Unsure what to say about this week's episode. I fired up the mic after a particularly troublesome "mediation" I had with Ocwen. I put "mediation" in quotes because the bank was clearly not mediating in good faith - and they rarely do.
In a typical mediation, one party starts with one perception of the case, and the other party starts with a competing perception of the case. The role of the mediator is to assist both parties in some middle-ground compromise unless, of course, we're talking about a loan modification mediation - in which case the bank pays lip service and asks the homeowner to provide multiple copies of the same documents. The bank representative then ignores those copies, asks the homeowner to send in yet another copy of the same documents, ignores those documents and then tells everyone at mediation that the bank is missing documents!
In all of my years assisting homeowners in foreclosure, I've walked away from the mediation with a signed loan modification ONCE and that was with a credit union. The purpose of that stat is not to discredit myself or my abilities, but more to point out that the banks never mediate in good faith to try for a resolution. In fact, at one mediation, I had a bank's attorney admit, "the only reason for mediation is to see if the homeowner provided all of the necessary documents."
Luckily, many less people are in danger of foreclosure now than when mortgage foreclosure mediations were created as a specific type of mediation. Hopefully, this is process that will end its uselessness soon, so we can proceed to have good faith discussions on how to resolve mortgage foreclosures.
If you're trying to modify your home mortgage, you could get more relief by hitting yourself over the head with a hammer. Before you do that please contact me at Shawn@YesnerLaw.com or www.YesnerLaw.com.
The Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA) made major revisions to the Bankruptcy Code. In this week's episode of The Crushing Debt Podcast, we talk about one of the more sweeping changes - the Means Test.
The means test is complicated and there is an art and a science to completing the information. The means test is important because it helps determine whether someone can file Chapter 7 (Liquidation) or Chapter 13 (reorganization).
In this week's episode of the Crushing Debt Podcast, we interview Gordon Newton, President and Co-Founder of the Newton Group.
Do you have a timeshare that you don't want anymore? Were you "oversold" on your timeshare? Are you interested in buying a timeshare?
If so, check out "The Consumer Guide to Timeshare Exit" written by Gordon, which is available on his website at www.newtongrouptransfers.com/guide
Although he's not an attorney, I first heard Gordon on The Cash Flow Guys podcast, and talked about a particular nasty timeshare exit client that I have - he was very helpful with strategy.
If you have a timeshare and want to exit out of it, or want to know if its a good idea for you to buy, check out The Consumer Guide to Timeshare Exit, contact Gordon, or contact me at Shawn@YesnerLaw.com or www.YesnerLaw.com
Today is also my mom's birthday!! She turns 21 every year, it's amazing. Those of you who can, reach out and say "I love you" to your moms today, I know I will be!
In this week's episode, I go over Schedules I & J of the Bankruptcy Petition.
Schedule I describes the debtor's income - all sources of the debtor's income: wages, income from operating a business, interest and dividends, family support (like alimony and child support), unemployment, social security, pension, government assistance, and "other." Basically any and every source of income must be disclosed on Schedule I.
Conversely, Schedule J describes all of the debtor's expenses - rent, utilities, food, medical bills, insurance, taxes, car payments, alimony and child support, and other payments that you make. The trick to Schedule J is that the expenses must be accurate, but also reasonable.
Schedule I & J help the trustee determine that the debtor should be in a Chapter 7 (Liquidation) or Chapter 13 (reorganization), and that the debtor's payment to creditors, if in a Chapter 13, is reasonable.
We interviewed personal injury attorney Dale Appell in Episode 123 of The Crushing Debt Podcast. Dale is back for this week's episode. I talk to Dale about different topics like:
- Can a Parent be Responsible for their Kids bad driving habits;
- What to do before calling your insurance company;
- Giving a statement to your insurance company;
- What happens if you're injured at the Hard Rock Casino (or other Native American property); and
- Where can a personal injury lawsuit be filed? What if one party lives out of state? What court, Federal or State, has jurisdiction?
Dale can be reached at DAppell@wefightforjustice.com, or visit his website at www.wefightforjustice.com. Or you can contact me at Shawn@YesnerLaw.com or www.YesnerLaw.com.