Category: Bankruptcy

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Nassau County Foreclosure Defense

Nassau County Foreclosure Defense cases have several steps.  Knowing the procedure of the foreclosure case can dictate which steps should be taken at any particular moment throughout the course of the litigation.  The following is a quick summary of the options that may be available in a Nassau County Foreclosure Defense case after the summons […]


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FHA Mortgage for Distressed Home Owners

FHA Mortgages After Bankruptcy or Foreclosure   The FHA recently released a letter stating that it was reducing the waiting period to get an FHA mortgage after a bankruptcy or foreclosure, to 1 year. This is a big deal because the waiting period had been two years after bankruptcy and three years after the completion […]


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Short Sale a Must?

Short Sale I already modified my mortgage, but because of new circumstances I am late again. Must I Short Sale my home now? Not necessarily. You may be able to get another loan modification based on your “new circumstances.” The HAMP guidelines were recently changed to address this situation. Homeowners who have defaulted on a […]


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Mortgage Forgiveness and Bankruptcy

Mortgage Forgiveness and Bankruptcy Bank of America mortgage forgiveness and bankruptcy Recently we have written about Bank of America forgiving second mortgages and the National Mortgage Servicer Settlement. Many homeowners facing foreclosure are anxious to find out if their second mortgage will be forgiven by Bank of America. Well, it appears that one pattern may have emerged. […]


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Free Foreclosure, Loan Modification and Bankruptcy Assistance

Free Foreclosure, Loan Modification and Bankruptcy Assistance The following article appeared in Today’s New York Newsday: Nassau County homeowners at risk of losing their homes can get free housing and legal advice on Monday, Oct. 1. The Nassau County Bar Association will hold its monthly foreclosure clinic from 3 to 6 p.m. at its headquarters […]


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Filing Error Prevents Bank From Collecting Debt

Filing Error Prevents Bank From Collecting Debt Recently, a trial court decided that Citibank could not recover a credit card debt, because its attorney forgot to attach an affidavit to a court filing.  The affidavit should have provided the amount of debt the defendant was alleged to have owed.  Without an affidavit stating the amount […]


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Settle 2nd Mortgage for 10% of amount owed?

Settle  Your Second Mortgage Settle your second mortgage for 10% of the loan amount owed? Let’s say you owe 90k on your second mortgage and the bank is willing to accept 9k in full satisfaction. Not bad, right? Well, we have heard of such an offer! Generally, we would want to consider any issues or […]


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Facing foreclosure, should I consider bankruptcy?

Yes. Why? Because the longer you wait to file bankruptcy, the more difficult it may be to save your home. But the bank might modify my mortgage. Sure, but what if the bank doesn’t modify your mortgage. While you wait for a potential loan modification – your mortgage arrears and the interest are piling up. […]


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Q & A: How Can I Use My Ch. 7 Bankruptcy to Avoid Foreclosure?

Bank won’t modify my mortgage, how can I use the chapter 7 bankruptcy I just filed to avoid foreclosure? The following are “some” of the things you can do to avoid foreclosure if you just filed a chapter 7 bankruptcy: “Maybe” filing a “chapter 20” bankruptcy, which is a chapter 7 followed by a chapter 13, will help you. […]


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Filing Bankruptcy To Save Your Home From Foreclosure

Filing Bankruptcy to Save Your Home:  CHAPTER 7 Bankruptcy Will filing a chapter 7 bankruptcy save my home from foreclosure? Probably not. If you are facing foreclosure you have likely missed a few mortgage payments. Chapter 7 does not allow you to make up your missed payments over time. However, the “automatic stay” may delay […]


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