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Nov 07th
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Home Immigration Atty. Gene Choe

Atty. Gene Choe

I am unable to pay my monthly mortgage, is bankruptcy my only option?

QUESTION: I receive a notice of default today in the mail today. We have been behind in our mortgage payments for four months. Our principal loan is now $600,000; however, the market value of the house is only $450,000. Our second mortgage is approximately $120,000, as an equity line of credit (HELOC) to improve the house. We also have a sizable credit card debt in the amount of $70,000 to about 5 card companies.

I am a nurse and my husband works in construction. We used to have good income. However, my husband lost his job two months ago and my second job does not call me as often. He receives unemployment pay. Still, our combined income only averages $8,000 per month. Due to the dip in our income, we are struggling to pay our bills. If we can only get rid of our credit card payments and the second mortgage payment, I believe we can survive this recession. We have 2 children who are still studying and we do not want to give up our house. Can we still keep our house? Should I file for bankruptcy? Friends say that we will not qualify for bankruptcy under Chapter 7 because we have too much income. What are our options?

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My house will be on foreclosure sale next week, help!

QUESTION: My situation is very desperate. I have been behind in our mortgage payments for over a year now. When I receive a Notice of Trustee Sale last December, I immediately consulted a lawyer. On the advice of my previous attorney, I filed for Bankruptcy under Chapter 13 to forestall the trustee sale.

Under the repayment plan, I am supposed to pay $3,500 every month to Bank of America. My wife and I use to bring home $7,000 every month. However, I was laid off from my work last April due to the slump in economy. Now our combined income is barely $5,000 per month. Hence, we cannot make ends meet and still afford to pay the repayment plan. We also have two minor children to support and a sizeable credit card debt of $80,000. Hence, we pay the trustee about $700.00 per month for our credit card debts.

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The real cost paying negative Adjustable Rate Mortgage

QUESTION: My real estate agent recommended this house that is within our budget. Initially, he explained that we will be paying about $2,500 on my house worth $300,000. Hence, we bought the house last December, 2004. They asked us to sign voluminous documents. I did not read them because I trusted the real estate agent who explained the loan to us in Tagalog. I am sixty-three year old and I could not understand all the documents.

My principal loan balance kept on increasing, even though we were never late or missed a payment. I only realized that my payment plan was Negative ARM (Adjustable Rate Mortgage) and all the interest I was not paying was being included in my principal. Our mortgage payment is due to increase soon. My husband and I just depend on social security payments. I ‘m afraid we cannot afford to make the new payments.

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Losing my houses and my business: Can I still negotiate with the bank after a notice of default?

QUESTION: I own a small home health care business for senior citizens. While the real estate market was booming, I was able to buy two houses, both with first and second loans. For five years I was able to pay the mortgages and take in sufficient clients to pay the mortgages and still earn sizable profit. However, clients start to dwindle. Meantime, my mortgage stays the same and one mortgage with start to have an adjustable rate of mortgage (ARM). I am afraid I won’t be able to pay the new monthly mortgage payments. So far, I have been dipping into my savings to pay off the mortgages for my first property. Incidentally, I also live in this property.

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‘Help, my house will be on foreclosure sale’

QUESTION: My situation is very desperate. I have been behind in our mortgage payments for over a year now. When I receive a Notice of Trustee Sale last December, I immediately consulted a lawyer. On the advice of my previous attorney, I filed for Bankruptcy under Chapter 13 to forestall the trustee sale.

Under the repayment plan, I am supposed to pay $3,500 every month to Bank of America. My wife and I use to bring home $7,000 every month. However, I was laid off from my work last April due to the slump in economy. Now our combined income is barely $5,000 per month. Hence, we cannot make ends meet and still afford to pay the repayment plan. We also have two minor children to support and a sizeable credit card debt of $80,000. Hence, we pay the trustee about $700.00 per month for our credit card debts.

Read more...

The real cost paying negative ARM (Adjustable Rate Mortgage)

QUESTION: My real estate agent recommended this house that is within our budget. Initially, he explained that we will be paying about $2,500 on my house worth $300,000. Hence, we bought the house last December, 2004. They asked us to sign voluminous documents. I did not read them because I trusted the real estate agent who explained the loan to us in Tagalog. I am sixty-three years old and I could not understand all the documents.

My principal loan balance kept on increasing, even though we were never late or missed a payment. I only realized that my payment plan was Negative ARM (Adjustable Rate Mortgage) and all the interest I was not paying was being included in my principal. Our mortgage payment is due to increase soon. My husband and I just depend on social security payments. I ‘m afraid we cannot afford to make the new payments.

Read more...

My house will be on foreclosure sale next week, help!

QUESTION: My situation is very desperate. I have been behind in our mortgage payments for over a year now. When I receive a Notice of Trustee Sale last December, I immediately consulted a lawyer. On the advice of my previous attorney, I filed for Bankruptcy under Chapter 13 to forestall the trustee sale.

Under the repayment plan, I am supposed to pay $3,500 every month to Bank of America. My wife and I use to bring home $7,000 every month. However, I was laid off from my work last April due to the slump in economy. Now our combined income is barely $5,000 per month. Hence, we cannot make ends meet and still afford to pay the repayment plan. We also have two minor children to support and a sizeable credit card debt of $80,000. Hence, we pay the trustee about $700 per month for our credit card debts.

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Bankruptcy versus loan modification

(1 vote, average: 5.00 out of 5)

QUESTION: The bank sent me a notice of default today. We have been behind in our mortgage payments for four months. Our principal loan is now $600,000; however, the market value of the house is only $450,000. We got this first loan in April of 2005. Our second mortgage is approximately $120,000, as an equity line of credit (HELOC) to improve the house. We also have a sizable credit card debt in the amount of $70,000 to about 7 card companies.

We used to have good income. However, since the economic downturn, my husband’s hours have been cut, and my second job does not call me as often. Now, our combined income only averages $9,000 per month. Due to the dip in our income, we are struggling to pay our bills. If we can only get rid of our credit card payments and the second mortgage payment, I believe we can survive this recession. We have 2 children who are still studying and we do not want to give up our house. Can we still keep our house?

Read more...

Who are eligible to apply under Obama’s making home affordable program?

QUESTION: My husband and I own two residential properties. In 2004, we took the first mortgage with Countrywide for our own use. Our principal is now about $420,000; however, the market value of our house went down to $300,000. In June, 2007, we got a second loan on the house for $120,000, as an equity line of credit to improve our house. I work as a Licensed Vocational Nurse (LVN) and my husband works in the military. We have two children who are still in school. We can still continue to pay our mortgage but I think that it is unfair for us to continue doing so because there is no equity in our house. In 2006, we got a second house as an investment. The principal loan for this property is $300,000; and, the second mortgage is about $110,000. The fair market value of this second property is only $250,000. We have recently received a notice of default from the bank. We want to keep both properties if we can. Please advise me on what steps to take to keep both properties.

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Balikbayan Magazine Issue 9 Vol. 1 November

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