The North Carolina Bankruptcy Information Blog

Jobs in the private sector may be on the way up—a complete change of pace from the post-Recessionary years—but optimism about the mortgage industry is still way down in the wake of massive foreclosure abuses at major mortgage lenders.

In fact, The New York Times recently published a shocking article detailing the struggles of homeowners facing foreclosure framed by mortgage servicing horror stories piling up all across the nation.

According to the Times, dubious mortgage practices— widespread document execution fraud, misrepresenting fees, forgeries on signatures for your key mortgage documents, and making deceptive statements about efforts to correct paperwork—have become the norm, not the exception, for many a major mortgage lender from the West Coast to the East Coast.…

In this blog we often talk about the benefits of bankruptcy for individuals and businesses—debtors who are part of the American fabric that are facing the significant financial perils of the current economic malaise.

But what if one of the financial entities that is often the primary culprit for harassing these same American debtors seeks the safe havens of bankruptcy relief? What are the economic impacts of such a filing?

Well, we just might see, as one of the nation’s major mortgage insurers filed for Chapter 11 bankruptcy protection this month– a move that’s seen as a blow to lenders overall and ultimately to borrowers who seek credit, including those in dire need of home loans.…

Foreclosures? Theeeey’re Baaaaack.

After several months of falling default rates, foreclosures were up again in August 2011, rising by about 7 percent compared to the month before. In fact, according to new numbers from the real estate firm RealtyTrac, some of the biggest increases were in the nation’s wealthier places: suburbs, industrial hubs, as well as small town service worker centers, already hard-hit by the great recession.

According to a new report from PBS Newshour, that’s bad news to anyone hoping for a speedy economic recovery. “The bumps represent different sets of problems, both disheartening. First, the increases in the wealthy communities suggest that people in those counties still may be leery of spending money in the months ahead – something they need to do if the economy is to turn around.…

The big news recently seems to be rising unemployment, with jobs coming back into focus as yet another election season begins to heat up. But a recent jump in another bad economic bellwether—home foreclosures—is a new cause for concern in these uncertain economic times.

According to a latest reports, the number of mortgage-default notices filed by banks climbed 33 percent between July and August — the biggest single-month increase in four years, according to the data provider RealtyTrac.

As The Huffington Post put it, “Default notices are the first step in the foreclosure process, and the uptick in August may mean that lenders are beginning to clear the logjam that has held up home foreclosures since 2010.…

In the years since the end of America’s recent Great Recession, there have been plenty of ups and downs in economic forecasts, fiscal prognostications, and financial facts and figures. But as mortgages rates rose forcing many into foreclosure, the personal health of those impacted went on the decline, as the real estate reckoning wrought a wave of depressed homeowners.

In fact, according to a new article by The Huffington Post, “The damaging mental-health effects of the fragile economy have been a subject of study since the throes of the Great Recession, and with the economy now settling into a state of near-inertia, those same health consequences appear likely to continue to afflict Americans who view their financial position as precarious.…

When you’re drowning in debt, and dodging your creditors, you may feel stuck—forced to eliminate your financial trappings as soon as possible and by any means necessary. But, in the process of dispensing with debt through the benefits of bankruptcy, it’s vital that you deal with that debt deliberately and follow certain rules pre-filing in order to assure that your financial future is as fruitful as possible.

Remember, making poor decisions before bankruptcy may prevent you from getting debt relief. As such, it’s always best to avoid the following pre-bankruptcy:

Transferring assets to someone else.
When you’re filing for bankruptcy, you may feel inclined to transfer assets, either to make yourself look like a better (more desperate) candidate with fewer assets or to try to hold onto property that might otherwise be placed in what’s called the “bankruptcy estate.” The short answer is: don’t.…

As active duty service members come home from wars winding down abroad in Iraq and Afghanistan, they are welcomed to friends, family and staggering unemployment. Now, tens of thousands of veterans are flooding the job market at a time when millions of civilians can’t even head back to work.

According to a new report from Reuters, unemployment among recent veterans grew to 13.3 percent in June, more than 4 percentage points higher than the national average. “From 2008 to 2010, that rate rose from 7.3 percent to 11.5 percent, and it’s expected to climb further as more troops come home this year — 10,000 from Afghanistan and, unless Iraq requests some to stay, the remaining 46,000 from that country.…

Everything old is new again with news that private investment firms are now lending to subprime borrowers again.

In fact, based on a Wall Street Journal report, subprime borrowers—home buyers whose credit scores do not meet the standards of banks—who had been largely shut out of the lending market in the years since the financial crisis, are now finding a much more liberal environment for getting a home loan. Apparently, as part of the deal, private investors are more willing to accept alternative forms of documentation as proof of income, opening up more average Americans to the hard-to-come-by benefits—and heavy financial burdens—of home ownership.…

If you’re like so many Americans experiencing tough economic times, you may feel completely overwhelmed by your current financial situation and unsure as to what options actually exist to alleviate it. Maybe you’ve been unable to modify your mortgage, hit with the costs of an unexpected medical situation, dealing with high interest credit cards or are navigating through the pitfalls of unemployment or underemployment with little understanding of how to pull yourself out of the subsequent a financial hole.

At times like these it’s often important to get “back to the basics,” separating fact from fiction in order to make an informed decision that can get you back on track for a better financial future.…

It’s no secret that a big reason for our country’s lingering financial malaise is the real estate market’s seemingly unending mortgage crisis—forcing many Americans out of house and home while also contributing to a bleak economic environment for home purchases, investment and spending.

But along with the knowledge that the mortgage servicing industry foreclosed on more than one million homes last year and is on track to do better in 2011, comes more bad news for the beleaguered economy: high unemployment is now further dragging down the housing market and subsequent prospects for our country’s economic recovery.

This news comes according to a new report from The Huffington Post.…

While many Americans learned a harsh lesson during the economic recession—turning away from reckless spending in an attempt to increase much-needed savings and avoid high-interest consumer debts—auto lenders still did well during the downturn, as demand for cars remained high and auto loans became one of the very few types of consumer debts that grew even as consumer confidence dwindled.

In this auto-lending boom, more and more subprime lenders are popping up on the scene, willing to take advantage of a credit-ravaged consumer’s need for a new or used car.

Take for example Ally Financial, Inc. As Reuters is reporting, the largest American auto lender is making bank on many an unwary consumer’s automobile buys.…

While many are led to believe that filing for bankruptcy can kill your credit score, it turns out missing a single mortgage payment—a common symptom of recent economic malaise—may be just as deadly to your credit’s near future.

According to a recent article from The New York Times, “Missed mortgage payments, serious loan delinquencies, loan modifications, short sales, foreclosures and bankruptcies all drag down credit scores. Because a mortgage is such a big slice of anyone’s credit profile, it carries more weight than other loans. Both FICO and VantageScore have studied and quantified those impacts. They reached similar conclusions: for people with near-perfect records, a single mortgage payment that’s 30 days late reduces a credit score enough to hurt.…

In 2010, the President Obama reworked his $75 billion foreclosure prevention plan. The second incarnation of the Home Affordable Modification Program (or HAMP) added new incentives to help those hardest hit by the housing crisis, targeting homeowners who were unemployed or underwater in their mortgages (i.e., folks owing more on their loans than their homes were worth).

Unfortunately, shortly after this revamp of a program meant to stymy the real estate reckoning, data revealed that more than twice as many homeowners were kicked out of HAMP as were granted permanent relief. HAMP was further criticized in the beginnings of 2011 following a sharp drop in the amount of loan modifications that were processed through the program at the end of 2010 and the power shift in Washington following November’s elections, ushering in even more Republican scrutiny of the President’s economic policies.…

To commemorate the Federal Trade Commission’s annual National Consumer Protection Week (March 6 – 12, 2011), the FTC is providing a budget-load of handy-dandy information designed to protect your money, your credit, and your overall post-recessionary financial future. So whether you’re rebuilding your economic life post-bankruptcy, or simply trying to speed up your savings, the NCPW blog can yield a wealth of resources exactly at a time when average Americans need a financial infusion, including information about:

• Avoiding foreclosure rescue and other mortgage-related scams;
• Knowing how to spot employment opportunity scams;
• Making the most of your money in the early stages of your career;
• Building and maintaining a budget to improve financial stability;
• Avoiding time-share and credit-card scams offered via text messages; and
• Learning what steps to take to save your home from foreclosure.

…

With its many Armed Forces outposts, bases and camps, North Carolina is among a select group of states that are home to a storied U.S. military tradition as well as large military and veteran populations. As such, citizens of North Carolina and other states are often familiar not only with the duties and honorable service of these military men and women, but are also aware of the many laws passed to give veterans preferred status as a token for their former and continuing sacrifice. Common veteran’s status benefits can include continued health care following discharge for those wounded in active service and, particularly salient in the current economic climate, preference in job hiring pools.…

To commemorate the Federal Trade Commission’s annual National Consumer Protection Week (March 6 – 12, 2011), the FTC is providing a budget-load of handy-dandy information designed to protect your money, your credit, and your overall post-recessionary financial future. So whether you’re rebuilding your economic life post-bankruptcy, or simply trying to speed up your savings, the NCPW blog can yield a wealth of resources exactly at a time when average Americans need a financial infusion, including information about:

• Avoiding foreclosure rescue and other mortgage-related scams;
• Knowing how to spot employment opportunity scams;
• Making the most of your money in the early stages of your career;
• Building and maintaining a budget to improve financial stability;
• Avoiding time-share and credit-card scams offered via text messages; and
• Learning what steps to take to save your home from foreclosure.

…

As countless bankruptcy clients in this country have made clear, seeking the debt dissolution solutions of a personal bankruptcy can help free up finances that help with home mortgage payments—even amid the real estate reckoning of the recent recession—and, as such, aid many households in avoiding the perils of foreclosure.

But now the proof is in the reporting.

In a report released Tuesday, New York Federal Reserve researchers Donald P. Morgan, Benjamin Iverson and Matthew Botsch determined that there is a direct link between the October 2005 change in bankruptcy laws via bankruptcy abuse reforms (or BAR)—a change that made it more difficult for ordinary Americans to eliminate debts in bankruptcy—and approximately 116,000 additional subprime mortgage foreclosures in 2006.…

Amid a 2010 marred by some of the highest foreclosure rates ever recorded, came the news that many of the nation’s largest mortgage lenders had been forced to suspend foreclosure proceedings following charges that these same “mega mortgage-holders” rushed the recordation process by forcing thousands of borrowers from their “home sweet homes” without the appropriate documentation to do so.

Well, welcome to 2011, a year when many experts believe nationwide foreclosures will reach their peak, just as state courts are finding themselves tasked with determining whether many of these actions are the result of banks jumping the proverbial gun on the foreclosure process.…

In 2010, the Obama administration reworked its $75 billion Home Affordable Modification Program (AKA “HAMP”) in an attempt to better help those hardest hit by the housing crisis: homeowners who were unemployed or underwater in their mortgages (i.e., owing more on their loans than their homes are worth). Within these changes, (1) the unemployed could qualify for up to a six month stay on their mortgage payments;  (2) in turn, participating banks would receive financial incentives to reduce mortgage balances for underwater homeowners; and (3) lenders could refinance mortgage loans secured by the Federal Housing Administration.

More information about HAMP can be found at the Making Home Affordable FAQ section.…

Following the worst financial downturn since the Depression of the 1930s, men and women of the middle-class have found themselves profoundly affected by an economic meltdown that’s quickly pushed many into poverty. Widening unemployment paired with shrinking government safety nets means one unexpected and unfortunate incident—a sudden layoff, debilitating injury or illness, a missed mortgage payment—can mean a person’s life is instantly transformed from “happy-go-lucky” to the brink of homelessness or worse.

In fact, according to a new article on the state of the shrinking middle class in America, “As foreclosure and unemployment rates have swelled to epidemic proportions in the past two years, the ranks of the American homeless have grown: the number of homeless families rose 4 percent in 2009, and then 9 percent last year, a pair of new reports show.…