This article, explains a homeowner’s general rights to defend or delay a pending home foreclosure, how a chapter 13 bankruptcy can avoid foreclosure, the homeowner’s rights after the foreclosure sale, and additional rights to deal with nine special types of foreclosures.
Medical debt is pervasive in our society, even among those with insurance. This article provides advice for consumers on their best strategies and rights to deal with their medical debt. We encourage readers to share this article with clients, counselors, and others working with families in financial distress.
This article sets out consumer rights and tactics when past-due taxes are owed to the IRS, including how to reduce or pay your tax debt over time and a spouse’s legal obligation. Also covered are why you should file your tax return even if you cannot pay your taxes, steps the IRS takes to enforce a tax debt, and the impact of a bankruptcy filing.
This article explains options homeowners in financial trouble currently have to delay or reduce their mortgage payments. The latest guidelines are set out for Fannie Mae, Freddie Mac, FHA, VA, and RHS mortgage loans. The article also provides advice on applying for these options and deciding which option to select.
Access to Utility Service (6th ed. May 2018) (692 pp.) is now available in print and digital formats, updating the 2011 edition with regulatory and statutory changes and technological developments—an essential resource on gas, electric, water, and telecommunications service. Subscribers can access the digital edition now, and print subscribers receive their books in early June.
Over six million consumers are in imminent danger of their car being repossessed. This article provides advice for consumers on preventing car repossessions, steps to take after a vehicle’s repossession, and responding to the creditor’s demand for additional payment after a repossession.
Widespread criminal justice debt—arising from fines, fees, costs, and more—has an outsized impact on consumers, including millions of drivers losing their licenses, seizure of income and assets, and even incarceration. This article provides advice on limiting these consequences and asserting rights against collection of criminal justice debt.
Reverse mortgages are one way that families in financial distress can tap into the equity in their homes to meet their needs. This article provides advice for consumers on who should consider a reverse mortgage, how it works, foreclosure risks, impacts on spouses, partners, and heirs, and whether it is a good idea.
Millions of collection lawsuits result in court judgment debt, where creditors can garnish wages, benefits, and bank accounts, and even seize cars, homes, and other property. This article sets out consumer rights and strategies to limit these creditor remedies.
As explained in this article, effective April 19, CFPB mortgage servicing rules expand the rights of those inheriting homes, awarded a marital home in divorce, or otherwise succeeding in interest to a mortgage loan. The rules also offer an important new right for debtors in bankruptcy to determine if mortgage servicer fees and application of mortgage payments are proper.
NCLC’s Fair Debt Collection (9th ed. March 2018) (1774 pp. in two vol.) is available in both print and digital formats. As described in this article, the digital edition includes the FDCPA Case Connector, a unique practice tool allowing incredibly flexible search options to select from over 14,000 FDCPA case holdings.
Key to drafting a successful chapter 13 plan under the new Bankruptcy Rules is adding “nonstandard provisions” not found on the standardized forms. As set out in this article, NCLC now provides sample language for over thirty-five nonstandard provisions that attorneys can copy/paste into their plans.
As explained in this article, February legislation provides important tax relief to homeowners who faced foreclosure, short sales, or loan modifications in 2017. The Qualified Principal Residence Indebtedness exclusion that had expired after 2016 has been extended, allowing homeowners to continue excluding certain forgiven mortgage debt from taxable income.
2017 saw hundreds of new decisions and FCC actions interpreting the Telephone Consumer Protection Act, which provides significant statutory damages for unwanted calls, texts, and faxes. This article outlines the TCPA issues that received the greatest attention in 2017.
Too often those who are least able to afford it are taken advantage of at tax time. Now that 2017 tax returns can be filed, this article provides six important areas of advice for clients.
The Ninth Circuit, on December 27th, ruled that the Federal Arbitration Act does not apply to check diversion company arbitration agreements, because the agreements are, in effect, required by the state. This article explains the ruling and its significant implications for the enforceability of arbitration requirements involving criminal justice debt.
This article examines new bankruptcy rule amendments, effective December 1, that significantly alter chapter 13 practice. The new rules affect the form of the chapter 13 plan, procedures for valuing and voiding liens, filing deadlines for creditor proofs of claim, objections to proofs of claims, and objections to plan confirmation.
This article explains how to get information on your mortgage payments (with a sample “request for information”), what happens to partial payments, disputing the amount due, and what you need to know about escrow, property taxes, and insurance. Upcoming articles will address with new guidelines on loan modifications and defending a foreclosure.
The Supreme Court has just made it harder, but not impossible, for consumers to proceed in arbitration on a class basis. An ambiguous provision is insufficient to authorize class arbitration, but this article explains how language commonly found in arbitration agreements might still be found to authorize class arbitration.
The Supreme Court’s March 20 Obduskey decision limits FDCPA liability for conduct in non-judicial foreclosures. This article summarizes the Obduskey holding and then discusses which FDCPA claims arising from foreclosures are viable post-Obduskey.