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New Jersey Bankruptcy Blog

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

HUD Housing Program Helps New Jersey Residents Purchase Homes, Avoid Foreclosure

September 28, 2010 by Robert Manchel

While the U.S. Department of Housing and Urban Development is doing what it can to offer assistance to those in danger of losing their homes to foreclosure in New Jersey, there are still far too many people losing their houses each day because they are unable to make their mortgage payments. According to an nj.com news article, HUD’s neighborhood stabilization program is now allowing some low to moderate income individuals to purchase homes rather than lose them, all in hope that such action will help revitalize the housing market. To date, a total of $122 million in aid has been provided by the federal government to assist individuals with their housing needs.
Currently, the stimulus program is in its third phase, with $2 million being funneled to the community of Newark alone. To date, a total of 47 houses have been purchased throughout Newark using HUD funding. More specifically, these homes were purchased by the nonprofit organization HANDS Inc., which did repair work on the houses prior to selling them at discounted prices to program qualifying families. According to one fortunate resident who has benefitted from the program, “The prices of the homes are low enough where people — working people — could buy them.”
While government assistance is certainly key to helping the economy recover, many individuals may still require even more help in getting their finances back on track. In some cases, the best option available to an individual may be filing for bankruptcy protection under New Jersey law. However, the details surrounding the filing process can be complicated, so it is highly recommended that individuals thinking of filing for bankruptcy in New Jersey consult an experienced bankruptcy attorney as soon as possible. In some cases, individuals facing foreclosure may even be able to remain in and save their house via filing for bankruptcy.
At the Law Offices of Robert Manchel, our New Jersey foreclosure attorneys can assist you with all matters pertaining to your house’s foreclosure. For more information about foreclosure and bankruptcy protection in the New Jersey area, please contact our offices today at 866-503-5655.

Filed Under: Mortgage Foreclosure Resolution

Student Loan Stresses Leading to Higher Default Rates According to Consumer Reports

September 21, 2010 by Robert Manchel

With such a sparse job market, many recent college graduates are finding it difficult to obtain gainful employment, and as a result are defaulting on their student loans. While many lenders offer lower payment programs meant to assist graduates who are less financially stable, the student loan default rate continues to rise. According to Consumer Reports, the most recent data available shows that the national default rate for student loans is currently at 7%.
Especially problematic, seems to be those student loans that are associated with for-profit schools, or those schools which are run by private companies seeking to make a profit from a student’s education. Currently, the trade-off between a degree and a high paying job seems to be more or less hit or miss. That is, in comparison to past college students and their abilities to find higher paying jobs, recent crops of college graduates are finding it extremely difficult to find any employment whatsoever.
Difficulties staying current with loan payments – housing, or otherwise- can seriously inhibit an individual’s ability to lead a productive life. While it may seem as though your New Jersey student loan debt situation is hopeless, there are options available to you that can alleviate the pressures associated with late payments and creditor phone calls. Although student loans cannot be eliminated through bankruptcy, the bankruptcy laws allow people to eliminate most types of debt, which will provide an individual much needed relief.
At the Law Offices of Robert Manchel, our skilled bankruptcy attorneys assist individuals in the state of New Jersey who are looking to file for Chapter 7 or Chapter 13 bankruptcy protection. For more information about your bankruptcy options in New Jersey, please contact our experienced New Jersey Chapter 13 bankruptcy attorneys today. Call 866-503-5655 today to find out more about our zero upfront Chapter 13 filing fees.

Filed Under: Student Loan Debt

Bankruptcy Lawyer Explains Filing for Chapter 13 in New Jersey

September 15, 2010 by Robert Manchel

Many residents assume that filing for bankruptcy and having fair debt collection in New Jersey is a complicated process. For the most part, they’re right. However, an experienced New Jersey bankruptcy attorney will help you understand the filing process, while always keeping your best interests in mind.
According to www.uscourts.gov, the Chapter 13 bankruptcy process is begun by filing a petition with the local bankruptcy court. The petition must include the following:

  • a listing of assets and liabilities
  • a listing of income and expenses
  • a listing of contracts and unexpired leases
  • a statement explaining the individual’s financial affairs

A bankruptcy attorney will acquire this information, in addition to income tax documents, pay stubs, and other relevant documentation, that must be prepared prior to filing the petition with the court. The attorney should reduce their clients’ stress by ensuring the client that the petition is properly prepared. Furthermore, prior to filing the petition the individual must complete a special type of credit counseling for debtors who intend to file for bankruptcy protection.
A chapter 13 bankruptcy petition, includes a plan, which is not required for a chapter 7 bankruptcy case. The plan reflects the amount of the monthly payments, the length of the payments, and the creditors who are entitled to receive the funds.
Within a day or two after the filing, the court schedules two hearings. The first hearing is named the Meeting of Creditors or 341(a) hearing. Although the hearing is named a “Meeting of Creditors” it is unusual for any creditor to appear. Typically, the only individuals appearing at the hearing is the trustee or trustee’s counsel, the debtors, and their attorney. The trustee asks various questions about the debtors’ assets, liabilities, income and expenses. The 341(a) hearing is never held in a courtroom with a judge. Typically, the hearing is held in an office building and not the courthouse.
The second hearing is called a Confirmation Hearing. The debtor does not appear at this hearing. Typically, the trustee, the debtors’ attorney, and the creditors’ attorneys appear at this hearing. This hearing is held in a courtroom. At this hearing, the trustee reviews all information provided by the creditors and debtors. The trustee sets the monthly payment, which is adjusted based on the information provided.
Filing for Chapter 13 bankruptcy in New Jersey can be an intricate process. For more information about filing and your options, please contact the Law Offices of Robert Manchel. As an experienced New Jersey bankruptcy lawyer, Robert Manchel will help you make the best possible decisions based on your circumstances. Call 866-503-5655 today.

Filed Under: Chapter 13 Bankruptcy

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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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