Recent Blog Posts
I Can’t File Chapter 7 or Chapter 13!
It happens very rarely but, from time to time, we speak to a client that fails to qualify for Chapter 7 (liquidation) or Chapter 13 (reorganization). If they still want to file bankruptcy personally, what should they do? Chapter 11 reorganization. Wait! I thought Chapter 11 was for businesses? Not necessarily. Chapter 11 is… Read More »
Do I Have to Pay My Mortgage After a Divorce?
Recently, I spoke at Become A Better Agent, a seminar hosted by Insured Title Agency and Synergy Title Partners in Tampa Bay. One topic of my presentation was the identity of the proper party to sign and sell real estate, especially in a situation where the parties are divorced. Many times, the party that… Read More »
How Long to Satisfy a Paid Off Mortgage?
We have helped 3 different clients over the last week to eliminate mortgages and other liens from the public records. In each of the these situations, the loans were satisfied, but the lien holders (lenders / banks) failed to record a satisfaction or release. Of course, we didn’t know this until after we filed… Read More »
Tips for Negotiating with Creditors
I’ve helped hundreds of clients negotiate. I’ve negotiated residential and commercial real estate contracts, residential and commercial leases, Mediations, credit card debt, medical debt, student loan debt, secured debt, unsecured debt, deficiency obligations, pretty much every type of debt. I’ve negotiated court settlements and other agreements that involved something other than money. Over the… Read More »
What is the due date?
In reviewing contracts, court deadlines, and other time-driven factors, we get many questions related to how the time is calculated for purposes of a response or deadline. Typically, when counting days, day 1 is the day after the date listed (like we learned in math class). Therefore, if the “Effective Date” of a contract… Read More »
Freddie Mac Fraud Prevention and the Exclusionary List
I do have to give Freddie Mac (Federal Home Loan Mortgage Corporation) credit for implementing programs to prevent fraud on consumers and to prevent Freddie Mac from purchasing non-investment quality loans. In my experience, however, the Exclusionary List casts such a wide net that it often traps those who may have innocently created a… Read More »
Reforeclosure Helps Remove Omitted Junior Liens
Recently, we helped a client who bought real estate at a foreclosure sale but realized that the plaintiff’s attorneys forgot to include a junior lien in the foreclosure lawsuit. Luckily, there is a process in Florida to eliminate that junior lien, even after the foreclosure lawsuit is complete and the property is sold at… Read More »
Does Bankruptcy Pause the Statute of Limitations?
We received a great listener question from the Crushing Debt Podcast: “My husband and I have joint credit card debt. I filed for Chapter 7 bankruptcy eight years ago and got a discharge. My husband did not file with me, just me alone. My husband recently received a collection notice from from one of… Read More »
What Debts are Non-Dischargeable in Bankruptcy?
The biggest benefit of filing bankruptcy is that your debts are discharged, meaning your creditors can never try to collect those debts; in essence the debts are eliminated. However, there are some debts that are unaffected by the bankruptcy discharge. The most popular category of non-dischargeable debts are income taxes owed to the IRS… Read More »
Bluffing your Creditors? Debt Settlement Ain’t Poker
In poker, people sometimes bluff when they have a bad hand, hoping the other players can’t read the truth and will surrender the chips they’ve already played although they have the better hand. In settling debt, bluffing rarely works because most of the time the borrower lacks leverage, and bluffing can seriously backfire on… Read More »
