Archive for the 'Foreclosure' Category

Does Green Tree Servicing really hold your mortgage?

In a Massachusetts bankruptcy case, a judge has been asked if Green Tree Servicing LLC can prove it really hold the mortgage it wants to foreclose on. In the Martin case (October 9, 2013), the married debtors house was underwater, they hadn’t made a mortgage payment since 2011, and they were perfectly willing to let […]

Homeowner’s mortgage mess spills over into bankruptcy court

If there is one bankruptcy case that sums up the frustrations of homeowners dealing with mortgage firms and banks, it must the the one recently decided by Bankruptcy Judge Hoffman in Massachusetts. This case (In re Perra, from May 22, 2013) seemingly has it all: a homeowner who bought in the early 2000′s and financed […]

Congress extends tax break for foreclosure victims

As part of the settlement of the various fiscal cliff issues, Congress extended the rules for forgiving the tax consequences of foreclosures for homeowners. Briefly, the tax code treats the forgiveness of debt as income for tax purposes — leaving debtors who have had their debt “forgiven” by a foreclosure sale liable for a whopping […]

What’s up with Massachusetts’ HomeCorps program?

The latest government program for easing out of the foreclosure mess — at least for Massachusetts residents — is called HomeCorps, and it is being run out of the Attorney General’s office, with the funds provided by the state’s share of settlement money from the big banks over their recent lending practices. HomeCorps got up […]

What’s missing from the new Massachusetts foreclosure law

Massachusetts has another shiny new foreclosure prevention law on the books this month — the second new one in two years, but perhaps the biggest feature of this piece of legislation is what isn’t in it. Mandatory mediation for homeowners seeking mortgage modifications. Under the original proposal of the state Senate, before a residential foreclosure […]

Yet another new Massachusetts foreclosure prevention law hits the books

Massachusetts governor Deval Patrick signed into law new legislation on foreclosure rules on August 3, 2012. For those of you counting, this is the second major change in Massachusetts foreclosure law in the last two years. The ink isn’t really dry on the new law yet, so its hard to even find the exact wording […]

Octomom files for bankruptcy — and her case is quickly dismissed

A couple of years ago, I wrote a tongue in cheek post here indicating that the “Octomom” — Nadya Suleman, a California mother of fourteen, including octuplets from fertility treatments, might soon be in bankruptcy court, as she was having trouble staying current on her mortgage. The prophecy came true in April 2012, when, faced […]

Massachusetts foreclosures tick up, bankruptcies to follow?

There was a big increase in both new and completed foreclosures in March 2012, perhaps portending a coming increase in bankruptcy filings. According to the Warren Group, which tracks real estate market activity, 850 Massachusetts properties were lost to foreclosure in March, an increase of 36% over the prior year. There were a whopping 1621 […]

Mass. bankruptcy court says too bad if you didn’t receive notice of a foreclosure

Massachusetts law requires that a lender send two notices to a homeowner before a foreclosure auction can be held — one by certified or registered mail, and the other by regular first class mail. Advertisements must also be placed in a local newspaper. But what if the homeowner never receives these notices? Can the foreclosure […]

Massachusetts church uses bankruptcy laws to stave off foreclosure

The congregation of Roxbury’s Charles Street African Methodist Episcopal Church has authorized its leaders to file a Chapter 11 bankruptcy petition in order to stop foreclosure proceedings scheduled for later in the week. One of the leading churches in Boston’s black community, they need to use the bankruptcy law to try to restructure a balloon […]