Posts Tagged ‘Behind on Mortgage payments’
Breaking news:
The Obama administration has announced changes to its flagship foreclosure prevention initiative – the Home Affordable Modification Program (HAMP). Among the changes, borrowers who are struggling because of debt beyond their mortgage will be eligible for a secondary evaluation with more flexible debt-to-income criteria, and eligibility will be extended to investor-owned homes that are used as rental properties. The administration is also giving principal reductions a bigger role within the program, tripling incentives for investors that agree to write down an underwater borrower’s principal balance and offering these same incentives to the nation’s two biggest mortgage investors – Fannie Mae and Freddie Mac.
We’ll all have to stay tuned to see how this develops . . .
While foreclosures in Wisconsin are down, the housing crisis still exists in Milwaukee, Kenosha, Waukesha, and other southeastern Wisconsin communities that Miller and Miller serves. Here is a link to an interesting article from MSN Money on why something needs to be done to remedy the housing crisis, along with a unique solution.
If you live in the Milwaukee metro area and are looking for ways to keep your home, contact Miller and Miller today. And remember that we have offices conveniently located in Milwaukee, Kenosha, and Germantown to ensure that everyone in southeastern Wisconsin has an office close by.
1. Don’t run up your credit cards.
2. In fact, don’t even use your credit cards!
3. Don’t take our any pay day loans.
4. Don’t Cash out your 401(k) or any other retirement plan you might have.
5. Don’t pay back any friends or family members to whom you might own money.
6. Don’t transfer your money into someone else’s bank account.
7. Don’t go gambling!
8. Don’t do a balance transfer.
9. Don’t try to transfer any property out of your name.
10. Don’t be afraid to ask your attorney questions!
Thousands of Milwaukee residents file for bankruptcy each year. A good number believe they can’t afford a lawyer but are intimidated by the idea of trying find their way through a legal system they don’t understand.
These citizens have critical questions about the bankruptcy process:
“Can I keep my car?”
“Do my husband and I both need to file?”
“Will my child support arrearage be discharged?”
Many turn to bankruptcy petition preparers for those answers and pay $100 to $250 to get them. But most do not realize that petition preparers are simply typists. They are not trained in the law and do not know the answers to the questions that debtors need to ask.
Some preparers answer the questions anyway, often giving the wrong information.
Some take the debtors’ money but do not complete the papers or do not file the papers or do not file the correct papers.
Milwaukee’s bankruptcy judges have grown weary of being forced to dismiss cases because the debtor paid money he or she did not have to a petition preparer who gave the debtor the wrong information, did not file all of the required documents or filled out the documents incorrectly.
People who consider filing for bankruptcy already are hurting, without losing precious dollars to someone who cannot give them the advice they need.
To make it clear that the law does not allow petition preparers to give legal advice, and that they are not qualified to do so, the Milwaukee judges have established a new policy: Beginning Jan. 1, a petition preparer may charge only $75 for completing bankruptcy papers.
If the preparer is following the law, simply filling out the papers without giving legal advice, $75 is a reasonable price for that service. If a debtor needs more than typing services – and most debtors do – the bankruptcy court has a Help Desk, where from 9 a.m. to 10:30 a.m. every Thursday morning, bankruptcy lawyers will answer questions and help debtors with their paperwork.
And it’s free of charge.
Pamela Pepper is chief judge of the U.S. Bankruptcy Court for the Eastern District of Wisconsin, sitting in Milwaukee.
USA Today recently published an article explaining that Americans’ student loan debt, which totals approximately $850 billion, now exceeds outstanding credit card debt in the U.S., which totals approximately $828 billion.
Perhaps a more interesting element of this story has to do with the monthly repayment numbers borrowers are expected to pay. The USA Today article suggests that $30,000 of student loans, payable at 6.8% interest over ten years would amount to $350 per month. At this level of debt, the average person would need to earn at least $42,000 per year. Unfortunately, as bankruptcy attorneys we commonly see student loan debt in excess of $100,000, with monthly payments over $1,000.
From a bankruptcy perspective, student loan debt is not dischargeable except in cases of “undue hardship.” In the Eastern District of Wisconsin, the court uses a very strict three part test to determine whether student loans may be discharged. As the law stands today, debtors in the Eastern District of Wisconsin have not been successful in arguing for hardship discharge on the grounds that they cannot find a job that pays enough to support their student loan obligations.