Avoid Credit Card Bankruptcy

Credit cards can do wonders in one’s finances. If you are experiencing cash shortage in one way or another, the tool can be your savior. You can pay some urgent household expenses using your cards. Aside from that, you can purchase anything you want too. If you want to buy specific clothing, you may do so even though you ran out of cash. All the luxuries your heart desires can be yours by using the tool. Buying items will be much easier and convenient on your part. You don’t have to carry cash anywhere you go. Just as long as you have with you the so-called “magical keys”, buying things will never be a problem.

However, you must be aware of credit card bankruptcy. Sometimes you tend to go over your spending. You will just keep on using your card whenever you like. Having a very luxurious life is not advisable. That kind of lifestyle will give you problems in the future. It’s OK if you can pay all your purchases on time. Credit cards are very important in today’s modern day and age. Problems will just arise on the way you handle it. If you happen to manage it properly, you will reap great benefits. On the other hand, if you don’t know how to handle your finances, you’ll end up with lots of debts.

Having debts is not a good thing for it can lead you to declare credit card bankruptcy. We all know that being bankrupt is the worst condition of all. Some debtors who have piles and piles of debts dreaded bankruptcy. They will find other ways not to be bankrupt. Bankruptcy is the last resort among many debtors because there are negative consequences attached to it. I’ll tell you, you don’t want to suffer it because it’s really bad. Credit card bankruptcy will arise if you will be defaulting in your credit card payments. If you can’t find means on how to pay the outstanding debts, then you’ll surely go bankrupt.

The only good thing in declaring bankruptcy is all your debts will be gone. Your credit card company will not anymore pester you with phone calls and demand letters. You will be free from your debts and you can now sleep tight at night. However, you will have limitations regarding your spending habits. Your assets will be on hold during the bankruptcy period. In order to avoid credit card bankruptcy, you must take note of your expenses. It’s better to use the tool in cases of emergency only. You must purchase only needed items. You must embrace frugality in your everyday living.

Remember to buy necessities only not those you want. It’s alright if you have enough earnings, but if you’re in a tight condition, better stick to the budget. In case, you’re already suffering from major credit card debts, it’s advisable to seek for professional help. You can ask the help of debt management companies- they will assist you in your problem. They can negotiate to your lenders for a reduction in interest rates and extensions in payments. Using credit cards is really inevitable but just don’t push your spending beyond the limits. As much as possible, never entertain credit card bankruptcy in your mind.

For more information please visit: http://www.floridalawattorney.com

Comments (0) Apr 30 2009

Can Chapter 7 Be Filed If the Household is Over the Median Income?

When people are having financial difficulties many turn to the internet to try to diagnose and treat the problem on their own. Many people will find information regarding the Means Test, which is requirement for filing Chapter 7 or Chapter 13. It is the first step in deciding if someone is eligible for Chapter 7 or it could dictate what a Chapter 13 payment needs to be. The biggest issue is that people look at the median income for their household size and if they are even a penny over, think that they are not eligible to file Chapter 7. I have even had people tell me that other “bankruptcy attorneys” have told them the same thing. This is not true.

The whole point of the Means Test is to determine if someone may still file Chapter 7 even if they are over the median income for their household size. If it was as easy as determining your monthly income and simply looking to see if you are over the median income, there would be no test. The Means Test is based only on the last 6 months of income for each person working in the household. This monthly average is annualized and then compared to the median income. If the number is over the median income then you complete the rest of the test in order to see if Chapter 7 is a possibility.

For more information please visit: http://www.floridalawattorney.com

Comments (0) Apr 30 2009

Seek Help Before You Lose Your Home

When it comes to foreclosure help you need to learn how to be as self-reliant as possible. You must seek out the help you need right away. Bear in mind that in buying your home you had professionals such as a real estate agent and a lawyer help you with the process. Now you need professionals to help you to hold onto your home.

One of the first steps for foreclosure help should not be the government but one of the many not-for-profit agencies that operate across the country that offer housing counseling for a low fee or in some cases, for no money at all. Every state has these agencies. Take some time to do a search over the Internet for the one closest to you.

When it comes to foreclosure help, look for the agencies that list “Mortgage Delinquency and Default Resolution” as one of their many services. Get in touch with one of these agencies at the first sign of trouble. Whatever you do, do not wait! Time is of the essence. The people who work at these agencies have their own methods of negotiation that can be very beneficial to those facing the threat of foreclosure on their homes.

You then need to get yourselves as organized as possible in terms of paperwork regarding your home. Housing counselors are inundated with those seeking their help so the more organized you are, the better service you can expect to receive.

What type of paperwork do you need to provide to the housing counselor you are assigned to? You will need a variety of items including:

· All written communication you have had with your lender, including letters and/or email correspondence 
· Your two (and in some cases, three) most recent statements for your mortgage 
· Foreclosure notices you have been sent and/or complaints regarding a court or sheriff’s sale 
· Your insurance policy for your home if you pay it directly 
· Your last two month’s pay stubs from your workplace 
· Your bank account statements for the past two or three months 
· Your last two tax returns 
· Proof of other additional income such as a second job, freelance work, child support, alimony, disability income, SSI, rental income and so on.

For more information please visit: http://www.floridalawattorney.com

Comments (0) Apr 30 2009

Chapter 7 Bankruptcy – Should You Dump Your Credit Card Debt?

In the past a consumer with a good payment record and solid financial history would be just the person large financial institutions love to work with. If you paid more than the minimum on revolving charge accounts, paid on time and had a good rating with the credit bureaus, card issuers competed for your business.

Reducing credit limits for consumers is the first of a one-two punch being broadly applied by large credit card issuers. The reduced credit limit is quickly followed by a huge increase in the interest rate of the credit account. The bank who reduced the credit line thereby placing that consumer in a higher risk category (through no fault of the consumer’s) now demands higher interest payments.

In the space of 60 days, a consumer with $25k in credit available and a $10 balance may see his interest rate go from 11-12% to over 30% on all the revolving credit accounts he carries. This can double or even triple the minimum payments due each month on those accounts. That’s another problem as making only the minimum payment due on revolving accounts can lower your credit rating even more.

If you cannot pay the larger payments being demanded and you do not have the ability to pay off at least some of the accounts quickly with your income or savings, you might consider defaulting on your credit card balances by filing for Chapter 7 bankruptcy.

It is preferable to default on credit card debt than to damage your family’s financial well-being. Personal bankruptcy filings have risen in recent months and predatory credit card companies are one of the biggest reasons for the increased numbers.

Though bankruptcy may stay on your credit report for ten years, it does not mean you cannot regain your ability to obtain credit. Books, seminars and resources are available with practical help for returning consumers to creditworthiness. The dramatic increase in filings for personal bankruptcy will only increase resources available to help those affected.

It takes some effort to re-establish yourself financially but there is life after bankruptcy and for many faced with soaring credit card assessments, it’s the only logical option open to them.

For more information please visit: http://www.floridalawattorney.com

Comments (0) Apr 29 2009

Stop Foreclosure of a Home Scheduled to Foreclose in One Week?

If your home is in foreclosure and is scheduled to be sold at auction in one week, you’ll need to act fast and be very aware of what you’re doing. Hiring a professional to help you negotiate would be very beneficial. You’ll want to keep accurate records of all paperwork sent or received, and take good notes on all phone calls and meetings with anyone relating to your foreclosure.

You, or an agent negotiating on your behalf, can do one of several things.

For one, you can borrow enough money on a new mortgage to pay off the debts from the old mortgage, including any legal or other fees. Normally, if you have enough equity in your home, bad credit will not prevent you from getting a loan, but do your research thoroughly.

You may also attempt a forbearance, which means in exchange for money or some other action you perform (such as repairs on the home, listing it with a realtor, or something else agreed upon by both parties), the lender will cease any legal action.

In a friendly foreclosure, a third party or the lender purchases the home to clean the title of all lien holders, and then sells it back to the debtor or a predetermined third party.

You may also negotiate to modify your loan temporarily to allow you to get back on track, usually lowering monthly payments, interest rates, or changing other terms until things are back to normal.

Sometimes a lender may be willing to work out a repayment plan with you, in which case the past due debt is figured into a predetermined number of future payments until the amount is paid off. You can expect to pay half of the arrearage (the past due payments) plus all legal and foreclosure fees upfront in this situation.

For more information please visit: http://www.floridalawattorney.com

Comments (0) Apr 29 2009

Economic Collapse Making Living in Foreclosure Towns More Dangerous

Overinflated job markets and overinflated housing markets went together during the real estate boom years of the 2000s. But too many companies believed in the Federal Reserve’s illusion of low interest rates fueling investment and too many homeowners believed in the same illusion of constantly rising home prices. Now all of that has changed.

Whether is has changed for the better or for the worse in the long run is yet to be determined, but during the current economic recession, the world seems to be becoming a much more dangerous place. And neighborhoods hit hardest by the foreclosure crisis are experiencing the most serious erosion of public safety and rising crime related to abandoned properties.

By pumping up the housing market with inflated dollars and below market interest rates, the Federal Reserve and the banks have turned communities across the country into ghost towns and best and crime-ridden slums at worst. Homeowners left in these towns and cities are facing more risk than ever before.

The risks from foreclosure-related property crimes are just the beginning. Squatting in abandoned, bank-owned properties is becoming more widespread as formerly employed workers take advantage of the overproduction of homes to stay off the streets. Community organization groups have even taken to breaking back into foreclosed homes and putting the former owners back into properties they no longer own.

During an economic recession, crime rates generally rise, but the current depression will be far greater than any before it. Vast amounts of resources are being directed away from job-producing companies through government agencies to help bail out bankrupt private corporations or bankrupt local and state governments. Unemployment will remain high and climb even higher as a result.

Thus, the number of people unemployed will continue climbing and those unable to find jobs will become increasingly desperate to find food, shelter, and other resources for their own families. While abandoned and foreclosed properties can provide shelter, current homeowners should also consider their own safety against home invasion and robberies.

Unfortunately, foreclosed homes are not the only targets of criminals and vandals. While these types of properties are a target for those who can strip them of their valuable assets (pipes, wires, siding, and so on), they are typically not full of food, cash, or people to take advantage of. Only occupied properties offer these rewards for the violently inclined.

And even more worrisome for many homeowners is the real possibility that public safety may break down during the recession. With so much of the growth of the economy fueled by rising property values, local governments were able to keep growing by capturing more property tax revenue from citizens. With rising foreclosures and more empty homes, revenues have fallen dramatically.

This means that there will be fewer people employed as police officers or firemen, as cities and counties that relied on property tax revenue and subsidies can no longer pay for them. In case of an emergency such as vandalism, arson, squatting in a property, or even a home invasion, homeowners may have to rely on their own abilities to survive or protect their families.

During the coming years, people will be learning more self sufficiency and survival tactics in order to deal with a breakdown of the current order. A financial and economic system that once engendered trust from all over the world is now being forced to reveal one disaster or fraud after another. And the little remaining trust is quickly evaporating.

People now realize that their 401k plans and their homes are not ATM machines and have begun saving more money and taking more precautions in terms of their money and assets. What homeowner can trust in the same companies and individuals that set up the market for destruction in the hopes they would be bailed out by the very homeowners and investors they were impoverishing?

The deepness of the recession has caused an erosion of trust and an erosion of responsibility. We are all criminals now, it seems. If corporations are not going to the government for bailouts, criminals are going to corporate and private owned properties for shelter and easy targets. For the remaining homeowners and people with integrity, though, now is long past the time to begin preparing.

For more information please visit: http://www.floridalawattorney.com

Comments (0) Apr 29 2009

5 Important Considerations When Pursuing a Real Estate Short Sale

A real estate property short sale is in most circumstances a most difficult transaction to handle. Signing away ownership your precious real property investment is a painful decision to make in whatever way you will look at it. It leads to a whole lot of other problems which include damaged credit standing, embarrassment and the loss of dignity of an owner being stripped of ownership to his home.

A growing part of the real estate sales in recent times are short sales. This is an indication that this option can be your best route if handled properly. A short sale is possible when the lender agrees to accept less than the due amount from the mortgage. Short sale is basically a discounted payoff which shall be resorted to by the lender in lieu of foreclosure. However, one should remember that not all real estate properties can qualify under a short sale setup.

On the other hand, if you are seriously considering a short sale for a property, it is important that you know of several drawbacks that are associated to such type of real estate transaction.

Here are the important things that you must do if you are going to pursue a short sale of a real property:

1. Retain the services of a legal counsel – The short sale involves a lot of legal issues and it is essential that you are provided with relevant advice by a competent lawyer with the expertise in such short sales transactions.

2. Hire an accountant to learn the tax implications – Before you proceed with the short sale transaction, it is essential that you consult with a CPA with regards to the ramifications of the short sale on tax exemptions under applicable tax laws and guidelines.

3. Coordinate with the Mortgage Lender – Expect to have a regular and close contact with the mortgage lender when you finally decide to make a go for the short sale. It is essential that you coordinate with the person who has the authority to make decisions regarding the short sale transaction.

4. Present a Letter of Authorization to the Lender – In order to facilitate the short sale transaction, it is important for you to present a letter of authorization to the lender. This authorization shall allow the lender to coordinate with relevant parties about your loan.

5. Obtain Preliminary Net Sheet – This is the financial schedule that describes the circumstances behind your financial difficulties. It contains all the pertinent information like the cost of the sale, outstanding loan balance, late fees and charges and other related fees associated to the sale.

If you are able to hurdle all the requisites, then you should expect an approval of the short sale by the mortgage lender. During the negotiation phase, don’t forget to request the mortgage lender not to submit an adverse credit feedback to credit reporting companies.

For more information please visit: http://www.floridalawattorney.com

Comments (0) Apr 28 2009

Obama’s Loan Modification Plan – The Facts Finally Exposed – Shocking Details

Obama’s Loan Modification Plan is supposed to help homeowners to afford their monthly mortgage payments by refinancing the current mortgages or by having their loans modified in some way. This plan would include help for homeowners who are not currently in default but are in some ways at risk of failing behind in their mortgages payments or are at risk of default.

Unfortunately the vast majority of the funds will go to the banks and lenders with the objective of incentive them to participate in this program, but they will not be forced to comply.

Very important as well, Obama’s Loan Modification Plan will fight to amend the law to help homeowners with could not afford, even new modified mortgage payments to get help under a new possible bankruptcy law.

Obama’s Loan Modification Plan is a voluntary program for the banks and lenders. It includes big incentives for mortgage servicers and investors, both of whom have been seen as unwilling to work with homeowners facing foreclosure to modifying loans.

These funds will try to subsidize rates and insurance companies with falling home prices, and millions more will be used to modified loans of those homeowners who already are in default in their mortgage payments. The plan would help homeowners who owe more than 80% of the value of their homes to refinance and reduce their monthly mortgage payments. Banks and servicers normally won’t refinance loans to people who have less than 20% equity in their houses.

At this moment, only those who are current on their payments and whose loans are held or guaranteed by Fannie Mae and Freddie Mac are eligible for the Obama’s Loan Modification Plan. This only, is leaving millions of homeowners facing foreclosure out of the scope.

The new refinanced mortgage, including refinancing costs and expenses, can not exceed 105 of the current value of the home, excluding many of the hardest places hit. So if your loan is $210,000, your home can not be worth less than $200,000 in order to be considered for the plan, this is one of the reason thousands if not millions of borrowers are being rejected.

Obama’s Loan Modification Plan, which started March 4, allows borrowers to refinance into 15-year or 30-year fixed-rate mortgages at the current market rate, which lingers around 5% at this moment, this intent to help homeowners loan that carries higher rates and those whose rates could be increased in the future because of the adjustable mortgage rate that they signed on. The loan balance, however, will not reduce.

Obama’s Loan Modification Plan would reduce interest rates so that the monthly obligation is no more than 38% of a homeowner’s income and then the government would kick in money to bring payments down to 31% of the borrower’s income.

The initial objective of the plan is to bring monthly mortgage payments to 31% or less of the homeowner’s income. Only loans where the cost of the foreclosure would be higher than the cost of modification would qualify, and this, unfortunately, is determine by each Lender.

Obama’s Loan Modification Plan also addresses some borrowers who need extra help because they are carrying so much debt on top of their mortgages. Those with total debt equal to 55% of their monthly income must enter a debt counseling program to qualify for a modification.

Part of the Obama’s Loan Modification Plan is that it does not powerfully address the fact that over 14 million homeowners are stuck in mortgage loans that have balances that are higher than the value of their homes. These homeowners will not qualify for the plan.

If a family has a setback, like unemployment, reduced household income or illness, will not be consider for this modification plan. For properties that have not equity, default and foreclosure may be impossible to avoid. Similarly, if the family has a big expense for a new roof or new plumbing, etc., it would not make sense to put more money into a home in which they have no equity. In those cases Obama’s Loan Modification Plan will not be a solution for the homeowner.

Fortunately, there are still ways you can stay in your property for a very long time, often more than two years, even if you were rejected into the Obama’s Loan Modification Plan or if you think you will not qualify at this time because of the many requirements necessary to be considered for the program. Even if you lost your job, or have not income whatsoever, you still can stay in your home, but you need to know what to do and how to proceed in order to achieve this.

You do not have to lose your home just because you did not qualify into any of the government Loan Modification or refinance program, you still have many options, but just sit in your home and wait for foreclosure will not do it, you need to act and you need to act fast.

Comments (0) Apr 28 2009

Bankruptcy Made Easier – Know the Terms Used

People that file bankruptcy are usually under a lot of pressure. Making the decision to file and getting through the process can be particularly stressful when you don’t understand what is going on. This is usually do the terms being used by the lawyer. With this article, I hope to put much of that to rest for you.

Discharge

Discharge is usually a bad term in every possible setting, but not in bankruptcy. You want a discharge more than anything when you file bankruptcy. Why? It means your bankruptcy is at an end and many, if not all, of your debts have been washed away. Discharge represents the proverbial “finish line” for your case.

Dischargeable Debt

You get to write off all your debts when you file bankruptcy, right? No. Only dischargeable debts get discounted or written off. Non-dischargeable debts survive the bankruptcy and you have to pay them in full. Some examples of non-dischargeable debts include income taxes and student loans. The extent to which a particular discharge debt can be written off depends on the type of bankruptcy you are filing and the nature of the debt.

Exempt Property

When you file bankruptcy, your creditors are paid through the liquidation of some or all of your assets. The bankruptcy code, however, contains language that creates certain types of exempt property. This property cannot be used to satisfy debts owed to creditors. Put another way – you get to keep it! The classic example of exempt property is the “homestead exemption”. In some states you get to keep part of the value of your home. In Florida, you often get to keep the entire home and live in it despite the fact you’ve gone belly up.

Fraudulent Transfer

This is a term you need to understand and avoid like the plague. A fraudulent transfer is the movement of any asset by a debtor for the purpose of protecting it from creditors. Bankruptcy is set up to give you a fresh start, but you have to be honest and up front with the court. If you drop off all your jewelry at your sister’s house and don’t list it as an asset in your bankruptcy filing, you are guilty of fraudulent transfers. Your bankruptcy filing will be terminated at a minimum. In a worst case scenario, you’ll go to jail. In short, it isn’t worth risking.

For more information please visit: http://www.floridalawattorney.com

Comments (0) Apr 28 2009

How a Loan Modification Stops Foreclosure

If you have a foreclosure looming you need to find out if a loan modification is a solution to stay in your home.  When you work with your lender to modify the terms of your loan so that you can afford the payments, a foreclosure can be avoided.  The federal plan, Home Affordable modification, is available to qualified homeowners and features aggressive options that result in a low affordable payment.  Could you qualify for help under this program?  If the foreclosure clock is ticking, you need to find out about your options now.  Here is some information to help you.

Even if you have applied previously or been turned down for a loan modification, you may be eligible for Obama’s plan.  You are entitled to apply and must be considered for eligibility if your lender is participating.  How do you find out if your bank offers this program?  You can either visit their website or call the Loss Mitigation department.  If you qualify, the foreclosure will be stopped and get to stay in your home with a new affordable payment.  Here are the basic requirements for loan modification approval:

 

  • You must live in the home as your primary residence
  • Your loan must have been taken out prior to January 1, 2009
  • The loan balance must be less than $729,750
  • Your current house payment (including taxes, insurance and homeowners association dues) must equal more than 31% of your gross monthly income

 

If you can meet those requirements, you may be able to stop foreclosure with a loan modification.  Your interest rate could be reduced to as low as 2%, and your missed payments could be included in the new loan.  The first step is to contact  your lender and ask to be considered for the Home Affordable Plan.  Be sure that you are prepared to complete the application forms correctly and can provide the required documents to your lender so that your answer is not delayed.  When you prepare a correct and complete loan modification application you are giving yourself the best chance of success. 

For more information please visit: http://www.floridalawattorney.com

Comments (0) Apr 27 2009