Questions

There are days I have more questions than answers.

If a lender makes a mortgage loan disguised in the form of a line of credit to a 69-year-old woman who can barely make the payments as long as she is working but won’t be able to as soon as she stops, is that predatory?

If someone moves to another State for a few months and then moves back, can they use the Federal exemptions and hide a tax refund under the Federal wildcard?

If a debtor doesn’t raise a Truth in Lending claim in a collection case and allows a default judgment to enter before filing a Chapter 7 Bankruptcy, does that estop the Trustee from pursuing the claim on behalf of the Estate?

If someone qualifies for free credit counseling but has assets, what are the chances of getting the Bankruptcy filing fee waived?

How on Earth are we going to deal with non-priority, non-dischargeable taxes in Chapter 13’s?

How many of the homeowners currently defaulting on sub-prime mortgage loans would have defaulted if they had gotten a higher quality loan product?

How many of the homeowners losing their houses in foreclosure have been offered meaningful loss mitigation as required by FHA regulations or pooling and servicing agreements?

How many FHA mortgages are sent to foreclosure when they are less than 90 days past due in violation of Regulations? (I know of one.)

How many depository institutions have gotten away with offsetting a bank balance against a credit card debt in violation of Federal Statute? (I know of one.)

So, how was your Tuesday?

Elaine

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Categories: Bankruptcy, Consumer Credit, consumer law, foreclosure, Litigation, Mortgages and Foreclosure | 1 Comment

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One thought on “Questions

  1. Seth R.

    “If someone qualifies for free credit counseling but has assets, what are the chances of getting the Bankruptcy filing fee waived?”

    In Colorado – pretty bad.

    For one thing, if you pay so much as $50 to your attorney to file the bankruptcy, the court is likely to insist on a payment plan instead of waiver.

    We even had a local attorney representing a Social Security case pro bono (no fee) with no assets where the judge ordered a payment plan (4 monthly payments of around $75) instead of waiver.

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