Stop Home Foreclosure » bankruptcy

Stop Foreclosure And Save Your Home Using A Bankruptcy Attorney

foreclosure — Thu, 02 Feb 2012 22:38:49 +0000

As the US economy continues to swirl the toilet bowl, many Americans are facing the fact that they might lose their homes to foreclosure if they don’t do something quickly. The quickest way to stop a creditor in their tracks by taking any legal action against you is to file for bankruptcy. This is something that no one really wants to hear, filing bankruptcy? Growing up most of us have heard the myths and legends about how a bankruptcy filing will destroy your life forever. Well I’m here to tell you that filing bankruptcy no longer carries the stigma of years past. If you have the choice, would you rather file for bankruptcy or lose your home? I think we all know the answer. Because of the stigma that has been brainwashed into our heads since youth, peoples pride is the main thing that gets in the way of an individual making a good financial decision. The creditors would like you to believe that you are a complete failure, dishonest and can’t be trusted because of the bankruptcy filing. They want to do believe this so they can squeeze another dime out of you before you file.

One of the most freeing meetings a person could have is that trip to the bankruptcy attorney and find out that you’re not such a bad person after all and it’s possible to save your home from foreclosure by filing bankruptcy. Depending on an individual’s income will be the deciding factor on whether the bankruptcy attorney will refer to them to Chapter 7 or Chapter 13 bankruptcy. A Chapter 7 bankruptcy will stop foreclosure, but in most cases only temporarily. As soon as the creditor learns of the bankruptcy filing, they usually will go in and file a relief of stay with the bankruptcy court that will allow them to proceed with the foreclosure. This doesn’t mean it’s not possible to use Chapter 7 bankruptcy as a way to keep your home, many individuals are overwhelmed with credit card debt and they are unable to make their mortgage payment along with paying all their other creditors. Many of them will play the balancing act trying to give a little bit too everyone and end up not being able to make their mortgage payments putting them in default and starting the foreclosure process. Filing Chapter 7 bankruptcy will wipe out all unsecured debt and in some cases free up enough money by removing all this credit card debt. In this situation, with the new found wealth, the debtor might have enough time to get caught up on payments and work something out to keep the family home.

If the individual makes too much money, the bankruptcy attorney will most likely send them in the direction of a Chapter 13 bankruptcy. Just like a Chapter 7, a Chapter 13 bankruptcy shares the power of the automatic stay that stops all collection and legal activity including, foreclosure, wage garnishments, lawsuits and judgments. With a Chapter 13, the bankruptcy attorney and the debtor will be required to submit a feasible repayment plan to the bankruptcy court that will last 3 to 5 years. In a Chapter 13 bankruptcy, all debts are paid by priority with secure debts at the top of the list and the unsecured debts getting whatever’s left over. A Chapter 13 bankruptcy will give the power back to the debtor, allowing them to negotiate with the creditor. With the real estate market in the tank, property values continue to decline and getting loan modifications are next to impossible, filing Chapter 13 bankruptcy puts the debtor back in the driver’s seat. Depending on the situation, the bankruptcy attorney might be able to strip off the liens of the second and third by motioning the court to remove the liens if the property value has dropped beneath the amount of the first trust deed, making the second and third in unsecured debt that can be discharged in bankruptcy. Having a bankruptcy attorney on your team to stop foreclosure will also relieve a lot of the stress of the unknown and allow the debtor to get the fresh start that bankruptcy promises.

The author is a professional that formed FilingBankruptcyNow.Com which provides information for debtors considering filing bankruptcy under Chapter 7 and Chapter 13 bankruptcy and helps individuals stop foreclosure and eliminate their debt by putting them in touch with a local bankruptcy attorney.

Article Source:http://EzineArticles.com/?expert

Florida Foreclosure Fraud Protection Law Enacted – Foreclosures / Mortgage Loan Modification

foreclosure — Mon, 12 Oct 2009 15:36:02 +0000

Frederick A Neustein, an attorney with the Law Offices of Charles L Neustein PA and www.StopForelcosureLawyer.com respectfully submits the following:

Florida Foreclosure Fraud Protection Law Enacted.

The Attorney General clarified that this new law will not apply to the Attorney / Client relationship or the way attorneys are paid when they are hired to help distressed homeowners. This law brings much needed protection to those consumers / homeowners who have been taken advantage of by Mortgage Loan Modification Companies – many of which are scams…

Effective October 1st, 2008

501.1377 Violations involving homeowners during the course of residential foreclosure proceedings.

(1) LEGISLATIVE FINDINGS AND INTENT.–The Legislature finds that homeowners who are in default on their mortgages, in foreclosure, or at risk of losing their homes due to nonpayment of taxes may be vulnerable to fraud, deception, and unfair dealings with foreclosure-rescue consultants or equity purchasers. The intent of this section is to provide a homeowner with information necessary to make an informed decision regarding the sale or transfer of his or her home to an equity purchaser. It is the further intent of this section to require that foreclosure-related rescue services agreements be expressed in writing in order to safeguard homeowners against deceit and financial hardship; to ensure, foster, and encourage fair dealing in the sale and purchase of homes in foreclosure or default; to prohibit representations that tend to mislead; to prohibit or restrict unfair contract terms; to provide a cooling-off period for homeowners who enter into contracts for services related to saving their homes from foreclosure or preserving their rights to possession of their homes; to afford homeowners a reasonable and meaningful opportunity to rescind sales to equity purchasers; and to preserve and protect home equity for the homeowners of this state.

(2) DEFINITIONS.–As used in this section, the term:

(a) “Equity purchaser” means any person who acquires a legal, equitable, or beneficial ownership interest in any residential real property as a result of a foreclosure-rescue transaction. The term does not apply to a person who acquires the legal, equitable, or beneficial interest in such property:

1. By a certificate of title from a foreclosure sale conducted under chapter 45;

2. At a sale of property authorized by statute;

3. By order or judgment of any court;

4. From a spouse, parent, grandparent, child, grandchild, or sibling of the person or the person’s spouse; or

5. As a deed in lieu of foreclosure, a workout agreement, a bankruptcy plan, or any other agreement between a foreclosing lender and a homeowner.

(b) “Foreclosure-rescue consultant” means a person who directly or indirectly makes a solicitation, representation, or offer to a homeowner to provide or perform, in return for payment of money or other valuable consideration, foreclosure-related rescue services. The term does not apply to:

1. A person excluded under s. 501.212.

2. A person acting under the express authority or written approval of the United States Department of Housing and Urban Development or other department or agency of the United States or this state to provide foreclosure-related rescue services.

3. A charitable, not-for-profit agency or organization, as determined by the United States Internal Revenue Service under s. 501(c)(3) of the Internal Revenue Code, which offers counseling or advice to an owner of residential real property in foreclosure or loan default if the agency or organization does not contract for foreclosure-related rescue services with a for-profit lender or person facilitating or engaging in foreclosure-rescue transactions.

4. A person who holds or is owed an obligation secured by a lien on any residential real property in foreclosure if the person performs foreclosure-related rescue services in connection with this obligation or lien and the obligation or lien was not the result of or part of a proposed foreclosure reconveyance or foreclosure-rescue transaction.

5. A financial institution as defined in s. 655.005 and any parent or subsidiary of the financial institution or of the parent or subsidiary.

6. A licensed mortgage broker, mortgage lender, or correspondent mortgage lender that provides mortgage counseling or advice regarding residential real property in foreclosure, which counseling or advice is within the scope of services set forth in chapter 494 and is provided without payment of money or other consideration other than a mortgage brokerage fee as defined in s. 494.001.

(c) “Foreclosure-related rescue services” means any good or service related to, or promising assistance in connection with:

1. Stopping, avoiding, or delaying foreclosure proceedings concerning residential real property; or

2. Curing or otherwise addressing a default or failure to timely pay with respect to a residential mortgage loan obligation.

(d) “Foreclosure-rescue transaction” means a transaction:

1. By which residential real property in foreclosure is conveyed to an equity purchaser and the homeowner maintains a legal or equitable interest in the residential real property conveyed, including, without limitation, a lease option interest, an option to acquire the property, an interest as beneficiary or trustee to a land trust, or other interest in the property conveyed; and

2. That is designed or intended by the parties to stop, avoid, or delay foreclosure proceedings against a homeowner’s residential real property.

(e) “Homeowner” means any record title owner of residential real property that is the subject of foreclosure proceedings.

(f) “Residential real property” means real property consisting of one-family to four-family dwelling units, one of which is occupied by the owner as his or her principal place of residence.

(g) “Residential real property in foreclosure” means residential real property against which there is an outstanding notice of the pendency of foreclosure proceedings recorded pursuant to s. 48.23.

(3) PROHIBITED ACTS.–In the course of offering or providing foreclosure-related rescue services, a foreclosure-rescue consultant may not:

(a) Engage in or initiate foreclosure-related rescue services without first executing a written agreement with the homeowner for foreclosure-related rescue services; or

(b) Solicit, charge, receive, or attempt to collect or secure payment, directly or indirectly, for foreclosure-related rescue services before completing or performing all services contained in the agreement for foreclosure-related rescue services.

(4) FORECLOSURE-RELATED RESCUE SERVICES; WRITTEN AGREEMENT.–

(a) The written agreement for foreclosure-related rescue services must be printed in at least 12-point uppercase type and signed by both parties. The agreement must include the name and address of the person providing foreclosure-related rescue services, the exact nature and specific detail of each service to be provided, the total amount and terms of charges to be paid by the homeowner for the services, and the date of the agreement. The date of the agreement may not be earlier than the date the homeowner signed the agreement. The foreclosure-rescue consultant must give the homeowner a copy of the agreement to review not less than 1 business day before the homeowner is to sign the agreement.

(b) The homeowner has the right to cancel the written agreement without any penalty or obligation if the homeowner cancels the agreement within 3 business days after signing the written agreement. The right to cancel may not be waived by the homeowner or limited in any manner by the foreclosure-rescue consultant. If the homeowner cancels the agreement, any payments that have been given to the foreclosure-rescue consultant must be returned to the homeowner within 10 business days after receipt of the notice of cancellation.

(c) An agreement for foreclosure-related rescue services must contain, immediately above the signature line, a statement in at least 12-point uppercase type that substantially complies with the following:

HOMEOWNER’S RIGHT OF CANCELLATION

YOU MAY CANCEL THIS AGREEMENT FOR FORECLOSURE-RELATED RESCUE SERVICES WITHOUT ANY PENALTY OR OBLIGATION WITHIN 3 BUSINESS DAYS FOLLOWING THE DATE THIS AGREEMENT IS SIGNED BY YOU.

THE FORECLOSURE-RESCUE CONSULTANT IS PROHIBITED BY LAW FROM ACCEPTING ANY MONEY, PROPERTY, OR OTHER FORM OF PAYMENT FROM YOU UNTIL ALL PROMISED SERVICES ARE COMPLETE.

IF FOR ANY REASON YOU HAVE PAID THE CONSULTANT BEFORE CANCELLATION, YOUR PAYMENT MUST BE RETURNED TO YOU NO LATER THAN 10 BUSINESS DAYS AFTER THE CONSULTANT RECEIVES YOUR CANCELLATION NOTICE.

TO CANCEL THIS AGREEMENT, A SIGNED AND DATED COPY OF A STATEMENT THAT YOU ARE CANCELING THE AGREEMENT SHOULD BE MAILED (POSTMARKED) OR DELIVERED TO (NAME) AT (ADDRESS) NO LATER THAN MIDNIGHT OF (DATE) .

IMPORTANT: IT IS RECOMMENDED THAT YOU CONTACT YOUR LENDER OR MORTGAGE SERVICER BEFORE SIGNING THIS AGREEMENT.

YOUR LENDER OR MORTGAGE SERVICER MAY BE WILLING TO NEGOTIATE A PAYMENT PLAN OR A RESTRUCTURING WITH YOU FREE OF CHARGE.

(d) The inclusion of the statement does not prohibit the foreclosure-rescue consultant from giving the homeowner more time in which to cancel the agreement than is set forth in the statement, provided all other requirements of this subsection are met.

(e) The foreclosure-rescue consultant must give the homeowner a copy of the signed agreement within 3 hours after the homeowner signs the agreement.

(5) FORECLOSURE-RESCUE TRANSACTIONS; WRITTEN AGREEMENT.–

(a) 1. A foreclosure-rescue transaction must include a written agreement prepared in at least 12-point uppercase type that is completed, signed, and dated by the homeowner and the equity purchaser before executing any instrument from the homeowner to the equity purchaser quitclaiming, assigning, transferring, conveying, or encumbering an interest in the residential real property in foreclosure. The equity purchaser must give the homeowner a copy of the completed agreement within 3 hours after the homeowner signs the agreement. The agreement must contain the entire understanding of the parties and must include:

a. The name, business address, and telephone number of the equity purchaser.

b. The street address and full legal description of the property.

c. Clear and conspicuous disclosure of any financial or legal obligations of the homeowner that will be assumed by the equity purchaser.

d. The total consideration to be paid by the equity purchaser in connection with or incident to the acquisition of the property by the equity purchaser.

e. The terms of payment or other consideration, including, but not limited to, any services that the equity purchaser represents will be performed for the homeowner before or after the sale.

f. The date and time when possession of the property is to be transferred to the equity purchaser.

2. A foreclosure-rescue transaction agreement must contain, above the signature line, a statement in at least 12-point uppercase type that substantially complies with the following:

I UNDERSTAND THAT UNDER THIS AGREEMENT I AM SELLING MY HOME TO THE OTHER UNDERSIGNED PARTY.

3. A foreclosure-rescue transaction agreement must state the specifications of any option or right to repurchase the residential real property in foreclosure, including the specific amounts of any escrow payments or deposit, down payment, purchase price, closing costs, commissions, or other fees or costs.

4. A foreclosure-rescue transaction agreement must comply with all applicable provisions of 15 U.S.C. ss. 1600 et seq. and related regulations.

(b) The homeowner may cancel the foreclosure-rescue transaction agreement without penalty if the homeowner notifies the equity purchaser of such cancellation no later than 5 p.m. on the 3rd business day after signing the written agreement. Any moneys paid by the equity purchaser to the homeowner or by the homeowner to the equity purchaser must be returned at cancellation. The right to cancel does not limit or otherwise affect the homeowner’s right to cancel the transaction under any other law. The right to cancel may not be waived by the homeowner or limited in any way by the equity purchaser. The equity purchaser must give the homeowner, at the time the written agreement is signed, a notice of the homeowner’s right to cancel the foreclosure-rescue transaction as set forth in this subsection. The notice, which must be set forth on a separate cover sheet to the written agreement that contains no other written or pictorial material, must be in at least 12-point uppercase type, double-spaced, and read as follows:

NOTICE TO THE HOMEOWNER/SELLER

PLEASE READ THIS FORM COMPLETELY AND CAREFULLY. IT CONTAINS VALUABLE INFORMATION REGARDING CANCELLATION RIGHTS.

BY THIS CONTRACT, YOU ARE AGREEING TO SELL YOUR HOME. YOU MAY CANCEL THIS TRANSACTION AT ANY TIME BEFORE 5:00 P.M. OF THE THIRD BUSINESS DAY FOLLOWING RECEIPT OF THIS NOTICE.

THIS CANCELLATION RIGHT MAY NOT BE WAIVED IN ANY MANNER BY YOU OR BY THE PURCHASER.

ANY MONEY PAID DIRECTLY TO YOU BY THE PURCHASER MUST BE RETURNED TO THE PURCHASER AT CANCELLATION. ANY MONEY PAID BY YOU TO THE PURCHASER MUST BE RETURNED TO YOU AT CANCELLATION.

TO CANCEL, SIGN THIS FORM AND RETURN IT TO THE PURCHASER BY 5:00 P.M. ON (DATE) AT (ADDRESS) .

IT IS BEST TO MAIL IT BY CERTIFIED MAIL OR OVERNIGHT DELIVERY, RETURN RECEIPT REQUESTED, AND TO KEEP A PHOTOCOPY OF THE SIGNED FORM AND YOUR POST OFFICE RECEIPT.

I (we) hereby cancel this transaction.

Seller’s Signature

Printed Name of Seller

Seller’s Signature

Printed Name of Seller

Date

(c) In any foreclosure-rescue transaction in which the homeowner is provided the right to repurchase the residential real property, the homeowner has a 30-day right to cure any default of the terms of the contract with the equity purchaser, and this right to cure may be exercised on up to three separate occasions. The homeowner’s right to cure must be included in any written agreement required by this subsection.

(d) In any foreclosure-rescue transaction, before or at the time of conveyance, the equity purchaser must fully assume or discharge any lien in foreclosure as well as any prior liens that will not be extinguished by the foreclosure.

(e) If the homeowner has the right to repurchase the residential real property, the equity purchaser must verify and be able to demonstrate that the homeowner has or will have a reasonable ability to make the required payments to exercise the option to repurchase under the written agreement. For purposes of this subsection, there is a rebuttable presumption that the homeowner has a reasonable ability to make the payments required to repurchase the property if the homeowner’s monthly payments for primary housing expenses and regular monthly principal and interest payments on other personal debt do not exceed 60 percent of the homeowner’s monthly gross income.

(f) If the homeowner has the right to repurchase the residential real property, the price the homeowner pays may not be unconscionable, unfair, or commercially unreasonable. A rebuttable presumption, solely between the equity purchaser and the homeowner, arises that the foreclosure-rescue transaction was unconscionable if the homeowner’s repurchase price is greater than 17 percent per annum more than the total amount paid by the equity purchaser to acquire, improve, maintain, and hold the property. Unless the repurchase agreement or a memorandum of the repurchase agreement is recorded in accordance with s. 695.01, the presumption arising under this subsection shall not apply against creditors or subsequent purchasers for a valuable consideration and without notice.

(6) REBUTTABLE PRESUMPTION.– Any foreclosure-rescue transaction involving a lease option or other repurchase agreement creates a rebuttable presumption, solely between the equity purchaser and the homeowner, that the transaction is a loan transaction and the conveyance from the homeowner to the equity purchaser is a mortgage under s. 697.01. Unless the lease option or other repurchase agreement, or a memorandum of the lease option or other repurchase agreement, is recorded in accordance with s. 695.01, the presumption created under this subsection shall not apply against creditors or subsequent purchasers for a valuable consideration and without notice.

(7) VIOLATIONS. – A person who violates any provision of this section commits an unfair and deceptive trade practice as defined in part II of this chapter. Violators are subject to the penalties and remedies provided in part II of this chapter, including a monetary penalty not to exceed $15,000 per violation.

By: Frederick A Neustein

About the Author:

The Law Offices of Charles L Neustein P.A. and www.StopForeclosureLawyer.com is a law firm focusing on the representation of home owners and investors defending their homes and property from bank foreclosure. The goal of our foreclosure attorneys is to cost effectively stop foreclosure in Florida.

How to Defend Foreclosure in Nevada?

foreclosure — Sat, 10 Oct 2009 19:12:01 +0000

DIY Stop Foreclosure Help

Adam Whazzer — Tue, 06 Oct 2009 23:35:18 +0000

by Adam Whazzer

If you, like many folks in the U.S.A, are facing foreclosure on your home, then you are looking for anything you can do to stop it. Firstly, be calm and dont panic. Do not get yourself into a situation like mortgage restructure that you have to pay for up front. A reputable mortgage company, that knows that their service will help you, will do this with no money up front because they know they will get paid when the mortgage goes through.

In stopping foreclosure, the first thing you need to do is always keep the lending company aware of your current situation. Work with the mortgage company and make an agreement with them to pay what you can, even if it is partial payments. This agreement, if followed by you, will keep your loan from going into foreclosure.

Once you get too far behind in payments, your mortgage company will file a notice of default. Your options, at this point, become very limited and your mortgage holder will not be as likely to work with you once this has been filed and foreclosure proceedings are begun.

When you reach the stage of notice of default, your only option may be to pay the back payment along with the interest and foreclosure costs in order to stop the process.

At this point, the fees can begin adding up so quickly that there is no way that a person can catch up. At this point, walking away from the problem all together seems like the easiest thing to do. Here is the sad part of this; there are some options that can be exercised.

The laws on foreclosure differ from state to state, They are not the same either in Judicial Foreclosures or Non-Judicial Foreclosures. As of February 2008, the Foreclosure Act of 2008 allows homeowners to file for bankruptcy and be able to save their home. Of course there are different qualifications for this. Most people will qualify. It will be up to the individual judge as to what extent and what the foreclosure will include, as far as all or a portion of the loan goes. It is crucially important that when you receive the Notice of Default, you notify the bank of your intentions immediately. So do your homework before you receive your notice if it is eminent.

Most folks are not aware of this, but there are many foreclosure assistance companies out there that can help you at this point. The earlier you get one of these companies on board, the better off you will be. So be honest with yourself and seek help before it becomes a necessity. This is the key to stopping a foreclosure. There are mortgage prevention programs and mitigation companies out there that know how to help you, so seek their help.

Not only can these corps help you stop foreclosure, they will speak with the mortgage holder directly, easing your stress over the situation. They can restructure the mortgage or lower your payments for a period of time.

If You can’t afford one of these companies go to the Internet and use your search engine to find self help to stop foreclosure there are a lot if do it yourself kits for various other legal maneuvers if you dont feel comfortable with the options above. Again, be realistic and seek these forms of help before it becomes completely necessary.

About the Author:

Adam Whazzer has been a mortgage guru for years” Adam has offered mortgage help and free foreclosure help to foreclosure victims for nearly 5 years. If you are facing foreclosure, stop by for More Info On this Subject

How To Really Get The Home Affordable Modification Program

Scott Pasinski — Thu, 01 Oct 2009 20:11:12 +0000

by Scott Pasinski

In recent years the economy has nearly sucked the life out of most homeowners and the rate of foreclosures is rising at an incredible rate. Thankfully, there is now a new spark of hope called the Home Affordable Modification Program.

This modification program was implemented in March by President Obama and is meant to help Americans hang on to their primary home. The main concept of this program is to both reduce the homeowners monthly mortgage payment to a level that the lender can agree to but more importantly, a payment that the homeowner can fit into their budget.

This wonderful initiative has proven to be a major break for those homeowners who have come close to losing their house and the government has allowed thousands of dollars to help give both the consumer and the economy a big boost.

What homeowners are qualified?

It is a great time to apply for help in paying off your mortgage. After all, you may be able to dodge any worries of high mortgage payments, foreclosure and you won’t have all of those nasty marks on your credit history. The government has set forth several guidelines that can help you in determining if you are eligible for this initiative.

The main qualification is that you received your current mortgage prior to the beginning of this year.

It is vital that your home be both owner occupied and your primary residence or you will not qualify. To qualify, the property cannot be an investment and the house cannot be left sitting empty under the terms of this plan. The basics are that the house be your current residence. You will have to document proof of residency with some sort of bill with your name and address on it during the application process.

A factor that will come into play is that your income meets the goals outlined within the plan and your remaining mortgage balance must also fall into the guidelines that are set into place. Please consult with a modification specialist prior to qualifying.

During the application process, there will be several factors being evaluated with your income, expenses and assets being one of the biggest aspects. Be patient and take care to include everything you own that has any real value. Failure to disclose anything could lead to future difficulties and keep you from qualifying for this program or government assistance in later years.

If you are involved in a bankruptcy, you may still qualify. These kinds of suits are common during times of financial turmoil and may not exclude you from the program.

The program will be ending the end of December 2012, but all payments will continue for several months after the finish.

One of the most interesting facets of this program is that the government has decided to include a cash incentive for homeowners who apply early and able to make timely monthly mortgage payments.

The Home Affordable Modification Program was put into place to help homeowners and their lenders avoid foreclosure and excessive mortgage payments. It is just one way that the government is trying to help resolve some of the major economic issues we are facing.

About the Author:

Discover if you can qualify before you apply for the Home Affordable Modification Program. Scott Pasinski has an stellar track record and has successfully assisted thousands of homeowners with reducing their mortgage payments with the Home Affordable Modification.

Foreclosure Scams You Want To Avoid

Adam Whazzer — Tue, 29 Sep 2009 19:38:26 +0000

by Adam Whazzer

Foreclosure is one of the worst things that can happen to a homeowner. Knowing there are scammers waiting to prey on your fear and vulnerability makes the situation even more worrisome. Thousands have fallen victim to phony foreclosure counseling, phantom help, bait and switch, rent to buy, and bankruptcy foreclosure scams. Being able to recognize the telltale signs of a foreclosure rescue scam can save you the agony and suffering of becoming yet another victim.

What should you watch out for? Beware of any rescuer that guarantees or promises to save your home. You need to avoid any company that guarantees to stop your foreclosure, tells you not to contact your lender, a attorney or credit and housing counselors, requires an up front fee before providing services, will only accept certified funds or wire transfers as payment, or instructs you to make your mortgage payments to them instead of your mortgage holder.

Bait and switch scam artists outright steal your property by coning you into signing paperwork that transfer the property deed or title to their corp. Equity skimming scams steal the equity in your home while leaving you with your mortgage obligation. In the rent to buy scheme you are told to surrender the title of your home, but you will be able to remain in it as a renter. Although you have the option of buying it back, generally the terms are so outrageous it is impossible to do so. Avoid any company that instructs you to sign over the title or deed to your home.

Staying calm and not reacting under pressure is the best thing you can do. Con artists will often offer to fill out paperwork for you. While you think they are giving a rescue mortgage for you, in reality, they are taking the dollars youve given them, filing a bankruptcy in your name and taking your property. Do not sign anything that you are unsure of or dont understand, and never allow any company to fill out paperwork for you.

Knowing where to turn is your best defense. You should start by contacting your lender and trying to negotiate a payment schedule. Additionally, the FTC offers free information that helps consumers recognize and avoid fraudulent, deceptive and unfair business practices. If you feel you have been the victim or a foreclosure rescue scam you can file a complaint at the FTC website.

About the Author:

Adam Whazzer has been a mortgage guru for years” Adam has offered End Foreclosure and deed in lieu of foreclosure nc hotline to foreclosure victims for nearly 5 years. If you are facing foreclosure, stop by for More Info On this Subject Get a totally unique version of this article from our article submission service

Bankruptcy Repair ? The Only Sure Way To Improve Credit Score

Jack Bronson — Fri, 25 Sep 2009 14:24:26 +0000

by Jack Bronson

Bankruptcy has become something common these days. In has become a day to day happening as the fact is now understood by all. It is just a situation in which the debtor is unable to pay back the loan money to the creditor. Everything has become very simple. All that has to be done is to file bankruptcy in the federal court. Anyone, both creditor and the debtor, can do this. The creditor can demand more money from the debtor if he / she files bankruptcy first.

Once bankruptcy is filed it goes on to your records and your credit score drops down drastically. In order to get your credit score back to normal there should be some kind of bankruptcy repair strategy that has to be applied. Without any initiative from your end for bankruptcy repair, your credit score will be completely ruined.

Once bankruptcy is filed, it creates a negative impression in ones credit records which stays for a minimum of seven years. You will not be able to get that easily another credit card or another loan until your credit reports talk of your bankruptcy. If you make consistent effort towards bankruptcy repair and improve your credit score you will certainly be able to attract credit card and banks.

The common mistake main make is keeping mum after their bankruptcy has been filed. Thinking that any immediate effort towards bankruptcy repair would be effortless, they just wait for seven years. This would actually worsen the situation as your credit score would have already been affected. The best way would be to pay immediate attention and improve your credit reports so that you are not neglected by bankers.

You do not have to do it all by yourself; there are experienced bankruptcy repair consultants who can assist you in the process of getting your credit score back to its feet. One of the first things you should do is to get a copy of the credit report and analyze it closely to have a better understanding of where you went wrong the last time and to see whether you have any specific spending pattern which needs to be avoided.

Sometimes, your credit report can have mistakes which has cost you dearly. In such scenarios you should attend to it immediately which will take you one step closer to bankruptcy repair. You must do everything within your limit to address any discrepancy in your credit report so that your credit score will not suffer unnecessarily.

As you can guess, now you will not be able to get a new unsecured credit card with your credit score, but you can apply for secured credit card that will give you a good head start for your bankruptcy repair. This way, you will be able to start building fresh credit report that will be favorable to you. However, you must remember that this going to be a very slow process.

Every little effort you make towards bankruptcy repair will reflect in your credit report. As you build your credit score gradually, try to show your creditors that you can be trusted again. This can be done by repaying your bills promptly and regularly. Do not indulge in anything that would put you back to the bankruptcy mode.

Try and apply for unsecured credit cards and also for a car loan; you may not have your loans or credit card application approved the first time. This should not discourage you. This is just a test to see how your bankruptcy repair strategies are working and what your credit score is telling others about you. Try and apply for a car loan again after sometime and when you get your loan approved then you know that your credit score has some positive notes on your behalf. However go for additional loans only if you see that you have the necessary means to make your monthly repayments. A smart bankruptcy repair strategy will get your credit score back on the right track.

About the Author:

To find the best resources on getting back on your feet after bankruptcy take a look at these free tips on bankruptcy repair. You’ll also find a wealth of great information that will assist you fix bad credit. This and other unique content ‘bankruptcy’ articles are available with free reprint rights.

Five Ways to Choose Debt Elimination and Become Debt Free

John Major — Thu, 24 Sep 2009 11:49:45 +0000

by John Major

Deep in the wallet there is going to be debt. The idea of debt is installed in children from the earliest of ages. They see television commercials promising that new car for a cheap monthly payment making the need for debt elimination real from the early years. They grow up in a home that requires a mortgage to purchase. Nearly everything around is charged on a card to a bank in order to live the lifestyle we see as comfortable. The growth of debt leads to the ever growing necessity of debt elimination and a debt free life.

The difference in owing and owning is debt. Eliminating debt and becoming debt free is at the heart of the world today thanks to the huge influx of credit programs. When a person chooses debt elimination and decides to live a debt free lifestyle, they will often experience less overall life stress, a happier persona and be able to save more money than they ever thought possible. Five tips to debt elimination and becoming debt free include:

Cash Only ? Cash is the currency that seems to be moving to the wayside for the use of cards, loans and credit. At the heart of a debt free lifestyle is debt elimination be not creating new debt. This means keeping your life in a debt free place by not creating any debt by purchasing something you can not pay for 100% at the time of purchase. Debt free life and debt elimination is about buying what you can afford right now, not what you can afford monthly.

Cancel Those Cards ? Debt elimination can not start until those credit cards are out of sight, out of mind and out of the wallet. A debt free lifestyle and debt elimination means never charging anything again. Yes, you heard that right, NEVER! A credit card is the worst choice for someone who wants to live life debt free and eliminate all debt. Charging fresh amounts of money will just revert you back to being full of debt and stop debt elimination.

Minimum is Not Good ? In order to pay off the credit card debt you owe and become debt free, you need to eliminate debt from your bills. The debt created on credit cards is a revolving debt. Free to take up most of your budget for the next 30 years if you choose to pay the minimum payments. Paying off those cards will require higher payments on a more frequent schedule. Debt free and debt elimination is not an easy choice, but it will feel good.

Don’t Think Monthly ? Too many people think about life in monthly payments. Debt free means leaving those monthly payments behind, so think total cost and stay on the debt elimination path.

Do Not File Bankruptcy ? Businesses who are going under file bankruptcy, not the person who wants to be debt free. Eliminating debt for good requires learning how to live day to day in a cash only world. This can not happen if the debt free nature of out lives is given to us.

There was a time in life when debt free was the only way to live. Since then, the world has been taken over by the interest rate. Just as we learned to live outside of our means, we can learn to eliminate debt ad live debt free. A debt free lifestyle and debt elimination is there for the taking, we just have to want to be debt free.

About the Author:

Learn more about personal finances and how you can become debt free. Help your family to escape the stress and financial strain that bad credit can bring. Visit the Uber Article Directory to get a totally unique version of this article for reprint.

Easy Financing Options for Rental Property

David McCammon — Sun, 13 Sep 2009 13:47:37 +0000

by David McCammon

A good number of people are now finding that rental property can be an excellent way to create wealth. If you are considering getting involved in rental property investing, it is a good idea to educate yourself as much as possible. First, you need to find out what it takes to become qualified to purchase investment property because it is actually much different than qualifying to purchase a home.

A common idea for this is the fact that a significant number of investors either walked away from properties or declared bankruptcy during the early 1990s. While you should certainly not be punished for someone elses problems, neither do lenders want to be left holding investment properties. Therefore, it is important to understand that the requirements for being approved for a mortgage on rental properties are somewhat different from what you are used to.

Property can often be purchased with low money down, especially if you are a first-time home buyer this is often not the case with rental property. Many lenders require a minimum down payment of 15% or even 20%.

Fortunately there are many different sources you can tap into for possible financing. These options include: Mortgage broker Local savings and loan or bank Private lender FHA; which stands for Federal Housing Association.

Regardless of which option you choose, you will find that most lenders will want to be assured that you will have a sufficient amount of rental income in order to cover not only the mortgage payment but also other expenses such as insurance, taxes and maintenance. Depending on the amount of income that will be provided from the property, some lenders may require a larger down payment.

There are also different types of loans which you can use to finance the purchase of a rental property. One option would be a residential loan. This type of loan can be used to purchase from one to four units. The exact options that are open to you often depend on whether the property will be owner occupied.

An even other option would be a commercial loan. This is an option when the property is five units or more or it will be non-owner occupied. Due to the fact that it is a commercial loan, it is often far different from a residential loan in regards to terms and requirements. One of the main differences between a commercial loan and a residential loan is the fact that fees and rates are very often higher on loans like this.

Sometimes a larger down payment is also often required. The down payment on a commercial loan typically runs between 25% and 35%. While there are some lenders who may be willing to agree to a higher loan to value ratio; the requirements for qualifying for such loans are often much more difficult.

The owner will also carefully examine the ability of the property to generate a cash flow that will allow you to repay your loan. As a result, the lender will typically examine the property to ensure it can provide an income that will not only allow you to cover the mortgage payments and other expenses but also provide enough of a cash flow that you will have additional income to place into other places.

Private party lending is another option for many prospective investors. One option would be to approach the current owner about seller financing. With this option the owner carries back the loan for a down payment and fair interest rate. You may find that you can save lending fees with the options and may also be able to take advantage of making a smaller down payment.

Another option would be what is known as a hard-money loan. This is a type of short-term financing where a third-party makes a loan to assist the investor with purchasing the property. Generally, this type of loan involves a higher interest rate due to the fact that the buyer has poor credit or because the property is in disrepair and requires extensive renovation.

FHA programs are usually offered through traditional lenders. Keep in mind; however, that FHA does not actually lend money. They do provide insurance for lenders; offering numerous loan programs. Regardless of which financing tool you choose, remember that there is always the option to refinance at some later point in order to obtain a better rate.

About the Author:

If the thought of making money greatly in the entire world of real estate investing stimulates you, then you ought download Davids free report and Free Real Estate Course. To find out the safest and most profitable strategies visit Davids website Real Estate Investing.

Stopping Foreclosure And Moving On

Dan Rollins — Sat, 12 Sep 2009 17:57:30 +0000

by Dan Rollins

Because of the recession many people are faced with the terrible option of foreclosure. Stopping foreclosure on the other hand is something that can easily be done. If you want to keep your home, here are some great tips that will allow you to keep the home you love. It does not even matter if you have already received your notice! You can still stop the process and get back on your feet!

Lenders all over the country are losing money because people are losing their jobs and their means to pay their bills. Stopping foreclosure so something that can easily be done when you simply talk to your lender. If you have just been laid off, do not wait until the payments are overdue. Simply give them a call and see what they can do for you.

While you are on the phone with your lender you may want to think about a new payment plan. Because the job market is so low many people are out of jobs for months on end. If you will be using your savings, smaller payments each month will help make your savings stretch.

Those of you who have a good payment history might be able to get a payment or two wiped off. If you are falling too behind it may be a good idea to ask your lender to get rid of one of your late payments. This will allow you to get back on top again and start making payments on time again.

If you cannot get rid of a payment or two then why not add those to your payment plan? This way you would have to pay a couple of months extra but still be able to keep the home you love. If you owe 3 payments, then you would owe 3 more payments at the end of your mortgage.

On the other hand if you do not have the means to keep your home, stopping foreclosure by bankruptcy is another road you could take. People all over the country are looking for bankruptcy lawyers so that they can keep their homes and start fresh again.

When it comes to stopping foreclosure you need to make sure that you look over all of your options. Talk with your lender and make sure that you show them you are not avoiding them. This will better your chances of a loan modification or a repayment plan.

About the Author:

A lot of individuals may ask themselves “how can i prevent foreclosure on my home?” If you need the answer to that situationthen you need to read the report written by Dan Rollins that may help you discover how to prevent a foreclosure on your home.