July 24, 2017

Supreme Court Ruling on Lien Stripping

Despite the uptick in the housing market, millions of Americans owe more on their first and second mortgages than their homes are worth. When mortgage balances exceed the value of the home, the home is said to be "underwater." Sometimes the value of the home is sufficient to cover the balance of the first mortgage but not the second. The recent Supreme Court ruling on underwater second … [Read more...]

Can my Homeowners Association (HOA) force me into Foreclosure?

This video of a Charlotte, NC family being foreclosed upon by their homeowners association (HOA)  is a cautionary tale illustrating the power of HOAs and is one reason I wrote this . If you are facing a foreclosure by your homeowners association, or are substantially behind on HOA dues and have concerns about how to resolve this, you are not alone and a bankruptcy filing may be a viable … [Read more...]

Help Homeowners Facing Foreclosure: Part Three of Three

In my first post of this series we covered how foreclosure works, step by step, and defined some basic real estate terms related to distressed sales. In the second post, we answered questions on preventing foreclosure, negotiating with a mortgage company, and what to do about an adjustable rate mortgage that will soon reset. This post addresses questions on short sales and sifting through … [Read more...]

Help Homeowners Facing Foreclosure: Part Two of Three

In my first post of this series we covered the foreclosure process and defined some basic real estate terms related to distressed sales. In this article I'll cover questions and answers on preventing foreclosure, negotiating with a mortgage company, and what to do about an adjustable rate mortgage that will soon reset. Q: Can I legally prevent a foreclosure? First, there is very rarely any … [Read more...]

Help Homeowners Facing Foreclosure: Part One of Three

Foreclosures and short sales face thousands of Carolinians. I wrote this three-part series to give readers facing Carolina foreclosures and short sales straightforward information that is grounded in North Carolina law and the federal Bankruptcy Code. Sadly, four years into the financial meltdown, I continue to get a steady stream of calls asking for help preventing home foreclosures, forced … [Read more...]

Chapter 13–Lien Stripping: Hope for Homeowners

After several years of speaking with our clients about loan modifications to save homes and hearing a sad litany of misinformation and outright deceptions, it has become painfully obvious that loan modifications are more smoke and mirrors than reality. Does this mean that there is nothing that homeowners can do to try to save their homes?  Unfortunately, in most instances the answer is … [Read more...]

Challenge Your Foreclosure?

For struggling homeowners trying to avoid foreclosure, the processing errors admitted to by GMAC and Chase could mean an opportunity to challenge the banks. If you can stomach a bit of crude humor, Jon Stewart sums up the situation rather well. Mon - Thurs 11p / 10c Foreclosure Crisis On a more serious note After 40 years of helping families and businesses … [Read more...]