Posts Tagged ‘bank’

Is this trend a total disregard for the courts, mortgage fraud, or just oppressive tactics? O. Max Gardner III, a lawyer in North Carolina who represents troubled borrowers, says that he routinely sees lenders pursue borrowers for additional money after their bankruptcies have been discharged and the courts have determined that the default has been cured and borrowers are current. It seems like violation of federal court orders to most people, but it happens more often than you might think. Here is one example:

It pays to have an attentive lawyer when dealing with Countrywide. In breaking news of January 8 Countrywide admitted to fabricating documents related to the bankruptcy case of a Pennsylvania homeowner. Imagine how many similar cases are never identified. In the Countrywide case it is important to note that when the company invented the “letters” at least one was addressed to an office the homeowner did not have at the time. That was the first clue. The second clue was that the homeowner never received any of the letters.

It is quite apparent that directors and officers are getting sued over decisions related to subprime, while investors such as pension funds are suing lenders due to subprime losses. The finance sector led the way for class action suits, with 47 Wall Street firms sued in 2007, more than four times the number sued in 2006. Mom and pop operations are not the targets of big lawsuits, however, as law firms target major banks and investment houses. To that end this effort from Rhode Island seems to be a preventive measure:

A great article by the Economist says, in part, “If you put all that together, it is easy to see why an economy burdened by debt and a housing bust is in extra danger. Starved of funds and facing not just losses but lawsuits (see article), the banks are hoarding liquidity and capital. That can create a vicious circle. As the system of leverage that magnified credit collapses in on itself, borrowing becomes harder and demand falters. The rot can spread from housing to other areas, such as commercial property and credit-card debt. If the money-market funds then withdraw even more of their longer-term lending from the banks, then banks will need to conserve yet more capital. And so it goes dismally on.”

Thursday, December 20, 2007 President Bush signed a measure to provide financial relief for financially strapped homeowners facing foreclosure or in bankruptcy. The bill gives a tax break to homeowners who have mortgage debt forgiven as part of a foreclosure or renegotiating a loan. No taxes would be owed on the value of any debt forgiven or written off. Currently such debt forgiveness is taxable income.

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