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Category Archives: Mortgage

HOA Fees and Bankruptcy

A bankruptcy will eliminate the personal obligation to pay the HOA for those assessments which came due PRIOR to the Bankruptcy being filed. The lien for the pre-petition dues remains a valid security interest in the property, despite the filing of the bankruptcy. After the filing date, the debtor will be personally liable for any […]

Why your mortgage servicer will not approve your loan modification request

In the past, a traditional mortgage lender would decide whether to foreclose or restructure a defaulted loan based on a cost-benefit analysis of available options. If the lender stands to make more money by modifying a loan than the lender would make on the home through a foreclosure sale, the lender would generally choose to […]

Is it better to do a Loan Modification Before or After Filing Bankruptcy?

When a bankruptcy is filed, the mortgage servicer will transfer the file from the department it is in to the bankruptcy department. The bankruptcy department NEVER picks up where the other department left off. Therefore, if the modification is not final, then the debtors will need to start over from scratch. In the meantime, if […]

May remove 2nd mortgage in Ch. 13 but not Ch. 7

Grano, Jospeh S. and Ann; In Re (Grano v. Wells Fargo Bank) 20 CBN 438 (Bankr. W.D.N.Y. 2010) The holding of Dewsnup v. Timm, 502 U.S. (1992) continues to bind chapter 7 debtors. The Chapter 7 debtors filed an adversary proceeding against Wells Fargo Bank N.A. The debtors alleged that their home was worth $445,000 […]

Foreclosure sale validated after bankruptcy

Stay annulled to validate post-petition foreclosure sale In this case the debtor was ineligible to be a debt under section 109(h)(1) of the bankruptcy code. This did not render her bankruptcy a nullity, however, her failure to act in good faith warranted the annulment of the automatic stat and the validation of the post petition […]

Strip-off Your Second Mortgage

Falling Home Prices and resulting increase in Chapter 13 Lien Stripping U.S. homes values have continued to decline in the last two years. As a result, the equity in homes throughout the U.S. (especially Colorado and surrounding states) has continued to decline. Many experts estimate that by 2011 nearly 50% of all homes will be […]

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