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When Legal Matters Become Personal
Bankruptcy Judge shuts down Ed Jonak Bankruptcy Petition preparation service A case of great interest to bankruptcy filers and practitioners was recently decided by Bankruptcy Judge Gregory Kishel. Upon motion of the United States Trustee, and after two and a half...
The answer is “it depends”. It depends on what type of mortgage you are seeking, which chapter of bankruptcy, and perhaps most importantly, it depends on what the underwriting requirements are at the time you are actually seeking a mortgage. For instance, the...
In a decision issued last month, the Minnesota Supreme Court invalidated a foreclosure, on the grounds that “substantial compliance” is insufficient to proceed by foreclosure by advertisement (which is not supervised by the court). Rather, strict compliance is...
Part 4 in a series on how we help people in underwater homes When I talk to someone who is going into foreclosure, I ask them if they want to save their house, and 9 out of 10 people say “yes.” So usually the best way to do that is by way of a loan modification, which...
A common question indeed, although there is not a one-size-fits-all answer. I have lectured on this topic several times among my colleagues. As a general rule, if there are joint debts, a spirit of cooperation and a joint goal in getting those debts wiped out, it...
Part 3 in a series of how to save your house When a person who is behind on their mortgage payments calls me, I go through a hierarchy of questions: A. Do you want to save your house? B. Can you afford your mortgage payments? C. Have you tried a loan modification? D....
The first thing I ask people when they are facing foreclosure, is whether they’ve tried to get a loan modification. A prior blog entry suggests how to go about that. Often, people have assumed that loan modifications are handed out on a silver platter, but it’s not...
Governor drops plans to tax legal services Gov. Mark Dayton is dropping his plan to tax business-to-business services as part of his plan to balance the state’s budget. He was hoping to raise about $2 billion over the next two years by taxing legal, accounting and...
It seems that every time I read the paper, there’s a new program to help homeowners, or a new lawsuit against mortgage companies that was settled, and they talk about how it helps, but there are never details on how to go about it. And few people actually get the help...
January 14, 2013 Discussion of lien stripping of wholly unsecured mortgages in Chapter 13 cases, including a new proposed Local Rule, recent case law, proposed plan language and additional procedures related to lien stripping. In addition, the panel discussed issues...