Bankruptcy The Most Effective Tool In Helping Homeowners Facing Foreclosure

February 11th, 2009 by Reed Allmand

Since the foreclosure crisis began and came to the attention of the general public in 2007, homeowners, advocacy groups and government officials have been trying to discover a way to stem the tide of foreclosures. Up until now, the most widely used tool has been voluntary mortgage modification programs that are run and controlled by the very mortgage companies that created unaffordable and often toxic mortgage which have caused the drastic rise in foreclosures. But do we really want to give mortgage companies the sole responsibility and power of modifying toxic mortgages? The best way to empower homeowners facing foreclosure and reduce the number of foreclosure nationwide is to allow bankruptcy courts to modify toxic mortgages for homeowners facing foreclosure who are unable to get reasonable modifications through their mortgage servicer.

Many consumer, civil rights, housing and labor organizations agree that mortgage modification in Chapter 13 bankruptcy is the most effective strategy for reducing the number of foreclosures. Even Credit Suisse agrees that allowing mortgage modifications in Chapter 13 bankruptcy would immediately slash foreclosures by 20 percent. But not just that, the fact that homeowners facing foreclosure might have the option of modifying their mortgage in Chapter 13 bankruptcy would offer an real incentive for mortgage companies to offer reasonable and affordable modifications.

About Reed Allmand

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Allmand's vision is rooted in his own financially precarious childhood in Abilene "My father always had difficulty holding a job and supporting our family, so after my parents divorced when I was 12, my sister and I got jobs to help make ends meet," he recalls. "I remember what it felt like as a child to worry that our car would be repossessed or home foreclosed on."

View all posts by Reed Allmand

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    FAQ

    Why do I need to submit a new wage order when I modify my plan

    When we modify your bankruptcy plan we are changing your plan payments. This means that we have to get with your employer and change the terms and amount of your wage order. The only way we can do that is by filling out a new wage order form.  

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    What happens if the stay terminates on my home?

    If the bankruptcy stay terminates on your home that means that even though your in bankruptcy, your creditor can pursue all there legal remedies they can pursue if you were not in bankruptcy. This includes foreclosure, and having your house sold and evicting you from your house.

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