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Foreclosure Increasing Again

The nation’s foreclosure crisis is worsening as homeowners battling high unemployment, slow job growth and an uneven rebound in home prices continue to fall behind on their mortgage payments.

In all, 154 out of 206 metropolitan areas with at least 200,000 residents posted an annual increase in foreclosure activity between January and June.

Notices for defaults, scheduled home auctions and home repossessions are all warnings that can lead up to a home eventually being lost to foreclosure.

The latest figures show the threat of foreclosures is spreading well beyond the top tier of metropolitan areas located in California, Florida, Nevada and Arizona, which have borne the brunt of the fallout from the housing crisis.

Those states saw housing values surge during the housing boom years. When the boom ended, values collapsed and foreclosures soared.


Bankruptcy Terminology

In Bankruptcy, a “case” refers to the bankruptcy action commenced by filing a bankruptcy petition, and “proceeding” refers to a specific matter, such as an adversary proceeding, that arises within the bankruptcy case.

The “debtor” is the party that either filed a voluntary bankruptcy petition or that had an involuntary petition filed against it.

The trustee, if any, must be distinguished from the US Trustee, who is a presence in every bankruptcy case. Generally, several United State Trustees work in each district office, and each bankruptcy case is assigned to an individual trustee. The United States Trustee has specific duties in bankruptcy cases under his or her watch – essentially these duties amount to an oversight function.


Foreclosure can impact your credit

While homeowners who default on a mortgage due to economic hardship, such as a job loss or divorce, normally must wait two to five years before buying a home again, walkaways may face double that time.

Walkaway, meaning those who voluntarily walk away from their home loan. For example, say you owe $600,000 when you house is only worth $300k, and you walk away from the debt and let the bank foreclose on you. It can take you up to seven to eight years to be in a position to buy a home again.

Credit scores are just one component of a complete credit decision. Future underwriters will scrutinize your records very closely and if they see no precipitating factors leading to the default, for example, no job loss, no health issues, then the repaired credit score won’t overshadow the black mark of a walkaway.

That is not to say you can’t get a loan. YOu might be able to put might have to pay a premium for it as well. Or be charger a higher interest rate to qualify.


Rangers Seek Bankruptcy Help

The major league franchise Texas Rangers seek bankruptcy protection to shield itself from about 30 creditors. Among the group of investors coming to the rescue is a group lead by the great Nolan Ryan.

His group is rumor to have offer $575 million to purchase the team. The sale would have to be approved by the court and Major League but could help lift the team out of bankruptcy and debt.


Ex NBA Player Files for Bankruptcy

Ex NBA star Derek Coleman filed for Chapter 7 bankruptcy protection last month. He owed his creditors more than $4.7 million dollars. Derek Coleman was the number one draft pick coming out of high school into the NBA.

The ex-Syracuse University standout and 1991 NBA Rookie of the Year earned tens of millions during a 15-year playing career but listed assets of just $1 million in papers filed with the U.S. Bankruptcy Court in Detroit.


NFL Players Facing Bankruptcy


New $100 Bill

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The United States Treasury Department has just unveiled the new $100 bill design to curtail counterfeit.

“This note incorporates the best technology available to ensure we’re staying ahead of counterfeiters,” Geithner said at the unveiling ceremony.

The new bill featuring a security thread decades in development: the microprinted mobile image that has inspired all the Harry Potter chatter. When the bill is moved side to side, the image on the bill appears to move up and down, and it’s moved up and down, the image appears to move side to side.

The new will go into circulation later this year.


Bankruptcy Discharge

I know many of you want to know – what does discharge mean to me? In the world of bankruptcy getting a discharge means that the court is discharging your debts. That means that your creditors can no longer go after you for your debts. At least those that were discharged.


Foreclosure Down or No

Foreclosures in the month of January was 15% compared to the same month last year. But it is predicted that this number is going to dramatically increase as a surge of cash-strapped homeowners who have fallen behind were on their way.

More than 315,000 homeowner received a foreclosure notice in January. That is less in December (349,000). In January, one in 409 homes were sent default notices

anuary marked the 11th straight month with more than 300,000 properties receiving a foreclosure filing. The numbers could stay above that level as unemployed homeowners who have tried to keep up with their mortgages finally start missing monthly payments.

Mortgage financier Fannie Mae reported in late January that the rate of borrowers who have a conventional loan on a house and are seriously delinquent was 5.29 percent in November, more than doubling the rate of 2.13 percent in November 2008. Borrowers are considered seriously delinquent if they are past due by three months or more, or are in foreclosure.

The dip in January’s numbers may be due to processing delays by lenders during the end-of-year holidays, said Rick Sharga, senior vice president of RealtyTrac, which is based in Irvine, Calif.

Slowing the foreclosure rate is a key step in the recovery of the real estate market and the overall economy. The foreclosure crisis forced the federal government and several states to come up with plans to prevent or delay the process to help delinquent borrowers.

Foreclosed homes are usually sold at steep discounts, so they often lower the value of surrounding properties. Cities lose property tax dollars from foreclosure homes that sit empty and from declining home values, straining local economies. Home prices have stabilized in some cities, but are still down 30 percent nationally from mid-2006.

Economic issues, such as unemployment or reduced income, are expected to be the main catalysts for foreclosures this year. Initially, subprime mortgages were mostly the culprit, but homeowners with good credit who took out conventional, fixed-rate loans are the fastest growing group of foreclosures.

Among states, Nevada posted the nation’s highest foreclosure rate, followed by Arizona, California, Florida and Utah. Rounding out the top 10 were Idaho, Michigan, Illinois, Oregon and Georgia.

The metro area with the highest foreclosure rate in January was Las Vegas, with one in every 82 homes receiving a foreclosure filing. It was followed by Phoenix and the California cities of Modesto, Stockton, and Riverside-San Bernardino-Ontario.


Foreclosure Liability

Depending on the state that you reside in, you could be in for a rude awaking if your home was foreclosed upon. For what you asked? Well if your home sold for less than what was owed on your mortgage than you could be liable for the difference. This is known as a deficiency judgment claim.

There are more than 30 states that allow owners of these notes to go after you if they were not able to sell your home for what was owed on the mortgage. These states include, New York, Florida, and Texas.

Some states, such as California, are “non-recourse” and don’t allow deficiency judgments. But, even there, if the original loan was refinanced, some or all of it may be subject to claims.

So make sure you ask for a release from the bank.

Otherwise, you could be face with a lawsuit and harassing letters from collectors because in the next few years, banks will be selling many of these types of accounts to collection agencies and other third parties, at discount.

So there are two things you should take from this: (1) ask for a release and (2) read all your paper work carefully when you agree to allow the bank to take back your home. Make sure you don’t agree or acknowledge any debts because your home is going to be sold for less than what you owe on your mortgage.