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.…

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.…

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 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.…

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.…

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.…

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.

…

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.

…

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.…

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.…

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.…

A number of months ago, it came to light that a number of banks, in conjunction with a few large law firms and foreclosure processing companies, were creating foreclosure assembly lines. As cases came down the line, outsourced “foreclosure specialists” would rubber stamp each one, regardless of its individual circumstances. For example, families who may have just started a modification program or were perhaps late on only one payment were being asked to turn in their keys.

It was also uncovered that a few banks had created incentive programs for the processing organizations (many were actually just individuals working from their homes) and had in place illegal financial relationships with other companies that made money from helping banks rapidly foreclose on homes.…

A program designed to help American homeowners stay afloat during the tsunami of foreclosures is starting to take on water, according to a committee of Washington Republicans assigned to overseeing White House programs.

Announced not long after it became readily apparent that a major national financial crisis was at hand, the Obama Administration’s Home Affordable Modification Program, or HAMP, offered mortgage lenders financial incentive for restructuring customers’ payment plans. Many people enrolled with the hope that it would divert the fast moving flood of sub-prime mortgage failures. It served as only a temporary levy, however, as a large percentage of participants became entangled in nets of poorly organized processes, confusing paperwork and uninformed staff.…

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.…

A number of good things have emerged from the economic situation of the last several years. Recently enacted credit card reform will hopefully change the way we are treated by the industry responsible for so much of our country’s collective personal debt.

Mortgage modification, even with all its warts and scars, should eventually become an industry with real benefits to struggling homeowners. The quick roll out of federal plans and the pressure on banks to quickly create similar programs obviously led to a lot of frustrations. Still, when things iron themselves out, consumers stand to benefit.

Another recent instance of positive regulation has stemmed from the offices of the Federal Trade Commission (FTC).…

In the Triangle, an area known for entering recessions later and exiting them earlier, foreclosures continue to be a problem, as the rate dipped a tad in June but on the whole, remains above where it was last year at this time. For a market like ours, that’s not a good sign.

Foreclosure and bankruptcy are often wound tightly together. In most cases, if a person can’t pay their mortgage, a number of other bills are remaining unpaid as well. A lot of times it comes down to hard economic decisions. If it came down to a medical bill for a child or a mortgage payment, it’s a safe assumption that the mortgage is going to be late this month.…

People are often deterred from filing bankruptcy by a nagging sense of pride that tells them that asking for financial help is somehow admitting defeat. Well, in this type of economy, it couldn’t be further from the truth. And if you need more evidence of that, consider the state of the federal bailout effort, which, while lacking in headlines, continues to be more aggressive today then when it was initially introduced.

It is true that the big bailout, the one for Wall Street, is in view of the finish line. Yet, federal support (tax money) is still being distributed to countless organizations, according to the highest official on the subject, Neil Barofsky.…

News just moved from bad to worse for many homeowners seeking shelter under the Obama Administration’s Home Affordability Modification Program (otherwise known as HAMP).

Recent government figures show that the average beneficiary of the administration’s flagship homeowner-assistance program owes their mortgage lender more than $1.50 for every dollar their home is currently worth. As a result, many more homeowners than expected are underwater (owing more than their homes are valued), facing foreclosure and will likely be forced to walk away from their mortgages in the near future.

As The Huffington Post reports,  “A recent study by Federal Reserve economists shows that underwater homeowners are, not surprisingly, much more likely to default on their mortgages.…