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If you can still redo your mortgage in bankruptcy over 30 yrs...

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MrPerson Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Mar-03-09 05:49 PM
Original message
If you can still redo your mortgage in bankruptcy over 30 yrs...
We win. That change trumps all others.

Currently you have to pay your monthly payment plus pay the arrears over 60 months.

That still hasn't changed after all the changes.

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Nederland Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Mar-03-09 05:57 PM
Response to Original message
1. Can you clarify a bit?
I'm not sure what you are talking about...
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MrPerson Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Mar-03-09 05:59 PM
Response to Reply #1
2. The cramdown bill apparently will still be usable
even with the watered down provisions.

They're going to allow a debtor to redo their mortgage over at least 30 years and wipe out all arrears in the process.

In other words - yay.
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imdjh Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Mar-03-09 06:06 PM
Response to Reply #2
3. You have to be in the hole first?
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MrPerson Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Mar-03-09 06:07 PM
Response to Reply #3
4. Most people are.
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dysfunctional press Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Mar-03-09 06:11 PM
Response to Reply #4
7. do you have a link to back that up...?
just as MOST people still have jobs, MOST people are not behind or upside down on their mortgages, afaik...
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MrPerson Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Mar-03-09 06:12 PM
Response to Reply #7
8. News Google "cramdown"
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dysfunctional press Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Mar-03-09 06:16 PM
Response to Reply #8
10. where does it talk about most people being in the hole with their houses?
:shrug:
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MrPerson Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Mar-03-09 06:18 PM
Response to Reply #10
13. You said "in the hole"
Not in the hole on their houses.

Most people are in debt to their eyeballs.
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dysfunctional press Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Mar-03-09 06:21 PM
Response to Reply #13
16. no i didn't- you said that most people are, in response to someone else's mortgage question.
it's fairly obvious that most people in bankruptcy court are "in the hole" financially.
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MrPerson Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Mar-03-09 06:14 PM
Response to Reply #7
9. Psst. I do this for a living.
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dysfunctional press Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Mar-03-09 06:17 PM
Response to Reply #9
12. then it should be relatively easy for you to provide some backup....
when you said that most people are in the hole in regards to their mortgage.
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MrPerson Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Mar-03-09 06:19 PM
Response to Reply #12
14. I didn't say that.
Reread what you said.

Can we avoid a flame war please over this?

The good news is that poor people will be able to keep their homes.
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dysfunctional press Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Mar-03-09 06:22 PM
Response to Reply #14
17. maybe you should reread who said what...
"in the hole" wasn't my term to begin with.
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MrPerson Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Mar-03-09 06:23 PM
Response to Reply #17
18. Well then sorry. I meant in the broader sense
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MrPerson Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Mar-03-09 06:16 PM
Response to Reply #7
11. All my Chapter 13 clients have jobs.
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imdjh Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Mar-03-09 06:27 PM
Response to Reply #4
19. Looks like I should have been more specific
That I meant behind on their mortgage payments. But feature this: Comprehensive Consolidation. What if there was a program which allowed people to roll all their debt into their mortgage, keep the house, burn the credit cards? The credit card banks would be instantly in better shape wouldn't they? Not that they necessarily deserve this kind of save, from what I have read the credit card issuers are being even bigger assholes than usual, Chase Bank in particular (if that's possible).

I don't see this necessarily as a win-win, but at this point if we help those who can be helped and those who can't are going to crash and burn anyway, does it really matter if the crash and burn now or a year from now?
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MrPerson Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Mar-03-09 06:29 PM
Response to Reply #19
20. If you do a Chapter 13 you can pretty much
discharge the unsecured debt.

You file a plan with a 0% distribution to unsecured creditors.

If you have no disposible income after regular living expenses, you can get away with it.
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dysfunctional press Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Mar-03-09 06:09 PM
Response to Reply #3
6. if so- there's going to be a LOT of households with extra spending money over the next few months.
as a big chunk of those of us that are up to date try to fall behind.
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davidwparker Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Mar-03-09 06:31 PM
Response to Reply #2
21. what is 'arrears'?
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MrPerson Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Mar-03-09 06:32 PM
Response to Reply #21
22. Missed mortgage payments, late charges, atty fees, court costs.
Average arrears I see are 5 to 10 thousand.
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MrPerson Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Mar-03-09 06:33 PM
Response to Reply #21
23. Atty fees and Costs are usually 3k by themselves.
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MrPerson Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Mar-03-09 06:09 PM
Response to Original message
5. The fact that you can refi over 30 years and wipe out arrears
is the BIG change.

Lowering the interest rate - reducing the principal - not that big.

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On the Road Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Mar-03-09 06:21 PM
Response to Original message
15. If I Understand it Correctly
that seems like a very sensible provision:

- Don't let the banks drive homeowners into unecessary foreclosures.
- On the other hand, don't add to the woes of mortgage providers by causing more unessary losses.

- Give homeowners a way of dealing with the economic emergency without losing their house.
- On the other hand, don't forgive homeowners' debt -- just make it more manageable over the long term.

Seems to have all the right pieces.
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