• Mortgages, Bankruptcy, And Foreclosure In Tampa

    Mortgages, Bankruptcy, And Foreclosure In Tampa

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    If you are determined to prevent foreclosure on your home, you may decide that filing for bankruptcy is for you. Under both Chapter 7 and Chapter 13 bankruptcy, you are entitled to keep your primary home should you decide to file. Under Chapter 7, you may be required to liquidate your assets. With Chapter 13,…

  • FORECLOSURES 2022

    FORECLOSURES 2022

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    The last few years have been rough for Americans and the entire world. Stocks have been very volatile, inflation is up, and political unrest seems to be dividing the country even more than ever. To make matters even worse Foreclosures have been increasing over the past few months. In this article, we will discuss the…

  • What You Need To Know About The Foreclosure Process

    What You Need To Know About The Foreclosure Process

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    There are many financial responsibilities involved in owning a home. If you find yourself in a position where you can’t make the mortgage payments anymore, you face the risk of foreclosure. Fortunately, this is a process that you can halt anytime if you take the proper actions. Understanding How the Process Works You’ve received a…

  • WESLEY CHAPEL FLORIDA BANKRUPTCY ATTORNEY

    WESLEY CHAPEL FLORIDA BANKRUPTCY ATTORNEY

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    Need a Bankruptcy Attorney in Wesley Chapel, Florida? Since 1993, Weller Legal Group has been representing many in the Wesley Chapel community and the greater Tampa Bay region, in all matters relating to Bankruptcy, including Chapter 7, Chapter 13, and Chapter 11 Bankruptcy. Chapter 7 Bankruptcy is usually employed by Debtors seeking to Discharge or…

  • Should I File For Bankruptcy? –  Reasons Why Bankruptcy May Be Right For You

    Should I File For Bankruptcy? – Reasons Why Bankruptcy May Be Right For You

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    The decision to file for bankruptcy is a tough one no matter how you cut it. Going through the bankruptcy process takes time and money. Once a petition is filed, a person’s entire financial situation is a matter of public record and open to others. The process will take an emotional toll on the filer…

  • Reaffirmation Agreements In Bankruptcy

    Reaffirmation Agreements In Bankruptcy

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    The primary thrust of Chapter 7 Bankruptcy cases is to deal with consumer debts in such a manner as to ultimately “discharge” them – i.e. eliminate the obligation to pay certain types of debt and get a “financial fresh start”. While not all debts are subject to “discharge”, many of them – primarily “consumer debts”…

  • RAMIFICATIONS OF THE SUPREME COURT’S LAWLESS DECISION IN BANK OF AMERICA V CAULKETT

    RAMIFICATIONS OF THE SUPREME COURT’S LAWLESS DECISION IN BANK OF AMERICA V CAULKETT

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    MESSAGE FROM A BANKRUPTCY ATTORNEY IN CLEARWATER, FLORIDA PART TWO Jay Weller is a Bankruptcy Attorney in Clearwater, Florida. Jay Weller and Weller Legal Group have Law Offices in Clearwater, Port Richey, and Lakeland, Florida, and have filed over 40,000 Bankruptcies, since 1993. In order to understand this Article, please read Part One. What are…

  • MESSAGE FROM A BANKRUPTCY ATTORNEY IN CLEARWATER, FLORIDA

    MESSAGE FROM A BANKRUPTCY ATTORNEY IN CLEARWATER, FLORIDA

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    THE SUPREME COURT DECISION IN BANK OF AMERICA V CAULKETT FURTHER ILLUSTRATES ITS LAWLESSNESS PART ONE Jay Weller is a Bankruptcy Attorney with Offices in Clearwater, Port Richey, and Lakeland, Florida. In Caulkett, the Debtor filed Chapter 7 Bankruptcy. The Debtor in Bankruptcy owned a Home with a First and Second Mortgage. The Fair Market…

  • The Rise Of The “Foreclosure Rescue” Companies

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       With the many millions of homeowners having difficulty with the terms of their mortgages, there has been created a large number of groups that portend to assist such homeowners in modifying their mortgages. While there are legitimate and well meaning participants, there are also a number of unscrupulous foreclosure rescue companies that are essentially…

  • Chapter 13 Case Permits Cramdown Of Mortgages

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    Debtors In Bankruptcy in Tampa Area May Pay Only The Actual Value Of Their Homestead In Bankruptcy Provided Their Mortgage Terminates Before Five Years The 11th Circuit of the United States Court Of Appeals Ruled in American General Finance versus Richard W Paschen that the plain language of the Bankruptcy Code allows Debtors in Chapter…

  • Cramdown Of Mortgages On Principal Residences In Bankruptcy

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    Argument For Allowing Debtors To Pay Secured Value Of Homestead Through Chapter 13 Bankruptcy For Debtors who file Chapter 13 Bankruptcy, the Bankruptcy Code permits them to Cramdown or pay only the Secured Value of Fair Market Value of an Investment Property or Non Homestead Property through the Chapter 13 Bankruptcy Plan. However, Bankruptcy Code…

  • Current Landscape Of Loan Modifications And Foreclosures

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    Resets May Lead To Higher Loan Modification Defaults By Jay Weller According to The Mortgage Monitor Report by Black Knight Financial Services for February, 2014, about 95% of rate reduction modifications are still facing resets. Although Loan Modifications have been declining for more than a year, Loan Modifications through the Home Affordable Modification Program (HAMP),…