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Robert Manchel

Fraudulently Processing Paperwork at the Center of Home Foreclosure Probes in Florida

November 5, 2010 by Robert Manchel

Defendants of a foreclosure action has become an unfortunate reality for thousands of Americans across the country. Under expected conditions, the New Jersey foreclosure process is challenging to deal with. However, at the heels of investigations into the unethical business practices of lenders, many people facing foreclosure may be asking themselves what they did to deserve such a corrupt and expedited customer service practices.
According to The Miami Herald, a Palm Beach County judge has put a stop to a state subpoena asking permission to further investigate a law firm in Boca Raton that has been accused of unethical foreclosure practices. Reportedly, the law firm has been accused of filing fraudulent documentation during speedy foreclosures, which unfairly forces families and individuals out of their homes sooner than they should have been. The article explains that the judge rejected the subpoena due to the lack of evidence supporting the allegations presented for pursuing the subpoena. It is likely that additional evidence will undoubtedly be sought to bring to light the true reality of the situation. Unfortunately, many lenders and law firms have been accused of unscrupulous behavior, particularly the firms that handle high volumes of foreclosure cases. The problems are associated with the lenders and law firms’ representatives’ failure to properly review and confirm the accuracy of the information presented in each case. Also, there are allegations that the lenders are signing certain documents without reviewing any information, whatsoever. In short, people all across the country have lost their homes because foreclosure representatives have failed to do their jobs properly.
Going through the foreclosure process can be one of the most stressful situations that any person must confront. Fortunately, there are attorneys who are prepared to help homeowners protect their homes and discuss all options in this regard. At the Law Offices of Robert Manchel, our experienced New Jersey foreclosure resolution attorneys assist individuals with legal matters pertaining to the foreclosure process and filing for Chapter 7 and Chapter 13 bankruptcy. For more information about how to save your house from foreclosure in Bankruptcy, please contact a skilled New Jersey foreclosure attorney today at 866-503-5655.

Filed Under: Mortgage Foreclosure Resolution

Elderly Americans are More Likely to File for Bankruptcy Than You May Think

November 4, 2010 by Robert Manchel

Bankruptcy does not discriminate. Regardless of which walk of life a person may come from, anyone can find themselves having to file for bankruptcy protection. According to a credit.com article, the number of individuals filing for bankruptcy protection continue to rise, and the demographics associated with those filings continue to change. That is, while the previous median age of those filing for bankruptcy in 1991 was 36.5 years old, the most recent data, collected from 2007, shows the median age to have risen to 43 years of age. Furthermore, reports are also showing the elderly Americans, who once made up a mere 2.1% of bankruptcy filings (1991) across the country, currently make up 7%, according to 2007 figures.
Elderly Americans, who generally have less disposable income due to their limited earning power, cite credit card debt, as the primary reason why they are forced to file for bankruptcy. Unfortunately, data shows that many elderly Americans use credit card debt to pay for everyday purchases, particularly since social security checks, personal savings, and pensions are insufficient to fully support themselves. Also the elderly must foot the costs of medical bills and medication costs. Analysts project that the overall number of bankruptcy filings will continue to rise through the end of 2010, and that the rate of filings by elderly Americans will increase as well. While the economy continues to slowly recover from its economic downturn, 1.3 million Americans are expected to file for bankruptcy.
The bankruptcy process can be quite complicated, and it is always advisable to seek the assistance of an experienced bankruptcy attorney if you are thinking of filing. At the Law Offices of Robert Manchel, our skilled New Jersey bankruptcy lawyers will examine the circumstances of your situation and help you determine what the best course of action should be in regard to your finances. For more information about filing for bankruptcy in New Jersey, please contact our offices today at 1-866-503-5655.

Filed Under: Bankruptcy

No Two Debts are Alike: Secured v. Priority Debt in New Jersey Bankruptcy

November 2, 2010 by Robert Manchel

Often times when filing for bankruptcy, New Jersey residents do not realize that there are different types of debt, and that the bankruptcy court treats them as such. Two different types of debt recognized by the New Jersey bankruptcy court includes secured debt and priority debt. Secured debt in New Jersey often takes the form of a house mortgage or an automobile financing loan, while priority debt refers to those financial obligations that cannot be eliminated by bankruptcy, namely child support payments, spousal support, and some types of taxes.
Secured debt is a lien against property, such as a car or a house. In taking out financing against such property, the debtor is granting the lender an interest in their personal or real property, with that interest eventually expiring once the loan is satisfied. In a chapter 7 bankruptcy, secured debt is discharged only in the sense that the creditor cannot sue a debtor for the amount owed. Typically, however, the creditor can still foreclose on or repossess the debtor’s property in order to satisfy the debt, if the debtor is in default of the loan agreement. In chapter 13 bankruptcy proceedings, a debtor can save their property if their payments are in default to a secured creditor, by paying the total secured debt arrears to the creditor through a monthly trustee payment, while making the future regular monthly payments, directly to the creditor.
On the opposite side of the spectrum, priority debt is, for the most part, entirely unaffected by a chapter 7 filing. This means that the debt continues to be due to the creditor and the creditor may pursue the debtor for the debt, after the bankruptcy case is completed. In a chapter 13 plan, the debtor must pay the priority debt to the creditor through a monthly trustee payment. After the completion of the chapter 13, the priority debt should be satisfied and paid in full.
The experienced bankruptcy attorneys at the Law Offices of Robert Manchel have assisted many individuals, throughout the state of New Jersey, with their bankruptcy filings. We understand that bankruptcy proceedings can be complicated. For more information about bankruptcy, regardless of your situation, please call our skilled NJ bankruptcy lawyers today at 1-866-503-5655.

Filed Under: General Bankruptcy Information

Foreclosure Documentation at the Center of Lender Unfair Business Practice Investigation

October 7, 2010 by Robert Manchel

After luring potential and current homeowners in with the promise of low payments, many mortgage companies have now jumped quickly at the chance to foreclose on homes in which payments have faltered. According to a Reuters.com article, Connecticut’s attorney general has recently asked state courts to freeze home foreclosure proceedings for 60 days while the business practices of mortgage companies, namely JPMorgan Chase & Co, are investigated. This is on the heels of borrower complaints that they were misdirected by their lenders.
According to the article, deceptive lenders first acquired business from unsuspecting homeowners by offering adjustable mortgage rates, which began with low payments but soon escalated to larger payments. Now, investigations are being conducted into how foreclosure proceedings are being handled. This is primarily because foreclosure documentation is being submitted incorrectly by mortgage companies, possibly because they either don’t fully understand the provisions of the documentation or are simply attempting to unfairly expedite the foreclosure process. Either way, it appears as though some individuals are having foreclosure thrust upon them without a completely valid reason.
Economic uncertainty has led to foreclosures and bankruptcies all across the country. For residents in New Jersey, the risk of losing their homes is at an all time high, particularly if an unethical mortgage company is involved. For more information about foreclosure in New Jersey, please contact the experienced New Jersey foreclosure resolution attorneys at the Law Offices of Robert Manchel. Our foreclosure attorneys will help you make the best possible decisions in regard to your financial future. Call us today at 866-503-5655.

Filed Under: Mortgage Foreclosure Resolution

NACA Looking to Assist Foreclosure Victims Across the Country

October 5, 2010 by Robert Manchel

The fear of foreclosure continues to affect the peace of mind of individuals all across the country. While the unethical business practices of mortgage companies and lending institutions are examined by government agencies, there are groups that are seeking to assist individuals avoid foreclosure and save their homes. According to a Los Angeles Times article, one such group, the Neighborhood Assistance Corporation of America (NACA), held a refinancing event at the Los Angeles Convention Center that began September 30.
Reportedly, the five-day event was aimed at individuals who are at risk of losing their homes to foreclosure. The NACA, a national mortgage company, offered assistance to individuals by restructuring their current mortgages in order to make monthly payments more manageable. This was the second year of the company’s “Save The Dream Tour”, which travels the country in hopes of helping individuals save their homes. Typically, the NACA is able to lower interest rates to 2 or 3 percent. In 2009, the NACA saw an average of 30,000 people at each of its 12 events across the country.
While lower interests rates will certainly prevent many people from losing their homes, there are still some circumstances under which decreased monthly payments may not be enough. Filing for bankruptcy is a viable option for many individuals who have accumulated debt and simply cannot afford to pay their debt on their own. Whether one chooses to file for Chapter 7 bankruptcy protection or Chapter 13, filing for New Jersey bankruptcy can be a complicated process that requires the assistance of an experienced bankruptcy attorney.
The skilled New Jersey bankruptcy attorneys at the Law Offices of Robert Manchel assist individuals in New Jersey who are thinking of filing for bankruptcy, including those who are at risk of losing their homes. In some cases, bankruptcy may help an individual save his or her home. For more information about what bankruptcy can do for you, please call an experienced New Jersey bankruptcy lawyer today at 866-503-5655.

Filed Under: Mortgage Foreclosure Resolution

Homeowners Being Sold Short Via Deceptive Short Sales

September 30, 2010 by Robert Manchel

All across the country, reports of foreclosure rates on the rise are finding their way into local television reports, periodicals, and newspapers. Lately, homeowners who are in danger of banks and lending institutes foreclosing on their property, are being afforded the opportunity to short sell their homes for less than what they owe on their mortgages. According to a NY Times article, current government funded incentives have nearly quadrupled the number of short sales made across the country, in comparison to figures from 2008.
Reportedly however, fraudulent activity regarding short sale practice is becoming more prevalent. In some cases, lenders sell homes to “straw buyers,” or those individuals who are actually affiliated with the lender, for less money. Thereafter, the lender turns around and sells the home for a higher, more market-friendly price. This is done unbeknownst to the original homeowner who authorized the short sale, in the first place.
In other cases, homeowners may purposefully default on their home loans and short sell their house to a friend, who would pay less than the amount due on the loan. Thereafter, the homeowner would continue to live in the house and pay the monthly mortgage payment, which is less than the previous monthly payment. At that point, the homeowner’s friend, who purchased the home, may transfer ownership to the original homeowner via the quitclaim deed process. Nationwide, the state of New Jersey ranks eighth in terms of the number of fraudulent short sales, with 3.3.% of all those sales being deemed suspicious. Furthermore, the article warns against real estate agents who claim to be foreclosure specialists.
If you are thinking of short selling your home, or selling real estate in New Jersey, your best defense against fraudulent activity involves retaining the services of an experienced bankruptcy protection lawyer. At the Law Offices of Robert Manchel, our skilled New Jersey foreclosure resolution attorneys will see to it that you are not taken advantage of during an already difficult time. For more information about your rights and options, please call 866-503-5655 today.

Filed Under: Mortgage Foreclosure Resolution

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      Manchel
      New Jersey
      Bankruptcy Law

      This web site is designed to provide general information regarding the bankruptcy laws. The bankruptcy laws are complex and may be applied differently, in each case, depending on the particular facts. There may be numerous exceptions and variations for each law and rule. Do not rely on the information provided in this web site. If you are considering filing for bankruptcy protection, you should consult with an experienced NJ bankruptcy lawyer. We are a debt relief agency. We Help people file for bankruptcy relief under the bankruptcy code.

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