US Trustee Investigation of Mortgage Servicing in Bankruptcy

In re Subpoena Duces Tecum, 461 B.R. 823 (C.D.Cal. 2011) – Investigation of Mortgage Servicers Oftentimes debtors think of the US Trustee as someone who is monitoring them.  It is easy to forget that the US Trustee’s Office role is to oversee and administer the entire bankruptcy system.  This includes overseeing the conduct of creditors.  When creditors abuse the provisions … Continue reading »

Mortgage Modification and Quiet Title Strategies

Newell v. Wells Fargo Bank, N.A., 2012 WL 27783 (N.D.Cal 2012) The Debtors sought to set aside the foreclosure on their home and quiet title to their mortgage.  Both the bankruptcy court and the federal district court ruled against the Debtors.  The Debtors’ appear to have bought into one of the many “get your house for free legal strategies.”  You … Continue reading »

Shortsale Information – Areas of Risk

A short sale sounds like a great way to take care of a foreclosure, right?  Well you need to be careful.  Many of my bankruptcy clients are somewhere in the short sale process.  If you even think that you might need a bankruptcy, make sure to pay attention to these areas of concern: First – It Could Prevent You From … Continue reading »

What If The Bank Refuses to Foreclose?

In re Heck, 2011 WL 133015 (Bankr. N.D.Cal. 2011) This is a short decision, but nonetheless an important illustration of one of the many struggles that consumer debtors face.  When a debtor surrenders their house in bankruptcy, it does not mean that the bank will take it back right away.  Usually this is a good thing for debtors, because it … Continue reading »

Bankruptcy Stops Foreclosure

Bankruptcy Stops Foreclosure A foreclosure is stressful and complicated.  You only have a short time to decide whether you want to get rid of your home or save it.  The decision to get rid of your home is extremely difficult. In order to make that decision you need to know your options. An experienced bankruptcy attorney can help you understand … Continue reading »