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As it relates to what I do in life and converting a homestead to rental property, I can tell you that the 1st thing the lender asked in a recent case my firm was handling was, So. Can tell you that the answer was two years ago and that is when the property was turned into a rental.

With that in mind, we have just finalized a stipulated cramdown of the property and are on the verge of confirming the 11 Plan. They know how this is played and are more likely than not to catch any debtor who attempts to game the system. As one astute judge recently stated in a ruling, About half of the practice of a decent lawyer consists of telling would-be clients that they are damned fools and should stop. I made my post as a caveat and a suggestion that OP might conduct further research, which includes consulting a BK lawyer. And although there are many competent consumer BK lawyers, unfortunately there are also lots of bad ones out there. So, we are both partially right and partially wrong, LOL. The Ch13 BK court procedure is complex california payday loans including several procedures. And of course the filer must complete their Ch13 plan to be eligible for fast cash payday loans the strip at discharge. For example, since I know the ins-and-outs of bk law, I could play the game and wait a long time to file. In the context of a Chapter 11 or 13, the above is not correct.

Every appellate court that has addressed this issue has allowed the strip off. However, all of the lower level published decisions that I looked at allowed it. But for my issues with this thread, posts are excellent and appreciated. I just want readers of this wonder forum to understand that they can get rid of liens if the situation calls for it. Do you practice in a judicial or non judical state? BAPCPA does not stand for quick fast loans the proposition that one cannot strip off a wholly unsecured mortgage on a residence.

Advising someone to move out of their residence and turn it into a rental (on the eve of bk) so that one can accomplish a cramdown (different than a strip off) is bad advice. Manipulating the system like this would be bad faith and, perhaps, perpetrating a fraud upon the creditor and the court.


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Now, if someone moved out of their home and turned it into a rental long before filing, without the requisite intent to screw the creditor, utah payday loans that would be a different story. What is the required time frame needed to bad credit payday loans qualify in order for a debtor to not appear like they are manipulating the system? Bk attny in a community property state - both judicial and non-judicial but 99 percent of foreclosures are non-judicial. What is the required time frame needed to qualify in order for a debtor to not appear like they are manipulating the system?

Certainly the longer one waits the less likely requisite mind set can be proven, and, of course, the less likely the lender will raise the payday loan in minutes issue.

The most recent case we handled with the issue of rental vs. Client had moved closer to work and could actually make a few bucks by renting out the home.

If you see advertisements that promise unusually low attorneys fees for your area, be on alert. Often the attorney increases the quoted fee once you start the bankruptcy process. For example, the attorney might say he or she must charge you more because you have more than a threshold number of creditors, your debt is over some predetermined limit, or you are filing jointly with your spouse. However, these factors rarely make a Chapter 7 bankruptcy more complicated so do not usually justify a higher fee. Since 2007, the LoanSafe forums have helped millions of homeowners over the last 13 years either save their homes with a loan modification, obtain a short sale, forbearance, or walk away legally from their underwater mortgages. Am I really going to let some sham attorney review his financials? Using this lady was like trying to squeeze blood out of a turnip! Spent most of her time on it even though I already analyzed the numbers. The court waives charges to those who cannot afford fees and legal assistance. Also, you can learn by sitting and listening, while others go before the judge. Apparently, that gives me legal grounds or rights of some sort, both 1st and 2nd are reported as zero balance and discharged in bk on credit report.


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Well, until a troll seees this and tells the bank to make it worse anyway.

BAPCPA does not stand for the proposition that one cannot strip off a wholly unsecured mortgage on a residence.

Advising someone to move out of their residence and turn it into a rental (on the eve of bk) so that one can accomplish a cramdown (different than a strip off) is bad advice.

Manipulating the system like this would be bad faith and, perhaps, perpetrating a fraud upon the creditor and the court. Now, if someone moved out of their home and turned it into a rental long before filing, without the requisite intent to screw the creditor, that would be a different story.

If the property is your principal residence it does not matter if it doubles as income-producing. Since 2007, the LoanSafe forums have helped millions of homeowners over the last 13 years either save their homes with a loan modification, obtain loan with bad credit history a short sale, forbearance, or walk away legally from their underwater mortgages. There you can find complete details on how to figure insolvency and how to complete IRS form 982.

You want publication 4681 - the instruction side of the form 982 Mr. A short answer large unsecured personal loans to your main loan comparisons question is yes, they include IRA. That seems illogical since IRAs are exempt from attachment by a creditor but, they are an asset. Since 2007, the LoanSafe forums have helped millions of homeowners over the last 13 years either save their homes with a loan modification, obtain a short sale, forbearance, or walk away legally from their underwater mortgages. Communication: I have received one collection letter in 2016. Summary: There is no title chain on my county records (only original 2006 DOT filed on county records). The current servicer tells me to reach out to the low level credit collections. I am willing to ride this out for the SOL to kick in in 2027 (6 years after the 2021 maturity date). Since 2007, the LoanSafe forums have helped millions of homeowners over the last 13 years either save their homes with a loan modification, obtain a short sale, forbearance, or walk away legally from their underwater mortgages.

Assuming I follow the rules and filing of the paperwork in the timeframe required, as if it was a BOA mortgage, here are my questions please: Does the long lag time in NJ more due to the BOA bankster types, robo-signing etc and with a non-national bank such as hudson the timeframe may be shorter? Or is the long NJ lag time more of the back up in the court forclosure system? Assuming I follow the rules and filing of the paperwork in the timeframe required, as if it was a BOA mortgage, here are my questions please: Does the long lag time in NJ more due to the BOA bankster types, robo-signing etc and with a non-national bank such unsecured loans for you as hudson the timeframe may be shorter? Or is the long NJ lag time more of the back up in the court forclosure system? Like you have seen we have many other members here from NJ who have, or are in the middle of walking away from their New Jersey property. Every mortgage servicer must abide by state laws and cannot skip through the courts systems to push their delinquent loans ahead quick fast loans of others. We have some members well over two years and are still in their home.. Please keep us posted and feel free to join in on other discussions as well! Here are some other NJ threads you may want to look into.. And I recommend you follow member Acesful as he has posted excellent information about the NJ process in various threads around the forums.. Most of the information you find here is easily available quick fast loans on the internet. You should contact your attorney to obtain advice with respect to any particular issue or problem. The opinions expressed at or through this site are the opinions of the individual author and may not reflect the opinions of the firm or any quick fast loans individual attorney. Please Read our Privacy Policy and Legal Disclaimer I too have my mortgage with Hudson City Savings and am 3 months behind while I survey my options with regard to NJ Homekeeper or a mod of some sort with bank (so far not happening).