accounting-articles/fair-value-398614.html

About the Author

Undergraduate in Accounting


Bankruptcy Green Card

Millions of Credit Card ...

How to Qualify for Mortgage after Bankruptcy

Author: Sonia

            After declaring bankruptcy, you might wonder when you can qualify for a home mortgage. Your credit score will naturally plunge down after insolvency. The most basic question is when you will be able to qualify to file for mortgage. Actually it is not very hard to get a mortgage after bankruptcy if you have tried to build up a good credit score. You can obtain low mortgage loans like home equity loans, interest only loans and even a business venture funding.

It does not mean that you can no longer be given a chance to purchase a home after you declare yourself bankrupt. There are plenty of lending source in America. They are known as the “B-C-D” lenders. They specialize in helping people who file for bankruptcy and therefore do not qualify for a conventional mortgage. There are however drawbacks like very high interest rates, fees and equally very high deposit. It will also take longer since you still have to establish a good and strong employment record and you must save money for a down payment.

            Consult a good mortgage broker to help you determine whether you qualify for a home mortgage after bankruptcy. The mortgage broker can gather your data and information and shop around for several mortgage lenders that will accept your mortgage application.

            To build up a good credit to improve your credit score, you have to continue paying for items such as your home or cars that were not discharged in the bankruptcy promptly. Maintain a low credit card account and lessen your bank loans. It is important that you take up a new credit only when it is very necessary.  Your debt-to-income ratio will be focused on by the mortgage lender. This helps them determine whether you have the capability to repay your mortgage. It is essential to provide all the necessary documents immediately to your loan consultant. Any information and data on your credit report must be checked for accuracy. Any false data should be corrected immediately.

After your credit reports are updated, you can now be eligible for a better interest rate on a home mortgage. It is best to wait for two years after your bankruptcy discharge to file for a mortgage. However, you can still buy a home before that but it will cost you thousands of money since you have to pay very high interest rate and deposit. The high deposit is necessary to assure the mortgage lender and will convince them to lend you the money to purchase a house.

             Again, it is preferable to file for mortgage from two to three years after declaring insolvency. Interest rates after bankruptcy could reach as high as twelve points higher than regular mortgage. After your insolvency, you have to deal with credit history before bankruptcy, the reasons for the bankruptcy and how you can handle home loan finances after insolvency.

            If you do not qualify for a home mortgage after bankruptcy, do not despair. These things can take a lot of time and usually needs your utmost patience. Following the suggestions above and you can have more options later on and can avail of mortgage as early as six months to a year after your bankruptcy discharge.        

 

 

 

 

Article Source: http://www.articlesbase.com/home-improvement-articles/how-to-qualify-for-mortgage-after-bankruptcy-1322772.html

About the Author

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