It is common for homeowners to miss one or two mortgage payments. Sometimes, this is a minor clerical error that can be quickly corrected. Other times, the homeowner is having financial troubles and cannot keep up with their mortgage. The bank may foreclose if you are delinquent on mortgage payments for too long. Recovering from this process takes work, and it might take years. Recovery from foreclosure can begin before foreclosure is even complete in your case. Your attorney might help you mitigate the effects of foreclosure and save some of your assets. After foreclosure, you should focus on finding a new home. For many, this means renting rather than owning a home. For others, staying with loved ones might be the next best option. Next, you should start rebuilding your credit. This means strict budgeting and using lines of credit more strategically. You should also adjust your monthly budget to live below your means, allowing you to save more and stay ahead of your debts. Call our New Jersey mortgage foreclosure defense lawyers with Young, Marr, Mallis & Associates at (609) 755-3115 and get a free review of your case. Mitigating the Consequences of Foreclosure in New Jersey You can and should think about how you will recover from foreclosure before the foreclosure process is over. One possibility is to enter New Jersey’s loss mitigation program with our New Jersey mortgage foreclosure defense lawyers. Some people use the program to negotiate with lenders and creditors and avoid foreclosure. Even if you cannot avoid foreclosure, you might minimize its impact on your life. For example, you might come to agreements with lenders regarding late fees or other costs that you cannot afford so that you can save some money throughout the foreclosure process. You should also consider filing for bankruptcy. Some people can save their homes by filing for bankruptcy. Others might only slow the process down a bit. Even if bankruptcy cannot stop the foreclosure, it might help you reduce or wipe out some of your debts so you will be better able to get a fresh financial start when everything is over. Finding a New Home After Foreclosure in New Jersey Can you buy a new home after foreclosure? The odds are not good. Most of the time, people who have gone through foreclosure must wait about 3 to 7 years before they can even apply for a conventional loan. As such, buying a home might not be an option. Instead, renting might be the way to go. However, even renting can be difficult after foreclosure. The recent foreclosure and its impact on your credit score might prevent you from renting a decent home or apartment. This may depend on numerous factors, including the landlord’s preferences, the cost of renting, and even the neighborhood you want to live in. If renting or owning a new place is impossible, staying with loved ones might be your next best option. Do you know someone with extra space or a spare room? Maybe someone in your family owns a rental property and can work out a good rent price. While accepting favors from loved ones is not always ideal, it can help you save money while repairing your credit so that one day, you can move into your own home again. Repairing Your Credit After Foreclosure in New Jersey Do you have any existing lines of credit? If you do, keep your balance low for as long as possible. Generally, keeping usage below 30% is ideal. It might be difficult to open new lines of credit right after going through foreclosure, as creditors might not extend lines of credit to people who have experienced financial hardship. You likely cannot repair your credit if you do not have credit. For some, their first instinct is to cut up their credit cards to prevent themselves from falling into debt again. However, this is not always a good idea. If you only use cash to pay for everything, your credit score may not improve much. Building credit is all about having debt, managing it well, and paying it off promptly. In a way, you need to have at least a little bit of debt in order to repair your credit after foreclosure. If you have too many credit cards or other lines of credit, you might want to consider scaling back. This may remove the temptation to spend. A good strategy is to have only a few credit cards, maybe only two or three. Use one for ordinary daily expenses, one for emergencies, and one for something like rent or car repairs. Take a step back, examine your spending habits, and consider how many credit cards you need to survive. How Budgeting Can Help You Repair Your Credit After Foreclosure in New Jersey To effectively fix your credit after foreclosure, you must analyze your spending habits and make adjustments. It is wise to reduce spending in this situation, even if your income can support greater spending habits. A good rule of thumb is to live below your means after foreclosure and work to build healthy savings. Take stock of necessary expenses you cannot cut back on and make sure your budget and income cover them. Rent, utilities, credit card payments, and other important bills must always be paid every month. Figure out the total value of these costs and always make sure that money is set aside. Sometimes, this might leave little money for luxury costs, like dining out or engaging in hobbies. Reduce unnecessary spending as much as possible. If you like to go out to eat, take vacations, go to concerts, or spend money on other fun experiences, you should cut back. Although it might be unpleasant, avoid doing these things for a while, or at least do them sparingly. If you cannot live without these things, plan for them in your budget. For example, each month, you can set aside some money for something fun. You can use that money for a vacation or an expensive concert once a year. Use credit cards carefully. Plan to pay off the entire balance of your credit cards each month. If you overspend, you might be unable to pay off the whole balance, and you might slip back into old, bad habits. Contact Our New Jersey Mortgage Foreclosure Defense Attorneys to Talk About How to Recover From Foreclosure Call our Newark, NJ mortgage foreclosure defense lawyers with Young, Marr, Mallis & Associates at (609) 755-3115 and get a free review of your case.

Book: Liebenthal, Ryann- Unburdened: Student Debt and the Making of an American Crisis Ed Boltz Sun, 10/06/2024 - 19:22 Follow the author on Twitter @ryannliebenthal   Available for free* to the first person that asks for my copy     or for purchase at: https://www.harpercollins.com/products/burdened-ryann-liebenthal?variant=41472117669922 Summary:   College costs more today than ever and is worth less. Tuition at public colleges has more than tripled in the past 50 years. Over the same period student debt has grown from virtually nothing to more than $1.7 trillion, second only to home mortgages. Skyrocketing student-loan burdens are leading an entire generation to put off the traditional milestones of adulthood: buying homes, getting married, starting families, and saving for retirement. The burden weighs heavier on women and black Americans, and with almost 10 percent of student debtors now over the age of 60, it is a crisis no longer limited to the young. Ryann Liebenthal’s Burdened tells the maddening story of how the power plays of legislators and presidents, the commodification of higher ed, and the rapacious practices of for-profit colleges and private lenders have created today’s student-debt lava pit. As the notion of student-loan cancellation percolates into the political mainstream, Liebenthal offers a deeply researched, sweeping narrative of our broken system. Rather than give in to despair, she boldly charts a way out, offering hopeful solutions to this seemingly unfixable problem.   Commentary:   As an incredible bankruptcy nerd,  I do feel a little disappointed that Ms. Liebenthal's book was perhaps the last best opportunity for an investigative journalist to find out what happened to Marie Brunner after she became the poster child for the draconian and cruel undue hardship test in bankruptcy.   Other than that minor quibble,  this is really the best history of student loans that I have read and is also a searing criticism of how both parties have repeatedly failed not just student borrowers but also our country.   With proper attribution,  please share this post.    *You do have to promise to read the book and pass it along to someone else. Blog comments Category Book Reviews

Losing your home is not the only negative consequence of mortgage foreclosure: your credit score might drop by 100 points if the bank takes your case. Credit scores typically take a long time to improve after foreclosure proceedings, which remain on credit reports for about seven years. Rebuilding your credit after foreclosure is difficult, especially if you must find a new place to live and have other expenses or creditors to satisfy. While bankruptcy also affects credit, the recovery process is often more manageable, as debtors can rebuild credit while remaining in their homes. Before your credit score improves, you might be denied new mortgages or credit cards, and our lawyers can help you avoid such stress by identifying your way out of foreclosure, whether that is by defending your case in court, renegotiating the contract with your lender, or filing for bankruptcy in Pennsylvania. Call Young, Marr, Mallis & Associates at (215) 701-6519 to get a free case review from our Pennsylvania mortgage foreclosure defense lawyers today. How to Recover from Mortgage Foreclosure and Mitigate its Effects in Pennsylvania If your lender successfully takes your home through foreclosure, your credit score might drop by 100 points or more after already suffering because of missed mortgage payments. While you can improve your credit score after foreclosure, its negative effects may linger, impacting your ability to find new housing, which is why our lawyers will prioritize you keeping your home despite facing foreclosure. Make a Plan to Improve Your Credit Score If foreclosure goes through, you may have to find a new place to live, and banks or landlords will likely consider your credit score when evaluating you as a prospective buyer or tenant. Unfortunately, foreclosures severely affect credit scores, so planning to improve your credit afterward is important. An alternative to foreclosure is bankruptcy, which similarly affects credit scores. That said, bankruptcy requires debtors to first take credit counseling courses before filing and lets debtors keep their homes, meaning they will not have to seek new housing. If you were to lose your home and apply for a new loan or an apartment lease, your credit might be under considerable scrutiny. Missing mortgage payments will adversely affect your credit, so you might already face credit issues before foreclosure. These issues can prevent you from improving your credit since you may be denied requests to open new credit cards, which is typically how people build credit: by paying their credit cards off on time. When preparing your case, whether we identify a defense against foreclosure or file a bankruptcy petition, we can review your financial situation and help you identify how you can work to better your credit score after your case is resolved. Prioritize Keeping Your Home and Stopping the Sheriff’s Sale The primary consequence of mortgage foreclosure is not necessarily the impact on one’s credit but the fact that they lose their primary residence. Mortgage foreclosure can make it difficult for individuals to find new housing, get a new loan, open new credit cards, and rebuild their financial stability. Throughout your case, our attorneys can prioritize maintaining ownership of your home. There are many routes to resolving foreclosure proceedings without sheriff’s sales, and our Pennsylvania mortgage foreclosure defense lawyers may begin by approaching your lender with alternative loan terms that convince them not to continue with the case. Many lenders are open to renegotiating mortgage contracts, which might save them time and resources associated with judicial foreclosure proceedings. Bankruptcy can help you avoid some of the long-term consequences associated with foreclosure, as it provides a pathway to addressing all debt, not just mortgage debt. If you cannot make your current mortgage payments, you might also have difficulty paying off credit cards or car loans, and bankruptcy can help you address those debts. In fact, bankruptcy might erase some of them, like credit card or medical debt, giving you the relief you need to focus on repaying your mortgage lender while remaining in the home. How Long Will Your Credit Score Take to Recover from Foreclosure in Pennsylvania? Generally speaking, mortgage foreclosures remain on credit reports for seven years in Pennsylvania, meaning any future lender or creditor can see them during that period. Though that does not mean it will necessarily take that long for your credit score to recover, it does emphasize the importance of finding a solution to foreclosure for homeowners. The most traditional way to build credit is by opening a credit card and paying it off on time. Reassessing your finances and being intentional about the purchases you make moving forward can help you steadily rebuild your credit over time. If you have other loan payments or financial responsibilities that threaten your ability to rebuild your credit after foreclosure, our lawyers can help you address them during bankruptcy, which can also put a stop to foreclosure proceedings because of the automatic stay it affords most debtors. Most people cannot afford the time it takes to substantially improve their credit after foreclosure while also having to find a new place to live that is within their current budget. Recovering from a major financial event like foreclosure is typically a years-long process, during which people might face future issues with other creditors they may have. Because of the difficulties associated with making meaningful improvements to your credit after foreclosure, it is important to prioritize your case and take your lender seriously if they have notified you they intend to proceed with foreclosure. If you do not respond promptly, your case might proceed uncontested, leaving you with a poor credit score and without a place to live sooner than you anticipated. Call Our Pennsylvania Lawyers for a Free Case Review Call Young, Marr, Mallis & Associates at (215) 701-6519 to discuss your case for free with our Pennsylvania mortgage foreclosure defense lawyers.

The Better Business Bureau just renewed my A+ accreditation. I’ve been a member of the BBB for more than twenty years.                          The Bankruptcy Law Offices of Robert Weed – A+ The post Better Business Bureau Accredited A+ appeared first on Robert Weed Bankruptcy Attorney.

The Better Business Bureau just renewed my A+ accreditation. I’ve been a member of the BBB for more than twenty years.                          The Bankruptcy Law Offices of Robert Weed – A+ The post Better Business Bureau Accredited A+ appeared first on Robert Weed Bankruptcy Attorney.

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The bank cannot take your house overnight, even if you default on your mortgage loan in New Jersey. It can take banks months, sometimes years, to get their foreclosure complaints granted by judges in New Jersey. The first step in the process is sending a notice of intent to a homeowner, after which the homeowner has about a month to respond. The case might go to court if they cannot cure their mortgage or get the lender to agree to loan modification. During court appearances, our lawyers can explain why the bank has no legal standing to repossess your property, whether because of predatory lending or lending law violations. Many lenders are willing to negotiate alternatives to foreclosure and to get paid faster, and our lawyers can exhaust all loss mitigation options to prevent foreclosure from commencing. Call Young, Marr, Mallis & Associates today at (609) 755-3115 for a free and confidential case assessment from our New Jersey foreclosure defense lawyers. How Long Do Judicial Mortgage Foreclosures Take in New Jersey? All foreclosures in New Jersey are judicial, so they occur in court before a judge. Because of this, the process can take a very long time, sometimes years. While the entire process may take a long time, the initial stages go relatively quickly, and our lawyers can help you prepare. Since foreclosures happen in court, cases must reach the court docket, and judges must hear them. Waiting for your case to be heard can take time in and of itself, sometimes weeks or months. Granting foreclosures has serious implications in that mortgagees will lose their homes, and the fact that a judge must approve foreclosure may bode well for victims, who may be able to remain in their homes throughout a case. When making a judgment, the judge will determine if you defaulted and, if so, why. Undue financial hardship because of a recent death, medical condition, or job loss might weigh into the judge’s decision, as well as the original terms of the loan and the information the lender considered when providing it. For example, if your original monthly payments were too high based on your reported income at the time, the judge may agree that your lender was predatory and thus may not take your home. Depending on the case, it may benefit homeowners to speed up or slow down the mortgage foreclosure process. For example, suppose your lender was predatory, and there is evidence to support those arguments. In that case, we may want to get your case in front of a judge immediately so they can quickly dismiss the foreclosure petition. If a bank has standing to foreclose because you are in default, slowing down the case may benefit you, as the bank may be more likely to negotiate an alternative arrangement and save the time and resources associated with a lengthy foreclosure case. You must respond to a notice of intent from your bank quickly and seriously. Failure to do so within about 30 days could give the judge little to no choice but to side with your lender, letting them proceed with foreclosure and an auction. How Long Can You Miss Payments Before Your Bank Starts Foreclosure in New Jersey? Before a lender can file a foreclosure petition in court in New Jersey, the homeowner must be delinquent for a certain period of time, and the bank must inform the homeowner of their delinquency and its intent to foreclose. The bank can file its foreclosure complaint in court 30 days after sending you a notice of intent to foreclose. Generally speaking, lenders may send a notice of intent to foreclose letter to a borrower who is more than 120 days behind on mortgage payments. If you miss payments for just a few months, your bank might initiate foreclosure. If you anticipate facing foreclosure because you have missed multiple payments recently, our New Jersey foreclosure defense lawyers can draft a response to a notice of intent before you receive one. Our lawyers will then have about a month to respond to the notice; during this period, we may explore loss mitigation options that enable you to keep your home and avoid the other negative consequences of foreclosure, like the considerable hit to your credit. If a foreclosure complaint goes uncontested because the homeowner does not respond within 30 days, the judge assigned to the case may grant the bank’s request to foreclose, and a sheriff’s sale would follow soon after. How Long Will Most Lenders Negotiate Alternatives to Mortgage Foreclosure in New Jersey? Immediately after you receive a notice of intent to foreclose, our lawyers can review your mortgage agreement, payment terms, missed payments, income, expenses, and other information. We can evaluate the initial loan’s fairness and identify foreclosure alternatives through loss mitigation. Banks often want to avoid the foreclosure process if possible because it is costly and time-consuming for them as well. With this in mind, our lawyers can approach your lender with proposed alterations to the current loan agreement. For example, the bank might agree to extend your loan terms in exchange for smaller, more manageable monthly payments. Furthermore, we may design a repayment plan to address missed mortgage payments so that you do not fall further behind and risk facing foreclosure again shortly. Depending on how much you owe, your lender might only negotiate for a short time, especially if it believes it has a strong case to foreclose on your property. In these situations, a quick solution may be to file for bankruptcy, which can let you settle debts with your lender while keeping your home. Call Our Lawyers for Help with Your Foreclosure Case in New Jersey Call the New Jersey foreclosure defense lawyers of Young, Marr, Mallis & Associates at (609) 755-3115 for a free case analysis.

E.D.N.C. Ace Funding Source v. Williams Land Clearing- Interlocutory Appeals Ed Boltz Fri, 10/04/2024 - 17:11 Summary: Ace Funding sought interlocutory leave to appeal the denial of its motion to dismiss a case brought by Williams Land Clearing in a dispute which originated from four revenue purchase agreements between the parties, which resulted in litigation in New York. Ace Funding obtained a default judgment against Williams Land Clearing in New York, but Williams Land Clearing later filed for Chapter 11 bankruptcy. In bankruptcy proceedings, Williams Land Clearing argued that the agreements were criminally usurious under New York law and sought to avoid the transfers of receivables and to disallow Ace Funding's claims. Ace Funding moved to dismiss the bankruptcy claims based on the Rooker-Feldman doctrine, which bars federal courts from reviewing state court judgments, and argued that the agreements' New York choice-of-law provision should apply. The bankruptcy court denied Ace Funding's motion, and Ace sought to appeal that decision. The district court analyzed Ace Funding’s motion under the standards for interlocutory appeals, which require: A  controlling question of law; Substantial grounds for difference of opinion; and  That an immediate appeal may materially advance the litigation.   The court found that neither issue raised by Ace Funding—the application of the Rooker-Feldman doctrine or the choice-of-law provision—met the necessary standards. The court concluded that Ace Funding’s disagreement with the bankruptcy court’s application of law did not justify an interlocutory appeal. As a result, Ace Funding's motion was denied. Commentary: With the decision in Bullard v. Blue Hills Bank that the denial of confirmation is not a final appealable order,  one option to seek review is through an interlocutory appeal, but this case shows the high standard for obtaining that relief.  Alternatively,  a debtor could,  if the bankruptcy court explicitly states  what would be required to confirm a case,  propose a plan that comports with those requirements and object to that plan- as a risky maneuver. With proper attribution,  please share this post.  To read a copy of the transcript, please see: Blog comments Attachment Document ace_funding_source_v._williams_land_clearing.pdf (226.81 KB) Category Eastern District

Protection orders, usually called “protection from abuse” orders (PFA), are court orders that prevent defendants from contacting certain family members or loved ones. A PFA order may arise in domestic violence cases and is intended to protect victims, but it is often issued with little regard to the defendant’s rights. Violating the terms of a PFA order, even if the order is unfair, may lead to serious legal penalties. First, you can be arrested. Even something as simple as calling someone the order says you cannot contact may lead to a confrontation with the police. Second, you may be criminally charged with contempt. A PFA order is a court order, and when you violate a court order, the court tends to crack down hard. Call a lawyer immediately if you are accused of violating a PFA order. It is possible your actions do not violate the order, or someone is being dishonest. Whatever happens, contact your attorney immediately. Speak to our Philadelphia criminal defense attorneys at Young, Marr, Mallis & Associates by calling (215) 372-8667 and ask for a free case review. Consequences of Violating a Protection from Abuse Order in Philadelphia A protection from abuse order (PFA) is a court order common in domestic violence cases. Generally, it requires the defendant to stay away from specific people mentioned in the order, often a spouse or partner and perhaps their children. These orders are often used to separate alleged abusers from potential further victims, and courts tend to prioritize victims’ interests over the defendant’s rights. These orders often prevent defendants from contacting spouses, partners, children, and possibly other family or loved ones. Arrest for Violation of PFA Order If you allegedly violate a PFA order, you may be arrested. According to 23 Pa.C.S. § 6113(a), the police may arrest someone for a violation of a PFA order without a warrant as long as probable cause exists to support the arrest. The violation does not need to take place in front of the police or otherwise be observable to them. In short, this means that the police can arrest you for allegedly violating a PFA based on the words of others who might not be telling the truth. Discuss exactly how you were arrested with our Philadelphia criminal defense attorneys, as this information may be crucial to your defense. According to subsection (b) of the statute mentioned above, law enforcement may seize firearms, ammunition, and other weapons you have after arresting you for a PFA order violation. This is incredibly serious, as you have a Second Amendment right to have firearms and protect yourself. The authorities do not even have to prove that you did anything wrong to seize your firearms. On top of that, getting firearms returned can be a hassle, and it does not always happen. Criminal Charges for Violating a PFA Order In addition to being arrested for allegedly violating a PFA order, you might be criminally charged with contempt under § 6114(a). When the police, sheriff, or petitioner (i.e., the person who filed for the order) has filed a complaint regarding an alleged violation, the court may hold the defendant in contempt. While contempt charges are not the most serious offenses on the books, they may come with significant penalties that can make the underlying domestic dispute case all the more difficult. According to subsection (b) of this law, a sentence for contempt may include a fine of no less than $300 but not more than $1,000. You may also be sentenced to jail for up to 6 months. Alternatively, you may be similarly fined and sentenced to no more than 6 months of supervised probation. This can seriously complicate your case. For example, if you are in the middle of a divorce, it might be incredibly difficult to fight for custody of your kids while in jail for contempt charges. Where Do Protection from Abuse Orders in Philadelphia Come From? Protection from abuse orders may be issued when a person files a petition with the appropriate court alleging abuse. According to 23 Pa.C.S. § 6106(a), any adult or emancipated minor may file such a petition on their own behalf or on behalf of minor children or an incompetent adult. The petitioner must be able to explain the abuse and why they believe the order is necessary. Courts are aware that people sometimes exploit the system and file false claims of abuse. The PFA order is usually temporary at first and expires after a short while. However, another hearing may be held to determine if it should be made permanent. Permanent orders are not really permanent but may last for up to three years. When an order expires, the petitioner may ask the court to renew it. Many defendants find these orders to be very unfair. An initial temporary order may be issued in your absence and without your knowledge. Many defendants do not even learn about the order until after the court imposes it. What to Do if You Are Accused of Violating a Protection from Abuse Order in Philadelphia If you are bound by a protection from abuse order and someone has accused you of violating the order, your best bet is to contact a lawyer immediately. The police take violations of these orders very seriously and are likely going to make a move quickly. If someone has contacted the police about the alleged violation, they might be preparing to make an arrest as we speak. If the police come to arrest you, you should not resist, even if you know the accusations are false. Resisting the police is rarely helpful and usually makes problems worse. While cooperating is likely best, you should avoid answering questions from the police about the alleged violation. Your answers might incriminate you and be used against you later. Once you arrive at the police station, ask about calling a lawyer. Eventually, the police have to let you contact an attorney if you want to. Discuss the situation with your lawyer before talking to the police. If you truly did not do anything wrong, explain where you were and what you were doing when the violation supposedly occurred. Your lawyer can help you use whatever information you have to defend you. Contact Our Philadelphia Domestic Violence Defense Attorneys for Help Now Speak to our Philadelphia criminal defense attorneys at Young, Marr, Mallis & Associates by calling (215) 372-8667 and ask for a free case review.