Bankruptcy doesn't have to end in foreclosure, debt group hears Source By David Flaum (webmaster's note: this study of 50,000+ bankruptcy cases concluded that there is a 70% chance of failure to save your home during the first 12 months of a bankruptcy plan that will last at least 36 month) Helping people who filed wage earner bankruptcy petitions stay with their repayment plan could help one in 10 of the potential dropouts from losing his home to foreclosure. That was the conclusion of Berje Yacoubian, whose firm, Yacoubian Research, studied bankruptcy and foreclosure trends in Shelby County for the Memphis Credit & Bankruptcy Collaborative. Advertisement The collaborative is a loose confederation of credit counselors, bankers, real estate people, consumer advocates, educators and government workers set up to assess and deal with personal financial issues and education. Yacoubian researchers studied 46,000 Chapter 13 bankruptcy petitions filed by Shelby County residents from 1999 to 2002. Chapter 13 is the part of the bankruptcy code that allows someone to keep his home, car and some other assets while he repays his debt on a schedule filed with the court. The process is designed to take three to five years. "The primary purpose of Chapter 13, if you own property, is to save your house," Yacoubian said. Of the 9,721 petitions filed in 1999, only 584 had been discharged by April 2003, meaning the debtor had completed his program, Yacoubian said. Another 2,462 cases were still open and 6,675 had been dismissed, meaning the person filing them had dropped the ball on the repayment plan, he said. Foreclosure is "the ultimate nightmare" for Chapter 13 filers, Yacoubian said. And about 35 percent of the 15,000 foreclosures in Shelby County since 1999 were filed against people who had petitioned for Chapter 13 bankruptcy protection, he said. At the current pace of Chapter 13 bankruptcy filings, we're likely to see 4,700 foreclosures in Shelby County this year, Yacoubian said. "Foreclosure is really the last step in the process," he said. "Not everyone who files for Chapter 13 and is foreclosed on can be saved. Intervention to counsel homeowners at risk could prevent about 10 percent of the foreclosures." Members of the collaborative have to decide where there are opportunities for financial education to accomplish that, said Beth Dixon, president of The RISE Foundation, a nonprofit group that sponsors the collaborative. Saving 10 percent of Chapter 13 filers homes from foreclosure is possible "if you have the resources," said Ron Roudebush, regional manager of the Consumer Credit Counseling Service of Memphis. Based on the number of households, Chapter 13 bankruptcy is far more common in the "center city" - the 14 Zip Code areas mostly west of Highland - than in the suburbs (the remaining Zip Code sections), Yacoubian's research found. About 19 percent of center city households filed for Chapter 13 from 1999 to 2002 compared to 7.4 percent of suburban households, he said. Foreclosures follow a similar pattern, but the gap is closing, Yacoubian said. The number of foreclosures in the center city was 18 percent higher in 2002 than in 1999, but the suburban figures were up 55 percent. "This is no longer just a center city problem," Yacoubian said. - David Flaum: 529-2330 Copyright, The Commercial Appeal, Memphis, TN. Used with permission. (http://www.commercialappeal.com) IS YOUR MORTGAGE BALANCE CORRECT? Of course, lenders have different computer programs. but normally, when you make a mortgage payment to your lender, interest is calculated first on the then outstanding balance, and the difference goes toward reducing principal. Lets assume that you borrow $150,000 at 6 percent interest, to be amortized over thirty years. The amortization program tells us that the monthly payment required to fully pay off (or amortize) the loan over a full 30 year period is $899.34. The first payment consists of $750.00 for interest and only $149.34 for principal.($150,000 times 6 percent divided by 12 gives you the first month’s interest). It should be noted that for the five (5) years, you will be paying a lot more interest than will be credited toward the principal balance. (usually 85% of the first five years payments are interest) Therefore, the loan would look like this for the first two payments:: Principal Balance | Payment | Interest | Principal | New Balance | $150,000 | $899.34 | $750.00 | $149.34 | $149,850.66 | 149,850.66 | $899.34 | $749.25 | $150.09 | $149,700.57 |
Interest is always calculated on the then outstanding balance for the previous month, which is why the interest goes down (ever so slowly at first) and the principal goes up (every so slowly). If you did not make any extra payments or pay late over the life of your loan, these calculations can be done quickly – either by hand or preferably by using a computerized amortization program. However, if you have made a larger monthly payment, then you have to do the numbers. Let us further assume that in the third and fourth month, you decided to make a payment of $1,000, instead of the regular payment. The next two month’s calculation would look like this: Principal Balance | Total Payment | Interest Paid | Principal Paid | New Balance | $149,700.57 | $1,000.00 | $748.50 | $251.50 | $149.449.07 | $149,449.07 | $1,000.00 | $747.25 | $252.75 | 149,196.32 |
As you can see, if you make a larger payment every month, you will significantly reduce the length of your loan. If you make one extra monthly payment per year, you will reduce a 30 year loan down to approximately 22 years. If you decide to make these extra principal payments, make sure that you clearly notify your lender each time that you are making such extra payments. Write “Additional Principal, $___” on both the check and the mortgage statement which you send in to your lender and then check up to see how the payment was posted after about 15 days or so. as an alternative: if you are on time, send in the additional as an additional payment with "apply to principle only" written on the "memo portion" and the "back of the check". You should keep copies of all payments you make to the mortgage company, sometimes changing bank accounts or sending money orders creates chaos when trying to audit your principle balance. If you do not have access to a computer, the math calculations can be time consuming. One thing for sure, every year when you get your year end statement from the mortgage company you should spend a few minutes doing the calculations for the previous year, so as to audit or confirm that the numbers are correct. See if your principle balance equals that of your lender. If you have trouble reconciling your principle balance with that provided by your lender, you should immediately request a payment history statement from your lender. At least once a year, your lender should be able to provide this to you – free of charge. Examine the statement carefully; make sure that you have not been improperly charged late fees or other similar charges. Make sure that any extra payments you may have made during the previous year have, in fact, been properly credited toward your principal balance.
Lenders and their computers are not always correct and errors can be made. Only you can confirm your own mortgage balance. After all, it is your money |
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return to home page GENERAL INFORMATION ABOUT MORTGAGE SERVICING INDUSTRY Loan servicing is a huge industry in the United States . Few lenders (or originators) service their own loans. When a loan is originated it goes into a securitized pool of loans. These "pools" sometimes contain tens of thousands of loans. Companies who specialize in servicing loans bid for the servicing rights. The servicer (mortgage company) is responsible for collecting the monthly payments and administering the escrow accounts of the loans to which they have obtained the servicing rights. The servicer (mortgage company) collects the monthly payments and forwards them to the owner (or investor) of the loans. The mortgage company pays the owner (or investor) for the privilege of servicing the loans. But here is the catch, if you fail to make your payment the mortgage company must still make the payment to the owner (or investor) of your loan. Therefore, loan servicing is a multi-billion-dollar business. When your loan was transferred to your mortgage company it was part of a pool of loans to which the servicing rights were purchased. The system in place today does not allow the borrower to control when a loans servicing rights are sold or to whom those rights are sold to. Some mortgage companies specialize in servicing loans that are rated as having potential problems (sub-prime or bad credit), but the fact that the servicing of your loan was sold to one these mortgage companies does not automatically mean your loan has a problem or history of late payments. FHA SUB-PRIME MORTGAGE INSURANCE PROGRAM NIXED Members of Congress working on an omnibus appropriations bill recently decided to exclude a Senate provision that would have authorized the Federal Housing Administration (FHA) to start a sub-prime mortgage insurance program. The conference report rationalized its decision by stating, “The Department of Housing and Urban Development needs to stem the escalating default rate in FHA’s single-family insurance programs before it assumes news risks posed by persons with credit problems.” The default rate for FHA loans in August was 5.76%. This provision was rejected despite the support of the Bush administration. The President introduced the FHA sub-prime insurance idea as part of his fiscal year 2004 budget proposal released in early February Federal settlement against Fairbanks
Fairbanks Capital, the largest "sub-prime" servicer of home mortgages, has agreed to ante up at least a $55 million and agreed to be more customer friendly in an agreement with the FTC and HUD. The agreement would create a $40 million fund to assist consumers who were harmed and another $15 million to pay class action suits and fines. Fairbanks was said to of routinely counted on-time payments as late and imposed costly penalties without justification. Fairbanks also threatened many borrowers with a foreclosures unless they paid them very high fees. On a daily basis, Fairbanks was claiming it had no record of borrowers' homeowners insurance policies and that it placed force-placed" insurance (sometime as high as 3 times as regular insurance) on customers hones, This was even when the homeowner produced their own insurance which was active and in-force. | |