The North Carolina Bankruptcy Information Blog

The nation’s income dropped in August 2011, for the first time in nearly two years, according to a government report released last week. The drop was precipitated by a weak labor market and falling consumer confidence.

According to Reuters, “Weak incomes as employment growth ground to a halt and earnings fell hurt spending in August. Income slipped 0.1 percent, the first decline since October 2009, with private wages and salaries dropping $12.2 billion. Economists had expected income to edge up 0.1 percent. Consumer spending growth slowed sharply to a 0.7 percent annual pace in the second quarter after advancing 2.1 percent in the first three months of the year.…

Historically low interest rates haven’t really reaped the kind of benefits they normally would in a post-recessionary period. In reality, economic growth has stagnated, the real estate market remains in the gutter, and consumer confidence has yet to recover to pre-recessionary levels.

But bargain-basement interest is also having unintended effects, including what the Associated Press called “killing savers”—like retirees and others who depend on interest income. In turn, the Federal Reserve’s low-rate policies may actually be hurting the country’s economic prospects, reducing the income of these “savers” by some 27 percent in the last three years, and therefore decreasing the amount they can pump back into U.S.…

Few average Americans are likely celebrating the recent two-year anniversary of the period when economists and other experts say the Great Recession ended. This is especially true given that the subsequent recovery has been called “the weakest and most lopsided of any since the 1930s.”

But what’s the real reason so many are feeling less-than-jovial about the couple of years since the end of the downturn?  For one, the new economy is hardly spreading the wealth.

According to a new report by the Associated Press, “After previous recessions, people in all income groups tended to benefit. This time, ordinary Americans are struggling with job insecurity, too much debt and pay raises that haven’t kept up with prices at the grocery store and gas station.…

Beginning in 2011, more than 10,000 baby boomers are turning 65 every day in a cycle that will continue for the next 19 years. And with these staggering figures, many experts are calling this boomer “coming of age” a troubling pattern amid tough economic times as most mature Americans have not saved effectively for retirement and/or are still retiring too soon to catch up.

In fact, according to a new report by The Wall Street Journal, savings for the s-called “401(k) generation” is falling seriously short. “The median household headed by a person aged 60 to 62 with a 401(k) account has less than one-quarter of what is needed in that account to maintain its standard of living in retirement, according to data compiled by the Federal Reserve and analyzed by the Center for Retirement Research at Boston College for The Wall Street Journal.…

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.…

Just as Baby Boomers shaped the counter culture of the 1960s, this storied generation of robust lifestyles, risk-taking rebellions, and Rock-n-Roll significance is ready to yet again make its mark on America—this time, in their mid 60s. Today, Boomers now represent one-third of the total population of North America, with their highly populated presence standing as a testament to the hard lessons learned from the new economy: poor financial planning converging with uncertain economic circumstances at a vulnerable age in a working life, can have a apocalyptic impact on our nation’s more plentiful citizenry. And being that so many people are having such a tough financial time, this mature fiscal meltdown has a ripple effect on the overall American economy as millions of men and women prepare to retire in 2011 and yet are seemingly unprepared to do so.…

With the blooming beautifully manicured landscapes, fresh-cut lawns and new signs of curb appeal, Spring used to be prime time for home buying. But with all of the hoops that potential homebuyers now have to jump through just to begin the process, tis the season of one in three Americans walking away from the actual home buying experience without an actual mortgage.

According to the financial experts at WalletPop, “Understanding the mortgage process and meeting lenders’ more stringent qualification requirements have become big obstacles for applicants, according to a survey [MortgageMatch.com] conducted. Most recent home buyers – 70% – described the mortgaging process as more difficult than they expected.…

We recently shared a sampling of the Federal Trade Commission’s recent tips for saving your home amid the financial fears of foreclosure. Being proactive, applying for a loan modification, and working directly with your mortgage servicer to for a better financial future in your own home sweet home.

But amid this timely advice for those seeking shelter from those who might otherwise take theirs, it’s worth mentioning news that when banks won’t help a beleaguered borrower modify his or her mortgage, scammers are stepping in to take advantage of these households in need.

According to a new report from Laura Bassett of The Huffington Post, an “elaborate network” of affiliated con artist companies, operating under such names as “Save My Home,” “Save My Home Now,” “Express Modifications” and “Express Home Solutions,” have become very good at making bad promises to average Americans that, in exchange for thousands of dollars, they could, in return, get their paying clients lower monthly mortgage rates 60 to 90 days.…

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.

…

It’s no fun getting older: you suffer aches, pains, and maybe even the slow decline in vision, hearing and memory. But one thing that’s important to remember is that while these infirmities are natural to the process, what can be even more painful is growing poorer as you mature—a reality that’s becoming even more real for a growing portion of older Americans.

According to a recent Harris poll, 25 percent of baby boomers, spanning ages 46 to 65, appear to be headed for poverty in their later years. Why this dearth of money in maturity? The sad fact is that a quarter of this generation has simply no measurable personal savings or retirement at their disposal.  And with no appreciable savings or retirement plan, options are few and far between to stay afloat.…

One of the most widespread effects of the current housing market malaise is the “curse” of negative equity. This now ubiquitous occurrence of the real estate reckoning is a product of an underwater universe wherein a good number of houses all across the country are valued as less than what homeowners originally paid for them. And the effects aren’t just being felt in California, Las Vegas and Arizona, but are also drowning homeowners right here in the Deep South.

In fact, according to a new article by The Miami Herald, there have been dark clouds over the Sunshine State’s real estate markets for some time now as house-loads of average Americans face little light at the end of the otherwise tropical tunnel.  For these Floridians, the crash of the housing market is personal.…

New data shows that 2010 was marked by more personal bankruptcies than any other year since stricter federal bankruptcy laws were enacted in 2005. Roughly 1.53 million consumer bankruptcy petitions were filed in 2010, up 9 percent from 1.41 million in 2009, according to the American Bankruptcy Institute, citing data from the National Bankruptcy Research Center.

What’s more, this five-year high in the number of U.S. consumers seeking bankruptcy protections could rise even higher as other Americans continue to drown in debts accumulated during the economic meltdown.

With so many average Americans seeking the safe havens of a bankruptcy petition, you may be wondering, “should I file?” While the answer always depends on the details of your individual financial situation, there are a few traditional factors in your situation that can (and should) point you to the reasonableness of your decision to file or not to file.…

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.…

Business insiders and industry experts are all aflutter after last week’s US Bancorp v. Ibanez decision in which Massachusetts’ highest court found that Wells Fargo and US Bancorp had no right to seize the homes of two delinquent borrowers since neither financial institution could prove they legally owned the mortgages at the time they foreclosed. This holding could have far-reaching impact on the foreclosure process nationwide—for some, symbolically rejecting the very predatory foreclosure practices that have forced millions of families from their homes during the lingering financial crisis.

And while analysts like Joshua Rosner of NewYork-based research firm Graham Fisher & Co., called the ruling “a landmark” and predicted it would “open the floodgates to more suits in Massachusetts and strengthens cases in other states,” this seemingly borrower-friendly precedent could seriously threaten the broader economy’s ability to dig itself out of the muck of a seemingly unending housing crisis caused by unresolved foreclosures.…

Just as many people head back to work after an extended holiday, and many more continue to look for work in the New Year, new data this week shows that the old year (2010) was marked by more consumer bankruptcies that any other since stricter federal bankruptcy laws were enacted in 2005. What’s more, this five-year high in the number of U.S. consumers seeking bankruptcy protections could rise even higher as other Americans continue to drown in debts accumulated during the economic meltdown.

From an article by Jonathan Stempel of Reuters we know that “Roughly 1.53 million consumer bankruptcy petitions were filed in 2010, up 9 percent from 1.41 million in 2009, according to the American Bankruptcy Institute, citing data from the National Bankruptcy Research Center.…

Despite an apparent uptick in consumer confidence this during the latter part of 2010, no one is buying the idea that the housing market—a major cause for this decade’s economic meltdown—is getting better anytime soon. In fact, according to U.S. Bank regulators, the country’s home foreclosures actually spiked in the third quarter as banks and other mortgage lenders became less inclined to help Americans stay in their homes as the housing market continues to struggle. While these same regulators blame the increases in foreclosures on the fact lenders have run out of modification options for keeping beleaguered (but delinquent) borrowers in their home sweet homes, the number of actual loan modifications, especially those processed through the Home Affordable Modification Program (or HAMP), the Obama administration’s leading foreclosure prevention effort, don’t pan out.…

Just as Baby Boomers shaped the culture of the 1960s, this generation of active lifestyles, risk-taking rebellions, and musical significance is set to yet again make a mark on America—this time, in their 60s.  With Boomers now representing one-third of the population of North America, their presence and age alone stands as one of the three “Bs” of the new economy (including “bad timing” and “bad planning”), with the combination having a severe financial impact not only on the needs of our nation’s more mature citizenry but also our overall economy as these millions of men and women prepare to retire in 2011.…

As has been well reported, mortgage modifications in the current housing market remain hard to come by. But what is less well known is that even for many lucky enough to modify their current house payments, the financial future is far from safely sheltered.  According to a recent report, more than 50 percent of homeowners who received mortgage modifications were at least two mortgage payments behind within a single year’s time, yet again making them vulnerable to perils of foreclosure.  The report also showed that approximately one-third of homeowners who received mortgage modifications that reduced their monthly payments by 20 percent or more had fallen behind again within a year compared to 60 percent for borrowers whose loan payments were left unchanged or increased.…

This week you may have seen many ghouls and goblins trolling around your neighborhoods, asking for tricks or treats. But, the scariest thing currently happening in your community is an array of potentially unlawful home repossessions from mortgage companies expediting the foreclosure process or refusing mortgage modifications in bad faith. In turn, a whole host of homeowner lawsuits have erupted on the scene, with the vast majority of them revolving around the idea that mortgage companies are deliberately misleading and manipulating homeowners just like you for their own financial benefit.

How can you know if your bank or mortgage lender is acting scary?…