Thursday, December 22, 2011

ARMs are Bad !

A  Adjustable Rate Mortgage is bad- no matter how you package it.   Most of my  chapter 13 homes are either purchased between 2005-2009 during the bubble or their ARMS.   Just say NO and get a fixed rate.

Two new packagings for ARMS are:

A 2/28 Mortgage is an adjustable rate mortgage loan where interest is paid for two years at a relatively low rate, and then the interest rate “floats,” or changes, upwards.


With a 50 Year Mortgage the lender gives you a fixed introductory rate for five years, followed by an adjustable rate mortgage for the remaining 45 years

Home Sales

Economists and real estate experts project U.S. home prices to bottom out late next year or in early 2013, according to Zillow's Home Price Expectations Survey.  http://zillow.mediaroom.com/index.php?s=159&item=252'

Shadow Inventory

The number of distressed properties not currently listed on multiple listing services stood at 1.6 million as of October 2011, according to CoreLogic. This shadow inventory is approximately half of the industry's visible inventory, the company says, meaning for every two homes available for sale, there is one home in the "shadows." CoreLogic's latest shadow inventory assessment represents a supply of five months and is down from October 2010, when it stood at 1.9 million units, or 7-months' supply. http://www.dsnews.com/articles/for-every-two-homes-sale-there-is-one-in-shadows-2011-12-21  Currently, Florida, California, and Illinois account for more than a third of the shadow inventory, CoreLogic reports. The top six states, which would also include New York, Texas, and New Jersey, are home to half of the shadow inventory.

Pay the Mortgage Before you Shop!

There’s often a balloon in bankruptcy and foreclosures soon after Christmas in part because people “skip a payment” to buy presents. This is never a good idea and now it is even worse. First, if you want to keep your home, the mortgage comes before virtually everything. I tell my clients it comes before they eat!!  I know try explaining that to the spouse not handling the budget or the kids.

It may be satisfying to pay several smaller bills first — feels like solving  problems, right? — but if the biggest bill you didn’t pay was your mortgage then your problems are getting worse, not better.


It is easy to think “well, I’ll make this up next month, I don’t want to disappoint the kids.” The problem is that you won’t be making more money next month . Your expenses will be the same or maybe higher, given the prices of food, gas and electricity. So where will the “make-up” payment come from? If you are not already in the “Robbing Peter to Pay Paul” cycle, this could start it. Remember the old adage can I  pay my Visa with my mastercard?

It is easy for me to sit back and suggest disappointing the kids during the holidays. They’re not my kids. My son would not understand, he's six though and is satisfied with jacks.

Perhaps keeping a roof over their heads is a worthy goal as well. Also  teaching the lesson of taking care of “needs” before “wants” could be the best present you can give them this year.

If you do plan on filing bankruptcy in the new year wait three month from your last Holiday shopping and do not use those cards in the mean time.

Do you owe what I owe?

I found this on the web:

St. Louis bankruptcy attorney Wendell Sherk published his riff on a popular Christmas song – Do You Owe What I Owe?


(To the tune of “Do You Hear What I Hear?”)

Said the neighbor to the young man,

“Do you owe what I owe?

Bills up to the sky, young man,

Do you see what I see?

A choice, a choice, waiting in the night

A new start to end the year alright,

A fresh start for a New Year’s Night.”

Said the collector to the young man,

“I know what you owe,

Bills up to the sky, little debtor man,

Do you hear what I say?

Pay what you can’t pay, little debtor man!

With a voice as big as the sea,

With a voice as big as the sea.

Said the young man to the lawyer kind,

“Do you know what I owe?

In your palace warm, lawyer man,

Do you know what I owe?

An arm, a leg, I’ll be out in the cold–

Help me save a little silver, or gold,

Help me save a little silver, or gold.”

Said the judge to the people everywhere,

“Listen to what I say!

Be at peace, people, everywhere,

Listen to what I say!

A fresh start, a new start, waiting in the night

To bring you peace and goodness,

To bring you quiet in the night.”

With apologies to Noel Regney & Gloria Shayne Baker

http://www.bankruptcylawnetwork.com/a-bankruptcy-riff-on-christmas-songs/

Wednesday, December 7, 2011

End of Year Special! - Chapter 7 for $750 plus filing fee

End of Year Special! - Chapter 7 for $750 plus costs!!
Call 727/410-2705 to schedule your free consultation today!! 
Must pay in full by 12/31/11.  
Must mention this blog, Merchant Association Ad or Google Ad  at consultation.


 
 
*** No Motions or mediation included***

Tuesday, December 6, 2011

Two more bankruptcy preparers facing possible criminal contempt charges

http://www.jsonline.com/blogs/news/135034883.html

Bankruptcy is Not a Dirty Word

While bankruptcy has become business as usual for businesses  personal bankruptcies are still highly stigmatized.

I don’t think I’ve met more than a hand-full of people who aren’t troubled, or even traumatized, by the prospect of facing bankruptcy, even if their bankruptcies are the result,  of the actions of employers, or health care providers.

Individual debtors facing bankruptcy often feel further traumatized by a system which treats them as inept at best, or criminal at worst. Having learned something from the debtors’ prisons of Europe, as well as the “broken bench” of the guild system, both of which left a debtor’s family dependent on the alms of the church or wards of the state, our founders realized that aallowing a debtor to periodically discharge overwhelming debt, and retain the tools to support his family and rebuild his financial future is a better outcome for us all.

 





 

Of Interest 2

. The organization's analysis of 27 million mortgage loans originated over a five-year period found that 6.4 percent of mortgages made between 2004 and 2008 have ended in foreclosure, and an additional 8.3 percent are at immediate, serious risk. http://www.dsnews.com/articles/foreclosure-crisis-is-only-halfway-over-study-2011-12-05






http://www.mondaq.com/unitedstates/x/155570/Disclosure+Electronic+Discovery/Be+Careful+What+You+Ask+for+Loser+Pays+Prevailing+Party+Electronic+Discovery+Costs+Again&email_access=on




http://www.abajournal.com/blawg100

Law Loans

In 2010, 44,245 ABA law school graduates took on $3.6 billion in student loans, a sum that increased from $3.1 billion in 2008, American Law Daily reported yesterday. Law students are allowed to fully finance their legal educations (and living expenses) with a combination of $20,500 in Federal Direct Stafford Loans and Graduate in addition to loans that cover the remaining cost. Projections show that total annual graduate law school debt will double by the end of the decade ($7 billion/year). Public law schools will supplement subsidy shortfalls with tuition increases and alumni donations. Factoring in attrition adds about 4  percent to the debt totals, increasing the ten-year sum to $54.3 billion. http://amlawdaily.typepad.com/amlawdaily/2011/12/law-school-debt-bubble-part-ii-education-department-to-lend-543-billion-to-americas-law-schools-by-2.html

Of Interest

http://tampabankruptcylawyer.info/?gclid=CNXxxtyZ66wCFQKMtgod4xd0XA





http://www.businessweek.com/magazine/county-recorders-vs-the-mers-machine-11032011.html




http://www.nytimes.com/2011/12/02/business/major-banks-face-new-foreclosure-suit.html?_r=1&adxnnl=1&adxnnlx=1323098117-sSAkRrcl/0CtvvlRC3LPGw




http://www.loansafe.org/congresswoman-waters-renews-her-call-for-mortgage-servicer-accountability




http://www.law.com/jsp/law/sign_me_in.jsp?article=http%3A%2F%2Fwww.law.com%2Fjsp%2Fnlj%2FPubArticleNLJ.jsp%3Fid%3D1202534258263&et=editorial&bu=Law.com&cn=Law.com%20newswire%20-%20Dec.%205%2C%202011&src=EMC-Email&pt=LAWCOM%20Newswire&kw=Another%20Attorney%20General%20Takes%20Aim%20at%20Banks%20Over%20Foreclosure%2C%20Mortgage%20Practices&slreturn=1


http://www.law.com/jsp/lawtechnologynews/PubArticleLTN.jsp?id=1202534260112





http://articles.mercola.com/sites/articles/archive/2011/12/04/lobbyists-stealing-government.aspx?e_cid=20111204_SNL_Art_1

County Recorders vs. the MERS Machine

http://www.businessweek.com/magazine/county-recorders-vs-the-mers-machine-11032011.html

Fannie Mae, banks halt foreclosures for the holiday

shttp://money.cnn.com/2011/12/01/real_estate/fannie_mae_foreclosure/



Moratorium will run from Dec. 19 to Jan. 2.

The average loan in foreclosure has been delinquent for 631 days. That’s nearly 21 months

http://moneyland.time.com/2011/12/02/foreclosure-timeline-lengthens-to-record-21-months/



Florida, for example, has gotten slammed in the foreclosure crisis. LPS shows that a whopping 22.8% of loans there — nearly one out of four — are not being kept current. Of those, 8.4% are delinquent and 14.4% are actually in foreclosure.

REO prices for the big Florida metro areas reflect the problem: In Tampa, for instance, prices were down in October by 6.7% from the year before, while in Miami, they were down 4.0% from the previous year. http://www.housingwire.com/2011/12/01/average-time-to-foreclose-sets-new-record-of-631-days

FHA has 7.3 million loans outstanding, a delinquency rate of 17 percent means over 1.2 million loans are delinquent. What's worse is FHA insures 100 percent of the losses on loans it insures, and as a result its loss severities are extremely high. http://www.cbsnews.com/8301-505123_162-57335131/fhas-financial-condition-worsened-in-october/

The national median average price has dropped less but still substantially, from $248,000 in 2006 to $176,000 in this year’s third quarter. Another factor is continued low interest rates. Rates for a 30-year conforming loan (that is, a loan with a balance of $417,500 or less) were 4.23% last week, according to data released today by the Mortgage Bankers Association. http://moneyland.time.com/2011/11/28/home-affordability-near-highest-level-in-20-years/?iid=pf-article-editpicks

PMI Files For Bankruptcy

http://nationalmortgageprofessional.com/news27411/pmi-group-files-chapter-11-bankruptcy

Foreclosure Crisis Isn’t Even Halfway Over, Analysis Finds

http://bucks.blogs.nytimes.com/2011/11/30/foreclosure-crisis-isnt-even-halfway-over-analysis-finds/


While most of those who have lost their homes are white, the report found, African-American and Latino borrowers have been disproportionately affected. Roughly a fourth of all those borrowers have lost their home to foreclosure or are seriously delinquent, compared with just under 12 percent for white borrowers. Certain types of loans have much higher rates of completed foreclosures and serious delinquencies. They include loans originated by brokers; hybrid adjustable-rate mortgages, option ARMs, loans with prepayment penalties and loans with high interest rates (subprime).

Number of US households rated 'economically insecure' hits record high

A record 1 in 5 U.S. households saw their available household income decline by 25 percent or more from one year to the next from 2008 through 2010.



Read more: http://www.mcclatchydc.com/2011/12/01/131863/number-of-us-households-rated.html#ixzz1ffjhu400

Supreme Court hears arguments on Chapter 12 bankruptcy, insider trading

http://jurist.org/paperchase/2011/11/supreme-court-hears-arguments-on-farm-bankruptcy-insider-trading.php

Case Update

Sikes v. Crager,


2011 WL 4591889 (W. D. La, Sept. 30, 2011) (Hicks)

A Chapter 13 plan proposing to pay only attorney’s fees and with little or no meaningful distribution to creditors is a plan not proposed in good faith.

Kindle and ePub Versions of Bankruptcy Code

http://www.creditslips.org/creditslips/2011/11/kindle-and-epub-versions-of-bankruptcy-code.html

University of Illinois College of Law bankruptcy professor Robert Lawless and his research assistant, Scott Cromar, have created electronic versions of the Bankruptcy Code and Federal Rules of Bankruptcy Procedure.

IMPLEMENTATION OF CHANGES TO BANKRUPTCY RULES 3001(c) and 3002.1 WEBINAR till 12/9/11

http://considerchapter13.org/implementation-of-changes-to-bankruptcy-rules-3001c-and-3002-1-webinar/

HOPE Hotline

Applying for a modification through HAMP is free, and homeowners interested in pursuing a modification can call the Homeowner’s HOPE Hotline at 1.888.995.HOPE for more information and to make sure they receive help from a legitimate source.

GMAC stops buuying homes in MASS

Ally Financial Inc.'s GMAC Mortgage unit stopped buying home loans in Massachusetts after the state accused the five biggest mortgage lenders of conducting illegal foreclosures, Bloomberg News reported. http://www.bloomberg.com/news/print/2011-12-02/ally-financial-will-halt-mortgage-purchases-in-massachusetts-after-lawsuit.html http://www.dsnews.com/articles/gmac-counters-lawsuit-with-decision-to-pull-lending-in-massachusetts-2011-12-02

Bankruptcy Filings Down

U.S. consumer bankruptcy filings totaled 100,980 nationwide during November, a 12 percent decrease from the 114,587 total consumer filings recorded in November 2010. NBKRC.com Chapter 13 filings constituted 31 percent of all consumer cases in November, a slight decrease from October.

Saturday, December 3, 2011

Changes to Federal Court Rules Take Effect

Amendments to the Federal Rules of Appellate, Bankruptcy, Criminal Procedure, and Evidence took effect December 1, 2011.

Congress took no action after the changes were approved by Supreme Court more than seven months earlier. That means new amendments to these rules are now in effect:

• Appellate Rules 4 and 40

• Bankruptcy Rules 2003, 2019, 3001, 4004, and 6003.

• Criminal Rules 1, 3, 4, 6, 9, 32, 40, 41, 43, and 49.

• Evidence Rules 101-1103.

In addition, new Bankruptcy Rules 1004.2 and 3002.1 are in effect, as well as new Criminal Rule 4.1.

The text of the amended rules and extensive supporting documents is available.

of interst

http://www.lawjobs.com/newsandviews/LawArticle.jsp?hubtype=Tips&id=1202534160808&et=editorial&bu=Law.com&cn=Law.com%20Newswire%20-%20Dec.%202%2C%202011&src=EMC-Email&pt=LAWCOM%20Newswire&kw=Tread%20Lightly%20With%20Footnotes&slreturn=1




First United Security Bank v Garner (11th Circuit 2011)

The Eleventh Circuit Court of Appeals affirmed the District Court and Bankruptcy Court's holding that "an over secured creditor is only entitled to the contract rate of interest [on its allowed secured claim], pursuant to 11 U.S.C. §506(b), from the date of the filing until confirmation of the bankruptcy plan" in a chapter 13 case, where the debtor invokes the cram down provision of 11 U.S.C. §1325(a)(5)(B).
http://volo.abi.org/first-united-security-bank-v-garner-in-re-garner?utm_source=feedburner&utm_medium=email&utm_campaign=Feed%3A+volo%2Frss+%28ABI+Volo+Project%3A+RSS+Feed%29

State Court Budget Shortfalls

Results of the survey, issued by the National Center for State Courts and released on Nov. 29, indicate widespread recent budget cuts — and the public at large is going to feel the impact. A survey issued by the National Center for State Courts warns of the public impact of recent cuts, including 42 states with substantial court budget decreases; 39 states where clerk vacancies were not filled; 34 states where court staff were laid off; and 23 states with reduced court operating hours. Said one analyst: "It can't get a whole lot worse."



http://www.ncsc.org/Information-and-Resources/Budget-Resource-Center/States-activities-map/.aspx


http://www.ncsc.org/Information-and-Resources/Budget-Resource-Center/States-activities-map/Florida.aspx

SIGTARP

The Office of the Special Inspector General for the Troubled Asset Relief Program announced the arrests of three top officers of a California real estate company who took thousands of dollars in up-front loan modification fees and made false promises to lower the mortgage payments of struggling homeowners.


NEWS RELEASE:

http://www.sigtarp.gov/press/2011/Legacy_Home_Loans_Arrests_Press_Release.pdf



SIGTARP HOTLINE:

To report allegations of fraud, waste, abuse, mismanagement, or misrepresentations involving the taxpayer-funded Troubled Asset Relief Program, call (877) SIG-2009 or send confidential information to SIGTARP via an online Hotline form.



GENERAL COMMENTS:

To offer comments or suggestions to SIGTARP, please use one of the following methods:

Phone: (202) 622-1419

Fax: (202) 622-4559

Mail: Office of the Special Inspector General for the Troubled Asset Relief Program

1801 L Street NW

Washington, D.C. 20020

NEW Bankruptcy Forms Effective 12/1/11

For your convenience, below are links that provide information concerning these changes. A brief summary of the amendments to the Bankruptcy Rules and forms may be found at the Court's website at:


http://www.flmb.uscourts.gov/announcements/


Other Links:

Link to Amendments to Federal Rules of Bankruptcy Procedure:

http://www.flmb.uscourts.gov/announcements/documents/amendments_2011.pdf


Link to Information Regarding Supreme Court Approved Rule Amendments (April 26, 2011):

http://www.uscourts.gov/RulesAndPolicies/FederalRulemaking/PendingRules/SupremeCourt042611.aspx


Link to Pending Changes in the Bankruptcy Forms:

http://www.uscourts.gov/FormsAndFees/Forms/BankruptcyForms/BankruptcyFormsPendingChanges.aspx

Unemployment Rate Drops to 8.6%

The nation’s unemployment rate fell to 8.6 percent during the month of November, as employers added 120,000 new jobs to their payrolls, the U.S. Department of Labor said Friday morning. By the government’s calculations, the unemployment rate declined by 0.4 percentage point from 9.0 percent reported in October to hit its lowest level since March of 2009. Employment assessments for both October and September were revised upward.

Friday, November 25, 2011

Refinance Program for Underwater Borrowers

http://www.dsnews.com/articles/administration-announces-refinance-program-for-underwater-borrowers-2011-10-24

Under the revised HARP guidelines, the 125 percent loan-to-value (LTV) ceiling has been eliminated. Previously, only borrowers who owed up to 25 percent more than their home was worth could participate in HARP. That limitation has now been removed. The program will continue to be available to borrowers with LTV ratios above 80 percent.

Refinance applications and appraisal complications are holding up home sale closings, according to a HousingPulse survey released Monday. The report states that the normal timeline for a closing is about 30 days. That timeline has been extended to between 45 and 60 days. However, the delay is even more exacerbated among short sales and sales of foreclosed homes - which according to the survey made up 44.4 percent of the market in September. http://www.dsnews.com/articles/home-closing-timelines-increase-especially-in-distressed-market-2011-10-24


http://www.bankruptcylawnetwork.com/what-do-credit-card-companies-demand-for-non-bankruptcy-settlements/?utm_source=feedburner&utm_medium=feed&utm_campaign=Feed%3A+BankruptcyLawNetwork+%28Bankruptcy+Law+Network%29

Share Enjoy

http://articles.orlandosentinel.com/2011-10-10/business/os-foreclosure-squatting-20111010_1_florida-foreclosures-realtytrac-foreclosure-process


http://mattweidnerlaw.com/blog/wp-content/uploads/2011/10/HB145-Residential-Foreclosure-Proceedings-22.pdf

http://mattweidnerlaw.com/blog/wp-content/uploads/2011/10/HB-65-Foreclosure-Debt-Relief-2.pdf

http://mattweidnerlaw.com/blog/wp-content/uploads/2011/10/unfairforeclosure.pdf

http://www.scribd.com/doc/38928155/Wells-Fargo-s-Elusive-Robo-Signer-Full-Deposition-of-Superstar-John-Herman-Kennerty

http://www.iiamtrilogy.com/bhcontest/ ends 11/30

http://www.mondaq.com/unitedstates/x/149926/Florida+Appellate+Court+Restricts+Foreclosure+Summary+Judgment+Affidavit+From+Bank+That+Relies+On+Data+From+A+Computer+System+As+Inadmissible+Hearsay&email_access=on
California Restricts Use Of Consumer Credit Reports For Employment Purposes

http://www.totalbankruptcy.com/bankruptcy-news/bankruptcy-laws/new-law-delaware-bankruptcy-popularity-800128475.aspx

http://www.lawjobs.com/newsandviews/LawArticle.jsp?hubtype=Tips&id=1202519920383&et=editorial&bu=Law.com&cn=nw20111025&src=EMC-Email&pt=LAWCOM%20Newswire&kw=Anatomy%20of%20a%20Lateral%20Move&slreturn=1



http://www.law.com/jsp/law/international/LawArticleIntl.jsp?id=1202520057531&et=editorial&bu=Law.com&cn=nw20111025&src=EMC-Email&pt=LAWCOM%20Newswire&kw=Daisy%20Wong%2C%20Would-Be%20Bridget%20Jones%20of%20the%20Hong%20Kong%20Legal%20Scene

MAGNER V. GALLAGHER- Fair Housing

http://www.supremecourt.gov/Search.aspx?FileName=/docketfiles/10-1032.htm



10-1032 MAGNER V. GALLAGHER
DECISION BELOW: 619 F.3d 823
LOWER COURT CASE NUMBER: 09-1209
QUESTION PRESENTED:

The Fair Housing Act makes it unlawful "[t]o refuse to sell or rent after the making of a bona fide offer ... or otherwise make unavailable or deny, a dwelling to any person because of race, color, religion, sex, familial status, or national origin." 42 U.S.C. § 3604(a). Respondents are owners of rental properties who argue that Petitioners violated the Fair Housing Act by "aggressively" enforcing the City of Saint Paul's housing code. According to Respondents, because a disproportionate number of renters are African--American, and Respondents rent to many African--Americans, requiring them to meet the housing code will increase their costs and decrease the number of units they make available to rent to African-American tenants. Reversing the district court's grant of summary judgment for Petitioners, the Eighth Circuit held that Respondents should be allowed to proceed to trial because they presented sufficient evidence of a "disparate impact" on African-Americans.

The following are the questions presented:

1. Are disparate impact claims cognizable under the Fair Housing Act?

2. If such claims are cognizable, should they be analyzed under the burden shifting approach used by three circuits, under the balancing test used by four circuits, under a hybrid approach used by two circuits, or by some other test?

CERT. GRANTED 11/7/2011


From Forbes:
The U.S. Supreme Court has agreed to decide whether aggressive housing-code enforcement in the City of Saint Paul amounts to racial discrimination.
http://onforb.es/rAaRS9

A couple of articles on HUD's view:
http://www.pointoflaw.com/archives/2011/11/proposed-hud-re.php

http://lenderscompliance.blogspot.com/2011/11/empire-strikes-back-hud-fair-lending.html

In a victory for creditor rights, the Michigan Supreme Court overturned a Court of Appeals decision which had previously held that MERS had no statutory authority to foreclose a mortgage by advertisement. In reversing the court of appeals, the justices held that the lower court ruling was inconsistent with well established legal principals and case law in Michigan. Specifically, the Court stated that, although MERS did not own an interest in the underlying Note, "MERS' contractual obligations as a mortgagee were dependent upon whether the mortgagor met the obligation to pay the indebtedness which the mortgage secured." Furthermore, the Court held that the Legislature's use of the phrase "interest in the indebtedness" to denote a category of parties entitled to foreclose indicated the intent to include mortgagees of record.

Articles of Interest

http://www.housingwire.com/2011/10/21/potential-felony-charges-make-servicers-pause-nevada-foreclosures

http://www.tampabay.com/news/business/realestate/floridas-foreclosure-mediation-could-end/1198314


http://www.housingwire.com/2011/10/21/potential-felony-charges-make-servicers-pause-nevada-foreclosures


http://www.palmbeachpost.com/money/foreclosures/panel-kill-foreclosure-mediation-1927455.html


http://www.youtube.com/watch?v=3de8uInH-W0


occupy foreclosures--I donot support this!!!

http://mattweidnerlaw.com/blog/2011/10/wanna-make-the-banks-pay-1occupy-the-ballot-2-occupy-foreclosures/


Atty Gen Foreclosure gate
http://www.scribd.com/doc/69502710/M-Hamilton-to-LPS#source:facebook

http://www.scribd.com/doc/69496980/Butler-Records#source:facebook

http://mattweidnerlaw.com/blog/wp-content/uploads/2011/10/Julian.pdf

http://www.miamiherald.com/2011/10/16/v-fullstory/2458515/crackdown-on-florida-timeshare.html#ixzz1bFwLkZCH

CA Prop 8 Sup Ct Decision

http://sblog.s3.amazonaws.com/wp-content/uploads/2011/11/CA-SCt-ruling-on-Prop.-8-11-17-112.pdf

What’s Involved in Filing for Bankruptcy?

If you owe more money today than, you did yesterday and you cannot pay your bills on time, you need to realize you are going in the wrong direction with your finances.

If you do not have enough money to pay that debt you have to find another way to deal with it. 

If your income is insufficient to cover your debts you either need more income or less debt, or both. Bankruptcy won’t help you make more money but it can discharge some types of debt.


You should make a list of the items you can live without, and remove them from your budget. Take a hard look at your expenses -determine where your money goes and you can eliminate  money that you spend on impulse or frivolous items.

 Life without debt is a goal you can achieve through Chapter 7 bankruptcy.

Come  see me today for a free consultation!  Weekend and Evening Appointments no need to miss work!
 
Call 727-410-2705 now.

Past Due Mortgages = 6,298,000

There were 6,298,000 mortgages going unpaid in the United States as of the end of October, according to Lender Processing Services (LPS). It's a daunting number, but the data show that it's actually been on a fairly steady decline for nearly two years now. At the start of 2011, the total number of non-current mortgages in the U.S. stood at 6,870,000. In January 2010, it was 8,118,000. LPS' report indicates mortgage delinquencies are declining while the nation's foreclosure inventory is growing. http://www.dsnews.com/articles/past-due-mortgages-6298000-2011-11-18

Distressed Homeowner Program Mainly Benefited Three States

Almost half the homeowners aided by the Emergency Homeowners' Loan Program are in Pennsylvania, Maryland and Connecticut, based on preliminary figures from the Department of Housing and Urban Development. http://www.usatoday.com/money/economy/housing/story/2011-11-20/homeowner-aid-program/51323662/1


Fewer than 12,000 applicants were approved before the program expired, short of the 30,000 target.
Funds were allotted for 32 states and Puerto Rico based on population and unemployment

HUD new rule

The U.S. Department of Housing and Urban Development recently issued aproposed rule to establish a uniform standard of liability for facially neutral housing practices that have a discriminatory effect in supposed violation of the Fair Housing Act.


Under the proposed rule, liability for "discriminatory effects" or "disparate impact discrimination" under the FHA would be determined by a burden-shifting approach. That is:

(1) the plaintiff or complainant first must bear the burden of proving its prima facie case of either disparate impact or perpetuation of segregation;

(2) the burden then shifts to the defendant or respondent to prove that the challenged practice or policy has a necessary and manifest relationship to one or more of the defendant's or respondent's legitimate, nondiscriminatory interests; and

(3) if the defendant or respondent satisfies its burden, the plaintiff or complainant may still establish liability by demonstrating that these legitimate nondiscriminatory interests could be served by a policy or decision that produces a less discriminatory effect.

According to HUD, neither HUD nor any federal court has ever determined that liability under the Fair Housing Act requires a finding of discriminatory intent, and "[i]t is thus well established that liability under the Fair Housing Act can arise where a housing practice is intentionally discriminatory or where it has a discriminatory effect."

However, there has been some variation in the application of the discriminatory effects standard. HUD uses the three-step burden-shifting approach described above, as do many federal courts of appeals. On the other hand, some courts apply a multi-factor balancing test, other courts apply a hybrid between the two, and one court applies a different test for public and private defendants. The proposed rule would standardize the three-step burden-shifting approach.

Another source of variation is in the application of the burden-shifting test. If the defendant or respondent satisfies its burden to justify its challenged practice as having a necessary and manifest relationship with a legitimate nondiscriminatory interest, courts and HUD administrative law judges have differed as to which party bears the burden of proving whether a less discriminatory alternative to the challenged practice exists.

The majority of federal courts of appeals that use a burden-shifting approach place this burden on the plaintiff, analogizing to Title VII's burden-shifting framework. However, other federal courts have kept the burden with the defendant. HUD has, at times, placed this burden of proving a less discriminatory alternative on the respondent and, at other times, on the complainant. The proposed rule would place the burden of rebuttal on the plaintiff or complainant.

The purpose of HUD's proposed rule is to establish uniform standards for determining when a housing practice with a discriminatory effect violates the Fair Housing Act.

Comments are due 60 days from the date of publication of the proposed rule in the Federal Register, which is expected shortly.

of Interest

http://www.nytimes.com/2011/11/09/business/how-a-financial-pro-lost-his-house.html?_r=1



http://www.businessweek.com/management/three-types-of-people-to-fire-immediately-11082011.html

of Interest

http://www.nytimes.com/2011/11/09/business/how-a-financial-pro-lost-his-house.html?_r=1



http://www.businessweek.com/management/three-types-of-people-to-fire-immediately-11082011.html

Living Paycheck to Paycheck?

The problem is that when you are already living paycheck to paycheck, it’s difficult, if not impossible to find the extra income to pay the loan back, forcing you to re-borrow over and over again.    Break the Cycle and come see me today for a free consultation.

Articles

Bk Court slows down Foreclosures
http://firstarkansasnews.net/2011/11/bankruptcy-court-ruling-slows-down-foreclosure-sales-in-state/


Appeals court decision allows stripping of second mortgages
http://www.twincities.com/ci_19329793

Foreclosed Houses =Pot Houses
http://www.latimes.com/news/nationworld/nation/la-na-pot-homes-20111113,0,574959.story

Banks Offer Payday style loans
http://www.daytondailynews.com/news/dayton-news/banks-offering-customers-loans-against-their-paychecks-1281077.html

Bankruptcy Case Update

In re Reed, 2011 WL 3801859 (Bank. D.Or., Aug. 9, 2011) (Perris)

In the Ninth Circuit, when an above-median income Chapter 13 debtor has no (or negative) projected disposable income as calculated using the mechanical approach, there is no applicable commitment period for a debtor’s Chapter 13 plan, so the plan need not last five years.

MERS- Michigan

The Michigan Supreme Court recently held that MERS, as an "undisputed record holder of a mortgage," has statutory authority to foreclose. (Our prior update regarding the appellate court's opinion in this matter, which the Michigan Supreme Court now reversed, is below.)


A borrower obtained a mortgage loan that provided for rights of foreclosure by the designated Mortgagee, MERS. MERS foreclosed on the property by advertisement, and quitclaimed it to successor lender ("Plaintiff"). The borrower challenged the foreclosure, on the grounds that MERS did not have statutory authority to foreclose under Michigan law.

As you may recall, Michigan law allows a party to foreclose a mortgage by advertisement if, among other things, that party owns an interest in the indebtedness secured by the mortgage. See MCL 600.3204(d)(1).

The lower court rejected the borrower's argument, and borrower appealed.

A Michigan Court of Appeals overruled the lower court's decision, holding that MERS "only held an interest in the property as security for the note, not an interest in the note itself." Accordingly, the Court of Appeals held that MERS did not have authority to foreclose.

The Michigan Supreme Court reversed the Court of Appeals, holding that MERS held an interest in the indebtedness, and therefore had the authority to foreclose.

In so doing, the Court noted that the interest in the indebtedness held by MERS "does not equate to an ownership in the interest in the Note."

Instead, the Court found that "MERS owned a security lien on the properties, the continued existence of which was contingent upon the satisfaction of the indebtedness." Because MERS had an interest in the indebtedness, the Court held that MERS was authorized to foreclose under Michigan law.

The Court further explained that it found no indication that the Michigan Legislature intended to "establish a new legal framework in which an undisputed record holder of a Mortgage, such as MERS, no longer possesses the statutory authority to foreclose." Instead, the Court held that the Legislature's use of the phrase "interest in the indebtedness" includes mortgagees of record, as well as owners and servicers of the debt.

Glarum Revised Decision

The revised Glarum decision that addressed the issue of how an AOI can be authenticated and admitted into evidence when the AOI is based upon business records from a prior servicer. The original decision implied that the affiant must have personal knowledge of how the payment information is entered into the servicer’s system in order to execute the affidavit. This new decision was just release last week. Look specifically at the footnotes for clarification on the issue.


The Illinois Appellate Court for the First District recently confirmed that an attempt to rescind a mortgage loan made more than three years after the borrowers received the mortgage was untimely, and held that the borrower's earlier alleged attempt at rescission within the three-year period was inadequate, as it was not a written communication that clearly stated that the borrower was rescinding the loan.

A copy of the opinion is available at:


The borrowers defaulted on their mortgage loan, and the investor instituted a foreclosure action. In the course of settlement negotiations, the borrowers frequently alleged TILA violations, and threatened to rescind the subject Note and Mortgage. In one letter, the borrowers included an unfiled counterclaim, which stated that "[t]he borrowers, by the filing of this action, elect to rescind the subject transaction." The borrowers provided the investor's counsel with this unfiled counterclaim within three years of receiving their mortgage.

The borrowers filed their counterclaim "exactly three years and one day" after they entered into the loan agreement. In addition to attempting to rescind the loan, the borrowers' counterclaim sought damages under TILA.

The lower court dismissed the counterclaim on the basis that it was untimely.

The borrowers appealed, contending among other things that (1) that their election to rescind was timely; and (2) even if it was not, the election should survive under a "right of rescission in recoupment under state Law."

As you may recall, TILA provides that "[a]n obligor's right of rescission shall expire three years after the date of the consummation of the transaction." 15 U.S.C. Sec. 1635(f) (2006). TILA's implementing regulation provides that "[t]o exercise the right to rescind, the consumer shall notify the creditor of the rescission by mail, telegram, or other means of written communications." 12 C.F.R. Sec. 226.23(a)(2) (2006).

The Court began its analysis by noting that the Supreme Court held that TILA "completely extinguish[es] the right of rescission at the end of the three year period." Beach v. Ocwen Federal Bank, 523 U.S. 410, 412-14 (1998).

Finding that holding unambiguous, the Court turned its attention to the manner in which a borrower must provide notice to the creditor under TILA, which it found to be an issue of first impression in Illinois. Based on the plain language of TILA and its implementing regulation, the Court held that TILA "requires that the written communication clearly state that the borrower is rescinding the mortgage in the present; it nowhere speaks of merely notifying the creditor of an intention to rescind at some unspecified point in the future."


Under the facts at issue here, the Court observed that none of the borrowers' communications contained an unqualified statement of the borrowers' intention to rescind the loan. In particular, the borrowers' counterclaim stated that the borrowers' intended to rescind the loan "by the filing of this counterclaim."

However, the counterclaim was not timely filed. Therefore, the Court held that the borrowers "failed to rescind their loan within the three-year statute of repose" imposed by TILA.

The Court next examined the borrowers' contention that they should be allowed to proceed under a "defense in recoupment" per Illinois law. The Court found that a recent decision held that "Illinois law.does not authorize an action in recoupment in defense of foreclosure actions brought outside of the three-year requisite period." Wells Fargo Bank, N.A. v. Terry, 401 Ill App 3d 18 (2010) ("Terry").

In Terry, the court held that under Illinois law, the right of rescission would only survive the expiration of the three-year period if the relevant portion of TILA were a statute of limitations. Id. at 21.

However, the U.S. Supreme Court in Beach v. Ocwen held that TILA is a statute of repose. See Beach v. Ocwen, 523 U.S. at 417. Therefore, the Court held that the borrowers' argument failed, and their rescission claim was properly dismissed.

Check Your Child's Driver's License Record

Lay Off Rights

For a business with 50 to 99 employees, the federal Worker Adjustment and Retraining Notifications Act mandates notification of layoffs constituting at least 33 percent of the staff. The act provides a 90-day notice period.


http://www.newyorklawjournal.com/PubArticleNY.jsp?id=1202533111098

Consumer WARNING

Some fraudsters attempted to disguise themselves as government agencies by displaying government seals or adopting names similar to a government agency. They promise to help borrowers modify their loans through the Home Affordable Modification Program (HAMP).


SIGTARP warns homeowners to seek modifications through their servicers or contact a HUD-approved housing counselor at 1-888-995-HOPE (4673).

Consumer Warning

Some fraudsters attempted to disguise themselves as government agencies by displaying government seals or adopting names similar to a government agency. They promise to help borrowers modify their loans through the Home Affordable Modification Program (HAMP).


SIGTARP warns homeowners to seek modifications through their servicers or contact a HUD-approved housing counselor at 1-888-995-HOPE (4673).

Reaffirmation Agreements

A reaffirmation agreement is a brand new legal contract that revives your personal liability on the mortgage note – a liability that will otherwise be wiped out when you receive your discharge in your bankruptcy case.

What this means is  if sometime down the road, say, 2 or 5 or 10 years from now, you can no longer afford to make your mortgage payments, your lender would not only be able to foreclose and take your home, but the mortgage company can also file a lawsuit against you for the deficiency from the foreclosure sale (ie, the difference between what you owe on the mortgage loan and the amount the property sold for at the foreclosure sale).  For example, if you owe $200,000 on your mortgage loan, and your home is worth only $150,000 at the time of the foreclosure sale, then if you sign a reaffirmation agreement now, you could legally owe your lender $50,000 even though you no longer own your home.

Your lender will give you reasos to try to get you to sign the reaffirmation agreement which will certainly sound enticing: start receiving monthly billing statements again, reestablish automatic debit payments, and  have your positive payment history reported to the credit reporting agencies.

But you have to ask yourself whether those are nearly good enough reasons to put yourself back on the hook for a liability of hundreds of thousands of dollars in the future?   Just keep making your mortgage payments and comply with all the other terms in your mortgage loan documents (property taxes, insurance, etc), and if you have any problems with your lender, then come talk to us.

Now, if your lender is willing to re-negotiate the loan, lower the interest or the principal owed, or somehow entice you into an offer you cannot refuse, then we may be willing to talk about it.

Note: This does not apply to car loans.  You must reaffirm car loans to keep the vehicle.  Ride through  provisions no longer apply to vehicles.

Bankruptcy Case Law

In re Dumont, 383 B.R. 481, 489 (9th Cir. BAP 2008)


“Ride through” option under pre-BAPCPA law was eliminated in 2005. However, “if a debtor is in compliance with sections 521(a)(6) or 362(h)(1) and (2), then section 521(d) has no effect, and enforcing an ipso facto default clause is still barred by the Code.”



In re Bennett, 298 F.3d 1059 (9th Cir. 2002)

Absent a valid reaffirmation agreement, an agreement to repay a discharged debt is unenforceable under section 524(a)(2), regardless of California law to the contrary

Southern District Flordia Effective 12/1/11

http://www.flsb.uscourts.gov/web_folder/NEWS/11-11-22_Notice_of_Entry_of_Administrative_Order_11-03.pdf




http://www.flsb.uscourts.gov/AdmOrders/AO_2011-03_Order_Adopting_Interim_Local_Rules_and_Clarifying_Status_of_Local_Forms_Related_to_Chapter_13_Case_Matters_Addressed_in_Local_Rule_3070-1_and_Related_to_Local_Rules_2002-1_and_4004-3.pdf

Single Point of Contact and Reviews

The Federal Reserve says all servicers have instituted policies to end dual-tracking and provide borrowers with a single point of contact. Mortgage servicers under the OCC’s jurisdiction include: Aurora Bank, Bank of America, Citibank, EverBank, HSBC, JPMorgan Chase, MetLife Bank, OneWest Bank, PNC, Sovereign Bank, U.S. Bank, and Wells Fargo.
The Federal Reserve has supervisory responsibility over the two other servicers subject to the April regulatory consent orders – Ally Financial and SunTrust.

http://www.occ.gov/news-issuances/news-releases/2011/nr-occ-2011-139a.pdf

The independent consultants for each servicer are:

• AllonHill for Aurora Bank

• Clayton Services for EverBank

• Deloitte & Touche for JPMorgan Chase

• Ernst & Young for HSBC and MetLife

• Navigant Consulting for OneWest PricewaterhouseCoopers for Citibank and US Bank

• Promontory Financial Group for BofA, PNC, and Wells Fargo

• Treliant Risk Advisors for Sovereign Bank

• The engagement letters describe how the independent consultants will conduct their file reviews and claims processes to identify borrowers who suffered financial injury as a result of procedural deficiencies.

• The letters include language stipulating that consultants will take direction from the OCC and specifically prohibiting servicers from overseeing, directing, or supervising the reviews. The OCC says it is working to ensure a consistent process for all servicers.

http://www.independentforeclosurereview.com/

http://www.occ.gov/topics/consumer-protection/foreclosure-prevention/independent-review-foreclosure-letters.html

Principal Write Downs Coming?

Bank representatives and government officials are working on a broad settlement of most state and federal foreclosure-practices investigations that could move forward without the participation of California, long considered a key to any deal, the Wall Street Journal reported. The dollar value of the settlement would include the value of principal write-downs, interest-rate reductions and other benefits to homeowners as well as cash penalties. http://online.wsj.com/article/SB10001424052970203710704577054550234461744.html?mod=WSJ_hp_LEFTWhatsNewsCollection#printMode
Bank representatives and government officials are working on a broad settlement of most state and federal foreclosure-practices investigations that could move forward without the participation of California, long considered a key to any deal, the Wall Street Journal reported. The dollar value of the settlement would include the value of principal write-downs, interest-rate reductions and other benefits to homeowners as well as cash penalties. http://online.wsj.com/article/SB10001424052970203710704577054550234461744.html?mod=WSJ_hp_LEFTWhatsNewsCollection#printMode

Debt Card Increases Under Justice Dept Review

http://www.bloomberg.com/news/print/2011-11-22/debit-card-fee-increases-under-u-s-justice-department-review.html



The U.S. Justice Department is conducting an antitrust review of statements and actions by banks and their trade associations about imposing fees on customers who use debit cards. The Federal Reserve, acting on a provision of the 2010 Dodd-Frank Act, imposed rules on Oct. 1 limiting fees card networks charge merchants to 21 cents per transaction, about half what retailers had been paying. In response, lenders including Bank of America and Wells Fargo considered new charges for debit customers to make up some of the $8 billion the largest banks may lose under the rules. House Democrats who last month asked Attorney General Eric Holder to investigate whether U.S. banks and their trade groups colluded on whether to impose fees in response to caps on what they can charge for using debit cards.

Happy Thanksgiving

Tuesday, October 18, 2011

Postage Costs to Rise

U.S. Postal Service announced Tuesday that it will increase postage rates on Jan. 22, including a 1-cent increase in the cost of first-class mail, to 45 cents.

Wednesday, October 12, 2011

Bankruptcy Court Filing Fee Increase

On September 13, 2011, the Judicial Conference of the United States voted to increase certain miscellaneous filing fees, effective November 1, 2011.  The "administrative fee" portion of the filing fee for each chapter will increase from $39 to $46, which will have the result of increasing the overall filing fee for each chapter by $7.00.  Thus, as of November 1, the filing fees for each chapter will be as follows:

Chapter 7--$306
Chapter 11--$1,046
Chapter 12--$246
Chapter 13--$281
Chapter 15--$1,046

In addition, the fee for amending schedules will increase from $26 to $30, the adversary filing fee will increase from $250 to $293, the fee for filing a notice of appeal will increase from $250 to $293, and the fee for filing a motion for relief from stay will increase from $150 to $176.

There are other miscellaneous fee increases for certification, exemplification, audio recording, records searches, record retrieval, and returned checks.

Thursday, October 6, 2011

Matt Weidner for Office

In case you live under a rock.  Matt Weidner is running for State Rep in District 52 against Jeff Brandes.

http://mattweidnerlaw.com/blog/register-to-vote-do-it-now-dont-wait/

http://battlegroundtampabay.com/2011/08/foreclosure-attorney-matt-weidner-files-to-run-against-rep-jeff-brandes/

Brandes is a Republican.   Weidner is listed as Independent.   

Contributions to:

MATTHEW WEIDNER
329 4TH AVENUE SOUTH
ST. PETERSBURG FL 33701


Weidner is against making Florida a Non-Judicial State.      Where does Brandes stand?

Saturday, September 17, 2011

Tampa Bay Rowdies

Watching FC Tampa Bay v. Minn Stars

Sent from my Verizon Wireless Phone

Wednesday, September 14, 2011

DHS to unveil new airport security policy for kids

http://www.msnbc.msn.com/id/44504084?GT1=43001

Children 12 years old and younger soon will no longer be required to remove their shoes at airport security checkpoints, Homeland Security Secretary Janet Napolitano told Congress on Tuesday. The policy also includes other ways to screen young children without resorting to a pat-down that involves touching private areas on the body.


Kids should take there shoes off and go through the screening machine too.  hello terrorists do not care about there kids--- Vietnam War- Middle East- ring any bells????

Pets as a Medical Expense in Your Ch 13

http://www.feedblitz.com/f/?FBLike=http://lawprofessors.typepad.com/bankruptcyprof_blog/2011/08/pets-and-chapter-13.html

Bankruptcy Filings Down

August consumer bankruptcies decreased 11 percent nationwide from August 2010, according to data from the National Bankruptcy Research Center (NBKRC). The data showed that the overall consumer filing total for August declined to 113,432, down from the 127,028 consumer filings recorded in August 2010. Each month of 2011 has recorded fewer bankruptcies than last year. 

NY Banking Dept Reaches Servicing/Foreclosure Practices Agreement with Goldman, Litton, Ocwen

New York's Department of Financial Services and Banking Department entered into an agreement with Goldman Sachs Bank, Ocwen Financial Corp. and Litton Loan Servicing LP regarding certain servicing and foreclosure practices.

A copy of the Agreement on Mortgage Servicing Practices is available at:
df

As part of the Agreement, Goldman Sachs will write down approximately $13 million in unpaid principal, consisting of forgiveness on 25 percent of the principal balance all 60-day delinquent first-lien home loans in New York serviced by Litton and owned by Goldman Sachs and its subsidiaries as of August 1, 2011.

The Agreement is a condition of Ocwen's acquisition of Litton, and does not preclude any future investigations of past practices or release any future claims or actions.  In addition, if any party to this Agreement agrees with any other regulator to adopt greater consumer protections or other more rigorous standards than are contained in this Agreement, such other provisions shall be applicable to the party.

Among other things, the Agreement requires servicing and foreclosure practice changes in the following areas:

- Document execution
- Accuracy of documentation
- Standing to foreclose
- Identification and contact information of the note holder, and account/payment history, on request
- Compensation to borrowers, and voiding of third-party sales, in all wrongful foreclosures
- Regular quality assurance audits of foreclosure and bankruptcy proceedings
- Oversight of third-party vendors
- Adequate staffing and training
- Single-point-of-contact notices and related requirements
- Toll-free number set up for new loans upon acquisition or transfer of servicing
- Modification notices
- Independent review of loan mod denials
- Complaint handling and resolution procedures
- Limits on attorneys fees, late fees and delinquency charges, property valuation fees
- Limits on lender-placed insurance

Ocwen and Litton must implement these requirements within 60 days following the acquisition. Goldman, which is exiting the mortgage servicing business with the sale of Litton, has agreed to adopt these servicing practices if it should ever reenter the servicing industry.

Articles of Interest

Foreclosures: Uncle Sam and His 248,000 Homes

U.S. taxpayers are the biggest owners of repossessed homes. For now, they’re stuck with them.  http://www.businessweek.com/magazine/foreclosures-uncle-sam-and-his-248000-homes-09012011.html

Robo-signed mortgage docs date back to late 1990s

http://www.google.com/hostednews/ap/article/ALeqM5getrYeAQRv3rG7noQ7QmPQQlnIaw?docId=b6873213020e4758bcd75ad770819850

As county officials review years' worth of mortgage paperwork, in some cases combing through one page at a time, they are finding suspect signatures — either signed with the same name by dozens of different people, improperly notarized or signed without a review of the facts in the paperwork — on all sorts of mortgage documents, dating as far back as 1998, The Associated Press has found.

10.9 million Houses Underwater

Nearly 10.9 million, or 22.5 percent, of all residential mortgages had negative equity at the end of the second quarter of the year, according to a report released Tuesday by the analytics firm CoreLogic. The figure is actually a slight improvement from the 22.7 percent of all mortgages with negative equity in the first quarter of 2011. CoreLogic says nearly three-quarters of homeowners in negative equity situations are also paying higher, above-market interest on their mortgages.  Nevada held the top position in terms of negative equity with 60 percent of all of its mortgaged properties underwater, followed by Arizona (49 percent), Florida (45 percent), Michigan (36 percent), and California (30 percent). http://www.corelogic.com/

10.9 million Houses Underwater

Nearly 10.9 million, or 22.5 percent, of all residential mortgages had negative equity at the end of the second quarter of the year, according to a report released Tuesday by the analytics firm CoreLogic. The figure is actually a slight improvement from the 22.7 percent of all mortgages with negative equity in the first quarter of 2011. CoreLogic says nearly three-quarters of homeowners in negative equity situations are also paying higher, above-market interest on their mortgages.  Nevada held the top position in terms of negative equity with 60 percent of all of its mortgaged properties underwater, followed by Arizona (49 percent), Florida (45 percent), Michigan (36 percent), and California (30 percent). http://www.corelogic.com/

Tuesday, September 13, 2011

Changes to Federal Bankruptcy Rules and Forms

Changes to Federal Bankruptcy Rules and Forms
Effective December 1, 2011

The following changes to and/or new Federal Rules of Bankruptcy Procedure and Official Bankruptcy Forms take effect December 1, 2011:

 Rule 1004.2 - Republication of a new rule requiring entity filing a chapter 15 petition to state the country of the debtor’s main interest, filer to list each country in which a case involving debtor is pending, and setting deadline for challenging the statement asserting the country of the debtor’s main interest.

 Rule 2003 - Requires the filing of a statement upon adjourning a meeting of creditors or equity security holders.

 Rule 2019 - Expands the scope of the rule’s disclosure requirements by requiring disclosure in chapter 9 and 11 cases by all committees or groups that consist of more than one creditor or equity security holder, as well as entities or that represent more than one creditor or equity security holder. It also authorizes the Court to require disclosure by an individual party in interest when knowledge of that party’s economic stake in the debtor would assist the Court in evaluating the party’s arguments.

 Rule 3001 - Prescribes in greater detail the support information required to accompany a proof of claim.

 Rule 3002.1 - New rule implements § 1323(b)(5) of the Bankruptcy Code which permits a chapter 13 debtor to cure a default and maintain payments of a home mortgage.

 Rule 4004 - Permits a party under limited circumstances to seek an extension of time to object to a debtor’s discharge after the time for objecting has expired.

 Rule 6003 - Clarifies that the requirement of a 21-day waiting period before a Court can enter certain orders at the beginning of a case, including an order approving employment of counsel, does not prevent the Court from specifying an effective date for the order that is earlier than the date of its issuance.

A complete list of the changes to and/or new Rules (Appellate, Bankruptcy, Criminal and Rules of
Evidence) that take effect December 1, 2011, is located on the U.S. Courts’ web site at:

www.uscourts.gov/RulesAndPolicies/FederalRulemaking/PendingRules/SupremeCourt042611.aspx.


 Form 1 (Voluntary Petition) - Implements new Bankruptcy Rule 1004.2.

 Forms 9A - 9I (Notices of Bankruptcy Case, Meeting of Creditors & Deadlines *341 Meeting Notice+) -Conforming to amendments to Bankruptcy Rule 2003(e).

 Form 10 (Proof of Claim) - Clarifies that, consistent with Rule 3001(c) and new Rule 3002.1, writings supporting a claim or evidencing perfection of a security interest—not just summaries—must be attached to the proof of claim. Three new forms have been created for claims secured by a security interest in the debtor’s principal residence.

 Form 10 (Attachment A) - Mortgage Proof of Claim Attachment

 Form 10 (Supplement 1) - Notice of Mortgage Payment Change

 Form 10 (Supplement 2) - Notice of Postpetition Mortgage Fees, Expenses, and Charges

 Form 25A (Plan of Reorganization in Small Business Case under Chapter 11) - Changes the effective date consistent with 2009 time-computation rules amendments.

You may view the proposed forms or obtain more information on the “Bankruptcy Forms
Pending Changes” page of the U.S. Courts’ web site at
http://www.uscourts.gov/FormsAndFees/Forms/BankruptcyForms/BankruptcyFormsPendingChanges.aspx

Mortgage rates hit lows

 Freddie Mac now puts the average rate for a 30-year fixed mortgage at 4.12 percent and the 15-year rate at 3.33 percent

Freddie Mac Rolls Out New Standard Modification

http://www.freddiemac.com/sell/guide/bulletins/pdf/bll1116.pdf

The Standard Modification replaces Freddie Mac’s classic modification, which is a debt coverage ratio mod, and is part of the Servicing Alignment Initiative underway to bring the two GSEs’ protocol for handling defaulted loans in line with one another.
Freddie Mac says the new formula will help servicers simplify underwriting by using a standard set of modification terms, including a 5 percent interest rate, for all eligible borrowers.


The new Standard Modification is available to borrowers who don’t qualify for the government’s Home Affordable Modification Program (HAMP), and includes a trial period to help ensure borrowers can sustain their modified mortgage payments and reduce re-default rates in servicers’ Freddie Mac portfolios

Dickson- Countrywide (6th Cir.)

The U.S. Court of Appeals for the Sixth Circuit recently ruled that a Chapter 13 debtor whose mobile home was involuntarily converted to real property by court order had standing to seek avoidance of a perfected lien on the real property under Section 522(h)(1) of the bankruptcy code.

The borrower in this matter gave Countrywide Home Loans ("Countrywide") a note and mortgage on an unimproved lot in consideration for a loan. She then used the loan proceeds to purchase a manufactured home, and placed that home on the mortgaged real property. Under the terms of the mortgage, Countrywide was granted a lien against the real property and "all improvements now or hereafter erected on the property, and all easements, appurtenances, and fixtures now or hereafter a part of that property." Several years later, the borrower filed for bankruptcy under Chapter 7 and was granted a discharge; she did not reaffirm the debt.

After a subsequent default, Countrywide initiated foreclosure proceedings.

In its foreclosure complaint, Countrywide asserted that while the parties had intended the mortgage to secure a valid, first lien on the manufactured home, the borrower had failed to surrender the title to the manufactured home, thus preventing the Countrywide from noting its lien on the title to the manufactured home. Countrywide obtained a judgment from the state court that it had a valid first priority lien on the real property, that the real property be sold to satisfy Countrywide's lien, and that the manufactured home be "deemed converted to real estate."

Shortly thereafter, the borrower filed a Chapter 13 petition. Countrywide sought relief from the stay, but the borrower responded by filing an adversarial complaint, asserting that Countrywide had failed to properly perfect its lien on the manufactured home. Countrywide moved for summary judgment on the bases that the borrower lacked standing to bring the adversary proceeding because the mortgage lien was consensual, that the borrower's claim was barred by res judicata as a result of the prior Chapter 7 case, and that the prior state court judgment prevented avoidance of Countrywide's lien. The borrower filed a similar cross motion for summary judgment, disputing each of Countrywide's assertions.

The bankruptcy court denied both parties' motions, and ruled that the borrower did have standing because the lien at issue was created by a non-consensual judgment lien. After renewed cross motions from both parties, the bankruptcy court eventually again ruled in favor of the borrower, concluding that "the only manner in which to perfect a lien on a manufactured home under Kentucky law is by noting the lien on the certificate of title, that Countrywide had failed to perfect its lien, and that even if Countrywide had perfected its lien, such lien was avoidable as a preference." On appeal, the Bankruptcy Appellate Panel upheld the bankruptcy court's judgment and order in favor of the borrower, and Countrywide appealed to the Sixth Circuit.

The Sixth Circuit noted that, under Kentucky law, "a manufactured home is personal property for which a certificate of title is required" and that "[i]n order to perfect a lien on personal property, the lien must be noted on the certificate of title." However, the Court also noted that "a manufactured home may also be converted from personal property to an improvement to real estate.thereby allowing perfection through first recording without notice."

The Court further noted that "the plain language of the mortgage contract did not grant Countrywide a lien on [the borrower's] manufactured home as personal property." Accordingly, "unless converted to an improvement to real estate, Countrywide did not obtain a security interest in the manufactured home through the mortgage contract."

The Court also considered various state-law decisions in ruling that "even if Countrywide obtained a lien against the manufactured home by way of the mortgage contract, it is undisputed that Countrywide did not note this security interest on the certificate of title, and the filing of a lis pendens cannot serve to perfect a security interest in a manufactured home" and thus, "before the state-court foreclosure judgment, Countrywide did not have a perfected lien on the borrower's manufactured home."

The Court then examined the state court order of sale converting the borrower's manufactured home to an improvement to real property, and concluded that the state court judgment created a perfected security interest in the manufactured home. The Court also noted that, because the borrower did not appeal the state court judgment, the conversion was binding under the doctrine of res judicata.

In addition, the conversion also placed the manufactured home "clearly within the terms of the mortgage contract," which then "granted a security interest in favor of Countrywide on the listed real estate, together with 'all the improvements now or hereafter erected on the property.'"

Accordingly, the Court ruled, "upon the entry of the state-court judgment.

Countrywide possessed a perfected lien on the borrower's manufactured home."

The Court then considered whether the borrower had standing to seek avoidance of Countrywide's perfected lien. Considering the language of Section 522(h) of the Bankruptcy Code, the Court ruled that "a Chapter 13 debtor has standing to avoid a transfer under Section 522(h) if five conditions are met: (1) the transfer was not voluntary; (2) the transfer was not concealed; (3) the trustee did not attempt to avoid the transfer;

(4) the debtor seeks the avoidance pursuant to Sections 544, 545, 547, 548, 549, or 724(a) of the Bankruptcy Code; and (5) the transferred property is of a kind that the debtor would have been able to exempt from the estate if the trustee had avoided the transfer under one of the provisions in Section 522(g)."

The Court ruled that Countrywide did not obtain a perfected security interest in the manufactured home until it "was converted to an improvement to real estate, thereby bringing the home within the boundaries of the mortgage contract," and thus, "while a transfer in real property did occur through the mortgage contract, the mortgage was not the triggering transfer."

Rather, the Court ruled, the "conversion of [the borrower's] manufactured home to an improvement to real property was involuntary because it was accomplished by operation of law without consent." Countrywide did not dispute that the borrower met requirements 2 through 4 of Section 522(h), and therefore, the Court ruled, the borrower "possesses direct standing"

to avoid Countrywide's lien pursuant to Section 522(h).

Finally, the Court also considered whether the lien was properly avoided pursuant to Section 547, which as you may recall allows for the avoidance transfers within the 90 days period before the filing of a bankruptcy petition. The Court first examined a prior decision holding that under Section 547, "a transfer is deemed to have been made at the time the transfer is perfected, if perfection takes place more than 30 days after its creation."

However, the Court ruled, "the creation and perfection of Countrywide's interest in the manufactured home occurred at the time of the state-court judgment. [which was] well-within the 90-day preference period" and therefore, the Court ruled "Countrywide's lien on the manufactured home was properly avoided pursuant to Section 547.5."

Tuesday, August 23, 2011

TILA Rescission Claim

The U.S. Court of Appeals for the Third Circuit recently held that the testimony of a borrower alone is sufficient to overcome TILA's presumption of delivery of TILA disclosures.

A copy of the opinion is available at:

http://www.ca3.uscourts.gov/opinarch/094055p.pdf

The borrower brought a TILA rescission claim, specifically alleging that she did not receive the notices of her right to cancel at the closing on her home, and further, that to the extent she did receive the notices in the mail after the closing, they were not clear and conspicuous as required by TILA because they listed the wrong final rescission date and because they were received only after the loan funds had been disbursed.

Thus, according to the borrower, TILA's three-year extension of the right to rescind under the mortgages was triggered. The jury entered a verdict in favor of the lender on this TILA rescission claim.

On appeal, the borrower challenged various aspects of the jury instructions, including the District Court's instruction that because her signature was on the notice of right to cancel, "something more than just [her] testimony . . . is needed to rebut the presumption that she received" the notice.

Examining the jury instruction at issue, the Court noted that, unless Congress or the Rules of Evidence provide otherwise, "a presumption in a civil case imposes the burden of production on the party against whom it is directed, but does not shift the burden of persuasion." Further, "the introduction of evidence to rebut a presumption destroys that presumption, leaving only that evidence and its inferences to be judged against the competing evidence and its inferences to determine the ultimate question at issue."

The Court then examined the language within TILA, specifically the provision stating that when a borrower signs a "written acknowledgment of receipt" of the disclosures required by TILA, his or her signature "does no more than create a rebuttable presumption of delivery thereof." The Court concluded that this language in TILA indicated that Congress did not intend that something more than the testimony of a borrower was required to overcome TILA's rebuttable presumption of receipt. Thus, the District Court's jury instruction to the contrary was in error.

Thursday, August 18, 2011

Foreclosure Cases

http://richmangreerblog.com/2011/08/

This W. Palm Attorney does an awesome job briefing all the foreclosure cases in Florida each week.   Check him out.

Friday, August 12, 2011

New Eviction Method

http://consumerist.com/2011/08/landlord-suspected-of-releasing-thousands-of-scorpions-to-get-tenants-out.html

Interesting Site

http://consumerist.com/2011/08/

iPad or Other Tablet?

I want an IPAD- I covet the iPad and would love for Apple to send  me one like they have some legal blogger-- her that Apple?

But  there is even more reason to chose the iapd with all the IP suits and drama
http://www.law.com/jsp/lawtechnologynews/PubArticleLTN.jsp?id=1202510777839

Braids being cut off

What is going on in NY?   We have children getting their braids cut off on the way to school
http://query.nytimes.com/mem/archive-free/pdf?res=F10610FC345F10738DDDAE0A94D9405B8185F0D3

We have children getting their braids cut off in Kindergarten by classmates
http://www.essence.com/2010/02/24/bullies-cut-5-year-old-girls-hair/
They're young, but shouldn't they know better? If not addressed, the psychological effects of long-term bullying are bad enough without tacking on that now this five-year-old girl has to walk around with a patch of hair missing from the back of her head. 

Schools and Judges taking no action
http://www.cltmag.com/us-judge-finds-no-constitutional-damages-claim-in-bullying-case.html

Teacher chops off child's braid
http://www.essence.com/2009/12/15/crazytown-usa-braids-not-safe-in-milwauk/

 People need to teach their children to keep their hands off of other people  PERIOD.

When my son was in Pre-school- a religous one mind you, another child cut my son't face- he was 3 and 1/2 at the time. The school did nothing about it.   My son still has a scar to this day although a faint one.   I really wish I would have sued the school and the parents of the little psychopath !!  The  school system needs to protect these kids system needs to protect these kids.  It's just hair it will grow back is not acceptable.


Are we in a Recession or is it still to come?


I personally thought we were in a Recession, but the experts say it's still coming. See the attached story.

http://www.bloomberg.com/news/print/2011-08-11/recession-threatening-u-s-after-household-spending-s-consecutive-declines.html

Bankruptcy filings up in 2010 from 2009- No Suprise.

The Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 requires the director of the Administrative Office of the U.S. Courts to submit an annual report to Congress on certain bankruptcy statistics.

The report, which includes multiple charts and an interactive map, shows that more 1.5 million bankruptcy petitions were filed by individuals with predominately nonbusiness debt in 2010 – an increase of 9 percent over 2009.

Wednesday, August 10, 2011

London Riots?

The following was a quote about the riots in London off reuters.com:



“multicultural society, as the history shows, never works in times of lack of prosperity!

Real calamities always unite a culturally homogenous society-Japan an example; divides even more multicultural ones..

You are right! The changes to the unsustainable social systems are coming! “

I was wondering?

So what we start kicking people out of the country? Once we deport the foreigners,  who do we start on next? And what about those with multi ethnic backgrounds, which country do we send them to? How far back do we go since only the Indians were here in the first place and we decimated their civilization. Do I get to stay because I have 1/2  British Ancestors? Are there really any homogenous societies left?

OCC Consent orders

http://alfn.site-ym.com/resource/resmgr/Docs/Bank_of_America.pdf


http://alfn.site-ym.com/resource/resmgr/Docs/Citibank.pdf

http://alfn.site-ym.com/resource/resmgr/Docs/HSBC.pdf

http://alfn.site-ym.com/resource/resmgr/Docs/J.P._Morgan_Chase.pdf

http://alfn.site-ym.com/resource/resmgr/Docs/LPS;_DocX.pdf

http://alfn.site-ym.com/resource/resmgr/Docs/MERSCORP.pdf

http://alfn.site-ym.com/resource/resmgr/Docs/MetLife.pdf

http://alfn.site-ym.com/resource/resmgr/Docs/PNC.pdf

http://alfn.site-ym.com/resource/resmgr/Docs/U.S._Bank.pdf

Thursday, August 4, 2011

Murder Goes Uncharged 2 years Later

Robert Wone arrived at their house alive, and Joseph Price, Victor Zaborsky and Dylan Ward were in the house, and he ends up dead with three stab wounds to his chest,” Wone's widow said. “My gut definitely tells me that they were in some way involved in killing Robert…. They’re hiding behind the Fifth Amendment, and that is, I guess, the way they want to live their lives.” The three men were charged in late 2008 and early 2009 with obstruction of justice and conspiracy to obstruct, and then acquitted in a bench trial. No one has been charged with murder in the case. Authorities say the criminal investigation is ongoing. In finding Joseph Price, Esq., Victor Zaborsky and Dylan Ward not guilty on all counts, Leibovitz said that, while prosecutors had provided “powerful” evidence suggesting that one of the three housemates/ domestic partners  either stabbed Washington attorney Robert Wone or knows who did, the government failed to prove “beyond a reasonable doubt” that they intended to disrupt the investigation into Wone’s death.

http://legaltimes.typepad.com/blt/files/ward_affidavit

Note in Ward's room
A New Yorker magazine on the floor was opened to an article titled "Late Works, Writers Confronting the End." along with SM torture devices and a set of knoves missing the knife size of Wone's wounds.

Personal Data Usage

In question is nonpublic financial information of consumers and customers as such terms are defined in the Gramm-Leach-Bliley Act of 1999. According to the U.S. Code (USC), the term “nonpublic personal information” means personally identifiable financial information that is “provided by a consumer to a financial institution, resulting from any transaction with the consumer or any service performed for the consumer or otherwise obtained by the financial institution.”


The operative phrase is “financial” information. This, of course, would include account numbers, account balances and other nonpublic financial information regarding the consumer, including the fact that the consumer is in default. It does not, however, include property and other public records or information widely available through published telephone books, Internet social sites, etc. Nor does it apply to identifying information - such as a name, address or phone number - so long as the identifying information is not linked to the nonpublic information. the information can be shared with and by persons and entities seeking to assist in enforcing the transaction. Nothing in the codes calls for consent, written or otherwise, by the consumer. This is clearly not an oversight by Congress, as the Fair Debt Collection Practices Act (FDCPA) makes specific provisions for some requirements to be in writing, but not for others. The issue of financial institutions sharing consumer nonpublic information is generally covered under Section 313.1 of the Code of Federal Regulations (CFR)

Fannie Short Sale Partner

The Five Star Institute, a mortgage industry group based in Dallas, Texas, announced a partnership with Fannie Mae to educate real estate agents on Fannie Mae’s Short Sale Assistance Desk (SSAD). Fannie Mae’s SSAD helps expedite the process by allowing real estate agents to reach out to Fannie Mae directly for short sale approval of first-lien, Fannie Mae-backed loans. Agents can access the appropriate forms through multiple listing services (MLS).


The Five Star Institute is the parent company of DS News magazine and DSNews.com

Thursday, July 28, 2011

Credit Counseling Certificates for $25.00 and Debtor Counseling for $15.00

It's simple to receive your Debtors Education certificate:

1. Go to http://www.accesscounselinginc.org - Click on Get your Certificate Today


2. Read and agree to Disclaimer

3. Follow on-screen instructions to register be sure to enter my access code at the bottom of the registration page - this is CT46FTD for my office only-if you are not my client do not use

4. Complete the course and your certificate will be processed and delivered promptly.