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In earlier blogs I’ve mentioned some of the ways that homeowners can resist foreclosures. For at least a year some state and federal courts have favorably entertained homeowner arguments regarding shoddy paperwork, robo-signings, and the inability of those bringing the foreclosure action to “show me the note.” As I’ve noted these decisions I’ve cautioned that
Recently, homeowners are having more success in preventing mortgage lenders from continuing with a foreclosure (by lifting the “automatic stay”) after the homeowner has filed for bankruptcy. Bankruptcy’s Automatic Stay When you file bankruptcy your creditors must stop all activities related to collecting a debt, with a few exceptions (usually involving child support and taxes).
Two recent lawsuits, in Washington and California, use “promissory estoppel” (a legal theory in contract cases) to get monetary damages from banks that broke their promises to homeowners facing foreclosure. The Washington Case: Promissory Estoppel as a Cause of Action Abuses by mortgage banks and servicers committed while dealing with homeowners seeking foreclosure relief or mortgage
If you file for Chapter 7 or Chapter 13 bankruptcy, what happens to second or third mortgages and liens on your home? The real estate crash, and the resulting depreciation in home values, may mean that as a practical matter, many people won’t have to worry about those liens. Here’s why. The Real Estate Crash
If you file for Chapter 7 bankruptcy, the lender may require you to reaffirm your car loan in order to keep the car. Here’s why, and what happens if the reaffirmation agreement is, or is not, approved by the bankruptcy court. When you are making payments on a car, your car note has two different
The most common question I get these days is whether filing Chapter 7 or Chapter 13 bankruptcy will stop a foreclosure. Chapter 7 Bankruptcy and Foreclosure The simple answer is, Chapter 7 bankruptcy can keep you in your home for an additional two to three months, and that’s about it. But, and it’s a big
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