Foreclosure

You have Rights that Your Creditors Can’t Take Away!

Your local Atlanta Chapter 7 Bankruptcy Attorney talks a little bit about your rights when it comes to creditors. Filing for bankruptcy is the best way to get a fresh-start and clean up damaged credit. Though, you could be in a situation where creditors are calling you non-stop, harassing you, for payment. This can lead to problems, and frustration. Who are they to call your home or place of employment? They are over-stepping their boundaries, and you don’t have to take it.

When you file for bankruptcy an automatic-stay is put in place. It prohibits all creditor contact with you in attempt to collect payment. Repossessions, foreclosures, and all harassing phone calls are put to a halt.

If you have gone through the process of filing for bankruptcy and you’re still getting calls:

Your creditors don’t know that you have filed.
They do not understand the laws surrounding an automatic stay, or discharged debt.

Either way, have your attorney give them a call. You shouldn’t be hearing anymore from them. If you do, it’s harassment, and at this time it’s not legal.

There is another side of the process, when your debts have been discharged. Any debt that was discharged is no longer owed by you, unless specified in a Chapter 13 bankruptcy! If you are still receiving calls from a debt collector about a debt that was legally discharged by your bankruptcy their attempts to collect from you are illegal and you should contact an attorney right away.

Creditors are often after one thing, your money, whether or not they take a legal avenue. Make sure to give Sandberg Law Firm a call today to stop all repossessions, foreclosures, and creditor harassment. Filing for bankruptcy is the best way to clean up debt and scattered credit. Schedule a free consultation and take the first step to getting your life back.

Filed Under: Bankruptcy and Legal System, Foreclosure, Reposession Tagged With: bankruptcy attorneys, Chapter 13, Chapter 7, chapter 7 bankruptcy, creditor harassment, ga chapter 13, ga chapter 7, united states bankruptcy law

File for Bankruptcy and Stop Foreclosure today!

This Atlanta Chapter 13 Bankruptcy attorney wants you to know that even though the March 6^th Georgia foreclosure sale is coming up; you don’t have to worry about a thing. When you hire on an attorney from the Sandberg law firm to handle your bankruptcy case, you don’t have face losing your home. When you file with Sandberg Law Firm an “Automatic Stay” is put in place to stop all foreclosure and repossession!

Why Should I hire a Sandberg Attorney and file for bankruptcy?

First, you need to know that this is a great option for many reasons. When you file for bankruptcy all creditor harassment will be put to a stop. This includes any repossession, foreclosure, or attempts to collect payment from you.
You can guarantee that your creditors will have top legal representation. You need to be prepared with the same.
At Sandberg Law Firm you are our top priority. We will do everything to make sure you not only get to keep your home and assets but that you understand your entire bankruptcy case!
Sandberg Law Firm offers flexible payment options designed with only clients in mind. A small fee is required by courts, but all attorney fees are paid through your Chapter 13 payment plan, never up front.
Debt can cause a damaged score, and bad marks on your credit. This is an excellent way to help clean up those marks and get started on a new financial path. Bankruptcy is your first step to repairing your credit.

Filing for bankruptcy is an excellent way to not only repair damaged credit, but also make sure you keep your home. With the March 6^th Georgia foreclosure sale coming up there really is no better time to call the Sandberg Law Firm. Schedule your free consultation and begin your bankruptcy to stop foreclosure now!

Filed Under: Bankruptcy Attorney, Foreclosure, Reposession Tagged With: atlanta chapter 13 bankruptcy, atlanta ga bankruptcy, bankruptcy attorney, Chapter 13, chapter 13 bankruptcy, foreclosure in ga, foreclosures sale, ga foreclosure sale

Atlanta GA Foreclosures Increase while House Prices Fall

In Atlanta GA foreclosures rise while house prices fall. All over the country, cities are being hit hard by the housing crisis. The economy shows little sign of improvement. As recent as November 2010 the housing market showed the worst numbers since the housing market bubble burst. There are reports coming out today that say the housing market may never get back to where it was in 2007.

Get the Best Bankruptcy Attorney is Atlanta GA

During the summer of 2007 the housing market was at its highest point, but now those price levels have plummeted more than 26%. This resulted in the skyrocketing number of home foreclosures around the metro Atlanta GA area in November of 2010

. By this same month it was shown that within Atlanta GA foreclosures, those having past due mortgage loans rose above 3% while the entire state of Georgia read over 2%.

Those living in the metro area that might be among those involved with these Atlanta GA foreclosure rates should first know they aren’t alone. The second is to know a few facts about new programs to help those filing bankruptcy. Here are a few facts:

1) There is the possibility that a homeowner can get an Order of Relief after filing for either Chapter 7 or Chapter 13 bankruptcy.

2) The Order of Relief is an official petition of the court that requires creditors to stop calling, writing, or any other sort of debit collection until the bankruptcy case is settled.

3) Chapter 7 bankruptcy is the option which could cancel the debt protected by a home such as home equity loans.

A bankruptcy case in Atlanta may forestall a sale of foreclosure by 12 – 16 weeks. Yet none of this is set in stone. To make sure no timelines are missed, opportunities for settlement overlooked, or other legal details skipped, hire the best bankruptcy lawyers in Atlanta. The benefits of hiring a great bankruptcy lawyer could be the swift settlement debt and home loss prevention. The first step is to act now.

Filed Under: Bankruptcy, Bankruptcy and Real Estate, Foreclosure, Georgia Bankruptcy News Tagged With: atlanta, atlanta ga, atlanta ga foreclosure, bankruptcy, Chapter 13, economics, Foreclosure, foreclosures, home foreclosure, house price, housing crisis, housing market, housing market bubble, metro atlanta, mortgage, personal finance, real estate, real property law, slumping, subprime mortgage crisis, title 11, united states code

How Long Can I Live in My Home after Filing Bankruptcy?

The primary goal of anyone filing for bankruptcy is to stay in their house as long as possible to save as much money as possible to move to a new property. To make sure one’s best interests are protected; a qualified bankruptcy attorney must be retained. Mortgage companies know all the tricks of the trade to make the process work in their favor, so it is only fair that the citizens involved in this scary process have the best on their side. Be sure with Chapter 13 and 7 bankruptcies that your attorney knows every trick in the book!

The question most asked by those in this process when filing bankruptcy is how long they are able stay in their home once bankruptcy is put in motion.

This is a complicated process and one that is increasing as the economy takes a down turn. Every year over half a million people are filing for bankruptcy and asking these same questions. Homeowners have the ability to save their homes by getting loan modifications, but due to the housing market, it sometimes seems more of a hassle than filing bankruptcy. This is where one should make a wise decision and choose and bankruptcy attorney best suited to their needs. It should go without saying that this is indeed the best thing for you to do. Take the time and speak with qualified lawyer in your state. Don’t stop with only one free consultation. Take the time to speak with two or three good bankruptcy attorneys who are intimately knowledgeable with all foreclosure laws.

Current bankruptcy laws do not cover your mortgage in relation to one’s residence. Filing bankruptcy only provisionally staves off foreclosure proceedings for a short period of time. When one files for bankruptcy, the debts owed are sheltered under an “automatic stay.” In the set time frame of this automatic stay, creditors aren’t permitted to barrage you with telephone calls or go forward with any judgments. Since one’s mortgage is not covered under bankruptcy, the mortgage company shall no doubt move within the court to have the mortgage released in order to legally proceed per state’s foreclosure laws. Once these proceeding begin it is more crucial than ever to retain an attorney to keep one in their home as long as possible.

Depending on the circumstance, the time allowed to stay in one’s home shall vary. Unfortunately there is no ultimate timeline one can bank on. Some individuals are allowed three months where other people, through an excellent attorney, have extended this time to well over a year. The latter of these is achieved by filing multiple times or, better yet, retaining an excellent lawyer who knows how to deal with mortgage servicers. It is a stressful process already to deal with moving out after filing bankruptcy, don’t add to it by choosing an attorney who does not have your best interests at heart.

When filing for bankruptcy, foreclosure in imminent. To understand the option available, learn the state’s foreclosure laws and related time-lines. One can buy time with their mortgage servicer by discussing loan modification or short sale, but filing bankruptcy may very well be your only option. Assess how much debt has accumulated and decide if indeed your only option is bankruptcy. There is only a short window of time to file the proper paperwork to keep you in your home as long as possible. Being in the heat of a bankruptcy process is fast-paced, and the loan holders are not prepared to wait. Knowing when to file for bankruptcy is crucial and a law office that understands every detail, as well as how to deal with creditors and the bank, is priceless.

Don’t forget, on average there are 32,000 Americans going through this intimidating process. One should not feel alone. Find some of these enduring the same hardships and find how they are staying in their home which varies from a matter of months, to up to a year. Some have seen their residence as their castle and have an enormous amount of money put into renovations and exterior improvements. It is painful to think that will all be taken, but there are ways when filing bankruptcy to continue to enjoy your home as long as possible.

Filed Under: Bankruptcy Filing, Bankruptcy Process, Chapter 13, Chapter 7, Foreclosure, Georgia Bankruptcy Law, Mortgage Tagged With: bankruptcy, bankruptcy attorneys, bankruptcy in the united states, Chapter 7, current bankruptcy law, file bankruptcy, filing, Foreclosure, foreclosure laws, insolvency law, laws, mortgage, mortgage companies, personal finance, qualify bankruptcy, Short Sale, title 11, united states bankruptcy law, united states code

Home Loan Modification Can Put a Stop to Foreclosure

Once foreclosure proceedings have begun on a home many people will lose hope. It is such a daunting process that they do not believe that they have any choice in the matter except to move out. That is no longer the case. It took them awhile, but the mortgage companies have finally had to admit that foreclosures are a problem. That is why loan modification has become an option.

A loan modification is an agreement with your mortgage holder that lowers your payments to better reflect your current financial status. In many cases the difference is a large one and it can be the difference between keeping your home and having to pack your things. Although mortgage holders have started offering loan modification it does not mean that they will make it easy for you. For that reason, it is strongly recommended that you get an expert to help you fill out the forms. Some applications for loan modification are over 50 pages long and are very detail oriented. Many times it will ask for attachments that provide proof for your statements and omitting even one of those could be grounds for having the application denied. Do not take any chances with your application. Have it professionally prepared and give yourself the highest probability of success.

This option does not only apply to people in the last phases of foreclosure. If you are barely able to pay your mortgage or are on the verge of having your home foreclosed then you should look into loan modification.

Filed Under: Bankruptcy, Bankruptcy and Real Estate, Bankruptcy Basics, Featured, Foreclosure, Mortgage Tagged With: avoid foreclosure, banking, finance, Foreclosure, foreclosure proceedings, foreclosures, home loan, home loans, Loan Modification, loss mitigation, mers, modification, mortgage, mortgages, personal finance, real estate, real property law, reduce your mortgage payment

Mortgage Foreclosure Moratorium Debacle Explained

It is no surprise that our country is having money problems at the moment. People are facing unemployment and families are losing their homes to foreclosures at an ever increasing rate. What may come as a surprise is the negligence that many of the foreclosure professionals have shown to the whole process. Mortgages and deeds are passing through more hands than ever but little effort is taken to ensure the details are correct and everything is in order. As a result, some of the largest lenders are feeling pressure to place a moratorium on mortgage foreclosures in multiple states and many are pushing for the stay to be nationwide. The main reasons for this are:

Foreclosure Mills- These attorney firms are focused on doing as many foreclosures as possible, as quickly as possible. Recently the state of Florida conducted investigations into three such firms and found thousands of incidences where the firm had fabricated documents to complete a foreclosure.

Robo-Signers – Our system of law has always been based upon having a document witnessed. It usually has language in the document that says the signer guarantees that all information in the document is correct and true. One Robo-Signer, a member of GMAC mortgage, admitted to signing off on over 10,000 different foreclosure documents a month without ever reading the documents. Another investigation found cases of signatures not matching for a signer which proved that other people were forging the signatures.

MERS – Mortgage Electronic Registry System is a database that keeps track of digital copies of mortgage titles. It facilitates the transfer of home titles between trusts and banks. Over 60 million properties are filed under the name of MERS and most of those happened between 2005 and 2008. In the courts opinion the chain of title for those properties have been broken beyond repair.

There are some significant legal ramifications to this debate and it remains to be seen how this plays out in the court system. It is certain to have the attention of thousands and thousands of Americans who have lost homes and more to the market collapse and may now see some recourse against their lenders. Keep up to date with this story by signing up for our bankruptcy news update.

Filed Under: Bankruptcy, Bankruptcy and Real Estate, Featured, Foreclosure, Mortgage, Stop Foreclosure Tagged With: banking, consumer fraud, finance, Foreclosure, foreclosures, gmac, gmac mortgages, loss mitigation, mers, moratorium, mortgage, mortgage foreclosure, mortgages, personal finance, proposals, real estate, real property law

Recourse vs. Non-Recourse Mortgages and Foreclosures

Getting a mortgage can be a daunting experience and many people are unfamiliar with the different terms used by the industry. One of the things most commonly confused are recourse vs. non-recourse mortgages. They are very similar and easily confused but each has traits that set them apart from the other. Mainly it has to do with which assets the lender is able to come after if they have to foreclose on your property.

A non-recourse mortgage is a home owner’s friend. If the house goes into foreclosure then only the house can be taken as payment for the debt. If the home does not cover the cost of the loan then the lender has to eat the loss. They cannot go after any other assets or try to garnish your wages.

A recourse loan is a mortgage lenders best friend. In the event of a foreclosure the lender can go after the house as well as any of your other assets to cover the cost of the loan. They can even have a court garnish your wages in order to pay off the debt.

Many times a lender will make a recourse loan look much more attractive than non-recourse loan and they are a great idea if your financial situation is steady and you don’t have to worry about foreclosure. Also, many second mortgages are recourse loans even if the first mortgage is a non-recourse loan. Since not a lot of people can say that about their financial future in our down economy, it would probably be better for home buyers to stick with non-recourse mortgages for the time being. If you need to find out what kind of loan you have currently seeking the advice of legal professional is advised to ensure you take the appropriate actions for your mortgage or loan obligation

Filed Under: Bankruptcy, Bankruptcy and Real Estate, Featured, Foreclosure, Mortgage Tagged With: credit, debt, finance, Foreclosure, foreclosures, loan, loans, mortgage, mortgages, non recourse loan, non recourse mortgages, nonrecourse debt, personal finance, recourse, recourse debt, recourse loan, resource loan, second mortgage