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Articles Posted in Mortgage issues

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House Rich, Cash Poor?

Home sellers and home buyers are likely both waiting for some kind of change in the financing markets right now. Those homeowners locked in with low rates do not wish to sell, but cannot maintain a standard of living with their current income and increased expenses.  They may not qualify…

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Facing a Foreclosure Filing? Don’t Go it Alone.

Supposed a foreclosure lawsuit is filed against you.  You file an Answer.  The plaintiff files a motion for summary judgment quickly.  New civil procedure rules require a homeowner to file his or her defense 20 days before a hearing.  Most people are unware of that rule and lose.  Even if…

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Surprise surprise — The Exit from Forbearance Can Get Messy!

While it took longer than I and many other consumer advocates thought, the house of cards is starting to slip finally.  Many mortgage companies did not fully disclose exactly what would be required once the CARES Act expired and mortgage payments would resume.  I’m sure many homeowners have claims out…

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How do Attorney’s Fees Work in Florida and When Does it Make Sense to Sue?

People are often confused about how attorney’s fees work – when do you have to pay your own, and when does the losing party have to pay?  This question is very important when you are faced with a decision of whether to “take someone to court”.  In the United States,…

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Chapter 13s – Easier to File Now Due to Debt Cap Increases

If you have significant debt but have been told that you cannot file a Chapter 13 consumer bankruptcy, now you can file bankruptcy and not risk dismissal by the U.S. Trustees office.  This change occurred because the Bankruptcy Threshold Adjustment and Technical Corrections Act was signed into law yesterday.  Prior…

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Foreclosure and Deficiency Reporting on Credit Reports

A mortgage servicer called a “furnisher” for purposes of credit reporting is responsible for updates to a borrower’s credit report.  Many times following a foreclosure, there is a limited time for the lender to seek a deficiency judgment.  Here is Florida it is one year.  If a year goes by,…

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New Rules to Help Those with Student Loan Debt Qualify for a Mortgage

Are you looking to buy a house now?  Waiting could cost you as inflationary pressures will likely cause your dollar to decline.  Moreover, interest rates will begin to rise in 2022 – 2023 as the Fed begins to normalize the interest rate.  If you have student loan debt that has…

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What to Expect When Mortgage Forbearance Ends?

The CFPB stated today “[w]e are at really an unusual point in history.  I don’t think anybody has ever before seen this many mortgages in forbearance at one time that are expected to exit forbearance all at one time.” No kidding.  This may be the calm before the storm type…

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Foreclosure moratoriums extended once again to end of June (but only for federally backed mortgages!)

Today, President Joe Biden is extending a moratorium on home foreclosures for federally backed mortgages until June 30, after previously setting the expiration date at the end of March. Biden also announced the expansion of a mortgage relief program, pushing the window to request mortgage forbearance until the end of…

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Having Problems with Your Mortgage After a Chapter 13 Discharge?

Are you STILL having problems with your mortgage servicer after catching up with your mortgage while in a Chapter 13? Are you being charged a huge sum to catch up even after the bankruptcy is over?  A mortgage servicer is required by federal law to perform an annual escrow analysis…

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