Having problem with your debts? Worry no more! For an alternative to Bankruptcy is available to provide help to your debt problems. And there’s no need for you to be in debt for the rest of your life. Thousands of people around the globe are in the same situation, being engulfed by dwindling credit limits and unaware that their privilege of using their credit card is being taken from them. It’s not until then that they came to their senses that the situation is beyond their control. The things they used to do are now denied them, as the result of the insurmountable credit problems. Now even the minimum payment becomes a burden. In times like this, bankruptcy might seem like the best choice as we look into a solution to the insurmountable debts due to the unplanned expenditures. But, one thing we forget, and perhaps have not anticipated in making such a decision, is that bankruptcy won’t end our credit problems. This move is recognized by the state, and although bankruptcy sounds good, the stain of bankruptcy will leave its mark in your credit profile, and it will now become part of your life’s testimony, eventually reflecting to your credibility as an individual for the rest of your life.
Are you willing to risk your credit profile? You will be denied some important privileges that other people enjoy. In short, you are financially outcast in society. And not only that, your credit history is important for some employers before they hire you. Perhaps your bankruptcy records overshadow your skills so much that you will not get a chance of employment. For these reasons, if I were you, an alternative to bankruptcy would be my top priority rather than filing bankruptcy itself. Bear in your mind that the alternative to bankruptcy that I’m about to present to you is only advisable for those people with unsecured debt (valuable things like mortgages and car loans are not acceptable as a form of collateral).
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Mar 18 2010
Getting protection from foreclosure is neither an easy nor a slow process. From the day you receive a foreclosure notice in Missouri, you typically have around 21 days to make a decision about your home. While you could have more time, nothing is guaranteed when it comes to foreclosure. If you’ve done any research at all you’ve probably come up with two possible solutions: Chapter 13 bankruptcy or Loan Modification. So, which one is better? Loan Modification has changed in the last year, and not for the better. A year or two ago, I may have recommended a loan modification for those who are in a temporary situation like a job change or small medical emergency that had adjusted their budget in the short term. But with the latest housing crisis and dismal performance of the loan modification, I’m not sure I would recommend it at all, for any situation. Even the biggest lender in America has only approved 4% of requests – leaving the other 96% to fend for themselves.
Typically, you must first fall behind on your mortgage payment to even be eligible for the program. This has led to people purposefully falling behind on their mortgage in order to qualify. Since the waiting line for modification requests is so long, they are often so far behind by the time people are told that they can’t get the mortgage modified that it is impossible to catch up.
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Mar 18 2010
Credit card debt bankruptcy is not a simple problem. Card holders need to adopt a step wise approach to get rid of this problem. The first step is to stop the usage of plastic money. Some people fail to understand this point and they continue using their cards. This is not the right approach. If you continue using plastic money for your purchases, the threat of credit card debt bankruptcy will increase. There is a simple reason behind this. The total payment which is made to the bank consists of the principal amount and interest charges. How does the interest amount vary with the usage of plastic money?
Interest charges increase with the usage of credit cards
You are paying interest on every single dollar. Thus, the more you spend, the more interest will be paid. Look at your credit card statement and analyze the interest charges. If you stop using your card, the interest amount will automatically reach zero. If you are using cash, you will not have to worry about paying interest. Counselors follow a particular strategy to educate the loan takers. The most important point required to prevent credit card debt bankruptcy is to prevent the usage of plastic cards.
How to prevent credit card debt bankruptcy with interest reduction?
Are you ignoring the amount of interest which you are paying every month? Do not focus on the principal amount only. Interest charges make a lot of difference. Even if you get fifty percent discount, you will be paying a much smaller amount. If truly know about the losses of bankruptcy, you will never consider it a way to get rid of unsecured liabilities. Those who declare themselves bankrupt to get rid of credit card complications do not consider the financial future. An important aspect of the financial future is the credit score.
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Mar 18 2010
The “short” in short sale simply means that the amount paid at the sale of a property on behalf of the borrower for an outstanding mortgage is less than the amount owed. But there is nothing “short” about the process. In fact it should be called “long sale” because real estate professionals who specialize in short sale transactions are well aware that – patience, diligent follow up and a long wait – is the name of the game. Due to the increasing numbers of distressed homeowners, there has been an upsurge in the number of potential short sales available to real estate agents. Many of these homeowners need someone to negotiate their short sale once they have decided that it is the best option for them to use to avoid foreclosure. The sheer amount of documents to be prepared as well as the time spent on the phone going back and forth with lenders makes investing in a Virtual Assistant (VA) a strategic decision. Now, “How can hiring a VA ensure that each short sale negotiation is carried out more efficiently and effectively?” To answer this question, let’s go through the entire process and then point out crucial areas where a virtual assistant can complement the agent’s efforts.
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Mar 18 2010
So you have finally made a decision regarding your financial affairs, and you believe that bankruptcy is a necessary step for your future. Do you really need a bankruptcy lawyer to help you figure things out?
Yes, now more than ever, a bankruptcy lawyer is a must if you plan on filing Chapter 7 or Chapter 13 in the near future. First of all, this professional assistance can help you decide whether bankruptcy is in your best interest to begin with. An honest and capable lawyer can examine your situation and answer specific questions that you may have regarding your own circumstances.
After all, every person is different, and you need to have a lawyer who cares specifically about your own set of circumstances. Once you have made a decision that bankruptcy is right for you, you still need a professional to help you along the way. You should not count on a paralegal or on a document preparation service at a time like this.
Why is a bankruptcy lawyer so crucial nowadays? Because Congress remade the bankruptcy code into something much more complex. Some bankruptcy attorneys refer to it as barf (the bankruptcy abuse reform fiasco). According to some experts, the law is such a mess that many lawyers and judges are still having trouble trying to figure out exactly what Congress meant when it passed a law. (This should come as no surprise, because Congress itself often doesn’t know what it’s doing. I imagine most of the members of Congress don’t even read the bills that they’re passing.)
You may have a buddy who tells you that declaring bankruptcy by yourself is a piece of cake. Chances are, however, that your friend declared bankruptcy before the recent changes in statutes. Take a prudent approach and get help from a professional who can help you navigate the maze known as the bankruptcy law. Meanwhile, continue to learn as much as possible through more articles like these.
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Mar 18 2010
There are two types of foreclosures – judicial and non-judicial. It depends on the laws of the state in which the property is located. The foreclosure is a process by which the lender realizes unpaid dues from the borrower. The property that has been kept mortgaged is foreclosed upon.
The judicial foreclosure starts with the lender filing a complaint with the court seeking permission to go ahead. A notice of Lis Pendens is noted with the court. Lis Pendens is a public notification stating that the property under dispute is under litigation and thus it would not be safe to purchase such a unit until the court has resolved the matter.
After the complaint has been filed in court by the lender, the borrower or respondent will be served with a notice of the said complaint. It may be either directly served or through mail. If the borrower cannot be traced then the notice is made public. The serving of the notice is pivotal to the running of the foreclosure process since on its receipt depends the issue of the borrower carrying on with his or her legal defense.
A date is set for hearing in the court. At the hearing both the plaintiff and defendant get a chance to present their stand on the matter. If the court finds the lender is right then it allows an auction of the property to be held to realize the dues together with relevant fees and penalties.
Judicial foreclosure is the norm in many sates. It takes time in comparison to non-judicial foreclosure process. In some states there are special laws wherein the borrower has to prove that the loan is not defaulting. But in other states the process of judicial foreclosure is the same as other lawsuits.
In judicial foreclosure the borrower often has the right to cure the fault or “redeem” the property. There are certain deadlines during which time the borrower is allowed to become current on the loan. If the deadline is missed then the judge orders the property to be auctioned off.
By the process of judicial foreclosure the lender take over the title of the property and also get a judgment against the borrower for any pending amounts that may be due even after the auction sale. With prices being at an all time low, the sale proceeds of the house does not often cover the full amount of the loan.
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Mar 18 2010
With this current economic crisis, it is unfortunate that the real estate market is loaded with foreclosure properties. However this also presents an incredible opportunity for home buyers and investors. Foreclosure properties cost the banks up to hundreds of thousands of dollars. For that reason, when a home goes into foreclosure the bank wants to sell it as fast as possible. Therefore they sell these properties for up to 50% of current market value. Foreclosed properties are a steal, if you know where to look.
There are literally thousands of sites that offer foreclosure listings and many claim they are free. Many of these sites may be reputable, but you need to do your research and know how to spot a good site from a scam. There really is no such thing as a free foreclosure site. There may be free foreclosure lists out there, but they are very hard to come by. Plus those free foreclosure lists typically move extremely fast, therefore any property you become interested in will probably be sold by the time you inquire on it.
That’s not to say there is no way of obtaining a list of foreclosed properties for free. There are many paid membership sites that offer their services for free on a trial basis. Reputable companies will offer a seven day free trial. Seven days is more than enough time to research these properties. Plus most foreclosed homes move so quickly that they may not even be available after the seven days. If you don’t find any listings during your free trial you can always cancel the membership before your card is charged.
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Mar 18 2010
There has been a lot of talk about the new bankruptcy law that was passed by Congress in 2005. What exactly were the changes, and how will they affect your eligibility for bankruptcy?
The idea behind the recent bankruptcy law was to limit the abuse of the system. The new statute is supposed to help determine whether people really need to declare chapter 7, even though many lawyers and consumers disagree. Regardless of what you think about this new statute, you have to get used to it (at least until you convince your congressman to change it).
So what does the new bankruptcy law mean to you? For one thing, you’ll be required to attend credit counseling classes within 180 days before filing personal bankruptcy. You may be able to do this online or over the phone instead of attending a live class. You’ll have to produce a certificate that proves your attendance, but you may be able to get an extension from the court if you were not able to take it before filing a petition.
You have to make your tax return available to any creditor who asks for it, and you also have to get your pay stubs together for the last 60 days before you filed Chapter 7. After your successful Chapter 7 case, you’ll also have to attend the financial management class to help ensure that you do not repeat your mistakes and end up in bankruptcy court sometime in the future.
Will you still be eligible for Chapter 7? Well, one lawyer estimates that only 3% or so of people that would have been eligible previously will no longer be able to file Chapter 7. In other words, most people will still be eligible, even though they may have to go through additional hurdles.
Specifically, if your salary is greater than the median salary for your state, you will have to take a more involved test to determine whether you can afford to pay some of your debt. If you fail this test, you may be forced to declare Chapter 13 which involves a partial repayment plan.
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Mar 18 2010
The foreclosure is a process by which the lender realizes unpaid dues from the borrower. When a loan is taken to purchase a house the latter is kept mortgaged as security to the lender until the loan is repaid. The borrowers make monthly payments to the lender that includes the rate of interest and partial repayment of the principal. When the borrower lags behind and fails to make the payments then the lender, before actually foreclosing sends a foreclosure notice or NOD (notice of default). Technically it is known as Notice of Assessment Lien Foreclosure Sale.
The foreclosure notice addresses the borrower and states that the person is warned that since payments are due steps will be taken to realize it as per provisions of the laws of the state.
Till the date of issuing of the foreclosure notice, a lien exists on the mortgaged property for unpaid assessments as well as charges incurred from a certain date till the date of the foreclosure notice. Till then no legal action has been taken to collect dues. With the start of these proceedings all previous action, if there had been any, is dismissed.
In the foreclosure notice the lien holder claims that the lender has so far observed all the steps required but is now taking action to speed up realization of past dues. The amount due till then is stated. The names of all the parties are listed.
The lien holders or lender will now foreclose on the property that has been described in the foreclosure notice. The debt has to be paid. In addition all extra assessments till the date of the sale together with legal fees and other costs will have to be paid.
The foreclosure notice also refers to the redemption period – this being dependent on the laws of the particular state in which the property is situated. During the redemption period the borrower is permitted to clear the pending dues and escape foreclosure. Generally the redemption period is six months. It is sometimes reduced to five weeks.
The foreclosure process is as old as the time when man started to lend and borrow. But what is new is the staggering number and that most of them are from the sub-prime mortgages that had been contracted during the last couple of years. These were peddled to the underprivileged section of American society that did not understand what they were inking.
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Mar 18 2010
The goal of Chapter 13 bankruptcy is to help you create a payment plan so that you can pay off part or all of your debt during the next three to five years. But how do you determine whether you have to pay a creditor in full instead of settling for pennies on the dollar during a Chapter 13 bankruptcy plan. Well, that largely depends on the kind of debt that we’re talking about.
There are some kinds of financial obligations labeled as priority claims. These kinds of debts must be paid off completely during the repayment plan. Some types of priority claims include child support obligation and back taxes. If you have these kinds of financial concerns, then you will need to create a payment plan in which you pay off these priority claims completely. If you are not able to do so, you may not qualify for Chapter 13.
What are some other eligibility requirements for Chapter 13? Well, for one thing, there is a maximum amount of debt. To qualify for Chapter 13, you should not owe more than $922,975 in secured debts. You should also not have more than $307,675 in unsecured debt. If you’re wondering about the difference between secured debts and unsecured debts, it’s actually pretty simple. A secured debt means that there is an asset that can be repossessed such as your car or your house. Unsecured debts, such as credit cards, are not backed up by any collateral.
Your eligibility for this kind of bankruptcy and the exact terms that you are given also depend on your recent filing history. If you have filed with a bankruptcy court for any kind of relief during the last few years, this may change your situation considerably. If you were given a discharge recently, you’ll be treated differently. How so? Well, assuming you qualify for another discharge to begin with, you’ll probably have to pay off all of your debt to the creditors during a repayment plan instead of simply settling for a fraction of the cost.
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Mar 18 2010