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The foreclosure crisis has had a huge effect on individual homebuyers, financial institutions, the economy — and bankruptcy courts. In response, some courts have initiated programs to give debtors and lenders an opportunity to work through their differences — these programs serve the needs of both groups but don’t necessarily lead to foreclosure on the debtor’s home. This broadcast looks at these programs, how they work, and what affect they have had on debtors, creditors, and the bankruptcy courts that use them. Judges Arthur Votolato (Bankr. DRI) and Robert Drain (Bankr. SDNY) talk about the programs in their courts with Judge Elizabeth Stong (Bankr. EDNY), who will moderate the discussion. Bankruptcy practitioner Patricia Antonelli (Partridge Snow & Hahn, LLP) talks about working within the programs from the attorney’s perspective. John Rao (National Consumer Law Center) and Victor Milione (Nixon Peabody, LLP) discuss the programs from the debtors’ and creditors’ perspectives. Debra Miller, Chapter 13 US Trustee (ND Ind.), talks about the role and the view of the Trustee’s office. (April 2011)
realestatemarketingthisweek.com – Arizona is not a recourse state, so chances are you will not owe 1099 C Income – Part 6 – In Arizona, typically its not a recourse state, so if they are telling you that theyre going to garnish your wages because you didnt pay back your entire mortgage, there is a local bank ,that was threatening a very good colleague of ours about a small second mortgage that person had taken out. Threatening to send it to collections and garnish her wages. It simply isn’t going to happen. But nevertheless, there is still the tax implications that apply, if you need to navigate through this maze. There is a lot to it, you need to protect yourself. You talked about bankruptcy is one of those exclusions, right? One of the problems with bankruptcy is people dont understand the bankruptcy laws. They are so tight now and your feet are really held to the fire from the federal government right now. It’s not like you just didn’t make your mortgage payment, so you go file bankruptcy, it’s just not realistic. Assuming bankruptcy is the last resort option for everybody. And we certainly want to avoid that, it would not be sound financial advice from any credible source that I can think of. Let’s walk through a case scenario, somebody who is listening to this broadcast, their head is spinning right now, they’re thinking, oh my gosh. I should have known about the tax implications, a short sale versus loan modification. Let’s start at the top and work through a quick …
I have private mortgage insurance on my loan, will this pay the balance off if foreclosure goes through? What will I be penalized with? How will my credit be affected? Would bankruptcy be a better alternative, and is there any way possible to file Chapter 7 instead of 13, even with a steady source of income?
realestatemarketingthisweek.com – Why you should use a licensed attorney to negotiate your loan modification – Part 1 – Dan Havey thanks for taking the time to be with us tonight. Thank you Michael for having me and you are absolutely right 2008 for many people was a very tough year. Tough year for pretty much everybody that I know, how many banks have we lost in 2008? Hopefully the bleeding is gone; hopefully there arent too many more banks to fail. Quite a few banks have picked up some of the slack, but the reality of it is so many people have been faced with such hardships, we have solutions that we are maybe going to talk about today that they can look forward to, to make 2009 a great year. Definitely that is what we are doing here with your organization at Velocity Financial and with the Modification Hotline and with many of the other things I am working on right now to help people out. When I first got into this business it was back in the late 80s, I moved here from Wisconsin after getting a degree in finance and I started selling repos for Fannie Mae, Countrywide, and the RTC. The Resolution Trust Corporation was responsible for getting rid of all the real estate owned by the over 1800 S&Ls that failed. So I cut my teeth selling those reposed properties and got to know a lot about the laws and worked with a lot of attorneys and then in the mid 90s I moved into the mortgage business, and I immediately started there working with bankruptcy attorneys for the most …
