Will Filing Bankruptcy Stop Foreclosure?

Posted by Reese Evans | Real estate | Thursday 15 October 2009 10:32 am
by Reese Evans

Sometimes people have to choose between filing bankruptcy or letting their mortgage lender foreclose on their property. However, it is not as simple as a case of either /or and a decision cannot be made this easily. A mortgage lender will initiate a foreclosure proceeding if the monthly mortgage payments fail to be met. There is only one way to stop this from happening and that is pay the mortgage lender. The loan for a mortgage is similar to an automobile loan; when an individual fails to make his automobile payment, the vehicle is taken from him by being repossessed. If you fail to make your monthly mortgage payments you too, could lose your home to foreclosure.

The definition of bankruptcy is to file legal paperwork to resolve an inability to pay debts. While the debtor is going through bankruptcy, this step puts an end to anyone engaged in civil proceedings. Therefore, according to law, the mortgage lender must stop all legal action (including foreclosure). However, a mortgage lender can file for relief from the automatic stay, and when the relief is granted, simply proceed with the aforementioned action. Declaring bankruptcy will not halt foreclosure and you still must repay your loan. Bankruptcy may make your financial problems easier to handle, but it will not make them completely go away.

Bankruptcy can help give a person the needed time, and sometimes make it easier to pay their mortgage lender. It will not, however, stop foreclosure should they still not be able to pay. Because of the fact that in a situation of bankruptcy, a mortgage lender will have to suspend a foreclosure action, the debtor has some time to raise the money and catch up. Discharging unsecured debts through bankruptcy may enable you to have more money to pay the mortgage payments.

The last resort for any debtor who is unable to keep up his repayment schedule at the prevailing circumstances, is to declare insolvency or bankruptcy to avoid further consequences. Under such circumstances, the court, based on financial details submitted by the creditor, may permit the debtor to repay the loan over a period of time by designated installments under Chapter 13 of the bankruptcy law.

Not everyone qualifies for bankruptcy and unfortunately if they do qualify, there are legal fees to pay. It may cost you more in legal fees than it does to just buckle down and make your mortgage payment. Talk with a licensed lawyer that specializes in bankruptcy to determine if bankruptcy can really help you avoid foreclosure. Bankruptcy is a complex process that is best handled by professionals.

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Home Buyer Concerns

Posted by James Weekson | Real estate | Thursday 15 October 2009 9:00 am
by James Weekson

Many home buyers are scared off because they have heard all of the stories about how no one is lending money and that people with bad credit cannot buy a home and obtain a mortgage. First, there is always someone lending money. The high end banks may restrict how much they lend out and to who they lend to, but there are always other lending options out there. Second, people with bad credit may not get the best interest rate, but they can buy a home and obtain a mortgage.

One thing that a new home buyer or someone who hasn’t purchased one in a large time needs to keep in mind is that adjustable rate mortgages should be avoided whenever possible. This is because you don’t want a mortgage that you can’t get out of and eventually won’t be able to afford.

When the only way out is foreclosure, you picked the wrong kind of loan. Do not let anyone fool you, a fixed rate mortgage loan is always better, even if it means that you have to pay an additional one or two percent in your interest rate.

If you are forced to accept an adjustable rate mortgage just because that is the only choice you have, then you want to ensure that you have a long term plan. This means doing whatever you can immediately in order to improve your credit rating so that you eventually will be able to refinance before the first increase of the interest rate takes place. If you can’t do that by the first time, then at least the second. This plan enables you to purchase the home you want and you can enjoy a lower interest rate for a couple of years before refinancing.

When buying, if you are having difficulty rounding up the down payment and on top of that the closing costs, you should seriously consider asking the seller for help. More often than not they will compromise by paying all or at least some of the closing cost. This benefits the seller by helping them to dispose of the property.

You will find that sellers can be very willing to work with you since they usually need the cash, or it is a divorce settlement or trying to keep their credit intact by avoiding a foreclosure.

Another thing that you want to remember is that you may be forced into purchasing mortgage insurance. This typically happens when the down payment is less than twenty percent of the home loan amount. The mortgage insurance premium is built into your monthly mortgage expenses each month, which means it is generally affordable.

There is a multitude of facts and information to absorb when going to buy a home and it is irrelevant if it is the first or the tenth, there will always be more questions to ask and things to worry about. You should be on your way but just ask questions and get advice when you need it.

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Things That Your Moving Company Isn’t Likely To Tell You

Posted by Jennifer McClelland | Real estate | Thursday 15 October 2009 8:46 am
by Jennifer McClelland

There are many crooked moving businesses out there (this is probably one reason when I moved, my family never hired someone). You actually have to look at who you hire to move your belongings and that you’re sheltered in any agreement you agree to.

Here are items that a moving corporation won’t inform you:

1) They might end up with your thingspurposely.

From SmartMoney:

Simply inquire Spyro Malaspinas, a injured party of a substandard move. He sings that Nation Van Lines, that he hired to shift his possessions from Austin, Tex., to Chicago in January 2003, raised his bill from an ballpark figure of $1,050 to just about $4,300. The movers, according to Malaspinas, said his goods measured 500 cubic feet more than predictable. When Malaspinas threatened to phone the police, the drivers made off with his possessions, which he estimates were worth $47,000. Despite an FBI investigation and the March arrest of Nation owner Eli Peretz by the FBI for alleged crimes with another moving company, Malaspinas wasn’t excited with the concluding findings: He only got back around $25,000-and by no means saw his possessions once more. The understanding was “paralyzing,” he says. “It’s not like somebody stealing your wallet; they have stolen everything you’ve got.” (Peretz’s lawyer did not return our calls; Nation Van Lines has since closed.)

2) The FBI has a little notice in lots of moving businesses. Thanks to shifty business practices like the one mentioned above, the FBI has looked into many different moving companies. Companies have been known to partake in con, money laundering, and extortion just to name a few things.

3) Due to the detail that some moving corporations’ shady practices are seen as national matters, restricted police will probably by no means touch an issue you may have with the companymaking the company nearly untouchable. The FBI is interested in getting scammers to stop, not necessarily getting your stuff back.

4) Another person other than individuals you employed may be delivering your belongings. In the summer months, when moving companies do the majority of their business, they may end up contracting out work to other companies that are dishonest or who you weren’t expecting.

5) Many movers are extremely inexperienced. Moving companies have been known to get day laborers to deliver and ship your things. They also contract self-governing truck drivers.

Not all businesses are sour, you just have to be an knowledgeable consumer and do the investigate before you hire a corporation. Ripoffreport.com and BBB.org are just two websites where you can find in sequence out about a business before you appoint them.

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Long Distance Moving Companies: 5 Fraudulent Techniques To Be Aware Of

Posted by Noelene Kahiapotis | Real estate | Thursday 15 October 2009 7:33 am
by Noelene Kahiapotis

When looking for a moving company, you might think that any company with a good reputation will do, but you would be wrong. Being an unregulated business, the moving business is a common place to get cheated.

While checking with the BBB, only last year there were a staggering 9,405 complaints filed against moving companies. As the regulatory agency that oversees movers has limited resources, it can not always protect you from numerous scams that even reputable moving companies can be guilty of.

Low Rate Bids

The most popular moving industry scam is giving you a low estimate and then changing you extra fees at your destination – sometimes as much as quadruple the original amount your signed for! If you don’t pay, the moving company may keep your possessions in the store house until you decide you are ready to pay the extra charges. Even if you’ve signed a “binding and not to exceed quote” you are not safe, so be sure to read every word of the contract!

Passing Your Move To A Subcontract

Some companies deliberately overcharge their clients and then subcontract the job to other movers at a considerably lower price. Such subcontractors are not subject to the contract that you’ve signed and they are not bound to the schedule that you agreed to. What makes things even worse is that their employees usually have no real experience in moving fragile items, so breakage is not infrequent.

Low Insurance Coverage

Breakage is another common scam that consumers usually complain about when moving their households. Most people don’t know that many companies will pay them only $60 per each pound damaged. Which means that if your gorgeous plasma TV purchased for a few thousand dollars gets broken, you will be reimbursed only $30!

To protect yourself from damage during a move you should add a rider to you homeowners policy. You should also take pictures of your goods and make sure you and the movers sign a statement of the condition of your items before you sign the receipt!

Cost According to Cubic Footage

The fourth potential scam is in the measurement of weight versus cubic feet moved. You are allowed to watch weigh-ins and verify the number, but a mover can make your load take up as much space as they want it to in order to jack up the charges. You should calculate the weight of each item by dividing the total weight by the number of items. Beware if you arrive at more than 45 pounds for each piece.

Extra Charges For Parking

The fifth common scam is extra charges incurred by claiming the movers could not park their truck in front of your residence, resulting in “long carries” from half a block or so away. The total can run well into the thousands of dollars! So, make certain that you plan how to steer clear of this scam.

How To Avoid Scams

You can avoid these scams by reading moving company reviews on the internet or consumer publications, getting several quotes, having an attorney approve the contract, and documenting the condition and weight of your load. It may be a good idea to ask friends who’ve moved recently which companies they used and how well the movers performed.

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OptionsXpress vs Scottrade – Online Broker Comparison

Do you use OptionsXpress or Scottrade and wonder which one is better for your needs? If you are an investor, the best online broker is a topic that you are very interested in, yet there are so little information out there. Today, let’s try to uncover the cloud surrounding which broker is better in our featured post: OptionsXpress vs Scottrade.

Basic Fees Comparison

Stock Trades

Option Trades

  • OptionsXpress – $15 per 10 contracts
  • Scottrade – $7 + $1.25 per contract (10 contracts would cost $19.25)

Mutual Funds

  • OptionsXpress – $14.95
  • Scottrade – $17

Futures

  • OptionsXpress – $2.99 per contract
  • Scottrade – Unavailable

People who strictly invests in stocks are better served (at least cost wise) to go with Scottrade since it offers a flat $7 a trade for unlimited shares. OptionsXpress on the other hand has a tiered system, so for traders who at least trade 3 times a month, the cost difference seems minimal at $2.95 more a trade.

Once you step into more advanced trading vehicles though, and OptionsXpress starts to shine a bit more. Options and mutual funds both tip in the favor of OX, and it is the only way to trade futures (in case you ever want to get into that market).

Beyond the Basics

While almost impossible to prove, OptionsXpress is known for its incredibly efficient fill rate and trade execution. In fact, the company calls it XpressRouter, which guarantees its customers the best execution at the best price. The broker also claims that it saved its customer more than $1.3 million just in the last quarter alone, so short term traders should look beyond the per trade price and consider this broker.

Scottrade on the other hand is widely known for its awesome customer support. They also offer the most physical branches out of any discount brokers just in case anyone needs to see a representative face to face.

Another good benefit is their $27 broker assisted trades. With this, Scottrade will help you make a trade just in case you’d rather do it over the phone, or even in person.

Online Broker Comparison Conclusion

For beginners or people who just want to make simple stock trades, Scottrade seems to be a great option since their top notched customer service rep will help answer any questions you may have.

Click Here to Open a Free Scottrade Account

However, the more sophisticated investor who is after the absolutely best fill rate, easy to use options trading platform, and great pricing on more advanced trading vehicles, OptionsXpress seems to edge out in this comparison.

Click Here to Open a Free OptionsXpress Account

$0 Cost Transfers

Both Scottrade and OptionsXpress will reimburse the nasty transfer out fees that most brokers charge you for. In fact, both brokers set the dollar amount at $100, meaning that they will give you, up to $100, of the account transfer fee once you have your assets transferred over.

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