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Need Advice For Non-dischargeable Debts In Bankruptcy Filing By Deanna Mascle Contrary to what many people believe, not all debts are dischargeable regardless of your bankruptcy filing options. For debts like student loans and mortgages, a debtor must enter into some type of repayment agreement rather than have these debts completely discharged. In many cases, the court will appoint a trustee to liquidate your assets so the proceeds can be used to repay your creditors. The courts have established these guidelines as a way of preventing abuse and harm to society.
Bankruptcy filing does not solve all of a debtor's financial problems. Courts have deemed that debts which could be harmful or unproductive to the nature of society are non-dischargeable in a typical bankruptcy. The idea behind this is so that people cannot relinquish their obligations to pay child support, alimony, and other money that contributes to the good of society. This idea of non-dischargeable debts also spreads to student loans because of the amount of money granted by the government each year for college educations. Student loans are possibly the most difficult types of loans to get discharged through bankruptcy. Until recently, they were covered under the types of debt that were dischargeable under loan bankruptcy guidelines, but recent amendments to the code have changed this.
In terms of bankruptcy, business filings are often forced into a plan to repay the business's creditors. The bankruptcy courts often see completely discharging the debts of a business as detrimental to society because of the ramifications involved. With a Chapter 7 bankruptcy, business assets are typically liquidated and the company shuts down. This results in a loss of jobs that help to pump money into the economy. This is why businesses are often forced into a Chapter 11 bankruptcy because their debts can be reorganized and the creditors can be paid in installments while the business continues to operate.
For people who have fallen behind on car payments or home payments, bankruptcy filing can grant a temporary protection from their creditors. Chapter 13 is designed in such a way that homeowners or consumers with other types
foreclosure and mortgage The real estate business can give you unique benefits like price appreciation. In the short term, the market may go up or down, but over the long term, you will have a safe investment because holding on to your property will almost guarantee an increase in value. Having a large portfolio of properties is a key secret to building massive wealth.You will find out that there is huge profit in dealing with undervalued foreclosure property and the statistics now show that out of every one hundred mo... GOT FORM 1099A i received a 1099a form from the mortgage company on 1-2-12 i filed chapter 7 bankruptcy in 2010 i got my discharge papers in july 2010. is this the correct form or should i have gotten 1099c i`m very confused please help!!!!! Credit card balances reported just once a month Are my credit card balances/payments reported to EQ/TU/EX just once a month or are the balances daily updated with the CRA? Withdraw 401k - gift?? I was told by someone that you cannot withdraw money from your 401k because it will show as gift money. Is that true? Negative impact on my credit score I can understand that the banks cannot collect money on someone who has filed chapter 7. But if the bank wants to take back the property in the enforcement of the lien, they must file foreclosure proceedings against the home. Being that the foreclosure goes into the public records, and ones FICO score has public records included in the report will that foreclosure be scored and reported and still have a negative impact on my credit score? Refinance auto loan I refinance my auto loan and got a better rate and saved 200 dollars per month. My biggest question is why would the lender pull my credit due to a refinance with another lender? Dispute with CRA? I have been into repairing my credit for quite sometime now!! In the meanwhile, I had pulled my husband's credit so that we can have a look at it and accordingly plan for our home purchase in the coming few months. On his credit reports it shows some of the open accounts being paid late and they were. At this point do we try dispute it with the CRA's or do send out a goodwill letter to the OC? Any advice would be appreciated. cosignor filed bankruptcy Hello all,
I'm curious is my cosignor is allowed to claim a chapter 13 on our home without my knowledge. I've heard he's not allowed to do that. We are also going through a short-sale right now. When he filed for bankruptcy, it voided our shortsale which WAS supposed to close in four days. So, I am confused on how he could file for bankruptcy and include our home without my consent. Maybe it is possible...I'm just looking for answers to continue our shortsale. It may be possible t... mortgage/deed situation i have been deed owner to a property since 1998, never on the mortgage, or loan. In 2006 i did not qualify for a mortgage to remove my x husband, so i added a friend to the deed to get a mortgage. 3 yrs ago the friendship went sour and we quick claimed the deed to my name only, the mortgage remained in the friends name. if the mortgage goes into default at this time, do i have a legal obligation as the deed owner? Settling a second mortgage I had a settled a second mortgage. I stated to them that I wanted a letter that it was paid in full and get a full release on the lien. Now, I have received the letter in the mail which says that the loan has been paid in full, release of lien etc. But I also received a 1099 in the mail, do I have to claim this on my taxes as income even though I received a paid in full letter?
of secured debts can retain their property even if they have fallen behind in the payments. The debtor makes arrangements with their court-appointed trustee to make payments along with extra money to help them catch up on missed payments with this type of bankruptcy. companies are willing to work with debtors because they would rather afford them some leeway rather than go through the trouble of court proceedings involved with foreclosures.
Mortgages are not impossible to get after bankruptcy. With manual underwriting, many companies will work with your particular case to help you achieve your home buying goals. Even though debtors who go through Chapter 13 are favored, those who have filed Chapter 7 can also be eligible depending on the circumstances surrounding their bankruptcy and their current financial situation.
Bankruptcy can change a person's life. While it offers temporary protection from the legal actions of creditors, the effects of a bankruptcy filing can haunt you for the rest of your life. One problem is that many debts that cause a person to get into financial trouble cannot be discharged. Financially, you are subject to years of higher interest rates and stricter payment schedules.
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Proposed RESPA Reform
Mortgage brokers may have some intrusive rules from HUD to deal with.
When I read the news on HUD?s proposed reform of the Real Estate Settlement and Procedures Act (RESPA) I was skeptical. Cathy from Sequim challenged me to read the 96-page federal register document so we could all figure out what?s going on. I am here to tell you that there is one very good change coming out of this proposal. In fact, it?s so good that I am borderline hopeful that this change might do what legislation is suppose to do and what HUD forgot to do when they signed the original version of RESPA in 1974. But first, the changes that will have many, but not all mortgage brokers screaming bloody murder:
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Neocon-omics
How much can the Fed and the U.S. government do in the face of declining housing prices?
That?s been my worry since I saw the housing bubble peak in 2005. Historically, declines in housing prices take 3-4 years to bottom, which means we still should be at least half a year away. But after that, the economy doesn?t rebound instantly. It yo-yos for a bit - essentially running horizontal.
Fannie Mae and Freddie Mac have entered into cooperation agreements with New York?s attorney general to only purchase loans that meet a new home valuation protection code, the state announced. The code is effected on Jan. 1, 2009. Under the new code, mortgage brokers and loan originators are prohibited from choosing or communicating with appraisers.
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Choosing Second-best
How to leverage your second choice into seller concessions and a better deal.
So, rather than competing for the best house and paying top dollar, you can use it as leverage to get a lower price and seller concessions on a home that could be even more ideal for you ? after you do a little work.
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Price Depression
A forecast for more housing price depression.
My theory is that housing prices will continue to wilt as long as large levels of foreclosures and new home inventories run high. These are not traditional homeowners, and are motivated to slash prices, thus continuing to depress prices.
You should try to get pre-approved by a lender prior to shopping for a home. A pre-approval is a strong marketing tool when making an offer that may contain many a number of seller concessions. Telling a seller that you are already approved for a loan makes the acceptance of a low offer or one where he may be paying the closing costs much more palatable.
US News and World Report implies (hopes?) we may be nearing a bottom in housing prices but with a mountain of resets coming in the next few months, it?s difficult to see how a bottom can be seen or even predicted.
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Strike One
A look at role of mortgage insurance in FHA loans.
Regarding the second point: By not raising the loan limits they fail in one of the 11 ways they can help. I believe they will fail in almost all, but let us have hope. To be specific as to why I support this: FHA is not a government gimme. It is a government guarantee the mortgage will be paid or the lender compensated for losses. The program pays positive cash flow to the government in that there is a type of mortgage insurance fee charged the borrower. It is reasonable and more than pays for the reimbursements made to the lenders that suffer a default.
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Who's To Blame
Mortgage brokers share the blame with the rest of the industry in the current real estate mess.
Who is not to blame for the mortgage mess? Take one step back. As lenders, money was flowing from the spigot like there was no tomorrow. As mortgage brokers, there was money to be made by cranking the faucet, and it was a foot race to see who could get to the sink first. As agents, we sang the ?Houses are expensive, but money is cheap? refrain until we were blue in the face. And, as for the consumer, it really doesn?t matter in the final analysis whether they were motivated by necessity, opportunity or unadulterated greed. We all helped make this bed in which we now must lie.
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Trying To Move
Hard to move when you're house loses value.
I will continue to work from Los Angeles while we work on selling our house, which unfortunately is bad timing as housing prices have taken a bit of a dive around here. Once we have things settled over here, we?ll pack our things and move up to Seattle.
What else can you say to such a ridiculous report, such obvious sensationalism? The sad thing is, many people will read this wild hyperbole and imagine that the TV station?s salacious report has a ?point? to it.
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Home Buyers Returning This Fall
This blogger says lower mortgage rates will drive buyers to the residential real estate market soon.
Ten days ago after the Fed calmed the markets' credit panic with a 1/2 point cut in the Discount rate, I postulated that home buyers will come back this fall when the Fed finally drops the Fed Funds rate, and mortgage rates drop. It's now almost certain to happen. Here are the parameters in play now:
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Lead Scrub Rates
A look at the cost of a lead for a mortgage broker.
Joel has a good interview with Dave Wengel of TargusInfo around Mortgage lead scrub rates. Specifically that lendingtree and lowermybills have a 15% scrub rate whereas the free ipod guys (lure people in with promise of a free ipod but they and their friends have to signup for credit cards, netflix and talk to mortgage brokers to get it) have around a 50-60% scrub rate.
Having been an FHA lender I can attest it is a pain at times. FHA requires annual financial audits of the mortgage brokers financial condition and more. We always have survived the several day pain, and the expenses tied to it, but only FHA drags brokers through this. The actual banks that sponsor the mortgage broker go through even more red tape and grief. Loan officers have to know more rules. FHA doesn?t rely on the easy automated underwriting or the quick answer from a subprime lender. FHA restricts how the borrowers pay for certain expenses and how much the lender can charge.
