Monday, March 7, 2011

Harsher Sanctions For Mortgage Servicers - Forced Loan Modifications?

Protesters rally in D.C. for harsher sanctions on mortgage servicers

By Dina Elboghdady and Arianna Eunjung Cha
Monday, Mar 7, 2011
Housing advocates rallied at several sites across Washington on Monday, starting with a stop at Bank of America on 15th Street NW, to press for tough sanctions against mortgage servicers involved in widespread foreclosure processing problems.

The National People's Action, a network of community organizations from across the country, said it wants to heighten awareness of the talks taking place as federal agencies and the nation's attorneys general try to craft a settlement that is expected to involve financial penalties and mandatory mortgage modifications.

One rallying point was the Fairmont Hotel, where Iowa Attorney General Tom Miller is scheduled to update his counterparts this afternoon about the talks. Miller's chief policy deputy, Tam Ormiston, joined the crowd outside in a quick prayer.

The attorneys general are planning to take questions from the media at 4 p.m., after their meeting.

In the prayer, the Rev. Tony Pierce of Illinois urged the chief law officers to "stiffen their backs" and "do justice by the American people." As Pierce spoke, protesters corralled on the sidewalk thrust their banners into the air. One said: "Make Wall Street Pay."

Many of the protesters were reacting to press reports about a $20 billion financial penalty under consideration by negotiators.

"It's peanuts. It's chump change," said Hugh Espey, executive director of Iowa's Correction Corporation of America. Espey said his organization has met twice with Miller to discuss its concerns about mortgage servicing practices. "The [reported] penalties do not go far enough. We think it should be in the hundreds of billions of dollars."

Espey echoed the demands of others in the crowd, who also want to see some of the bank executives criminally prosecuted.

"The only people who can hold the bank executives accountable are the AGs," said Shanna Rogers of Maine who lost her home to foreclosure and addressed the crowd about her mortgage troubles.

The extensive foreclosure problems - from flawed or fraudulent paperwork to questions about improper or incomplete loan transfers - surfaced in September, when large firms such as Bank of America and Ally Financial abruptly halted foreclosures.

Soon after, various state and federal agencies and law enforcement branches launched probes into the mortgage-servicing industry. The 50 state attorneys general formed one group. The Departments of Housing and Urban Development and Treasury, the Federal Deposit Insurance Corp. and others began a separate investigation.

One banking regulator, the Office of the Comptroller for the Currency, which is independent of the administration and oversees the nation's largest banks, began crafting its own possible settlement with the institutions it oversees.

Fearing long delays in help for distressed borrowers if each bank had to make separate deals with each agency, senior Obama administration officials and the state attorneys general eventually joined together.

In the coming weeks, state and federal officials are scheduled to sit down with bank executives to hammer out the details of the proposed deal. So far, its framework and dollar amounts have been shifting, several sources said, though the settlement is likely to cost the financial industry billions. Banks also have warned in recent filings that they stand to incur fines.

Ormiston, Iowa's deputy attorney general, shook hands with many of the protesters, who relayed their problems in dealing with mortgage servicers. He declined to comment about the negotiations, the dollar amounts involved, or the possibility of criminal prosecutions except to say that the prosecution issue "has been raised."

"We want to get to the spot where we can help people wade through this," Ormiston said. "We're all in this together."

After the Fairmont, the protesters boarded bus to Capitol Hill, where they plan to hold press briefings.

Monday, February 28, 2011

Virtual Bankruptcy Attorney

Should I Hire a Virtual Bankruptcy Attorney?



So we could have done this over the phone?
A New Breed of Attorney?
Little known fact: you don’t actually need to meet with your bankruptcy attorney in order to file a case. All aspects of a bankruptcy case can theoretically be handled by email, over the phone and via the U.S. mail. In today’s fast paced world, there are a growing number of bankruptcy attorneys with virtual practices. These virtual attorneys meet clients via phone consultation or through Skype and prepare the petition from their home office.
Are You Organized, Self Sufficient?
Although bankruptcy can become a litigious process, the initial phases of a personal bankruptcy are form driven. Thanks to bankruptcy reform laws passed in 2005, your bankruptcy attorney will need to see quite a bit of documentation before your case gets filed. You’ll need to dig up bills, collection letters, tax returns, pay stubs and more. Assuming you’re capable of following instructions and staying organized, it might not be a bad idea to hire a virtual bankruptcy attorney, especially if your time is limited and you won’t be able to take time off from work to attend the consultation. However, bankruptcy is a stressful process, many benefit greatly from sitting down with their attorney and forming a more personal relationship. Often, a little “hand holding” can go a long way. In addition to the attorneys, most bankruptcy offices have staff trained to help you get your case together and ready for filing. Ask yourself, does the convenience of preparing your bankruptcy from home outweigh the lack of a personal touch?
Good for Clients?
Bankruptcy attorneys aren’t the only members of the bar turning to a virtual model. Spanning numerous practice areas, the virtual law office has been billed as a client friendly alternative to the traditional tall building model that allows for decreased overhead and increased efficiency. One well known virtual law firm, Fisher Broyles, LLP, calls itself the “next generation law firm” promising reduced rates to its clients in part due to lack of corporate offices. In addition to it’s bankruptcy practice group, Fisher Broyles has general civil litigation, financial services, employment and private equity practice groups just to name a few.
Virtual Consumer Bankruptcy Attorneys
In the consumer bankruptcy world, New York bankruptcy attorney, Jay Fleischman has been the most widely recognized proponent of the virtual model for a few years now, taking on cases from his home in Brooklyn. By all accounts, Jay is an excellent attorney and a well respected member of the New York legal community. Similarly, National Bankruptcy Forum contributor and Houston bankruptcy attorney, Alex Wathen also operates on the virtual model which allows him to help clients in more remote rural areas of Texas.
Substance over Form
Perhaps the lesson to be learned is that great attorneys don’t need an office in a tall building to do excellent work for their clients. Virtual or not, a good attorney is a good attorney. If you’re considering hiring a virtual law firm, do your due diligence. Ask for references, do some research online. Once satisfied that your attorney has the skills necessary to help you, it shouldn’t matter much whether they’re located on the 30th floor or in the third door from the left after you pass the kitchen.
One Last Note
Be aware, that even in the event you decide to hire a virtual bankruptcy attorney, there is no escaping the 341 meeting. Attendance at a meeting of creditors approximately 30 days after your case has been filed is a required element of the bankruptcy process.
John O’Connor

Thursday, February 17, 2011

Bankruptcy Growing for Baby Boomers - From the Wall Street Journal


Getty Images
A growing number of baby boomers are going bust.
A newly released study found that 42% of all individuals filing for bankruptcy were between the ages of 45 and 64 in 2007 and that older Americas are filing for protection from creditors at a much faster rate than younger adults.
“The baby boomers are disproportionately represented in bankruptcy proceedings,” wrote John Golmant and James Woods, who compiled the study that appears in the September issue of the American Bankruptcy Institute’s ABI Journal. Golmant is a statistician and Woods is a social science analyst, both with the Administrative Office of the U.S. Courts in Washington.
Bankruptcy filings are increasing fastest among individuals between the ages of 55 and 64, the study found. From 2002 to 2007, the percentage of filers in that category grew 65%.
By comparison, the demographic group that experienced the largest percentage drop in bankruptcy filings was Americans 25 and younger, down 60% in 2007 from 2002.
“This significant demographic uptick in older bankruptcy filers has outstripped the aging of the general population as a whole,” Golmant and Woods wrote.
The authors said the recent housing crisis is at least partly to blame, as falling home prices left baby boomers with little or no home equity. The study noted that persons older than 50 were often targeted during the refinancing boom in the early part of last decade.
High levels of credit card debt and mounting health care bills also contributed to the higher number of filings among older Americans, the study found.
The recent study shows the continuation of trend stretching back to at least 1994. In that year, people between the ages of 55 to 64 accounted for 7% of all individual filings. In 2007, the same group accounted for 15.2% of consumer bankruptcies.