foreclosure

Bankruptcy and Foreclosure: What You Need to Know

06/13/12

OK, here’s the deal with bankruptcy and foreclosure. Despite what you may have heard, filing for bankruptcy does not necessarily permanently stop a lender from foreclosing on your home. Filing for bankruptcy will always temporarily stop the bank foreclosing on your home. This is true regardless of which chapter you file under. In some cases, [...]

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Tax Consequences of Foreclosure or Short Sales of Certain Primary Residences

06/02/12

In December, 2007, Congress passed the "Mortgage Forgiveness Debt Relief Act of 2007" to alleviate tax consequence for some homeowners in foreclosure. The new Act excludes from gross income certain cancelled discharged "qualified principal residence indebtedness."

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Dealing With a Financial Surprise

05/24/12

There are two typical types of financial setbacks that lead to bankruptcy for most people: a huge surprise, and a slow and steady increase in debt.  If you are on the surprise side of things, as many of us are from time to time, it is important to follow several important steps.  If you just [...]

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50 Ways To Surrender Your Property In Bankruptcy

05/14/12

Post image for 50 Ways To Surrender Your Property In Bankruptcy

With apologies to Paul Simon:

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Are You Playing The Mortgage Bail Out Lottery?

05/09/12

Will the government be able to provide you with mortgage relief? Maybe, but maybe not. Waiting for your mortgage lender or a government program to fix your defaulted mortgage problem or return your equity that was lost by the declining housing market? Will that be a successful strategy? Maybe and maybe not. While there certainly [...]

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Are You Playing The Mortgage Bail Out Lottery?

05/09/12

Will the government be able to provide you with mortgage relief? Maybe, but maybe not. Waiting for your mortgage lender or a government program to fix your defaulted mortgage problem or return your equity that was lost by the declining housing market? Will that be a successful strategy? Maybe and maybe not. While there certainly [...]

[more]

Does Texas Foreclosure Law Allow Deficiency Judgments?

05/07/12

Texas law allows lenders to pursue deficiency judgments after foreclosure A deficiency judgment arises when the proceeds from a foreclosure sale fail to satisfy the outstanding mortgage balance, and a lender wins a lawsuit seeking payment of the difference. The practice has become much more common in today’s troubled housing market, where many Americans find [...]

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Does Texas Foreclosure Law Allow Deficiency Judgments?

05/07/12

Texas law allows lenders to pursue deficiency judgments after foreclosure A deficiency judgment arises when the proceeds from a foreclosure sale fail to satisfy the outstanding mortgage balance, and a lender wins a lawsuit seeking payment of the difference. The practice has become much more common in today’s troubled housing market, where many Americans find [...]

[more]

First Circuit: Lender Not Obligated to Foreclose on Home Surrendered in Bankruptcy

03/28/12

Surrendering Property Usually Allows the Debtor to Walk Away From Underwater Property. What Happens When the Bank Refuses to Take Ownership? One of the big advantages for consumers filing bankruptcy is the ability to surrender property they can no longer afford. Through bankruptcy, debtors can avoid a deficiency lawsuit and get rid of personal liability [...]

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