How Conflict of Interest Leads to Foreclosure When a mortgage is taken out by a homeowner through a bank the homeowner is often unaware that the bank merely acts as a middle man. Banks will often collect monthly mortgage payments and pass them along to large lenders such as mutual funds. When banks create a [...]

What to Expect at a Bankruptcy Meeting of Creditors (aka 341 Meeting) A 341 meeting is something that debtors filings for Chapter 7 bankruptcy in any state will face. It is a meeting that occurs with you, your spouse if they are also filing, your attorney and an attorney appointed by the court to review [...]

Increase in Bankruptcy Filings There has a been a drastic increase in the number of consumers filing for bankruptcy in the first six months of 2010. This increase is seen in most of the 50 states but is most prevalent in the southwestern and southeastern portions of our nation. While these areas of the country [...]

Zombie Debt Collectors Zombie debt collectors are not the deceased bodies of collectors that attack you but are collectors who attempt to collect debts that are long gone. They purchase the rights to your debt from creditors for cheap and will call debtors and attempt to coerce a payment. They can call at any time [...]

How Helpful Are Debt Settlement Companies? Debt Settlement Agencies are companies that will communicate with a debtors creditors in order to reduce one’s debts. These companies reduce the need for the creditor and the debtor to interact which is alluring to debtors who wish to end phone calls from their creditors. These companies often quote [...]

“Forensic loan auditors” prey on homeowners in debt. They promise to completely wipe out loans no matter what you’re situation by investigating your mortgage loan. If they promise to find legal issues with your loan that will allow you to sue your lender which they claim will speed the process to alter you loan. The [...]

It depends. If you are current on your mortgage and all of your other bills a short sale is probably the better option. It will drop your FICO (credit score) score 85- 160 points. You may be able to purchase a new home fairly soon after the sale – BUT it may be difficult to [...]

Can I keep my house or car in a bankruptcy? Yes – for most people.  Most people that file a chapter 7 or 13 bankruptcy are able to keep their house or car through the bankruptcy process.  Any competent bankruptcy attorney will be able to tell you if you will be able to retain those items in an initial consultation.  Equity [...]

Beyond Guilt in the Housing Crisis: The Morality of Strategic Default
Brent T. White?
Abstract: Responding to those who argue that homeowners who strategically default on their mortgages are immoral and socially irresponsible, this article argues that breaching a mortgage contract is not only morally acceptable, it may be the most responsible course of action when necessary to fulfill more important obligations to one’s family.

How to Find the Owner of Your Mortgage posted by Katie Porter Concerns continue about parties filing foreclosures when they do not own the note. Florida recently enacted a rules requiring plaintiffs in foreclosure to verify ownership of the note. (Here’s a brief article on the rules, with the original subheading “Bankers Don’t Like It”). While these concerns [...]