Homeowners' rallying cry: Produce the note

ZEPHYRHILLS, Fla. (AP) — Kathy Lovelace lost her job and was about to lose her house, too. But then she made a seemingly simple request of the bank: Show me the original mortgage paperwork.

And just like that, the foreclosure proceedings came to a standstill.

Lovelace and other homeowners around the country are managing to stave off foreclosure by employing a strategy that goes to the heart of the whole nationwide mess.

During the real estate frenzy of the past decade, mortgages were sold and resold, bundled into securities and peddled to investors. In many cases, the original note signed by the homeowner was lost, stored away in a distant warehouse or destroyed.

Persuading a judge to compel production of hard-to-find or nonexistent documents can, at the very least, delay foreclosure, buying the homeowner some time and turning up the pressure on the lender to renegotiate the mortgage.

"I'm going to hang on for dear life until they can prove to me it belongs to them," said Lovelace, a 50-year-old divorced mother who owns a $200,000 home in Zephyrhills, near Tampa. "I'll try everything I can because it's all I have left."

In interviews with The Associated Press, lawyers, homeowners and advocates outlined the produce-the-note strategy. Exactly how many homeowners have employed it is unknown. Nor is it clear how successful it has been; some judges are more sympathetic than others.

More than 2.3 million homeowners faced foreclosure proceedings last year and millions more are in danger of losing their homes. On Wednesday, President Obama will unveil a plan to spend at least $50 billion to help homeowners fend off foreclosure.

Chris Hoyer, a Tampa lawyer whose Consumer Warning Network Web site offers the free court documents Lovelace used to file her request, has played a major role in promoting the produce-the-note strategy.

"We knew early on that the only relief that would ever come to people would be to the people who were in their houses," Hoyer said. "Nobody was going to fashion any relief for people who have already lost their houses. So your only hope was to hang on any way you could."

Tom Deutsch, deputy executive director of the American Securitization Forum, a group that represents banks, law firms and investors, dismissed the strategy as merely a stalling tactic, saying homeowners are "making lawyers jump through procedural hoops to delay what's likely to be inevitable."

Deutsch said the original note is almost always electronically retained and can eventually be found.

Judges are often willing to accept electronic documentation. And lenders are sometimes allowed to produce other paperwork to establish they are the holder of a loan. Still, assembling such documents to a judge's satisfaction takes time, which to homeowners is the point.

Lovelace filed her produce-the-note demand last fall after the bank acknowledged that her original mortgage document had been lost or destroyed. Since then, there has been no activity on the foreclosure — no letters from the lender, no court filings.

The law firm handling the foreclosure for the lender refused to comment.

A University of Iowa study last year suggested that companies servicing mortgages are often negligent when it comes to producing the documentation to support foreclosure. In the study of more than 1,700 bankruptcy cases stemming from home foreclosures, the original note was missing more than 40 percent of the time, and other pieces of required documentation also were routinely left out.

The first big success of the produce-the-note movement came in 2007 when a federal judge in Cleveland threw out 14 foreclosures by Deutsche Bank National Trust Co. because the bank failed to produce the original notes.

Michael Silver, a lawyer for two of the families in that case, said at least one eventually lost their home. Still, he considers that a success.

"From the perspective of the person who's in the home, you may have kept them in the house another 10 or 12 months," he said. "If I can get a result with economic benefits to a client, then I think I won."

Democratic Rep. Marcy Kaptur of Ohio endorsed the strategy in a fiery speech on the House floor during debate on the federal bank bailout last month.

"Don't leave your home," she said. "Because you know what? When those companies say they have your mortgage, unless you have a lawyer that can put his or her finger on that mortgage, you don't have that mortgage, and you are going to find they can't find the paper up there on Wall Street."

April Charney, head of foreclosure defense for Jacksonville Area Legal Aid in Florida, said the strategy has been so successful for her that she now travels around the country to train other lawyers in how to use it. She said she has gotten cases delayed for years by demanding that lenders produce paperwork they cannot find.

"This is an army of lawyers getting out there to stop foreclosures so we can get to the serious business of creating solutions," Charney said. "Nothing good is going to happen as long as we continue to bleed homeowners."

If you are feeling the crunch of unemployment and do not seem to have enough money to pay your bills bankruptcy may be an option for you.  For a free bankruptcy consultation contact Fears | Nachawati Law Firm, Phone (866) 705-7584. Immediate Assistance

Public Fears About The Economy

By DARLENE SUPERVILLE - Associated Press

WASHINGTON -- As the economy continues to struggle, the public is growing increasingly concerned about losing jobs, not having enough money to pay the bills and seeing their retirement accounts shrink, according to an Associated Press-GfK poll.

 

Nearly half of those surveyed said they worry about becoming unemployed - almost double the percentage at this time last year.

 

The poll released Wednesday also found public support dipped slightly in the past month for the $787 billion package of tax cuts and government spending President Barack Obama signed into law this week on the promise that it will save or create 3.5 million jobs and re-ignite the economy.

 

"I lost a job myself," said Edd Winkler, 40, a married attorney and father of two in Grand Rapids, Mich. "There were just too many attorneys for the amount of work we had coming in to the firm at that time." Winkler has opened his own practice, and says most of his work involves bankruptcies.

 

"I know a lot of other people who have lost jobs," he added.

 

Mariann Lewis, 55, of Stewartstown, Pa., says she was laid off this month from her job in a grocery store's deli department.

 

"It's pretty sad when a food store lays people off," said Lewis, who is married. "It's not like people are going to stop buying food."

 

Lewis said she didn't work there long enough to qualify for unemployment, and her family has begun using credit cards to pay for expenses, including a relative's funeral. "We went through all of our savings," she said.

 

Winkler and Lewis are among those who are increasingly worried about their personal economic circumstances, according to the poll.

 

Nearly half of those questioned, 47 percent, worry at least somewhat about losing a job, up from 28 percent in February 2008. Nearly three-fourths, or 71 percent, say they know someone - a friend or a relative - who has lost a job in the past six months because of the economy.

 

Fear of being thrown out of work is so widespread that equal percentages of higher- and lower-income workers, 47 percent, worry about losing their jobs. Last year, only 20 percent of those earning $50,000 or more annually worried about joblessness, as did 35 percent of those earning less than that.

 

Nearly two-thirds of people, 65 percent, are at least somewhat worried about paying their bills, up from 46 percent last year.

 

More than two-thirds, 69 percent, worry that the value of their stocks and retirement investments will drop, up from 59 percent a year ago.

 

More than half, 53 percent, aren't confident they'll have enough money to live comfortably in retirement, up from a third, 34 percent, in February 2005.

 

Dean Verinder, a 40-year-old Houston engineer who fears declining oil prices will cost him his job, said he's saving money these days.

 

"I'm not putting any money into the stock market," he said. "I was lucky. I pulled all my money out before it crashed."

 

Support for the economic stimulus plan, which Obama signed Tuesday, was at 52 percent, compared with 55 percent last month.

 

Winkler said he wasn't confident the program would create jobs, and thinks that those it does create will be low-paying.

 

"Until we can somehow keep jobs here and create actual real paying jobs, not Wal-Mart greeter jobs, those things won't work," he said.

 

Risa Stoller-Black, a 24-year-old married homemaker from Wapato, Wash., said the stimulus package would create jobs.

 

"I don't see how it couldn't, if there's money to employ people," said Stoller-Black, who has a 4-year-old daughter. "It's just disappointing that we have to get to this point in the first place."

 

About a month into his new job as president, Obama's approval rating was at 67 percent, a slight dip from the 74 percent he received before his Jan. 20 inauguration. By comparison, just 31 percent approved of Congress' job performance, up seven points from December.

 

In other findings:

 

-Nearly two-thirds, or 62 percent, think Obama is making about the right amount of effort to cooperate with Republicans in Congress on solving the country's economic problems. About the same percentage, 64 percent, think the GOP isn't doing enough to cooperate with the Democratic president. Despite courting Republicans during negotiations on the stimulus bill, it passed with no GOP votes in the House and just three GOP votes in the Senate.

 

-People don't think much of last year's $700 billion bailout for the financial industry. Nearly half, or 47 percent, say it had no real effect on the economy, and about a third, or 32 percent, say it actually made things worse.

 

The AP-GfK poll was conducted Feb. 12-17 and involved landline and cell phone interviews with 1,001 randomly chosen adults. The margin of sampling error was plus or minus 3.1 percentage points.

Are we seeing a rerun of the 80's

A perfect storm of job losses, plunging oil prices, dramatic overbuilding and changes in a tax law blew through Texas in the 1980s, leaving San Antonio's commercial real estate market in shambles.

Though today's commercial market has slowed enough for people to start comparing it with the '80s, most in the industry say it's not as bad, and probably never will be.

“I've been to this rodeo before. I've seen the good times and the bad times. No one came to help us in the 1980s. Texas was the doormat,” developer Marty Wender said. “There is no comparison to where we are today and where we were.”

Perhaps no one remembers the '80s better than Wender, 62, who has been in San Antonio since 1969.

Wender kicked off growth on the far West Side with his Westover Hills development. Also, he had a hand in SeaWorld's 1988 arrival and in the creation of Texas 151 and the Hyatt Regency Hill Country Resort, among other projects.

But Wender also filed for Chapter 7 bankruptcy protection in 1991, and a judge wiped out his $67 million in debts.

“You either let tough times destroy you, or you get tougher,” he said. “Texas has been galvanized, it has become stronger because of adversity,” including the demise of the 1980s real estate market, he said.

Though many in the industry are optimistic, it's still too early for some people to say the market will steer clear of past conditions.

If the credit markets don't loosen, “it's going to be long and ugly,” said Harold Hunt, an economist with the Real Estate Center at Texas A&M University.

The market then and now

Here are some of the ways we're different than we were in the '80s.

Vacant office space in San Antonio hovered around 30 percent in the 1986, while at the end of 2008 office space was about 17 percent vacant, according to NAI REOC Partners, a local real estate company.

Retail space in 1986 was 19 percent vacant. At the end of 2008, it was 13 percent.

And there were about 200 apartment units permitted in 1988, compared with about 4,500 units permitted last year.

Foreclosures also played a more prominent role in the 1980s.

In 1988, 411 commercial properties together valued at more than $306 million were sold at the commercial auction in Bexar County, according to RexReport.com. In 2008, 174 foreclosed properties worth $90 million were sold, according to Foreclosure Listing Service.

“There does not appear to be an alarming number of postings among the quality commercial properties,” said Bonnie Brown of FLS.And at no time since 1970 has unemployment been higher than it was in the late 1980s. The 1986 state unemployment rate was 8.9 percent compared with a 6 percent unemployment rate in December 2008.

 Job cuts and oil losses

Texas usually outpaces U.S. job growth. In 2008, Texas added 153,600 jobs compared with 2.6 million jobs lost in the U.S. But from 1985 to 1988, the opposite was true.

“I remember everybody leaving — project managers leaving, businesses closing, going to other states and looking for work,” said Maryanne Guido, CEO of Guido Brothers Construction Co. “Now all I see are people are coming here.”

San Antonio added 26,700 jobs in 2008, according to the Texas Workforce Commission.

In the '80s, the high job loss meant more vacant office and shopping space. Today, vacant space shouldn't increase too much because of the stable job numbers.

And growth in the military is one key to San Antonio's stability that hasn't always existed. The military is spending $2.1 billion here in base realignments, a move that will also add about 10,000 jobs to the area by 2012.

“San Antonio has its own stimulus package,” said R. Glen Ayers, an attorney with Langley & Banack

In the '80s, Texas was more dependent on the oil and gas industry than it is today. So when the price of oil plunged in the mid-1980s, the Texas economy and the real estate industry fell with it.

In 1986, a barrel of oil averaged just under $28, adjusted for inflation. Currently, it's around $40.

“We have a more diversified local and state economy as opposed to what we had in the '80s,” said Robert Hunt, senior vice president of commercial development with Embrey Partners Ltd. since 1988. 

 Overbuilt

Part of the real estate collapse in the 1980s was caused by a flurry of building in the early part of the decade.

“Because it was easy to get funding and cheap to get funding, there was a lot of overbuilding,” said Kim Gatley, senior vice president and director of research for NAI REOC.

A host of office buildings shot up, including One Riverwalk Place and Bank of America Plaza downtown and the Pyramid Building, Nowlin Tower and One International Centre on the North Side.

San Antonio is faring better today because it's not overbuilt, and the supply of space largely has met the demand, Gatley said.

In the '80s, San Antonio office rents dropped to nearly $10 per square foot per year — they're at more than $20 today — as owners slashed prices just to fill their space.

“Owners were forced to give away property,” Gatley said. “It was pretty crazy.”

And that overbuilding affected the city for years to come.

“It's not just like the switch gets flipped up or down and it changes,” Gatley said. “Basically, we went through the next 10 years without building a major office building.”

In addition to the military construction, today there also are school and government construction jobs in San Antonio, and there also may be future work as a result of the economic stimulus plan, none of which existed in the '80s.

“I don't think there was any city work, there was no school building going on to speak of,” said Tom Guido, president of Guido Brothers. “The private work had dried up, and there was no thrust for San Antonio to grow.”

Taxes and S&Ls

Aggressive lending and a change in the tax law also walloped the real estate business back then.

Savings and loan institutions often lent up to 100 percent of the cost of a project, and when the banks failed, so went the real estate.

“Today, everybody's better capitalized and a lot smarter,” said Tom Rohde, vice president of Rohde, Ottmers & Siegel Realty Services.

In passing the Tax Reform Act of 1986, President Ronald Reagan removed tax shelters for real estate investments. Many investors held real estate for its tax advantages and not its value, and this act caused them to unload their properties, thus sinking real estate values.

Today, the big financial concerns for the industry are apprehensive property buyers and properties at risk of losing value.

Some banks are beginning to devalue the commercial property they hold, Rohde said. If those properties become less valuable, then surrounding properties could see that drop as well.

“We have money on the sidelines that is waiting to get into the market, whereas in the '80s it seemed like there was no money ready to be put back into the market,” Gatley said.

So though the commercial market won't pick up until the cash starts flowing, Texas isn't expected to repeat the 1980s.

“I'm fairly optimistic that Texas and San Antonio are going to ride this out pretty well,” Robert Hunt said.

If you are feeling the crunch of unemployment and do not seem to have enough money to pay your bills bankruptcy may be an option for you.  For a free bankruptcy consultation contact Fears | Nachawati Law Firm, Phone (866) 705-7584. Immediate Assistance

Citizen Fights Foreclosure

 

BRAD GRAVERSON/DAILY BREEZE
 
Frank Torres talks on the phone as he surrenders outside his Carson, Calif., home after barricading himself inside his foreclosed home for a few hours Tuesday. A report by RealtyTrac said nearly 67,000 properties were repossessed by lenders in January.
 
If you are feeling the crunch of unemployment and do not seem to have enough money to pay your bills bankruptcy may be an option for you.  For a free bankruptcy consultation contact Fears | Nachawati Law Firm, Phone (866) 705-7584. Immediate Assistance

 

U.S. foreclosures down 10% from December

By ALAN ZIBEL - Associated Press

WASHINGTON — The number of Americans on the verge of losing their homes fell in January but was still up from the same month a year ago. The numbers would have been higher if not for efforts to stall the foreclosure process.

Nationwide, more than 274,000 homes received at least one foreclosure-related notice last month. That was down 10 percent from December, but still 18 percent higher than a year ago, according to RealtyTrac Inc., an Irvine, Calif-based foreclosure listing service.

Contributing to the monthly drop was a decision by government-controlled mortgage finance companies Fannie Mae and Freddie Mac to suspend foreclosure sales during the winter holidays. Plus, Florida Gov. Charlie Crist brokered a deal in which lenders in that state agreed to a 45-day halt to new foreclosure petitions.

But those efforts may not have much of an impact in the long run.

“If you don't do anything to get to the core problem, all you're doing is extending the housing downturn,” said Rick Sharga, RealtyTrac's vice president for marketing. “It's only a good idea if there's a corresponding program that dramatically restructures hundreds of thousands of loans.”

More than 2 million American homeowners faced foreclosure proceedings last year, and that number could soar as high as 10 million in the coming years, according to a report last month by Credit Suisse, depending on the severity of the recession.

The RealtyTrac report said nearly 67,000 properties were repossessed by lenders in January as the worst recession in decades, falling home values and stricter lending standards continue to sap the U.S. real estate market. That was up from more than 45,000 repossessed properties in January 2008, but down from 79,000 in December.

In the RealtyTrac report, Nevada, California, Arizona and Florida had the nation's top foreclosure rates. In Nevada, one in every 76 homes received a foreclosure, while the number was one every 173 in California. At No. 5, Oregon, formerly a bastion of housing stability, made its first appearance close to the top of the list of foreclosure hot spots.

Rounding out the top 10 were Illinois, Michigan, Georgia, Idaho and Ohio. Among metro areas, Merced, Calif., was first, with one in every 59 housing units receiving a foreclosure filing. It was followed by Las Vegas and the Cape Coral-Fort Myers area in Florida.

If you are feeling the crunch of unemployment and do not seem to have enough money to pay your bills bankruptcy may be an option for you.  For a free bankruptcy consultation contact Fears | Nachawati Law Firm, Phone (866) 705-7584. Immediate Assistance

Fears | Nachawati Law Firm has offices located throughout Texas in: Dallas / Fort Worth / Houston / San Antonio / and Austin

Can a creditor repossess my car or furniture?

One of the most unpleasant consequences of failing to pay your bills is "repossession" of the thing you purchased on credit or gave as security for a loan. You do have some legal protection concerning repossession, but not much.

Can a creditor repossess my car or furniture?
Yes, if you don't pay your bills on a "secured debt" - which may be created when you borrow money or pay for goods over time. You promise to pay the creditor and agree that if you do not, the creditor can take ("repossess") a specified item of property without the need for any formal legal action against you.

In many states, the creditor is not allowed to repossess the first time you miss a payment. Instead, the creditor must use that first mistake as an opportunity to teach you how a secured debt works. The next time you miss a payment, the creditor can and probably will repossess.

A creditor is allowed to repossess only if it can be accomplished without a "breach of the peace" (a violent act or an act likely to lead to violence.) Usually, a debtor can stop repossession simply by verbally objecting to it. This gives the debtor a lot of power, but in many instances thwarting repossession is not the best thing to do. You will get to keep your car or furniture longer, but you will have to pay the creditor for all the time and trouble you put him through. Many debtors who know they will not be able to make car payments decide to drop the car off with the creditor. This minimizes the costs of repossession that the debtor would otherwise have to pay.


After repossession, is the debt gone?
Maybe not. It sounds hard to believe, but in many states, you might not only lose the car, but also lose your down payment, lose the monthly payments you've already made, and still owe the creditor even more money.

If, after repossession, the creditor sells the car for less than the amount of the debt and the costs of repossession and sale, the creditor is entitled to sue you for the rest of the money and obtain a "deficiency judgment."



Stopping a repossession
It is not easy to stop a repossession, but to have any chance of doing so, you must take immediate action.

You might file for bankruptcy. Once you file your papers with the bankruptcy clerk, all creditors must immediately cease all legal actions against you - including repossession and foreclosure.

But bankruptcy is an extreme measure. Before you decide on that solution to your financial problems, be sure to consult an attorney who specializes in bankruptcy law, who might advise you regarding some other options.

If you are feeling the crunch of unemployment and do not seem to have enough money to pay your bills bankruptcy may be an option for you.  For a free bankruptcy consultation contact Fears | Nachawati Law Firm, Phone (866) 705-7584. Immediate Assistance

Fears | Nachawati Law Firm has offices located throughout Texas in: Dallas / Fort Worth / Houston / San Antonio / and Austin.


 

Fed Adopts Program To Stem Foreclosures - Washington Post

Fed Adopts Program To Stem Foreclosures - Washington Post

With its bailouts of Bear Stearns and American International Group, the Federal Reserve took a vast portfolio of mortgages onto its books. Now, it is trying to use its control of billions of dollars worth of home loans to help prevent foreclosures.

The Fed will seek to renegotiate mortgages it owns that might otherwise enter foreclosure, Chairman Ben S. Bernanke told congressional leaders in a letter yesterday. The decision won praise from congressional Democrats, who took it as a sign that the central bank's leaders are cooperating with efforts to use government power to try to stem the number of foreclosures.

It is unclear how many homeowners stand to benefit. Under the program, the Fed can reduce what a homeowner owes on a mortgage, lower the interest rate, lengthen the term of a loan or take other steps to keep a loan from defaulting, if doing so would offer taxpayers a better long-term payoff than foreclosure. Individual borrowers are unlikely to know whether their mortgages are owned by the Fed, but if they qualify for a renegotiation, they would deal only with their mortgage servicer.

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The Fed is emphasizing reducing the amount of principal owed by people at risk of foreclosure, particularly those with a loan balance that is more than 125 percent of the estimated value of their property. Private lenders have been reluctant to renegotiate loans that way, as some of the institutions that own those loans, in the form of mortgage-backed securities, stand to lose money and therefore object.

Bernanke has previously advocated principal reductions, saying in a speech in March that they could be an "effective means of avoiding delinquency and foreclosure."

If the Fed strategy works and reduces the number of foreclosures while helping the owner of the loans -- the central bank in this case -- it could serve as a model for other owners of mortgage loans. For example, the Federal Deposit Insurance Corp. has tried to use its control of California bank IndyMac, which it seized last summer, to do loan modifications, but has been frustrated by investors in those loans being unwilling to reduce the amount of principal owed.

"It's a step beyond what FDIC is doing with its own portfolio," said Alan White, an assistant professor at Valparaiso University School of Law, who has been studying the foreclosure crisis. "Principal write-downs are still the critical issue" in keeping borrowers in their homes.

It is impossible, based on public information, to know the exact dollar value of the mortgages the Fed holds -- though it is in the tens of billions of dollars. In the near term, the mortgages affected are those held in special limited liability corporations that the central bank created to hold assets after its March rescue of investment bank Bear Stearns and September takeover of insurance company AIG.

The Bear Stearns portfolio is worth $27 billion, of which some portion -- exactly how much the Fed will not disclose -- consists of residential mortgages. The AIG assets include a $20 billion portfolio of mortgage-backed securities and a $27 billion portfolio that includes complex securities that are partly backed by mortgage debt.

Congressional leaders yesterday praised the Fed's action, while urging further steps. "This is an important advance, and I hope to work with the [Fed] to strengthen the program," said Sen. Christopher J. Dodd (D-Conn.), chairman of the Senate Banking Committee. Dodd also urged the Fed "to work with consumer advocates to develop the most effective program possible."

If you are feeling the crunch of unemployment and do not seem to have enough money to pay your bills bankruptcy may be an option for you.  For a free bankruptcy consultation contact Fears | Nachawati Law Firm, Phone (866) 705-7584. Immediate Assistance

Fears | Nachawati Law Firm has offices located throughout Texas in: Dallas / Fort Worth / Houston / San Antonio / and Austin.

Choosing Bankruptcy to Stay Afloat

Despite Tighter Rules, More Strapped Americans Seek Debt Relief

Danielle Lancaster makes $28,000 a year as a bank employee in Richmond. She owes almost twice that on her credit cards, student and car loans.

Add to that day-care expenses for her 2-year-old daughter, rent and utilities, and she uses up every cent she brings in. She has cut costs any way she can, suspending luxuries such as restaurant meals and movies. But that didn't stop her car from getting repossessed. "I work to live," she said. "I see my check, and it's gone right away."

Lancaster is 26 and bankrupt.

Two weeks ago, she filed for Chapter 13 bankruptcy protection, which will restructure her debt. She will have five years to pay it off under a plan that lowers her monthly payments. "Everything just got to be too much," said the Richmond resident who recently earned an undergraduate degree from Norfolk State University.

Despite the 2005 passage of a law that made it more difficult and expensive to file for personal bankruptcy, more Americans are choosing bankruptcy over destitution. Filings -- including Chapter 7, which wipes out debt, and Chapter 13, which reorganizes it -- totaled 822,590 last year, up 38 percent from 2006.

The numbers tell the story of a crippled economy, one in which people owe more than they can pay to their creditors -- be they credit card companies, mortgage lenders or auto and student loan servicers. And it's one more disturbing chapter in the saga of the subprime mortgage crisis, in which homeowners unable to handle higher interest payments on their adjustable rate mortgages are turning to bankruptcy to avoid foreclosure.

"The rise in bankruptcies is not about something that happened last week or last month," said Elizabeth Warren, a Harvard Law School professor and a bankruptcy expert. "It's about the fundamentals. It's about declining wages, rising costs, inadequate health insurance, job instability. More hardworking middle-class families simply can't make it in this economy, and it's only getting worse."

Bankruptcy attorneys and economists said the trend cuts across all segments of society -- the young and the old, homeowners with bad mortgages and renters, the poor and the middle class. In the past, bankruptcies were more common among people who had sudden life changes, such as a divorce, illness or job loss. Now, the bankrupt are people who have simply racked up too much debt.

"It is pretty widespread because there are widespread problems in the economy," said Peter Morici, an economist at the University of Maryland at College Park. "Americans have been spending 105 percent of their income for the last three or four years. That's not sustainable."

Declining home values are exacerbating the problem. No longer can people rely on the equity in their homes to pay down more expensive debt. Most troubling is that people are increasingly seeking bankruptcy protection to save their homes. Filing for Chapter 13 freezes a foreclosure and allows homeowners to negotiate more manageable payments with their lenders.

Take Jerome and Stephanie Smith. They used a fixed-rate mortgage to buy a house in Richmond in 2000, then refinanced to an adjustable rate loan in 2003. At least three more refinances followed -- Jerome Smith said he has lost count. The couple's monthly mortgage payment more than doubled to $1,600, excluding taxes and insurance. "I'm not dumb, but sometimes we do dumb things," Jerome Smith, 52, said.

Then something happened that had nothing to do with his judgment. He injured his back at his job as a machine operator. He has not worked since surgery in December and is getting $350 a week in disability payments, about one-third what he normally brings home.

The family -- the couple and their daughter -- had to go on what Jerome calls "the poor man's budget." That means buying a bag of 15 chicken legs and thighs, four boxes of macaroni and cheese for $1, three cans of green beans for $1, a big can of spaghetti and meatballs for $1.84, a 20-pound bag of rice for $5, some cereal, grits, eggs, bread, milk and juice. "You stick to that, and that comes under $100" a month, he said.

Still, the couple has not been able to keep up with the mortgage. One of three cars has been repossessed. The electric company has sent a cutoff notice. Phone service has been suspended.

Late and missed payments damaged their credit score so much that they couldn't get any lenders to refinance at more favorable terms. Then their mortgage company scheduled a foreclosure. Filing for Chapter 13 fended that off.

"There was nothing that I could really do," Jerome Smith said. "My hands were tied."

Congress recently considered a proposal by Sen. Richard J. Durbin (D-Ill.) to let bankruptcy judges cut interest rates and principal on troubled mortgages. But that plan was scuttled last month. Instead, consumers must operate under the law passed in 2005, which was intended to get people like the Smiths to choose other alternatives. In response to critics, such as credit card issuers who complained that people sought bankruptcy too frivolously, Congress enacted tighter income limits, tougher standards for measuring a debtor's ability to pay and mandatory credit counseling.

Personal bankruptcies reached a peak of 2.04 million that year as debtors rushed to file before the changes went to effect. The number dropped precipitously in 2006 but started climbing back up in 2007, according to the Administrative Office of the U.S. Courts.

In the District, there were 358 Chapter 7 filings in 2007, up from 297 the previous year. There were 336 Chapter 13 filings, up from 240 the year before, according to the Administrative Office of the U.S. Courts.

U.S. bankruptcy courts in Maryland and Virginia provided more recent figures. In Maryland, there were 982 Chapter 7 filings in April, up from 534 in April 2007. There were 625 Chapter 13 filings, up from 424. In the Eastern District of Virginia, which includes Northern Virginia, there were 1,191 Chapter 7 filings in April, more then double the number -- 581 -- this time last year. There were 552 Chapter 13 filings, up from 410.

Bob Arnold, 46, is waiting to find out whether the court will accept his Chapter 7 filing. He once made more than $100,000 a year as a manager at a printing plant. Then he lost his job, which wiped out his ability to pay child support and send money to about a dozen credit card companies, the lender for his timeshare and Capital One for his car. His monthly obligations totaled about $2,000, more than he takes in at his new job as a paralegal. He kept up his child support but stopped payments to other creditors. Then a friend, an attorney, suggested bankruptcy.

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"I'm not happy about it, but I have to do what I have to do," the Centreville resident said. "I can't keep these creditors on hold, and I can't give them what I don't have."

Earlier this month, he sat in a hot, windowless room at the Legal Services of Northern Virginia's Falls Church Office as attorney Nancy Ryan explained how to file for bankruptcy. In the room were people with credit card debt, cars that had been repossessed, houses that had been foreclosed upon. "It's a tsunami," said Q. Russell Hatchl, pro bono coordinator for Legal Services.

Ryan reminded them that although a bankruptcy would take care of their debts, it could also leave them with damaged credit for as long as 10 years.

Lancaster knows that all too well. Although she is relieved that her monthly payments to her creditors will drop to $290 -- her car alone had cost her $400 a month -- she has felt the negative impact of filing for bankruptcy. She is trying to move closer to the District so she can get a better-paying job, but she cannot persuade any landlord to let her rent a place unless she hands over a lot of money up front. "It's hard to do anything once you get a bankruptcy," she said.

Ultimately, though, the bankruptcies will be restorative, said Morici, the economist. "It's better to get people a clean slate," he said, "so when the economy recovers they can participate again."

If you are feeling the crunch of unemployment and do not seem to have enough money to pay your bills bankruptcy may be an option for you.  For a free bankruptcy consultation contact Fears | Nachawati Law Firm, Phone (866) 705-7584. Immediate Assistance

Fears | Nachawati Law Firm has offices located throughout Texas in: Dallas / Fort Worth / Houston / San Antonio / and Austin.

Understanding Chapter 13

There are multiple types or chapters of bankruptcy. Chapter 13 bankruptcy is frequently also known as reorganization bankruptcy and also as a wage earner's plan. It can be used by individuals as well as unincorporated businesses. This allows the filer to structure a repayment plan for their financial obligations which is supervised and approved by the bankruptcy court. Under this plan, you are given a period of time, typically three to five years, to get your debt repaid. After you have filed, your existing creditors cannot call or harass you, and are not permitted to start collections proceedings against you.

This type of bankruptcy may be better suited for some people, although each case is different. For example, with Chapter 7 bankruptcy, the consumer's debt is almost completely eliminated. While this sounds like good news, the caveat is that your assets will be sold in order to repay the debt. By contrast with Chapter 13, while your debt remains, it is reorganized so that you can comfortably make payments and you are allowed to retain your assets.

While many people may view this as a debt consolidation loan, it really is not a loan in any sense of the word. The debt remains, only a restructured repayment plan is defined and the money is distributed to the creditors via a trustee appointed by the courts. Although the consumer no longer has a contract with the creditors, the fact that the debt still exists cannot be overlooked. Certain types of debts are given a priority and must be paid in full.

If you have a lot of assets like a house that you do not want to go through foreclosure on, this type of bankruptcy can protect that. If foreclosure proceeding are already in place, the bankruptcy will stop those from progressing further. You may have delinquent mortgage payments which need to be brought up to date, but they may lose their delinquent status. You must also keep up with future mortgage payments.

The basis for this type of reorganization is that your debt is restructured and rescheduled to make it easier for you to comfortably make your payments. This is done through a variety of methods, including lowering the interest rate or extending the term of the loan to result in lower payments. The goal here is to allow you to make the payments, but with lower payments so that you can make them on time.

There are certain limitations with Chapter 13 bankruptcy in terms of the amount of debt that can be restructured. Your total of unsecured debt must be less than approximately $307,000 and the sum total of your secured financial obligations must be less than approximately $923,000. These figures are adjusted occasionally to be in sync with the consumer price index.

Before you are eligible to file bankruptcy, you must first go through credit counseling. The credit counseling must be through an agency that is approved by the United States Trustee's office. Although the companies may charge a fee for their services, if you are unable to pay their fee, they must reduce the cost and make adjustments for your individual situation.

The bottom line is that this allows individuals some financial breathing room to repay their debts and does not require liquidation of their assets. A viable repayment plan is worked out so that debts can be repaid. This works for consumers who can still make payments but have found themselves with too much debt to handle at a particular time in their lives.

If you are feeling the crunch of unemployment and do not seem to have enough money to pay your bills bankruptcy may be an option for you.  For a free bankruptcy consultation contact Fears | Nachawati Law Firm, Phone (866) 705-7584. Immediate Assistance

Fears | Nachawati Law Firm has offices located throughout Texas in: Dallas / Fort Worth / Houston / San Antonio / and Austin.

Fortunoff Files for Chapter 11 Bankruptcy

NEW YORK, Feb 5 (Reuters) - U.S. regional retailer Fortunoff filed for Chapter 11 bankruptcy protection on Thursday and said it will try to sell the business, but if it cannot it will close its doors.

The company, which sells jewelry, dinnerware and furniture in New York, New Jersey, Pennsylvania and Connecticut, began suffering a "severe liquidity crisis" in January as it was trying to sell the company, according to court documents.

Dismal sales over the 2008 holiday season, weak consumer spending on high-end furniture and jewelry, the costs of expanding its jewelry line in Lord & Taylor stores and reduced borrowing capacity all hurt operations, it said.

The prolonged economic recession has taken a major toll on a broad range of U.S. retailers as consumers scale back spending.

Other companies that have filed for bankruptcy in recent months include electronic retailer Circuit City (CCTYQ.PK) and regional department store Gottschalks (GOTTQ.PK).

"Most of us thought that we would see more retailers filing by now," said Jerry Mozian, national segment leader for restructuring at turnaround firm Tatum. "January is one of the typical months that retailers file and then you put on top of that the backdrop of a very terrible economy."

A possible buyer may be able to pick up Fortunoff at an attractive price, but that is unlikely because it is unclear how long the recession will last, Mozian said. "I would not be surprised if it just turns out to be a liquidation."

Fortunoff, which began as a neighborhood venture in Brooklyn in 1922, was bought out of bankruptcy by private equity firm NRDC Equity Partners for $110 million, including $30 million in debt. NRDC said at the time that the company was worth $439 million and that it planned to double its size over five years, in part through expansion in the Lord & Taylor stores the private equity firm also owns.

It began talking to possible buyers, investors and partners at the end of 2008, including private equity firms and companies called liquidators that manage the closing of operations, it said.

It also began talks with its lenders and financial adviser Zolfo Cooper on the details of an auction-type sale but then decided to file for Chapter 11 and continue that process through the court.

In the filing, the company listed both assets and liabilities within a range of $100 million to $500 million. Fortunoff said it has 20 stores open, four of which carry its full line of merchandise. It has closed its New York City jewelry store.

It said it had net operating losses of $42 million on revenue of $260 million during the nine months ending Nov. 30.

 If you are feeling the crunch of unemployment and do not seem to have enough money to pay your bills bankruptcy may be an option for you.  For a free bankruptcy consultation contact Fears | Nachawati Law Firm, Phone (866) 705-7584. 

Fears | Nachawati Law Firm has offices located throughout Texas in: Dallas / Fort Worth / Houston / San Antonio / and Austin.

Unemployment Rate by: Washington Post

The U.S. economy lost another 598,000 jobs in January, a larger-than-expected decline that highlighted a weak global economy and the pressure building on companies to cut costs and payrolls.

It was the largest one-month job loss since December 1974, and pushed the unemployment rate to 7.6 percent, from 7.2 percent in December.

That is the highest unemployment rate since the fall of 1992 -- and it would have been higher except for a slight decline in the number of people looking for work, itself a possible sign of economic weakness as people become discouraged from job-hunting.

At present, 11.6 million people are out of work, a headline number likely to figure into ongoing debate in the Senatetoday over the Obama administration's proposed economic stimulus package.

President Obama has warned of possible double-digit unemployment if the government does not act quickly, and called today's news "very troubling."

In announcing the creation of the new Economic Recovery Advisory Board this morning, Obama said, "I am sure that at the other end of Pennsylvania Avenue, members of the Senate are reading these same numbers this morning. I hope they share my sense of urgency and draw the same, unmistakable conclusion: The situation could not be more serious. These numbers demand action. It is inexcusable and irresponsible for any of us to get bogged down in distraction and delay and politics as usual while millions of Americans are being put out of work. It is time for Congress to act."

U.S. businesses and institutions have shed jobs for 13 consecutive months, and the increasing pace of the job losses might indicate worse to come. Since the recession began in December 2007, 3.6 million payroll positions have been lost, with about half of that decline coming in the past three months, according to data released this morning by the Labor Department.

If you are feeling the crunch of unemployment and do not seem to have enough money to pay your bills bankruptcy may be an option for you.  For a free bankruptcy consultation contact Fears | Nachawati Law Firm, Phone (866) 705-7584. 

Fears | Nachawati Law Firm has offices located throughout Texas in: Dallas / Fort Worth / Houston / San Antonio / and Austin.