Blogs

5 years 3 weeks ago

.Part I of this short series on real estate transactions (read it here) talked about the title to the property. We saved title insurance for Part II. It’s its own animal.
Title insurance protects the buyer and the mortgage lender in the event a future problem is found with the title. Having an experienced Wisconsin real estate attorney on board early reduces the possibility that a problem will be found later. An experienced Wisconsin real estate attorney explains the title commitment to you. Most importantly, the attorney makes sure you understand liens, easements, and deed restrictions which remain on your property after purchasing.
Forgery, Fraud, and Heirs, oh my
Title insurance insures the piece of property with regard to claims, rights, and liens against the home or property being purchased. These claims sometimes include fraudulent titles, forged signatures, undisclosed heirs to the property, or spousal claims from ex’s. When a home is in a subdivision or is a condominium, the title insurance lists all the restrictions and covenants (rules) of the subdivision or condominium.
When Wynn at Law, LLC reviews the title, we will consult with our clients so they are aware of any title issues. The insurance, by the way, is optional if the buyer isn’t financing the purchase. A policy covering the mortgager is required by every lender when a home or second home is mortgaged or refinanced.
Three take-homes from this article:
First, from a buyer’s perspective, a buyer’s or owner’s title insurance policy is recommended even if there’s no lender involved. It is worth the relatively low cost in our experience and, customarily, the seller pays for the policy. It’s peace of mind.
Second, as the first article pointed out, when Wynn at Law, LLC is involved, our title review with the client is thorough. That doesn’t eliminate the need (or requirement) for title insurance. A mortgage company is going to protect itself. More importantly, the owner’s title insurance is like the shell on an egg – many people consider the purchase of their primary home and a vacation property as the nest egg worth protecting.
Third, the real estate attorney is not the insurer and has no role in issuing the policy or recommending a carrier. The title company or the mortgager does that. Wynn at Law, LLC does review the insurer’s title commitment with you.
 
Image by Aleksandar Stojanov, used with permission
The post The Real Estate Transaction, Part II: Title Insurance appeared first on Wynn at Law, LLC.



5 years 7 months ago

How Long Will a Repo Man Look for a Car Dallas TX Bankruptcy LawyerYou’re understandably attached to your car, and the thought of having it taken away can be almost unbearable. So can’t you just hide it and avoid the entire car repossession process? How long will a repo man look for a car that’s up for repossession?
If you’ve made it impossible for the repo man to get to your car, you’ve broken the law and the terms of your contract. This will cost you more money down the road. Below, we discuss what you need to know about hiding your car to avoid repossession and why it’s better to explore other options.
You’re Facing an Uphill Battle
It’s important to keep in mind that the repo man will likely not give up on repossessing your car. We’re talking about a trained professional whose livelihood depends on getting their hands on your vehicle. So they are not going to be easy to avoid.
A repo man can seize the vehicle in any place where the car is out in the open. This includes your property, even your driveway. Of course, they’re not allowed to use force, open a locked garage, or otherwise “breach the peace” — but you can bet they will be persistent.
How Long Will a Repo Man Look for a Car?
The repo man is paid by your creditor to go out looking for your car. When they find it, they’re directed to return it to the lot from which you bought it. They get paid by the trip — meaning the longer it takes them, the more money they make. So the repo man has no incentive to stop searching for your car.
On the other hand, there is a cost incurred by your lender to send the repo man out. Who do you think is going to pay that cost? If you guessed yourself, then you guessed right. The amount of money and time it took to repossess your vehicle will be tacked on to your balance when they sell the car.
The amount the creditor makes from the sale of your car is put toward your outstanding balance on the loan plus costs associated with selling and repossessing the car. So every time the lender has to send a repo man to try to find your car, you could be increasing the amount of money you owe. And if you acted in bad faith and hid the car illegally, the court may be less willing to listen to your arguments concerning lender malfeasance.
Repo Men Know Every Trick in the Book
Repo men have seen just about every trick consumers have tried to keep their car from being repossessed. So they may stake out your house for extended periods of time, survey the streets around your neighborhood, and even follow you when you go to the mall or grocery store. Since any public space is fair game, you may walk about of the store and find that your car is gone.
After the repo man has taken your car, they will present the lender for a bill delineating the costs associated with the repossession. The lender will pass that bill onto you and they are legally allowed to do so.
Hiding Your Car Is a Temporary Fix at Best
Trying to hid your car from the repo man is a kind of fraud. You agreed that not to do that when you signed the contract. So hiding your car means you went back on your word, and you can face both criminal and civil penalties for having done so.
The law punishes this type of deception with fines. So, while you thought you were trying to save your car, you now owe more money than you did before.
Prevent a Car Repossession Before It Happens
The lender can initiate a repossession without notice after you’ve missed one payment. Generally, they don’t want to because that opens them up to risk. On the other hand, because the repossession tactic is so successful, certain dealerships actually bank on and hope that you will default on your loan, since they can then collect all the money you’ve already paid and turn around and sell the car. At some lots, they look for those with poor credit, wait for them to default on the loan, and then put the car back up for sale. They can do this over and over and you’re still on the hook for the delinquent balance.
The first thing that you should do if you’re concerned about repossession is to read your loan contract. In it, you will find the details that you agreed to prior to driving the car off the lot. If you think you might come up short this month, give your lender a call, explain the situation, and give them a date by which you expect to have the money in full.
Despite this, some lenders will play hardball and declare your loan in default regardless of whether or not you call them or can make good on the payments next month.
Speak to a Dallas TX Repossession Lawyer
So how long will a repo man look for a car? The answer is simple — until they find it. Therefore, rather than hiding your car, it’s probably a better idea to look for different solutions to stopping repossession.
If you want to keep your car and are in financial trouble, talk to a bankruptcy attorney. We’ve helped plenty of folks keep their cars and their houses while discharging debts that make it more difficult for them to meet their payment obligations. To learn more about your options, contact Allmand Law Firm, PLLC today.
The post How Long Will a Repo Man Look for a Car? appeared first on Allmand Law.



5 years 7 months ago

Car Repossession Process Bankruptcy Attorney Dallas TXIf you’ve missed a car payment, and then another, and another, you may be facing the prospect of having your car taken away from you. Vehicle lenders have specific rights, which end only when you have paid off your loan obligation. These rights will be laid out on the contract you signed when you drove the car off the lot. And one of these rights is to take the car back or “repossess” it if you fail to make timely payments. However, there is a process to repossessing a vehicle legally. Learn more about the car repossession process below.
What Rights Does the Lender Have Over Your Vehicle?
Once you default on your loan, the creditor can initiate the car repossession process and sell your contract to a third party (called an assignee). They can also seize and sell the vehicle to recoup the costs. Some lenders may be more aggressive than others, but the FTC does impose rules that creditors must abide by or they lose their rights against you.
After the default has been declared, the creditor may come on to your property at any time, without notice, and repossess the vehicle. The law prohibits you from hiding the vehicle if the creditor has announced that they intend to repossess your car.
There are, however, limitations on the repo man can and cannot do. For example, they may not threaten you, use physical violence, or attempt to enter a locked garage. In the event that your creditor “breaches the peace” in an attempt to repossess the car, you may be entitled to collect damages.
What Is a Deficiency Judgment?
A creditor may decide to sue you in order to collect a deficiency judgment — in other words, the difference between what you agreed to pay on the loan and what the creditor was able to recover in the process of selling the car. The creditor may also try to charge you for costs related to the repossession and selling of the car.
However, the lender has a duty to attempt to sell the car at a “reasonable” cost or somewhere near the fair market value of the vehicle at the time of repossession. They cannot simply give the vehicle away for a few grand and then hold you accountable for the difference. If they do, you can raise this as a defense to a deficiency judgment.
How the Lender Will Try to Collect a Deficiency Judgment
Most consumers, especially those in financial trouble, aren’t enthused about paying on cars that were taken away from them for non-payment. However, the creditor is entitled to the deficiency balance discussed above. If they want to recover that money, they usually have to sue you for the balance or let it go into collections. On the other hand, if the creditor manages to recover more than the loan amount, they are required to pay you that sum of money. For reasons that are probably quite obvious, that almost never happens.
Once the lawsuit is in motion, the creditor’s hands must be clean in order to recover the money they say they’re owed. If they used any illegal tactics in repossessing the car or otherwise did not follow state and federal laws when initiating the repossession, they do not have legal standing to collect the deficient amount of money. The lender must abide by the rules of the vehicle repossession process set forth under Texas and federal law.
Additionally, there is a statute of limitations on debt collections. If the creditor attempts to bring the suit outside the statute of limitations, the case will be dismissed and they won’t collect a dime.
Can You Buy Your Vehicle Back?
You do have the option of buying your car back, but you will generally need to pay both the delinquent balance and the entire remaining debt. In lieu of that option, you can also bid on the car at a repossession sale. Of course, most people behind on their payments are struggling financially and can’t afford that option.
Texas is not among the states that allow consumers to “reinstate” loans after they have gone into default. This means that you won’t be able to reclaim your car by paying the amount you’re behind on the loan.
What Can You Do If Your Car Is Repossessed?
If you believe a mistake has been made, you should contact your lender immediately. There may have an error in their accounting marked your account as delinquent when it’s not.
If there was no mistake and your car was repossessed because you defaulted on the loan, you will have to pay the remaining balance on the loan in order to get your car back. This may, however, not be in your best financial interests or even feasible in your current situation. In some cases, you may be able to work with your lender to create a new payment plan.
Lastly, if you are facing the loss of the vehicle or paying money on a vehicle that was taken away from you, you can declare bankruptcy as a means of forestalling the repossession. It may help you free up money to pay your car or discharge debts owed on a car you no longer have.
If you are already in a bankruptcy, speak to your attorney about your rights to your vehicle during that process.
Learn More About the Car Repossession Process in Texas
If you’re facing repossession or have already had your car taken, talk to a Dallas TX bankruptcy attorney at Allmand Law Firm, PLLC to discuss your options.
The post What Is the Car Repossession Process? appeared first on Allmand Law.



5 years 7 months ago

Can Bankruptcy Help Stop Repossession? Bankruptcy and Auto Repossession

how to stop repossession, Dallas, Hurst bankruptcy attorneyBankruptcy is designed to protect individuals or businesses that are unable to meet their financial obligations–and provide protection to involved creditors as well. While bankruptcy is a serious procedure and should only be considered if absolutely necessary, sometimes it is the best solution for those suffering severe financial hardship.  And, for some, it may be the only solution.
One area that bankruptcy can be particularly helpful in alleviating financial hardship is by protecting property that may be in danger of repossession . This is when creditors take back goods that buyers are failing to make timely loan payments on. Some loans are secured–meaning the buyer has put down some form of collateral, often the item being purchased–while some are unsecured–typically credit cards.  If you default on an unsecured loan, the only option creditors have when collection attempts have failed is to sue. But with a secured loan, creditors can repossess the collateral and sell it. Of course, if that doesn’t provide sufficient funds to wipe out the loan, they can then sue you for the remainder of the loan balance.
Bankruptcy Can Stop the Repossession Process
Bankruptcy can sometimes help cancel the debt, or even allow you to stop the repossession process. After filing a bankruptcy petition in bankruptcy court, all creditors are prevented from making any further collection attempts.  This is also known as an “Automatic Stay”, which is an automatic order from the bankruptcy court issued upon the filing of a bankruptcy petition to all creditors. This applies to creditors attempting to repossess collateral such as automobiles.
 Filing a Chapter 7 Bankruptcy to Stop Repossession
If you file for chapter 7 bankruptcy in order to stop repossession, you’ll have to make arrangements with the creditor to bring all payments current after filing for bankruptcy. If you want to keep the car after bankruptcy, you’ll need to sign a reaffirmation agreement and make all payments after the bankruptcy.
 Filing a Chapter 13 Bankruptcy to Stop Repossession
In a chapter 13 bankruptcy , the repossession will be stopped and the debtor gains the chance to repay the value of the car to the creditor through the chapter 13 plan. Chapter 13 is beneficial to debtors owing more on a car than what it is worth, since chapter 13 payment plans can lower car payments on car loans where the debtor owes more than the car is worth.
If you’re thinking about filing for bankruptcy in order to stop repossession in you should seek out an experienced Dallas bankruptcy attorney in order to find out which option will work the best in your particular situation.
Have Questions About Auto Repossession and Bankruptcy?
If you have any questions regarding repossessions and bankruptcy don’t hesitate to ask, simply give us a call or fill out our contact form to set up a free consultation.

Car Repossession and Bankruptcy

 Stop Car Repossession by Filing Bankruptcy
Bankruptcy Can Stop Car Repossession
Anyone who has suffered car repossession knows that is can happen quickly. Even if a debtor is only a few weeks behind on their car payment, repossession can take place fast and without warning. Most people who suffer car repossession have been having financial trouble for some time; but unfortunately they chose to not contact the lender or a bankruptcy attorney to find a solution. You do not need to lose your car to repossession.
Here’s what you need to know:
Some Lenders are Willing to Temporarily Lower or Defer Your Car Payment
But they won’t offer such a deal if you don’t call them. If you feel that you are going to miss a payment, don’t delay, call you lender now and see if they can reduce or defer your payment temporarily.
When a debtor files bankruptcy the “automatic stay” will stop all collections activities against you. But once discharged out of Chapter 7 bankruptcy or in the repayment phase of Chapter 13 bankruptcy you will still need to make payments on your car if you want to keep it.  Alternatively, you can do a voluntary repossession during bankruptcy. The lender will auction the vehicle and the balance on your loan may be discharged in Chapter 7 bankruptcy. In Chapter 13 bankruptcy you can repay your car loan (plus any late payments) through the repayment plan.
If a Lender Repossesses Your Car Outside of Bankruptcy
If a lender repossesses your car outside of bankruptcy and auctions it off for less than what you owe, they could come after you for the balance. Even at this point you can file bankruptcy and discharge the deficiency balance in a Chapter 7 bankruptcy.
Have Questions About Car Repossession and Bankruptcy?
If you are trying to stop a car repossession, we can help. If you would like, you can give us a call or fill out our contact form to set up a free consultation.

Five Ways To Avoid Vehicle Repossession

Avoid Car Repossessions
Ways To Stop Vehicle Repossession
Refinance You Car Loan
If you are worried about vehicle repossession because you recently lost your job or experienced a salary cut and your credit score is still good, you may be able to refinance your vehicle and get a lower monthly payment.
Ask For A Car Loan Modification
If you can see that you’re having trouble paying your car loan avoid a future repossession by asking for a modification of your car loan before you fall behind on payments. For example, if you have a car loan with 24 months remaining to pay, ask your lender if you can extend the term to 30 or more months. This can reduce your monthly payment significantly and help you avoid repossession.
Ask For A Deferment
If you are falling behind on your car loan payments and fear repossession, consider asking your lender if you can skip one payment. Some lenders may be in agreement and tack the deferred payment onto the end of your car loan’s term. Therefore if you had 30 months to pay back a car loan, the deferment would make the new repayment time 31 months.
Request A Late Charge Waiver
If you’re behind on your car loan payments by a few months, those late charges can really add up. A matter of fact if you fail to pay the late charges, the lender has the right to repossess your vehicle. However, the truth is that most lenders do not want to repossess your vehicle and would prefer to work out a compromise. If you can prove that waiving or reducing the late fees will help you get bring your car loan payments current, many lenders may be willing to waive or at least reduce those charges.
File Bankruptcy
If you’re significantly behind on your car payments and other bills, filing bankruptcy may be your best way to avoid repossession. Both Chapter 7 bankruptcy and Chapter 13 bankruptcy offer viable options for debtors who want to keep their car.

Repossession and Your Personal Property

As many Texans suffer job losses or salary reductions, many are facing vehicle repossessions . Facing a repossession can be upsetting and disruptive under any circumstance; but especially if the vehicle is repossessed while your personal property is still in it.
Creditors Do Not Have the Right to Keep or Sell Your Personal Property
The first thing car owners need to know is that creditors do not have the right to keep or sell your personal property that is found in a repossessed vehicle. They must also take reasonable care to prevent someone else from taking your personal items left in a repossessed vehicle. That said here’s the reality car owners are facing.
Reality Check #1 – Although the law allows you to claim your personal property from a repossessed vehicle, the logistics or doing so may be a bit more challenging. For example, if you have left something truly valuable in your repossessed vehicle, such as cash, jewelry or even electronics such as an iPod, how do you prove that you actually left them in the car?
Reality Check #2 – Although the law requires that the creditor take reasonable care to prevent others from taking your property, what does that really mean? This rule is too vague to count on to protect your property when facing repossession.
Car owners facing repossession should not wait for the repo man to show up at their door or driveway. Be proactive in handling any pending repossession. Many lenders are willing to negotiate with delinquent borrowers and bankruptcy offers the opportunity to keep your car by making reasonable payments over a period of time. Explore all of your options, including bankruptcy before repossession strikes you.

When Facing Repossession Your Best Weapons Are Fast Action And Bankruptcy

Anyone with a pulse knows that the economy is just simply crazy. One minute you have a stable job of 20 years and the next thing you know you’re jobless. With layoffs increasing and credit decreasing many ordinary people are finding that they just can’t make the payments on their vehicles, even if it’s as little as $200 a month. Because of this, repossessions in Dallas-Fort Worth are climbing at an alarming rate. Even the car loan companies can’t keep up with the pace. According to an article in The San Antonio News, there are more repossessions now than they have been in the past 20 years.
A repo man quoted in the article says that there are so many repossessions that he is now repossessing vehicles that are as much as four months behind in payments. Just a few years ago, being behind one or two months could get your car repossessed. But those delinquent car owners aren’t giving up their repossessed property quietly, many become violent. That’s a big mistake when facing repossession . Although Texas law gives property owners the right to use force to protect their property, those carrying out repossession are protected from violence. The best action a car owner can take when facing repossession is to file for Chapter 13 bankruptcy as soon as they know that they are unable to make payments. Don’t delay and don’t wait until after your vehicle has been repossessed to file for Chapter 13 bankruptcy , by then it’s probably too late.
Contact Us Today

How Should Debtors Handle Repossessions When Considering Bankruptcy?

How Should Debtors Handle Repossessions When Considering Bankruptcy?If you’re behind on your car payments you have probably considered filing bankruptcy. The only problem is that if your car is repossessed and sold at auction before you file your bankruptcy, there is no way of getting it back.  So what should a debtor do if they are facing repossession while they are still considering bankruptcy?
Let’s take a look at a few tips:

  1. The first thing a debtor considering bankruptcy should do if facing repossession, is contact their vehicle finance lender by phone and letter.  Try to see if they are willing to give you a reprieve of another 30 days or more while you sort out your financial issues. You don’t need to announce that you are considering bankruptcy, just simply tell them that you need more time.  Remember, most vehicle loan companies don’t want to use repossession if they don’t have to.
  2. Keep your vehicle in a closed and locked garage, at least until you can file bankruptcy. In the state of Texas, the repo-man does not have the right to forcibly break into your house (and your garage is part of your house) or enter a closed gate when trying to repossess a vehicle.  Furthermore, they cannot forcibly remove you from your vehicle.  On the note of using force, DO NOT ever attempt to physically or even verbally stop a repossession agent from doing their job, doing so could get you hurt or put in jail.
  3. If repossession of your vehicle is imminent, contact a Dallas bankruptcy attorney immediately so that they can file your bankruptcy fast.  Sometimes a bankruptcy attorney can file what’s called an “emergency bankruptcy” if the circumstances call for such action.

Can Bankruptcy Help Get My Vehicle Back After Repossession?

Filing Bankruptcy to Get Car Back After Repossession
Filing Bankruptcy After Repossession
Bankruptcy is known for helping people stop vehicle repossession when they file before the lender attempts to take the property. But what happens if the repossession has taken place before your petition was filed? Can you get it back? There is a possibility you can get your vehicle returned to you after beginning the filing process, yet under certain circumstances.
If you fall behind on vehicle payments you may be able to file Chapter 13 bankruptcy to help get current. Yet, in a situation in which the vehicle was repossessed before you filed for protection, you may be able to file a motion for turnover.  This is a court issued order for the lender to return the vehicle to you.  In this sense, your vehicle needs to be a necessity to your household. In other words, if it is needed to help you get to and from work so you can earn income to make payments, you may want to review whether filing the motion is an option.
In some cases, once the vehicle has been taken by the lender, the debtor questions whether they should consider trying to get it back. You may need to set up a payment agreement with the lender and have it approved by the court, likely setting up a repayment schedule for Chapter 13.  It is also possible a motion may not be needed to be filed for the car to be returned to you if the lender learns about your bankruptcy. Plus, some debtors decide not to get their vehicle back; after obtaining a discharge it may be easier to get a different vehicle with a better monthly payment.  Discuss your situation with your bankruptcy attorney .
Reference:  http://www.nolo.com/legal-encyclopedia/lender-repossessed-car-before-bankruptcy-get-back.html

Rebuilding Credit After Repossession
Over the last couple of weeks, almost every news channel featured the new cash for clunkers program explaining the details of the program incentive. The hope was the program would stimulate new cars sales and reduce the number of gas guzzlers on the road.  Now the headlines are different.  Almost as quickly as it came, Congress is having second thoughts and is considering suspension of the program.  According to a CBS 11 news update, the new program may already be gone because of funding concerns.  The article said:  “No one knows for sure how much money is left in the program, because the government website that’s handling the program is bogged down with the huge number of submissions it’s getting.”  Around 10,000 cars have been sold under this program in the Dallas Fort-Worth area since the program started last week.
Regardless of the commentary on Congress underfunding another program, there are some additional things to remember from this experience.  The first is that this program, just like any other, can lure consumers that weren’t looking to originally purchase a vehicle.  Many people end up in financial distress because of lack of planning.  Jeff Bartlett, deputy online auto editor for ConsumerReports.org, provides sound advice when you are considering a new car purchase.
His suggestions include:
1.  “Don’t be swayed by all the incentives. Focus on finding the best car for your needs, one that’s safe, reliable and has low owner costs. Then look to the incentives, because there are deals to be had from almost every company.”
2.  “Make sure you shop around for financing and go into the dealership knowing you are pre-qualified for a reasonable loan. They’ll be able to tell you right away if the dealer can beat or match that.”
If you have already gone through bankruptcy, one of the best ways to rebuild your credit is to make good financial decisions going forward.  The Cash for Clunkers program came with lots of promise and bells and whistles.  It probably helped many people get a new car that needed one.  However, it also had the effect of luring people that weren’t planning a purchase into the car lots.  When you’re looking to rebuild, resist the lure and do your research before you decide to buy.  You may end up with an additional monthly expense at a time when you don’t need one.  Also consider the collateral expenses.  If your old car was paid for and you utilized an incentive like the Cash For Clunkers to get better financing, you may still end up in a worse situation because of higher insurance premiums for financed vehicles.
The second major lesson out of the Cash for Clunker experience is know what things are going to cost you, especially when you are rebuilding credit.  Whether it’s this program or the latest add for digital TV service, understand and know the cost before you sign.  Just like the federal government, many consumers jump into new financial obligations without assessing the full cost of the program.  Also consider whether you’re jumping in because you need the new expense, or whether you’ve simply been tempting by creative advertising.
Bankruptcy is a valuable tool in your financial recovery especially if you are trying to stop repossession .  However, it is just the first step.  Don’t squander your financial strides with impulse purchases.  Instead, continue your efforts by making plans for financial success.

Post-Bankruptcy Survival: Facing Car Repossession?

If you’re a few years out of bankruptcy and facing financial difficulties again, it can be disheartening. For debtors who reaffirmed a car loan or took on a new car loan after their bankruptcy discharge, unemployment, underemployed or a medical crisis can bring on a slew of issues including vehicle repossession. So how do you cope when you’re facing car repossession and you don’t have the option to file bankruptcy again?
Below are a few tips:

  • The first thing a post-bankruptcy debtor should do is face the fact that they are having issues early.  If you’ve been keeping a budget, then you will be able to see problems before they arise.  If you just lost your job or received a pay cut then you know that you may have issues paying your car note. Don’t ignore that reality.
  • Contact the lender and find out if they can modify the loan or somehow give you a little more time to earn more money so that you can pay the car note. What post-bankruptcy debtors don’t want to do is ignore the lender and then start paying late or skipping payments.  The lender will either say yes or no, so don’t be afraid to at least ask.
  • If you are unable to get concessions from your lender, consider selling the vehicle.  You’ll get a lot more money if you sell it yourself then if they sell it after repossession. But whatever you do make sure that you sell the vehicle for enough money to cover the outstanding loan balance.
  • If you are unable to sell your vehicle or if the lender has already repossessed the car, you need to find out if you will owe a balance. Even after the lender sells the car at auction there could still be an outstanding balance on the loan which they will expect you to pay. Under normal circumstances you would be able to discharge this balance in bankruptcy; but if you recently exited bankruptcy that won’t be an option.
  • If you owe a balance and are unable to file bankruptcy, try to work out a payment arrangement with your lender so that you can repay the balance and avoid future lawsuits and garnishments.

Chapter 11 Bankruptcy News: Why The Spike in Homeowner Repossessions?

 Why The Spike in Homeowner Repossessions?
Ever since the “official” start of the recession in December 2007, homeowner foreclosures and Chapter 11 bankruptcy filings have been skyrocketing across the United States and around the world – with no signs of slowing down.  In fact, recent statistics released by the Council of Mortgage Lenders in the UK revealed that foreclosures could increase by up to 200 per day, which is certainly not a number to sneeze at.  And as we’ve learned from the Great Recession, what happens in Europe tends to happen here – and high-income earners are often the first to be hit, thus resulting in increased Chapter 11 bankruptcy petitions.
Can Filing Chapter 11 Help When Facing Repossession?
With many experts claiming that the worse is yet to come in regards to the housing industry, many homeowners are left scratching their heads: why are homeowner repossessions drastically spiking, and can filing for a Chapter 11 bankruptcy help in the face of repossession?
Financial experts agree that the tremendous rise in homeowner repossessions is due in large part to the tightening hold of the credit crunch.  As the risk of a double-dip recession looks like a certainty, many businesses are forced to cut staff in order to make ends meet – which means that many consumers have now found themselves out of a job.  Additionally, many high-income earners who still have a job are finding their budgets tightening while their variable mortgage payments are rising – a classic scenario caused by the confident housing market of the 90s.  These factors all contribute to the spike in homeowner repossessions and Chapter 11 bankruptcy petitions.
Yet if you’re being faced with a looming repossession, you don’t have to resign yourself to losing your home.  In fact, many lenders are willing to work with their clients in order to help them keep their houses.  For example, a popular move enacted by mortgage lenders includes giving a repayment vacation, where a consumer doesn’t have to pay for a month in order to get his or her finances back on track.  Additionally, lenders can set up new payment plans that can go a long way towards making monthly payments more manageable.  This is often one of the main benefits of filing for Chapter 11 bankruptcy, as you’re given a payment plan that allows your creditors to collect on what they’re owed. After all, lenders certainly don’t want to lose their money by repossessing your home.
Call us today for a free bankruptcy consultation
If you’re faced with repossession, make sure you exhaust every outlet.  Lenders and banks are typically lenient when it comes to what they’re willing to do to make sure that you keep your home.  If you still have trouble making payments after negotiating with your lender, turn to bankruptcy courts by filing for a Chapter 11 bankruptcy.  It may just be the last move you have left to save your finances – including that of your home.

Are We Heading for a Car Repossession Crisis?

According to an article in the Star-Telegram, we may be heading for a car financing crisis with many car buyers unable to find financing for a new/used car or unable to pay off existing car loans and/or facing car repossession.
What the Article Said
Some 3.25 percent of all indirect auto loans were at least 30 days overdue in the third quarter, the American Bankers Association reports. That’s the worst showing since the group began compiling such numbers in 1980. Indirect loans are those arranged by a third party, typically an auto dealer, and they account for 90 percent of all car loans.
Many consumers are receiving car loans from the subprime market which are very costly with high interest rates. Currently, the number of repossessions on cars financed with these types of loans is skyrocketing as more consumers face job losses and foreclosures. There was a recent report about how Repo men were finding it difficult to make a living because those facing repossessions are fighting harder to hold on to their cars by hiding them. If the trends continue in their current direction we may see a crisis in the car industry similar to real estate with more Americans facing repossession of their vehicles.
Contact an Attorney to Learn More About Your Options
Unless you live in New York or another city with highly developed transportation systems, having a car is an essential life tool. Without a car many Americans cannot make the often long commutes to their jobs. Fortunately, using bankruptcy, a debtor may be able to keep their car if they need it to get to work. If you are facing a repossession or you suspect that you won’t be able to continue to pay for you car loan, contact a bankruptcy attorney today to find out your bankruptcy options.
Call for a free consultation

Car Owners Attempt to Avoid Repossession by Destroying Their Cars

According to an article in the Star-Telegram, many desperate car owners facing financial problems and possible repossession are secretly destroying their vehicles and filing false insurance claims.
The article said:
…financially strapped car owners are torching, sinking or ditching their vehicles and then reporting them stolen to cash in on the insurance. SUVs have been found ablaze in the Nevada desert, cars have been dumped in a Miami canal and a BMW was discovered buried in a field in Texas. Some vehicles have been parked in the path of a hurricane.
Many car owners who are completely overwhelmed with pending foreclosures, delinquent credit cards and possible repossession, falsely believe that by secretly destroying their car and reporting it stolen is an easy way out of repossession and other financial troubles.  That couldn’t be further from the truth.  If a car owner files a false insurance claim, he/she could face felony charges of insurance fraud, making false statements to police and insurance providers.  That means a possible prison term and an order to pay restitution.  And just in case you’re wondering, that restitution order would not be dischargeable in bankruptcy.
It’s sad to see car owners going to such desperate measures to avoid repossession when bankruptcy offers an easier and legal solution.  Dallas-Fort Worth residents facing repossession may be able to save their vehicle by filing bankruptcy.  To find out how you can stop repossession of your vehicle using bankruptcy, contact a Dallas-Fort Worth bankruptcy attorney today.

Huge Spike in Home Repossessions During Lingering Foreclosure Crisis

While the rate of new foreclosures may be returning to normal, the damage caused by the past decade’s housing disaster is still lingering. According to RealtyTrac, a foreclosure analytics and sales company, bank repossessions have jumped 66 percent over the rate from this same time last year – the largest rise the company has ever recorded. In the space of just three months, over 123,000 homes were repossessed.
In some states, foreclosure activity can take time to complete – more than three years in states like New Jersey and New York, for example. Banks in these states have finally been able work through their backlogs, and are now moving forward with record numbers of foreclosures. Currently, New Jersey has the nation’s top foreclosure rate (1:451).
Texas is also seeing an increase in foreclosure activity. In Texas, one in every 1687 homes forecloses. In Galveston County alone, the rate of foreclosure is one in 786.
Facing Foreclosure in Dallas/Fort Worth?
The fear of losing one’s home is one of the most distressing situations a person can face. If you are struggling to make your monthly mortgage payments, we want you to know that you have options. A Dallas bankruptcy attorney at Allmand Law Firm, PLLC can offer you a
FREE financial empowerment session to discuss your unique situation and come up with personalized solutions.
Foreclosure doesn’t happen overnight – if you have missed several payments, and have not had success with other methods to avoid foreclosure, then bankruptcy may be the best option for you. Chapter 7 bankruptcy can delay foreclosure, while a Chapter 13 filing may even help you save your home. Work with a lawyer at Allmand Law Firm, PLLC to find out which option will work in your best interests.
Our goal is to help good people through bad times. We encourage you to get in touch with our firm today at (214) 884-4020.

When Repossessions Become Deadly: How To Avoid The Violence

According to an article in the Star-Telegram, a 67-year-old railroad retiree is dead after confronting a repo man attempting to tow away his vehicle at 2:30 in the morning.
The article said:
Alone in his mobile home off a winding dirt road, Jimmy Tanks heard a commotion at 2:30 a.m. just outside his bedroom window: Somebody was messing with his car. 
The 67-year-old railroad retiree grabbed a gun, walked out the back door and confronted not a thief but a repo man and two helpers trying to tow off the Chrysler Sebring. Shots were fired, and Tanks wound up dead, a bullet in his chest. The man who came to repossess the car, Kenneth Alvin Smith, is awaiting trial on a murder charge in a state considered a Wild West territory even by the standards of an industry that’s largely unregulated nationally. This story is an unnecessary tragedy.
Let’s discuss some ground rules for dealing with repossessions:

  • Never confront the repo man especially with a gun or other weapon.
  • If you know that your vehicle payments are delinquent, be mentally prepared to face repossession eventually especially if you haven’t taken actions such as filing bankruptcy to stop repossession.
  • If your vehicle is in jeopardy of being repossessed, speak with a bankruptcy attorney to find out how you can stop the repossession and save your vehicle using bankruptcy.
  • Never jeopardize your life or the lives of others for a vehicle or any other type of property being repossessed.

As the economy worsens not only are people facing job losses, repossessions and foreclosures, they are facing anger which is making matters related to money literally dangerous and life threatening. It is important for those facing financial crisis to consider all of their options, including bankruptcy BEFORE their property is repossessed or foreclosed on. But whatever you do please DO NOT physically confront those who are repossessing your property, at best you can end up in jail and at worse — dead.

Rich Lose Their Jets To Repossession

Rich Lose Their Jets To RepossessionThe economy isn’t getting better as many have guessed by now, but the pain does seem to be spreading to even the wealthiest among us. Many repossession agents are reporting that the retaking of private planes has increased dramatically as many wealthy individuals run out of cash needed to maintain and operate them..  Some of the jets, worth more than $20 million are in poor shape after sitting idle for months. The owners of these airplanes facing repossession include corporations and affluent individuals who have fallen on hard times and have decided to put their jets on the back burner to deal with more pressing financial issues.  And many lenders and repo-men specializing in the repossession of private plans say that their business is set to increase in volume this year.
“The small, single-engine Cessnas and Pipers are being repossessed all the way on up to 747s,” says Terence Haglund, founder of the Aviation Law Center, who represents many lenders. “It’s definitely recession-related, and it’s been increasing for the last couple of years.”
But unfortunately for the lenders hoping to repossesses the private plane and auction it off to make back some of the defaulted loan, many of the planes are worth only a fraction of what the owners paid for them originally. In what seems to be aviation’s own upside-down lending crisis, many of the jets and small airplanes have lost significant value since the recession began.  And to top it off, there aren’t many lenders willing to grant many a loan to finance an airplane.
Call our bankruptcy lawyer today

The post How to Stop Repossession appeared first on Allmand Law.



5 years 7 months ago

Can Bankruptcy Help Stop Repossession? Bankruptcy and Auto Repossession

how to stop repossession, Dallas, Hurst bankruptcy attorneyBankruptcy is designed to protect individuals or businesses that are unable to meet their financial obligations — and provide protection to involved creditors as well. While bankruptcy is a serious procedure and should only be considered if absolutely necessary, sometimes it is the best solution for those suffering severe financial hardship.  And, for some, it may be the only solution.
One area that bankruptcy can be particularly helpful in alleviating financial hardship is by protecting property that may be in danger of repossession. This is when creditors take back goods that buyers are failing to make timely loan payments on. Some loans are secured — meaning the buyer has put down some form of collateral, often the item being purchased — while some are unsecured — typically credit cards.  If you default on an unsecured loan, the only option creditors have when collection attempts have failed is to sue. But with a secured loan, creditors can repossess the collateral and sell it. Of course, if that doesn’t provide sufficient funds to wipe out the loan, they can then sue you for the remainder of the loan balance.
Bankruptcy Can Stop the Repossession Process
Bankruptcy can sometimes help cancel the debt, or even allow you to stop the repossession process. After filing a bankruptcy petition in bankruptcy court, all creditors are prevented from making any further collection attempts.  This is also known as an “Automatic Stay”, which is an automatic order from the bankruptcy court issued upon the filing of a bankruptcy petition to all creditors. This applies to creditors attempting to repossess collateral such as automobiles.
 Filing a Chapter 7 Bankruptcy to Stop Repossession
If you file for Chapter 7 bankruptcy in order to stop repossession, you’ll have to make arrangements with the creditor to bring all payments current after filing for bankruptcy. If you want to keep the car after bankruptcy, you’ll need to sign a reaffirmation agreement and make all payments after the bankruptcy.
 Filing a Chapter 13 Bankruptcy to Stop Repossession
In a Chapter 13 bankruptcy , the repossession will be stopped and the debtor gains the chance to repay the value of the car to the creditor through the chapter 13 plan. Chapter 13 is beneficial to debtors owing more on a car than what it is worth, since chapter 13 payment plans can lower car payments on car loans where the debtor owes more than the car is worth.
If you’re thinking about filing for bankruptcy in order to stop repossession in you should seek out an experienced Dallas bankruptcy attorney in order to find out which option will work the best in your particular situation.
Have Questions About Auto Repossession and Bankruptcy?
If you have any questions regarding repossessions and bankruptcy don’t hesitate to ask, simply give us a call or fill out our contact form to set up a free consultation.

Car Repossession and Bankruptcy

 Stop Car Repossession by Filing Bankruptcy
Bankruptcy Can Stop Car Repossession
Anyone who has suffered car repossession knows that is can happen quickly. Even if a debtor is only a few weeks behind on their car payment, repossession can take place fast and without warning. Most people who suffer car repossession have been having financial trouble for some time; but unfortunately they chose to not contact the lender or a bankruptcy attorney to find a solution. You do not need to lose your car to repossession.
Here’s what you need to know:
Some Lenders are Willing to Temporarily Lower or Defer Your Car Payment
But they won’t offer such a deal if you don’t call them. If you feel that you are going to miss a payment, don’t delay, call you lender now and see if they can reduce or defer your payment temporarily.
When a debtor files bankruptcy the “automatic stay” will stop all collections activities against you. But once discharged out of Chapter 7 bankruptcy or in the repayment phase of Chapter 13 bankruptcy you will still need to make payments on your car if you want to keep it.  Alternatively, you can do a voluntary repossession during bankruptcy. The lender will auction the vehicle and the balance on your loan may be discharged in Chapter 7 bankruptcy. In Chapter 13 bankruptcy you can repay your car loan (plus any late payments) through the repayment plan.
If a Lender Repossesses Your Car Outside of Bankruptcy
If a lender repossesses your car outside of bankruptcy and auctions it off for less than what you owe, they could come after you for the balance. Even at this point you can file bankruptcy and discharge the deficiency balance in a Chapter 7 bankruptcy.
Have Questions About Car Repossession and Bankruptcy?
If you are trying to stop a car repossession, we can help. If you would like, you can give us a call or fill out our contact form to set up a free consultation.

Five Ways To Avoid Vehicle Repossession

Avoid Car Repossessions
Ways To Stop Vehicle Repossession
Refinance You Car Loan
If you are worried about vehicle repossession because you recently lost your job or experienced a salary cut and your credit score is still good, you may be able to refinance your vehicle and get a lower monthly payment.
Ask For A Car Loan Modification
If you can see that you’re having trouble paying your car loan avoid a future repossession by asking for a modification of your car loan before you fall behind on payments. For example, if you have a car loan with 24 months remaining to pay, ask your lender if you can extend the term to 30 or more months. This can reduce your monthly payment significantly and help you avoid repossession.
Ask For A Deferment
If you are falling behind on your car loan payments and fear repossession, consider asking your lender if you can skip one payment. Some lenders may be in agreement and tack the deferred payment onto the end of your car loan’s term. Therefore if you had 30 months to pay back a car loan, the deferment would make the new repayment time 31 months.
Request A Late Charge Waiver
If you’re behind on your car loan payments by a few months, those late charges can really add up. A matter of fact if you fail to pay the late charges, the lender has the right to repossess your vehicle. However, the truth is that most lenders do not want to repossess your vehicle and would prefer to work out a compromise. If you can prove that waiving or reducing the late fees will help you get bring your car loan payments current, many lenders may be willing to waive or at least reduce those charges.
File Bankruptcy
If you’re significantly behind on your car payments and other bills, filing bankruptcy may be your best way to avoid repossession. Both Chapter 7 bankruptcy and Chapter 13 bankruptcy offer viable options for debtors who want to keep their car.

Repossession and Your Personal Property

As many Texans suffer job losses or salary reductions, many are facing vehicle repossessions. Facing a repossession can be upsetting and disruptive under any circumstance; but especially if the vehicle is repossessed while your personal property is still in it.
Creditors Do Not Have the Right to Keep or Sell Your Personal Property
The first thing car owners need to know is that creditors do not have the right to keep or sell your personal property that is found in a repossessed vehicle. They must also take reasonable care to prevent someone else from taking your personal items left in a repossessed vehicle. That said here’s the reality car owners are facing.
Reality Check #1 – Although the law allows you to claim your personal property from a repossessed vehicle, the logistics or doing so may be a bit more challenging. For example, if you have left something truly valuable in your repossessed vehicle, such as cash, jewelry or even electronics such as an iPod, how do you prove that you actually left them in the car?
Reality Check #2 – Although the law requires that the creditor take reasonable care to prevent others from taking your property, what does that really mean? This rule is too vague to count on to protect your property when facing repossession.
Car owners facing repossession should not wait for the repo man to show up at their door or driveway. Be proactive in handling any pending repossession. Many lenders are willing to negotiate with delinquent borrowers and bankruptcy offers the opportunity to keep your car by making reasonable payments over a period of time. Explore all of your options, including bankruptcy before repossession strikes you.

When Facing Repossession Your Best Weapons Are Fast Action And Bankruptcy

Anyone with a pulse knows that the economy is just simply crazy. One minute you have a stable job of 20 years and the next thing you know you’re jobless. With layoffs increasing and credit decreasing many ordinary people are finding that they just can’t make the payments on their vehicles, even if it’s as little as $200 a month. Because of this, repossessions in Dallas-Fort Worth are climbing at an alarming rate. Even the car loan companies can’t keep up with the pace. According to an article in The San Antonio News, there are more repossessions now than they have been in the past 20 years.
A repo man quoted in the article says that there are so many repossessions that he is now repossessing vehicles that are as much as four months behind in payments. Just a few years ago, being behind one or two months could get your car repossessed. But those delinquent car owners aren’t giving up their repossessed property quietly, many become violent. That’s a big mistake when facing repossession. Although Texas law gives property owners the right to use force to protect their property, those carrying out repossession are protected from violence. The best action a car owner can take when facing repossession is to file for Chapter 13 bankruptcy as soon as they know that they are unable to make payments. Don’t delay and don’t wait until after your vehicle has been repossessed to file for Chapter 13 bankruptcy, by then it’s probably too late.

How Should Debtors Handle Repossessions When Considering Bankruptcy?

How Should Debtors Handle Repossessions When Considering Bankruptcy?If you’re behind on your car payments you have probably considered filing bankruptcy. The only problem is that if your car is repossessed and sold at auction before you file your bankruptcy, there is no way of getting it back.  So what should a debtor do if they are facing repossession while they are still considering bankruptcy?
Let’s take a look at a few tips:

  1. The first thing a debtor considering bankruptcy should do if facing repossession, is contact their vehicle finance lender by phone and letter.  Try to see if they are willing to give you a reprieve of another 30 days or more while you sort out your financial issues. You don’t need to announce that you are considering bankruptcy, just simply tell them that you need more time.  Remember, most vehicle loan companies don’t want to use repossession if they don’t have to.
  2. Keep your vehicle in a closed and locked garage, at least until you can file bankruptcy. In the state of Texas, the repo-man does not have the right to forcibly break into your house (and your garage is part of your house) or enter a closed gate when trying to repossess a vehicle.  Furthermore, they cannot forcibly remove you from your vehicle.  On the note of using force, DO NOT ever attempt to physically or even verbally stop a repossession agent from doing their job, doing so could get you hurt or put in jail.
  3. If repossession of your vehicle is imminent, contact a Dallas bankruptcy attorney immediately so that they can file your bankruptcy fast.  Sometimes a bankruptcy attorney can file what’s called an “emergency bankruptcy” if the circumstances call for such action.

Can Bankruptcy Help Get My Vehicle Back After Repossession?

Filing Bankruptcy to Get Car Back After Repossession
Filing Bankruptcy After Repossession
Bankruptcy is known for helping people stop vehicle repossession when they file before the lender attempts to take the property. But what happens if the repossession has taken place before your petition was filed? Can you get it back? There is a possibility you can get your vehicle returned to you after beginning the filing process, yet under certain circumstances.
If you fall behind on vehicle payments you may be able to file Chapter 13 bankruptcy to help get current. Yet, in a situation in which the vehicle was repossessed before you filed for protection, you may be able to file a motion for turnover.  This is a court issued order for the lender to return the vehicle to you.  In this sense, your vehicle needs to be a necessity to your household. In other words, if it is needed to help you get to and from work so you can earn income to make payments, you may want to review whether filing the motion is an option.
In some cases, once the vehicle has been taken by the lender, the debtor questions whether they should consider trying to get it back. You may need to set up a payment agreement with the lender and have it approved by the court, likely setting up a repayment schedule for Chapter 13.  It is also possible a motion may not be needed to be filed for the car to be returned to you if the lender learns about your bankruptcy. Plus, some debtors decide not to get their vehicle back; after obtaining a discharge it may be easier to get a different vehicle with a better monthly payment.  Discuss your situation with your bankruptcy attorney.
Reference:  http://www.nolo.com/legal-encyclopedia/lender-repossessed-car-before-bankruptcy-get-back.html

Rebuilding Credit After Repossession
Over the last couple of weeks, almost every news channel featured the new cash for clunkers program explaining the details of the program incentive. The hope was the program would stimulate new cars sales and reduce the number of gas guzzlers on the road.  Now the headlines are different.  Almost as quickly as it came, Congress is having second thoughts and is considering suspension of the program.  According to a CBS 11 news update, the new program may already be gone because of funding concerns.  The article said:  “No one knows for sure how much money is left in the program, because the government website that’s handling the program is bogged down with the huge number of submissions it’s getting.”  Around 10,000 cars have been sold under this program in the Dallas Fort-Worth area since the program started last week.
Regardless of the commentary on Congress underfunding another program, there are some additional things to remember from this experience.  The first is that this program, just like any other, can lure consumers that weren’t looking to originally purchase a vehicle.  Many people end up in financial distress because of lack of planning.  Jeff Bartlett, deputy online auto editor for ConsumerReports.org, provides sound advice when you are considering a new car purchase.
His suggestions include:
1.  “Don’t be swayed by all the incentives. Focus on finding the best car for your needs, one that’s safe, reliable and has low owner costs. Then look to the incentives, because there are deals to be had from almost every company.”
2.  “Make sure you shop around for financing and go into the dealership knowing you are pre-qualified for a reasonable loan. They’ll be able to tell you right away if the dealer can beat or match that.”
If you have already gone through bankruptcy, one of the best ways to rebuild your credit is to make good financial decisions going forward.  The Cash for Clunkers program came with lots of promise and bells and whistles.  It probably helped many people get a new car that needed one.  However, it also had the effect of luring people that weren’t planning a purchase into the car lots.  When you’re looking to rebuild, resist the lure and do your research before you decide to buy.  You may end up with an additional monthly expense at a time when you don’t need one.  Also consider the collateral expenses.  If your old car was paid for and you utilized an incentive like the Cash For Clunkers to get better financing, you may still end up in a worse situation because of higher insurance premiums for financed vehicles.
The second major lesson out of the Cash for Clunker experience is know what things are going to cost you, especially when you are rebuilding credit.  Whether it’s this program or the latest add for digital TV service, understand and know the cost before you sign.  Just like the federal government, many consumers jump into new financial obligations without assessing the full cost of the program.  Also consider whether you’re jumping in because you need the new expense, or whether you’ve simply been tempting by creative advertising.
Bankruptcy is a valuable tool in your financial recovery especially if you are trying to stop repossession.  However, it is just the first step.  Don’t squander your financial strides with impulse purchases.  Instead, continue your efforts by making plans for financial success.

Post-Bankruptcy Survival: Facing Car Repossession?

If you’re a few years out of bankruptcy and facing financial difficulties again, it can be disheartening. For debtors who reaffirmed a car loan or took on a new car loan after their bankruptcy discharge, unemployment, underemployed or a medical crisis can bring on a slew of issues including vehicle repossession. So how do you cope when you’re facing car repossession and you don’t have the option to file bankruptcy again?
Below are a few tips:

  • The first thing a post-bankruptcy debtor should do is face the fact that they are having issues early.  If you’ve been keeping a budget, then you will be able to see problems before they arise.  If you just lost your job or received a pay cut then you know that you may have issues paying your car note. Don’t ignore that reality.
  • Contact the lender and find out if they can modify the loan or somehow give you a little more time to earn more money so that you can pay the car note. What post-bankruptcy debtors don’t want to do is ignore the lender and then start paying late or skipping payments.  The lender will either say yes or no, so don’t be afraid to at least ask.
  • If you are unable to get concessions from your lender, consider selling the vehicle.  You’ll get a lot more money if you sell it yourself then if they sell it after repossession. But whatever you do make sure that you sell the vehicle for enough money to cover the outstanding loan balance.
  • If you are unable to sell your vehicle or if the lender has already repossessed the car, you need to find out if you will owe a balance. Even after the lender sells the car at auction there could still be an outstanding balance on the loan which they will expect you to pay. Under normal circumstances you would be able to discharge this balance in bankruptcy; but if you recently exited bankruptcy that won’t be an option.
  • If you owe a balance and are unable to file bankruptcy, try to work out a payment arrangement with your lender so that you can repay the balance and avoid future lawsuits and garnishments.

Chapter 11 Bankruptcy News: Why The Spike in Homeowner Repossessions?

 Why The Spike in Homeowner Repossessions?
Ever since the “official” start of the recession in December 2007, homeowner foreclosures and Chapter 11 bankruptcy filings have been skyrocketing across the United States and around the world – with no signs of slowing down.  In fact, recent statistics released by the Council of Mortgage Lenders in the UK revealed that foreclosures could increase by up to 200 per day, which is certainly not a number to sneeze at.  And as we’ve learned from the Great Recession, what happens in Europe tends to happen here – and high-income earners are often the first to be hit, thus resulting in increased Chapter 11 bankruptcy petitions.
Can Filing Chapter 11 Help When Facing Repossession?
With many experts claiming that the worse is yet to come in regards to the housing industry, many homeowners are left scratching their heads: why are homeowner repossessions drastically spiking, and can filing for a Chapter 11 bankruptcy help in the face of repossession?
Financial experts agree that the tremendous rise in homeowner repossessions is due in large part to the tightening hold of the credit crunch.  As the risk of a double-dip recession looks like a certainty, many businesses are forced to cut staff in order to make ends meet – which means that many consumers have now found themselves out of a job.  Additionally, many high-income earners who still have a job are finding their budgets tightening while their variable mortgage payments are rising – a classic scenario caused by the confident housing market of the 90s.  These factors all contribute to the spike in homeowner repossessions and Chapter 11 bankruptcy petitions.
Yet if you’re being faced with a looming repossession, you don’t have to resign yourself to losing your home.  In fact, many lenders are willing to work with their clients in order to help them keep their houses.  For example, a popular move enacted by mortgage lenders includes giving a repayment vacation, where a consumer doesn’t have to pay for a month in order to get his or her finances back on track.  Additionally, lenders can set up new payment plans that can go a long way towards making monthly payments more manageable.  This is often one of the main benefits of filing for Chapter 11 bankruptcy, as you’re given a payment plan that allows your creditors to collect on what they’re owed. After all, lenders certainly don’t want to lose their money by repossessing your home.
Call us today for a free bankruptcy consultation
If you’re faced with repossession, make sure you exhaust every outlet.  Lenders and banks are typically lenient when it comes to what they’re willing to do to make sure that you keep your home.  If you still have trouble making payments after negotiating with your lender, turn to bankruptcy courts by filing for a Chapter 11 bankruptcy.  It may just be the last move you have left to save your finances – including that of your home.

Are We Heading for a Car Repossession Crisis?

According to an article in the Star-Telegram, we may be heading for a car financing crisis with many car buyers unable to find financing for a new/used car or unable to pay off existing car loans and/or facing car repossession.
What the Article Said
Some 3.25 percent of all indirect auto loans were at least 30 days overdue in the third quarter, the American Bankers Association reports. That’s the worst showing since the group began compiling such numbers in 1980. Indirect loans are those arranged by a third party, typically an auto dealer, and they account for 90 percent of all car loans.
Many consumers are receiving car loans from the subprime market which are very costly with high interest rates. Currently, the number of repossessions on cars financed with these types of loans is skyrocketing as more consumers face job losses and foreclosures. There was a recent report about how Repo men were finding it difficult to make a living because those facing repossessions are fighting harder to hold on to their cars by hiding them. If the trends continue in their current direction we may see a crisis in the car industry similar to real estate with more Americans facing repossession of their vehicles.
Contact an Attorney to Learn More About Your Options
Unless you live in New York or another city with highly developed transportation systems, having a car is an essential life tool. Without a car many Americans cannot make the often long commutes to their jobs. Fortunately, using bankruptcy, a debtor may be able to keep their car if they need it to get to work. If you are facing a repossession or you suspect that you won’t be able to continue to pay for you car loan, contact a bankruptcy attorney today to find out your bankruptcy options.
Call for a free consultation

Car Owners Attempt to Avoid Repossession by Destroying Their Cars

According to an article in the Star-Telegram, many desperate car owners facing financial problems and possible repossession are secretly destroying their vehicles and filing false insurance claims.
The article said:
…financially strapped car owners are torching, sinking or ditching their vehicles and then reporting them stolen to cash in on the insurance. SUVs have been found ablaze in the Nevada desert, cars have been dumped in a Miami canal and a BMW was discovered buried in a field in Texas. Some vehicles have been parked in the path of a hurricane.
Many car owners who are completely overwhelmed with pending foreclosures, delinquent credit cards and possible repossession, falsely believe that by secretly destroying their car and reporting it stolen is an easy way out of repossession and other financial troubles.  That couldn’t be further from the truth.  If a car owner files a false insurance claim, he/she could face felony charges of insurance fraud, making false statements to police and insurance providers.  That means a possible prison term and an order to pay restitution.  And just in case you’re wondering, that restitution order would not be dischargeable in bankruptcy.
It’s sad to see car owners going to such desperate measures to avoid repossession when bankruptcy offers an easier and legal solution.  Dallas-Fort Worth residents facing repossession may be able to save their vehicle by filing bankruptcy.  To find out how you can stop repossession of your vehicle using bankruptcy, contact a Dallas-Fort Worth bankruptcy attorney today.

Huge Spike in Home Repossessions During Lingering Foreclosure Crisis

While the rate of new foreclosures may be returning to normal, the damage caused by the past decade’s housing disaster is still lingering. According to RealtyTrac, a foreclosure analytics and sales company, bank repossessions have jumped 66 percent over the rate from this same time last year – the largest rise the company has ever recorded. In the space of just three months, over 123,000 homes were repossessed.
In some states, foreclosure activity can take time to complete – more than three years in states like New Jersey and New York, for example. Banks in these states have finally been able work through their backlogs, and are now moving forward with record numbers of foreclosures. Currently, New Jersey has the nation’s top foreclosure rate (1:451).
Texas is also seeing an increase in foreclosure activity. In Texas, one in every 1687 homes forecloses. In Galveston County alone, the rate of foreclosure is one in 786.
Facing Foreclosure in Dallas/Fort Worth?
The fear of losing one’s home is one of the most distressing situations a person can face. If you are struggling to make your monthly mortgage payments, we want you to know that you have options. A Dallas bankruptcy attorney at Allmand Law Firm, PLLC can offer you a
FREE financial empowerment session to discuss your unique situation and come up with personalized solutions.
Foreclosure doesn’t happen overnight – if you have missed several payments, and have not had success with other methods to avoid foreclosure, then bankruptcy may be the best option for you. Chapter 7 bankruptcy can delay foreclosure, while a Chapter 13 filing may even help you save your home. Work with a lawyer at Allmand Law Firm, PLLC to find out which option will work in your best interests.
Our goal is to help good people through bad times. We encourage you to get in touch with our firm today at (214) 884-4020.

When Repossessions Become Deadly: How To Avoid The Violence

According to an article in the Star-Telegram, a 67-year-old railroad retiree is dead after confronting a repo man attempting to tow away his vehicle at 2:30 in the morning.
The article said:
Alone in his mobile home off a winding dirt road, Jimmy Tanks heard a commotion at 2:30 a.m. just outside his bedroom window: Somebody was messing with his car. 
The 67-year-old railroad retiree grabbed a gun, walked out the back door and confronted not a thief but a repo man and two helpers trying to tow off the Chrysler Sebring. Shots were fired, and Tanks wound up dead, a bullet in his chest. The man who came to repossess the car, Kenneth Alvin Smith, is awaiting trial on a murder charge in a state considered a Wild West territory even by the standards of an industry that’s largely unregulated nationally. This story is an unnecessary tragedy.
Let’s discuss some ground rules for dealing with repossessions:

  • Never confront the repo man especially with a gun or other weapon.
  • If you know that your vehicle payments are delinquent, be mentally prepared to face repossession eventually especially if you haven’t taken actions such as filing bankruptcy to stop repossession.
  • If your vehicle is in jeopardy of being repossessed, speak with a bankruptcy attorney to find out how you can stop the repossession and save your vehicle using bankruptcy.
  • Never jeopardize your life or the lives of others for a vehicle or any other type of property being repossessed.

As the economy worsens not only are people facing job losses, repossessions and foreclosures, they are facing anger which is making matters related to money literally dangerous and life threatening. It is important for those facing financial crisis to consider all of their options, including bankruptcy BEFORE their property is repossessed or foreclosed on. But whatever you do please DO NOT physically confront those who are repossessing your property, at best you can end up in jail and at worse — dead.

Rich Lose Their Jets To Repossession

Rich Lose Their Jets To RepossessionThe economy isn’t getting better as many have guessed by now, but the pain does seem to be spreading to even the wealthiest among us. Many repossession agents are reporting that the retaking of private planes has increased dramatically as many wealthy individuals run out of cash needed to maintain and operate them. Some of the jets, worth more than $20 million are in poor shape after sitting idle for months. The owners of these airplanes facing repossession include corporations and affluent individuals who have fallen on hard times and have decided to put their jets on the back burner to deal with more pressing financial issues.  And many lenders and repo-men specializing in the repossession of private plans say that their business is set to increase in volume this year.
“The small, single-engine Cessnas and Pipers are being repossessed all the way on up to 747s,” says Terence Haglund, founder of the Aviation Law Center, who represents many lenders. “It’s definitely recession-related, and it’s been increasing for the last couple of years.”
But unfortunately for the lenders hoping to repossesses the private plane and auction it off to make back some of the defaulted loan, many of the planes are worth only a fraction of what the owners paid for them originally. In what seems to be aviation’s own upside-down lending crisis, many of the jets and small airplanes have lost significant value since the recession began.  And to top it off, there aren’t many lenders willing to grant many a loan to finance an airplane.
Call our bankruptcy lawyer today

The post How to Stop Repossession appeared first on Allmand Law.



5 years 7 months ago

Bankruptcy Alternative: Just Don’t Pay Some people want or need an alternative to Chapter 7 bankruptcy.  Meet Henry Hudson and his wife Beth. They came to see me several years ago. Their alternative to bankruptcy was a two part plan: just don’t pay, and “call my lawyer.” Here’s why. Henry and Beth were elderly, he […]
The post “Just Don’t Pay” as an Alternative to Bankruptcy by Robert Weed appeared first on Robert Weed - AE.


5 years 7 months ago

Ordinary Heroes Deliver Second Chances with Bankruptcy
Reprint from CONSIDERCHAPTER13, ON JULY 28TH, 2019

By Robert (Bob) Schuman, Owner/Managing Broker, Network Financial Group
I’m a mortgage broker.
In that role, I see close up the immense relief that a homeowner feels when they file Chapter 13.
They are no longer forced to deal with collection calls and a multitude of letters that are aggressive and intimidating, threatening to take their car, foreclose on their home, call them at work, or knock on their door at dinnertime.
No longer do they need to feel helpless, to not know if the threats and intimidation from creditors are real or made up.
To not know your rights, to live with that ever-present fear at all times of impending embarrassment. To walk into a bank not knowing if they will laugh at you. To feel the ever-present shame, the most insidious off all our emotions, that can permeate us to our very core.
Stress has a negative impact on marriages, on a parent’s relationship with their children, co-workers, friends and family.
It can subtly and not so subtly impact our every relationship and action. It permeates every aspect of a debtor’s lives.
And bankruptcy provides relief.
Lawyers deliver relief
Bankruptcy lawyers are the vehicle for providing that relief.
Brendon Burchard’s best selling book High Performance Habits reported on research that found that the highest performing professionals hold in their thoughts and remember, all the ways their work contributes to the well being of others: Their work is of service to something greater and makes a difference.
hero lawyerSo when a debtor sits in front of you, know that the work you are about to perform is truly a godsend to these people.
They finally have someone in their corner who knows the law, someone knows what creditors can and cannot do.
Someone who can silence the outrageous and obnoxious phone calls and letters that rob them of any peace of mind they may still cling to during an incredibly difficult and emotional time.
Second chances
For bankruptcy attorneys reading this, and for trustees and their staff who care about ordinary people, what you do is a blessing for these families.
As a country, we pride ourselves on second chances – on redemption, and you are the facilitators of that redemption.
With your help, a mother or father can enjoy their child’s soccer game without fear that a tow truck might show up at the game and take their car, or show up at their door when they have guests or a myriad of other embarrassing situations.
Sometimes, you actually save a life.
A well-respected bankruptcy attorney and friend tells the story of a client turning over to her the cyanide pill he was planning on using before the attorney showed him a way out, a path to end the nightmare successfully.
So, as you drive in to work tomorrow, remember, that the work you do brings these people back to life, helping their family, their children, their relationships.
The work you do is a godsend.
Embrace that, hold onto that thought, know that you are fighting the good fight.
Let it inspire you. There is something very rewarding about being committed to a cause bigger than ourselves.
My hat’s off to you for the work you do and the difference you make.
____________________________
Robert ShumanRobert (Bob) Schuman is the owner and managing Broker of Network Financial Group since 1987. He is a former U.S. Marine and a past recipient of the consumer protection award from NACBA. He has provided financing and guidance to thousands of homeowners in bankruptcy for over 30 years and is considered a leading expert in the field. He is tenacious in protecting his clients best interest and finding solutions to difficult circumstances. He is a lifelong avid tennis player.

MUSINGS FROM DIANE:
hero lawyerA good professional puts their clients, patients or customers first because they understand their responsibility.  Unfortunately, too many put themselves before others.  They believe that half a job is just as good as a whole job.  They believe that any money they can ring out of those using their services is okay, not matter what the consequences are to those who rely on their commitment to quality.  I am currently fighting with a young lawyer who believes he can scream, curse and degrade his clients.  He believes he can delegate his responsibility for quality services to his staff.  He creates false reviews to encourage others to use his services.

It won’t be too long before he loses his license to practice law unless he recognizes what professionalism is.  Unfortunately, hundreds of his clients will suffer because of his lack of respect to them and the legal profession.

How Can I Help You?
The post Ordinary Heroes Deliver Second Chances with Bankruptcy appeared first on Diane L. Drain - Phoenix Bankruptcy & Foreclosure Attorney.


Pages