We did our 2nd annual Cousins Golf Tournament on Wednesday and as always had a great time. This year Dad decided that he didn't want to miss out on the fun so he joined in too. We had so much fun and Kayely and I gave out our "award" which NeeNee won again. We are already planning our next adventure so we are excited about that!
Rhett's 5th bday
7 years ago
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Is bankruptcy an option if you have been declined for a loan modification?
Many California homeowners have been hit hard with toxic subprime and Alt A home loans over the past few years, and it’s going to get worse before it gets better for most. With unemployment on the rise and pay cuts across most sectors many California home owners have sought loan modifications with no avail. With the increasing amount of short sales and foreclosures throughout California; “many home owners are seeking the advice of a bankruptcy attorney when declined for a loan modification” says attorney James D. Zhou with the Law Offices of Zhou & Chini. Zhou has been a bankruptcy attorney for over 10 years and states he has never seen such a perfect storm allowing home owners to strip 2nd and 3rd mortgage liens now that they are unsecured due to negative equity. “We see so many home owners is bad situations, eliminating 2nd mortgages along with their credit card debt get’s them a fresh start and potential equity in a few years” say’s attorney Ron Chini, partner at Zhou & Chini.
If you have been declined for a loan modification or even approved for one and have a underwater 2nd or 3rd lien it can be eliminated just like credit card debt. A chapter 13 with a motion to avoid the lien will strip the lien and eliminate ones personal liability for the debt. While filing a chapter 7 will only eliminate the liability but the lien will remain on the property. Many bankruptcy attorneys don’t even mess with a chapter 13 because they are complicated and would rather refer out a chapter 13 bankruptcy and focus on chapter 7 bankruptcies. Ideally someone declined for a loan modification should consult a bankruptcy lawyer that handles both chapter 7 and chapter 13 bankruptcy. If you were lucky enough to get a loan modification on a 1st TD and have a 2nd mortgage that’s upside down then filing chapter 13 to eliminate it may be a good choice or filing chapter 7 to eliminate all your other debt might make sense as well.
Bankruptcy is an option to help stop foreclosure, but if you are in arrears then you need to bring them current to file chapter 7 or you must file chapter 13 and repay the arrears in the chapter 13 plan. A bankruptcy attorney can tell you if you pass the means test and qualify for a chapter 7 if you get a loan modification. Bankruptcy with a loan modification is a powerful tool, and bankruptcy chapter 13 with a failed loan modification may save your home from foreclosure.
Making mistakes when it comes to filing bankruptcy chapter 7 or chapter 13 can be very costly so carefully select a bankruptcy attorney. To get bankruptcy help or locate a bankruptcy attorney in California visit
bankruptcyattorneyincalifornia
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