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Archive for May 31st, 2010

Two people get a home loan, one goes full chaper 7 wipe out bankruptcy due to medical bills and major health issues. Co-borrower is determined to keep the home, and wants a loan modification. Does the bankrupt borrowers income still get counted even though that borrower is no longer legally responsible for the mortgage ?
NOTE: Borrower and Co-Borrower are NOT married.

Unless a reaffirmation agreement was done in the bankruptcy, the Chapter 7 has wiped out the first debtors obligation to repay the loan so that the bank can only look to the second borrower that did not file. This means you do not need to list the income of the borrower that filed bankruptcy, but you can list it if they are helping borrower 2 in the repayment. I have had several cases where a client lists money received each month from family or friends to get them to the income level necessary to complete the modification. The bank will most likely want to see a history of the contribution though to establish that it is an income source that can be relied upon.

I am a bankruptcy attorney in San Jose and Sacramento, California. As a lawyer, I represent debtors in Chapter 7 and Chapter 13 bankruptcies.

The threat of Facing foreclosure has sent many homeowners into a panic . Our country’s sunken job market has made the housing crisis even more acute, and thousands of families are feeling desperate and convinced they are without help .

However, they do have options available. Many American homeowners in distress have been able to save their homes from foreclosure and regain financial stability with the help of a Mortgage Loan Audit .

            The task of a seasoned mortgage auditing specialist is  the Mortgage Audit which involves a detailed examination of every document concerning a home loan; this includes contracts, closing papers, payment statements and bills.

Any mistakes that may have been made throughout the lending process, such as breaks of state or federal lending regulations and erroneous charges, can be uncovered in a successful Mortgage Loan Audit.

found in 80% of Mortgage Loan Audits}.

These mistakes can render contracts invalid and even give borrowers grounds to sue lenders. This has cost mortgage lenders thousands of dollars in refunds and several trips back to the negotiating table, where they’ve had to agree to accept lower payments from their borrowers.

            One family to win big from a successful mortgage loan audit was the Mosbys of Miami, Florida, who after being foreclosed upon, recruited a forensic mortgage auditor to help them. The audit uncovered errors dramatic enough to enable the Mosbys to take their lenders to court under the Federal Truth and Lending Act. As a result, they were awarded their house back, mortgage-free.

While such dramatic results are not typical, mortgage loan audits have rendered over 80% of homeowners eligible for a refund of come kind, 11% in excess of $10,000. One borrower, for example, with the assist of a mortgage loan audit, found that the bank had miscalculated his payments and owed him over $30,000. Another homeowner in Denver was refunded over $40,000 in overcharges as the result of his mortgage loan audit.

Mortgage Audits have already changed the fortunes of many families on the brink of homelessness and financial ruin and the numbers continue to climb.

Homeowners feeling helpless in the face of foreclosure should know that they are not without options.

A suggested first step is to find an experienced FMA to conduct a mortgage loan audit; their assistance has given thousands of homeowners the help they need to save their homes

By uncovering discrepancies in at least 80% of loans, they can provide the legal leverage needed to bring mortgage lenders to the bargaining table. The danger  of losing one’s home can be stressful for anyone, but there is no need to shoulder the burden alone. Those seeking help no longer have to bear this bear this burden alone.

To learn more about the process of a mortgage audit click the following link –> Mortgage Audit