The National Consumer Law Center (NCLC) has created an online Bankruptcy Mortgage Project Website for courts, trustees, attorneys, mortgage servicers, academics, and consumers in the bankruptcy community. It organizes and provides access to more than 500 local rules, forms, general orders, and court opinions addressing a variety of mortgage issues in consumer bankruptcy cases across…
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Category Archives: Foreclosure
Six Joins 50 State Investigation of Foreclosure Robo-Signers, Fraud
Kansas Attorney General Steve Six joins attorneys general and mortgage regulators from all 50 states to investigate robo-signing foreclosure documents, false affidavits, fraud and other irregularities in home mortgage foreclosures. “We believe such a process may constitute a deceptive act and/or an unfair practice or otherwise violate state laws,” according to today’s statement by the National…
Home Affordable Modification Program Video
The U.S. Trustee’s office produced a video and written materials on the Home Affordable Modification Program (HAMP). If you are trying to save your home from mortgage foreclosure by modifying your mortgage, this information may assist you.
Foreclosure No Excuse for No Credit Counseling Before Bankruptcy
FAILURE TO OBTAIN CREDIT COUNSELING—EXIGENT CIRCUMSTANCES In re Thomas, Case No. 06-10242 March 2006, Judge Nugent Pro se case dismissed for failure to obtain credit counseling. Certificate of exigent circumstances which recites pending foreclosure insufficient, case dismissed. 109(h)(1).
Kansas Home Foreclosures Up 40%
The home mortgage foreclosure crisis got dramatically worse in Kansas in July, August and September 2009. RealtyTrac, a California company that tracks foreclosures, reports 3,402 foreclosure filings in Kansas during the third quarter, an increase of almost 40%. The Kansas foreclosure rate is below the national average of one in every 136 households. The foreclosure…
Foreclosure Truth: Few Getting Help
As of 9/1/2009, only 1,711 permanent loan modifications 1.26% trial modifications made permanent 1 in 8 mortgages in default or foreclosure foreclosure delayed, not avoided 10-12 million foreclosures predicted 50% mortgages will be underwater if problem not solved
Foreclosure Prevention Toolkit
FDIC has published this online took kit to help homeowners prevent unnecessary foreclosures and stop foreclosure “rescue” scams that promise false hope to consumers at risk of losing their homes. * Is Foreclosure Knocking at Your Door? This brochure explains how mortgage modification programs can help those at risk of foreclosure save their home. *…
Watch Out for Mortgage Modification Scams
Watch out for all the mortgage modification scams out there preying on good people who desperately want to keep their home mortgage out of foreclosure. Many of the mortgage brokers who formerly got people into subprime loans are now calling themselves mortgage modification agents. “You should not have to pay someone to help you with…
Can They Take My Home Away from Me if I File Bankruptcy in Kansas?
Kansans in financial distress often ask, “Will I will lose my home if I file bankruptcy?“ The simple answer is that most Kansans do not lose their home if they file for bankruptcy. We are lucky in Kansas to have a homestead law that protects one acre of land in the city and 160 acres…
What Interest Rate Does the Chapter 13 Bankruptcy Trustee Pay on Secured Claims?
EXPLANATION OF THE TOPEKA DISCOUNT RATE by Jan Hamilton, Standing Chapter 13 Trustee The Discount Rate (Interest Rate) for chapter 13 bankruptcy cases filed in Topeka, Kansas, on or after March 1, 2009, is 4.75%. This rate will typically be changed no more than once a month, on the beginning of the month. Beginning on…
Call Kansas Senators to Support Judicial Mortgage Modification in Bankruptcy
Judicial modification of residential mortgages in chapter 13 bankruptcy is part of H.R. 1106, which passed in the U.S. House of Representatives last week. The bill now moves to the U.S. Senate and may come up for a vote this week. We need your help to get the bill passed into law. Call your Kansas…
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Jill Michaux & Mark Neis
Attorneys at Law
Bankruptcy Law Office
Neis & Michaux, P.A.
825 Bank of America Tower
534 S. Kansas Ave., Ste. 825
Topeka, KS 66603-3446
T: 785-354-1471
F: 785-354-1170
Email: lawyers@neismichaux.com Website: www.neismichaux.com
Board Certified in
Consumer Bankruptcy Law
by the American Board of
Certification -
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