Articles from Diane L. Drain - Phoenix Bankruptcy & Foreclosure Attorney

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Trying to Refinance a Home Loan After Bankruptcy

Submitted by Anonymous (not verified) on Thu, 08/20/2015 - 21:04

Some time ago you filed a bankruptcy and received a discharge.  You owned a home at the time your bankruptcy was filed and have continued paying on the mortgage.  Now you are trying to a refinance of your mortgage but are told that “because you did not reaffirm your mortgage during the bankruptcy your credit report does not show any payments”.   There are two issues going on here.

Pets Abandoned When Owners Lose Their Homes – Help Available

Submitted by Anonymous (not verified) on Wed, 08/19/2015 - 01:17

Dog - miss my dadWe have all heard, and perhaps felt, there is a foreclosure crisis.  We hear the stories about banks misusing their power to misdirect homeowners into default or fail to assist them even if required by the federal government.  What we don’t hear about are the abandoned pets left to fend for themselves after their owners hav

CFPB Takes Action Against Green Tree Servicing for Mistreating Homeowners

Submitted by Anonymous (not verified) on Mon, 08/17/2015 - 04:57

Green Tree to Pay $48 Million in Borrower Restitution and $15 Million Fine for Servicing Failures

New Criteria for Discharging Student Loans in Bankruptcy

Submitted by Anonymous (not verified) on Mon, 08/17/2015 - 04:30

According to a publication of National Association of Student Loan Administrators “NASFAA” the options for students and guarantors of student loans to discharge those loans are slowing expanding.  Only time will tell how this will play out for students and guarantors.
GEN-15-13: Undue Hardship Discharge of Title IV Loans in Bankruptcy Adversary Proceedings  Publication Date: July 7, 2015

DCL ID:
GEN-15-13

No You Cannot Get Out of Bankruptcy Just Because You Want To

Submitted by Anonymous (not verified) on Mon, 08/17/2015 - 01:07

“Chapter 7 is not something that you can dip your toe into in order to check the temperature of the water.  It is something that you jump into and can only be rescued from it if you show cause”  In re Dreamstreet, 221, B.R. 724 (Bankr. W.D. Tex. 1998)

CFPB Takes Action Against Residential Credit Solutions, Inc. For Bad Acts Against Homeowners

Submitted by Anonymous (not verified) on Fri, 08/14/2015 - 02:08

Consumer Financial Protection BureauThe Consumer Financial Protection Bureau (CFPB) took action against Residential Credit Solutions, Inc.

Discover Bank to Pay $18.5 M for Illegal Student Loan Servicing Practices

Submitted by Anonymous (not verified) on Mon, 07/27/2015 - 20:51

Greed - signAccording to the Consumer Financial Protection Bureau (CFPB) “Discover created student debt stress for borrowers by inflating their bills and misleading them about important benefits,” said CFPB Director Richard Cordray.

Can a Lender with a Mortgage Wait Too Long to Collect Their Secured Debt?

Submitted by Anonymous (not verified) on Sun, 07/19/2015 - 01:42

Each state has a laws that govern real property (land, house, etc) rights and duties.  These laws include how secured interests (mortgages) are perfected, foreclosures completed or the rights of various parties as to the land.  Sometimes it is confusing for lenders or property owners what laws govern.   Arizona is no different.  Once a loan is placed on real property and recorded that loan established a priority position (a place in line as to rights over other loans or liens).  That loan stays attached until either the debt is paid or a court enters a judgment removing the loan as a lien o

Phone Calls Pretending to be From Attorney’s Office

Submitted by Anonymous (not verified) on Sun, 06/14/2015 - 08:00

From another attorney in a national consumer listserv:

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