Credit card write downs ease, but card holders not really catching up

Credit card default rates fell last month, but recent improvements in getting late payers to catch up slowed down instead.

According to the Associated Press, the major banks all said that charge-offs fell in September to the lowest level of 2010. Charge-offs usually represent accounts that are more than six months behind — or in other words, good bankruptcy candidates!

Citi and Bank of America had the most improvement last month, after having the worst balance sheets for the year as a whole. Capital One, on the other hand, went the other way, with a September increase in defaults.

The credit card charge-off rate was a whopping 10.66% in the second quarter of this year. A typical rate before the recession hit was about 3 percent.

 

By Doug Beaton

 

 

Posted in Bankruptcy News, Credit cards | Comments closed

Bank of America needs weeks to untangle its foreclosure mess

On Friday, Bank of America became the first major US bank to suspend foreclosure sales in all 50 states after questions were raised about whether it and other banks had illegally seized homes without the proper documentation. In a deposition filed in a Massachusetts lawsuit, a Bank of America official said she signed as many as 8,000 foreclosure documents a month, usually without reading them, a process known as ‘‘robo-signing.’’

Bank of America’s spokesman said he could not give any details about the problems with the foreclosure process, or say when sales of foreclosed homes would resume, until after the bank finishes checking the paperwork for all pending foreclosures.

Two other major lenders, GMAC and JP Morgan Chase, have also halted foreclosures in many states, but not yet in Massachusetts or New Hampshire.

Oher banks,such as Wells Fargo & Co., have declined to halt their foreclosures.

Meanwhile, the Boston Globe received some acerbic comments on their editorial page concerning the situation:

“Former hair stylists, factory workers and Wal-Mart greeters are among the bank-designated ‘foreclosure experts’ at the heart of the current paperwork fiasco that’s wrapping the housing market in a legal stranglehold. If anyone still had confidence in major mortgage lenders’ ability to properly process foreclosures, today’s news reports ought to complete the crisis of faith.’’
MIKE TAYLOR

“The scandal at the center of our latest mortgage mess is not the ‘robo signers’ who played fast and loose with the affidavits submitted in foreclosure cases. It is that after years of propping up the banks and the alleged reform of the financial system under the Dodd-Frank bill, we still are teetering on the same precipice upon which we found ourselves in the wake of the Lehman Bros. collapse: Enormous amounts of toxic mortgage-backed securities remain on the banks’ books at imaginary valuations while prices for the $1.3 trillion in mortgage-backed securities are crashing, inspiring ‘too big to fail’ institutions to seek special political favors.’’
NATIONAL REVIEW

 

By Doug Beaton

Posted in Bankruptcy News, Foreclosure | Comments closed

Bankruptcy lawyers buzzing over foreclosure revelations

The news wires are just packed with stories on foreclosures lately. In just a small sampling:

* All 50 state attorney generals appear to be circling the wagons around the large banks, questioning their handling of residential foreclosure procedures;

* Syndicated columnist Candice Choi raises the spectre of disbarred lawyers trying to scam homeowners based on these recent developments;

* And JP Morgan Chase annouced increased profits, but the news came out on the same day that officials from all 50 states announced a joint investigation into accusations that lenders used flawed documents to foreclose on thousands of homeowners. JPMorgan, a big player in the mortgage market, said it was expanding its review of foreclosures from 23 to 41 states, and doubling the amount of cases under review to 115,000.

Stay tuned for more to come!

 

By Doug Beaton

Posted in Bankruptcy News, Foreclosure | Comments closed

Debt settlement firms face new rules

As outlined by nationally syndicated columnist Michelle Singletary, debt settlement companies are already facing new rules from federal regulators concerning their practices.

New rules require debt-relief companies to make specific disclosures, such as how long it will take to get results, how much the service will cost, and the potential negative consequences.

The firms are prohibited from misrepresenting what they can do for debtors, in particular the percentage of debt that is typically erased.

The new rules specifically cover telemarketers of for-profit debt-relief services.

Also coming up, beginning Oct. 27, it will be illegal for a debt-relief service to charge upfront fees. Companies that sell their services over the phone can’t get paid until they successfully settle or reduce a customer’s debt.

At their best these debt settlement plans usually only cover 50% of a client’s debt, and that is at their best. A simple bankruptcy case can usually eliminate anywhere from 95 to 100% of debt, and is often cheaper in the long run, to boot.

 

By Doug Beaton

Posted in Bankruptcy News | Comments closed

Bankrupt Texas Rangers rise and surprise

Baseball’s Texas Rangers have been the only North American sports team to file for bankruptcy recently, and I have been following their exploits, both in the courtroom and on the field, over the summer.

The Rangers are shaping up as an ideal bankruptcy redemption story, as they have just clinched the American League’s West Division and qualified for the playoffs. And in their first two games of a best-of-five series with the Tampa Bay Rays, the Rangers have won them both! One more win will give the franchise its first playoff series win in team history.

As to how the Rangers got into bankruptcy court in the first place, Boston Globe columnist Steve Syre has an opinion: he lays most of the blame of former owner Tom Hicks, who “was already in contention for the title of America’s worst pro sports team owner when he drove the Texas Rangers — a popular baseball team in a big, prosperous city — to seek bankruptcy protection this summer. Now he may have outdone himself and laid claim to the title of worst sports owner in the entire world.”

Syre’s point is that Hicks has also driven his Liverpool, England soccer club deep into debt, and perhaps into the hands of well-financed Red Sox owner John Henry.

Looks like you can stay tuned here for more international sports and bankruptcy news!

 

By Doug Beaton

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Update on new Massachusetts foreclosure program

The forms needed to apply for HUD’s new zero-interest foreclosure prevention loans for the unemployed will not be available until later in the year.

In anticipation of the new program, this would be a good time to get your financial house in order, though. Excessive non-mortgage debt is one of the disqualifying factors for the new program. A Chapter 7 bankruptcy case could help you if you are worried about missing out due to high credit card debts.

On Tuesday, the federal housing agency unveiled details of the program during a press conference in Roxbury that was attended by HUD secretary Shaun Donovan. Massachusetts will receive about $61 million to provide eligible jobless homeowners no-interest loans of up to $50,000. Officials said the money should help several thousand property owners keep their homes from going into foreclosure. Nationwide, about $1 billion is being allocated.

To qualify for a loan, homeowners must meet certain income requirements and document that they have missed at least three monthly mortgage payments.

 

By Doug Beaton

Posted in Foreclosure | Comments closed

new program to help unemployed homeowners in massachusetts

Yesterday the federal Department of Housing and Urban Development unveiled a new program designed to help unemployed homeowners stave off foreclosures.

Unlike many prior programs, this one has the look of something that might work, and it will soon be available here in Massachusetts.

Unemployed homeowners may be able to borrow up to $50,000 to help them make monthly mortgage payments — and in some cases not have to pay the money back — under the program unveiled yesterday that allocates $61 million to Massachusetts.

The program will offer zero-interest loans program to several thousand homeowners in the state who are facing foreclosure because they lost their jobs and have depleted their savings, according to Shaun Donovan, secretary of the Department of Housing and Urban Development.

In some cases, the government loan could actually turn into a gift, officials said. Under the program, as much as $50,000 can be borrowed over two years, depending on the applicant’s qualifications. Borrowers who remain in their homes and stay current on mortgage payments for five years after that will not have to pay back all of the money; for those borrowers, the government will reduce their loan balance by 20 percent annually until it is eliminated, according to HUD.

So if you can rescue yourself with this loan program, the loan could be entirely forgiven in about ten years in you manage to stay afloat that long.

One of the qualifications, though, is that you can’t have too much other debt. Borrowers must have a “reasonable likelihood of being able to resume’’ paying their mortgage after two years by proving they did not have a high amount of debt before they became unemployed.

A bankruptcy filing might help some Massachusetts homeowners in this regard; it would be a way to wipe out extraneous debts, in order to qualify for the zero-interest loans.

If you have questions about this new program, watch this space, or give me a call at (978) 975 – 2608.

 

By Doug Beaton

Posted in Foreclosure | Comments closed

Ally Financial’s GMAC mortgage company in hot water over foreclosures

Ally Financial Inc.’s GMAC Mortgage unit has suspended foreclosures in 23 states amid suggestions that all the necessary paperwork is not in order.

The states affected are so-called judicial foreclosure jurisdictions, where a judge must sign off on the right to foreclose in court. Both Massachusetts and New Hampshire are not judicial foreclosure states, so the suspension does not apply here, but Massachusetts and New Hampshire homeowners with a GMAC mortgage in foreclosure can still seek bankruptcy relief.

 

By Doug Beaton

Posted in Bankruptcy News, Foreclosure | Comments closed

For love or Money? Shacking up to save a buck

According to Associated Press reporter Hope Yen, Census Bureau honchos are scratching their heads over a sudden spike in the the number of unmarried couples living together in the United States.

The number of opposite sex unmarried couples jumped 13 percent in just the last year. Unable to pinpoint any stunning sexual trends behind the jump, Census watchers are inclined to think more folks are sharing space for economic reasons.

“It would be odd to say this year was emotionally different, so it’s more likely practical considerations that are behind the increase in cohabitation,’’ said Rose Kreider, a family demographer at the Census Bureau.

If people are shacking up due to hard times, it figures that some number of them will be filing bankruptcy cases. The question then becomes, how will these folks be treated on the bankruptcy court’s means test, which focuses on “household income”? If these new relationships count as a two person household the threshold for qualifying for Chapter 7 goes up, but both persons must declare their income on the forms. And it stands to reason that it won’t be easy for some of these folks to be asking their new mates to publicly share their income tax data.

Stay tuned — only time will tell exactly how these issues will play out in bankruptcy .

 

By Doug Beaton

Posted in Bankruptcy News | Comments closed

Requiem for Blockbuster

The Boston Globe put up a good editorial on the Blockbuster bankruptcy case this morning, noting that “the video chain’s troubles are still sad for anyone who discovered a love of movies on the amply stocked aisle of a Blockbuster store.”

Its not often that a major newspaper shows some love for a chain store, but the Globe acknowledged that Blockbuster “stores were generally large. And the selection was rich enough that it spanned the film world from the Farrelly brothers and Jerry Bruckheimer to Akira Kurosawa and Pedro Almodovar. Just as Starbucks, for all its venti-skinny-latte absurdity, brought better coffee to vast swaths of America, Blockbuster’s expansion brought solid entertainment to many a quiet night in the ’burbs.”

In any case, this much-maligned company deserves credit for offering movies that would never play at the typical six-screen cineplex — and for making movie buffs out of millions of customers.

 

By Doug Beaton

Posted in Bankruptcy News | Comments closed
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