From the category archives:

Bankruptcy

Mortgage bankers waste no time in fighting cram down flap

by Moe Bedard

Barney says he “might” bring back “talks” about bankruptcy if mortgage servicers do not behave and help more homeowners. The bankers have chimed in and said that bankruptcy will hurt the already dying mortgage business and further tighten bank lending.

Here’s the bankers:
In response to discussion today in the House Financial Services Committee raising the possibility [...]

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Treasury Says Cramdown Is Still Off the Table, Even Though Loan Modifications Aren’t Working

by Moe Bedard

As Mike pointed out today, the slow pace of loan modification progress has prompted some lawmakers to once again call for mortgage cramdown legislation that would allow bankruptcy judges to modify loans and keep borrowers in their homes.

But the Obama administration is signaling clearly that while it may be open to some new tactics, cramdown [...]

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Wealthy Families Face Bankruptcy on Real Estate Crash

by Moe Bedard

More individuals or families with at least $1,010,650 in secured debt and $336,900 unsecured are using Chapter 11 of the U.S. bankruptcy code typically associated with business reorganizations. Falling U.S. home prices leave them unable to refinance or sell properties when they drop below the value of the mortgage, said Joseph Baldi, a Chicago bankruptcy [...]

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Top Dems Renew Call for Cramdown: YAWN

by Moe Bedard

More mortgage bankruptcy puffery in Washington for your intertainment. Is this all just for show Main Street? Are these politicians really fighting for you to keep your home or are they out to just fool you long enough until the 2010 elections?
 “Waiting for banks to ‘volunteer’ to end this foreclosure crisis is a waste of time,” Durbin said in [...]

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Barney Frank threatens mortgage bankruptcy, yet again

by Moe Bedard

Barney Frank is threatening yet again to bring the bankruptcy cram down bill to life again. The same Senate opposition is speaking up against it. Rep. Spencer Bachus of Alabama, “Bankruptcy cram down would seriously prolong our housing recovery by decreasing mortgage credit,” he said in opening remarks at the hearing. 
I am sorry Mr. Frank, but [...]

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Judge To Question Bank On Loan Modifications

by Moe Bedard

PHOENIX — A federal bankruptcy judge has ordered a top Wells Fargo executive to testify in court about the bank’s loan modification policies.
The order came in response to a Phoenix woman’s complaint that Wells Fargo had ignored her modification request.
“I sent them everything they asked for and then when I called to follow up they [...]

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Durbin Gives Bailed Out Banks ‘Cramdown’ Ultimatum

by Moe Bedard

“The voluntary efforts by some banks to slow the foreclosure crisis and stabilize America’s housing market have not worked,” Durbin said during a housing forum at the Center for American Progress Action Fund. “Whether the bankers and mortgage servicers are failing because of intransigence or incompetence doesn’t matter … They have to do much better.”
Read [...]

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Barney Frank – Can he save homeowners?

by Moe Bedard

Looks like Barney Frank may come to rescue homeowners. Mr. Frank is in the media again threatening lenders with bankruptcy reform because he wants more loan modifications and they are just not happening.
Is this just more hot air from Washington and how long can we pose empty threats at an industry that just does not seem [...]

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Cram Down or Sham Town?

by Moe Bedard

OK, this Washington bankruptcy cram down BS is getting soooooo old. I have heard the same BK lip service for the last two years and it looks like I better get my homeowner boots on because here it goes again folks.
Yet another attempt in Washington to revisit the bankruptcy cram down has begun. Yawn…. I think [...]

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Band of House Dems Revisits Cramdown

by Moe Bedard

The Obama administration has all but abandoned it, and the Senate has already voted it down. But a proposal to allow struggling homeowners to escape foreclosure through bankruptcy got a boost Thursday from a small band of House Democrats convinced that voluntary mortgage modifications aren’t alone solving the housing crisis.
They have a point. Despite White [...]

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Will filing bankruptcy stop foreclosure?

by Moe Bedard

Unfortunately, many homeowners simply don’t know what to do when they are in foreclosure. I get many emails asking me, “Will filing bankruptcy stop foreclosure?”
Well, yes and no!
Many homeowners will file for Chapter 13 specifically to stop their sale date. Only to find out later, that their mortgage is not included and now they may [...]

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Remove Your Second Mortgage in Bankruptcy

by Moe Bedard

Current bankruptcy law allows judges to approve the loan modifications of the terms of certain debts. But is it possible to remove your second mortgage in bankruptcy?
As most of us know, your first mortgage is not allowed to be claimed. But not everyone knows that in the case of second mortgages, if the value of [...]

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A Political Slight of Hand

by Moe Bedard

By Moe Bedard
While the cramdown bill dies, providing evidence of our representative’s willingness to sell us out, some may say that our representatives have already passed legislation to help Main Street like the foreclosure bill and the Hope for Homeowners plan. Whereas it may seem like these two programs are designed to help us, upon [...]

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Second Mortgages: What will be done about them?

by Moe Bedard

While President Obama, Tim Geithner and Ben Bernanke continue to advance plans to improve the economy offering answers about how homeowners, lenders and even judges can modify loans, one important piece of the puzzle is often left out: second mortgages.
Current legislation aimed at incentivizing lenders to modify first mortgages may not be enough to solve [...]

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Mortgage Bankruptcy Bill Passed by Congress

by Moe Bedard

After almost two years, it now looks like bankruptcy judges will soon be allowed to offer loan modifications through bankruptcy court as a last resort for a homeowner to stop foreclosure.
The process of claiming bankruptcy on your mortgage has been dubbed “cramdown.”
Under current BK laws, bankruptcy courts may reduce many forms of debt for struggling [...]

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Congress Still Concerned About Mortgage Servicers & Loan Modifications

by Moe Bedard

This Thursday the House of Representatives is expected to vote on a bill that would provide much needed help to  struggling homeowners. The bankruptcy bill that we have been talking about for well over a year on LoanWorkout.org, HR 200, would allow bankruptcy courts to modify mortgages and slash principles for underwater homeowners.
See Moe’s past bankruptcy blog posts [...]

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Legislature May Pass Bill Modifying Bankruptcy Providing Judges Wide Reaching

by Moe Bedard

Following the trends of bankruptcy law over the last year the subject of “cramdowns” has made some lenders tremble and others, like me, anxious to see what our legislature will do to empower homeowners nationwide. If this new legislation makes it in to the senate and passes, I’m hoping President Obama will sign the new [...]

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Loan Modification Can Stop the Foreclosure Crisis

by Moe Bedard

If we can spend $700 billion to bail out the brokers on Wall Street, the very least we can do is allow working Americans who are willing to repay their debts as best they can, under court supervision, the dignity of staying in their homes. With one in 10 homeowners behind on their mortgages, and 10 million foreclosures expected over the next several years, the time for meaningful action is now.

Mr. Conyers, a Democrat from Michigan, is the chairman of the House Judiciary Committee.

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Mortgage Bankruptcy: Can Bankruptcy Save Your Home?

by Moe Bedard

I have been writing about mortgage bankruptcy for quite sometime and the how it would benefit struggling homeowners. So, I thought I would condense some of bankruptcy basics for you to study and get educated on the subject.

Please remember that Citi is the only lender that has agreed to cooperate with the new bankruptcy deal and it is with conditions. The bankruptcy bill has not been passed and conditions must be met to qulaify.

In a statement, Citigroup said it would support Durbin’s legislation provided that it applied only to mortgages in effect before passage of the act. To be eligible, borrowers would have to contact their lenders and try to work things out before filing for bankruptcy.

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Congress Forges Mortgage Bankruptcy Deal With Citi

by Moe Bedard

U.S. Senator Dick Durbin (D-IL), with Congressman John Conyers (D-MI), Senator Chris Dodd (D-CT), Chuck Schumer (D-NY) and Congressman Brad Miller (D-NC) announced that an agreement was reached with Citigroup today, on legislation that will allow homeowners at risk of foreclosure to alter the terms of their mortgages in bankruptcy.

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