• Languages

  English | Español | Chinese

• SEARCH
• 
  
  
  
• 

• 

  
  
  
  

• Animal Attacks Bankruptcy Bike Accidents Birth and Nursing Home Injuries California Bar Car Accidents Defective Products discovery DUI Accidents faqs felonies filing a complaint fixed loan fixed mortgage injured insurance companies interest rate reduction Josh Harmon Joshua L. Harmon las vegas loan modification Law Firm Law Office of Josh Harmon Law Office of Joshua L. Harmon lawsuit legal representation Litigation loan mod Loan Modification loan modifications loan restructuring making home affordable Motorcycle Accidents Mr. Harmon Paralysis Pedestrian Accidents Personal Injury principle reduction short sale Slip and Fall Injuries Spinal Cord Injury TBI Traumatic Brain Injury Trial Attorney Truck Accidents Wrongful Death

  WP Cumulus Flash tag cloud by Roy Tanck requires Flash Player 9 or better.

• 
  4425 W. Spring Mountain Suite#300
  Las Vegas, NV 89102
  Office (702) 651-8886
  Fax (702) 651-8883
  

Posts Tagged ‘Loan Modification’

Chapter 13

Saturday, August 8th, 2009

Chapter 13

Individual Debt Adjustment

The chapter of the Bankruptcy Code providing for adjustment of debts of an individual with regular income. (Chapter 13 allows a debtor to keep property and pay debts over time, usually three to five years.)

a. Background
b. Advantages of Chapter 13
c. Chapter 13 Eligibility
d. How Chapter 13 Works
e. The Chapter 13 Plan and Confirmation Hearing
f. Making the Plan Work
g. The Chapter 13 Discharge
h. The Chapter 13 Hardship Discharge

——————————————————————————–

Background

A chapter 13 bankruptcy is also called a wage earner’s plan. It enables individuals with regular income to develop a plan to repay all or part of their debts. Under this chapter, debtors propose a repayment plan to make installments to creditors over three to five years. If the debtor’s current monthly income is less than the applicable state median, the plan will be for three years unless the court approves a longer period “for cause.” (1) If the debtor’s current monthly income is greater than the applicable state median, the plan generally must be for five years. In no case may a plan provide for payments over a period longer than five years. 11 U.S.C. §1322(d). During this time the law forbids creditors from starting or continuing collection efforts.

This chapter discusses six aspects of a chapter 13 proceeding: the advantages of choosing chapter 13, the chapter 13 eligibility requirements, how a chapter 13 proceeding works, what may be included in chapter 13 repayment plan and how it is confirmed, making the plan work, and the special chapter 13 discharge.

Advantages of Chapter 13

Chapter 13 offers individuals a number of advantages over liquidation under chapter 7. Perhaps most significantly, chapter 13 offers individuals an opportunity to save their homes from foreclosure. By filing under this chapter, individuals can stop foreclosure proceedings and may cure delinquent mortgage payments over time. Nevertheless, they must still make all mortgage payments that come due during the chapter 13 plan on time. Another advantage of chapter 13 is that it allows individuals to reschedule secured debts (other than a mortgage for their primary residence) and extend them over the life of the chapter 13 plan. Doing this may lower the payments. Chapter 13 also has a special provision that protects third parties who are liable with the debtor on “consumer debts.” This provision may protect co-signers. Finally, chapter 13 acts like a consolidation loan under which the individual makes the plan payments to a chapter 13 trustee who then distributes payments to creditors. Individuals will have no direct contact with creditors while under chapter 13 protection.

Chapter 13 Eligibility

Any individual, even if self-employed or operating an unincorporated business, is eligible for chapter 13 relief as long as the individual’s unsecured debts are less than $336,900 and secured debts are less than $1,010,650. 11 U.S.C. § 109(e). These amounts are adjusted periodically to reflect changes in the consumer price index. A corporation or partnership may not be a chapter 13 debtor. Id.

An individual cannot file under chapter 13 or any other chapter if, during the preceding 180 days, a prior bankruptcy petition was dismissed due to the debtor’s willful failure to appear before the court or comply with orders of the court or was voluntarily dismissed after creditors sought relief from the bankruptcy court to recover property upon which they hold liens. 11 U.S.C. §§ 109(g), 362(d) and (e). In addition, no individual may be a debtor under chapter 13 or any chapter of the Bankruptcy Code unless he or she has, within 180 days before filing, received credit counseling from an approved credit counseling agency either in an individual or group briefing. 11 U.S.C. §§ 109, 111. There are exceptions in emergency situations or where the U.S. trustee (or bankruptcy administrator) has determined that there are insufficient approved agencies to provide the required counseling. If a debt management plan is developed during required credit counseling, it must be filed with the court.

How Chapter 13 Works

A chapter 13 case begins by filing a petition with the bankruptcy court serving the area where the debtor has a domicile or residence. Unless the court orders otherwise, the debtor must also file with the court: (1) schedules of assets and liabilities; (2) a schedule of current income and expenditures; (3) a schedule of executory contracts and unexpired leases; and (4) a statement of financial affairs. Fed. R. Bankr. P. 1007(b). The debtor must also file a certificate of credit counseling and a copy of any debt repayment plan developed through credit counseling; evidence of payment from employers, if any, received 60 days before filing; a statement of monthly net income and any anticipated increase in income or expenses after filing; and a record of any interest the debtor has in federal or state qualified education or tuition accounts. 11 U.S.C. § 521. The debtor must provide the chapter 13 case trustee with a copy of the tax return or transcripts for the most recent tax year as well as tax returns filed during the case (including tax returns for prior years that had not been filed when the case began). Id. A husband and wife may file a joint petition or individual petitions. 11 U.S.C. § 302(a). (The Official Forms may be purchased at legal stationery stores or downloaded from the Internet at www.uscourts.gov/bkforms/index.html. They are not available from the court.)

The courts must charge a $235 case filing fee and a $39 miscellaneous administrative fee. Normally the fees must be paid to the clerk of the court upon filing. With the court’s permission, however, they may be paid in installments. 28 U.S.C. § 1930(a); Fed. R. Bankr. P. 1006(b); Bankruptcy Court Miscellaneous Fee Schedule, Item 8. The number of installments is limited to four, and the debtor must make the final installment no later than 120 days after filing the petition. Fed. R. Bankr. P. 1006(b). For cause shown, the court may extend the time of any installment, as long as the last installment is paid no later than 180 days after filing the petition. Id. The debtor may also pay the $39 administrative fee in installments. If a joint petition is filed, only one filing fee and one administrative fee are charged. Debtors should be aware that failure to pay these fees may result in dismissal of the case. 11 U.S.C. § 1307(c)(2).

In order to complete the Official Bankruptcy Forms that make up the petition, statement of financial affairs, and schedules, the debtor must compile the following information:

1. A list of all creditors and the amounts and nature of their claims;
2. The source, amount, and frequency of the debtor’s income;
3. A list of all of the debtor’s property; and
4. A detailed list of the debtor’s monthly living expenses, i.e., food, clothing, shelter, utilities, taxes, transportation, medicine, etc.
Married individuals must gather this information for their spouse regardless of whether they are filing a joint petition, separate individual petitions, or even if only one spouse is filing. In a situation where only one spouse files, the income and expenses of the non-filing spouse is required so that the court, the trustee and creditors can evaluate the household’s financial position.

When an individual files a chapter 13 petition, an impartial trustee is appointed to administer the case. 11 U.S.C. § 1302. In some districts, the U.S. trustee or bankruptcy administrator (2) appoints a standing trustee to serve in all chapter 13 cases. 28 U.S.C. § 586(b). The chapter 13 trustee both evaluates the case and serves as a disbursing agent, collecting payments from the debtor and making distributions to creditors. 11 U.S.C. § 1302(b).

Filing the petition under chapter 13 “automatically stays” (stops) most collection actions against the debtor or the debtor’s property. 11 U.S.C. § 362. Filing the petition does not, however, stay certain types of actions listed under 11 U.S.C. § 362(b), and the stay may be effective only for a short time in some situations. The stay arises by operation of law and requires no judicial action. As long as the stay is in effect, creditors generally may not initiate or continue lawsuits, wage garnishments, or even make telephone calls demanding payments. The bankruptcy clerk gives notice of the bankruptcy case to all creditors whose names and addresses are provided by the debtor.

Chapter 13 also contains a special automatic stay provision that protects co-debtors. Unless the bankruptcy court authorizes otherwise, a creditor may not seek to collect a “consumer debt” from any individual who is liable along with the debtor. 11 U.S.C. § 1301(a). Consumer debts are those incurred by an individual primarily for a personal, family, or household purpose. 11 U.S.C. § 101(8).

Individuals may use a chapter 13 proceeding to save their home from foreclosure. The automatic stay stops the foreclosure proceeding as soon as the individual files the chapter 13 petition. The individual may then bring the past-due payments current over a reasonable period of time. Nevertheless, the debtor may still lose the home if the mortgage company completes the foreclosure sale under state law before the debtor files the petition.11 U.S.C. § 1322(c). The debtor may also lose the home if he or she fails to make the regular mortgage payments that come due after the chapter 13 filing.

Between 20 and 50 days after the debtor files the chapter 13 petition, the chapter 13 trustee will hold a meeting of creditors. If the U.S. trustee or bankruptcy administrator schedules the meeting at a place that does not have regular U.S. trustee or bankruptcy administrator staffing, the meeting may be held no more than 60 days after the debtor files. Fed. R. Bankr. P. 2003(a). During this meeting, the trustee places the debtor under oath, and both the trustee and creditors may ask questions. The debtor must attend the meeting and answer questions regarding his or her financial affairs and the proposed terms of the plan.11 U.S.C. § 343. If a husband and wife file a joint petition, they both must attend the creditors’ meeting and answer questions. In order to preserve their independent judgment, bankruptcy judges are prohibited from attending the creditors’ meeting. 11 U.S.C. § 341(c). The parties typically resolve problems with the plan either during or shortly after the creditors’ meeting. Generally, the debtor can avoid problems by making sure that the petition and plan are complete and accurate, and by consulting with the trustee prior to the meeting.

In a chapter 13 case, to participate in distributions from the bankruptcy estate, unsecured creditors must file their claims with the court within 90 days after the first date set for the meeting of creditors. Fed. R. Bankr. P. 3002(c). A governmental unit, however, has 180 days from the date the case is filed file a proof of claim.11 U.S.C. § 502(b)(9).

After the meeting of creditors, the debtor, the chapter 13 trustee, and those creditors who wish to attend will come to court for a hearing on the debtor’s chapter 13 repayment plan.

The Chapter 13 Plan and Confirmation Hearing

Unless the court grants an extension, the debtor must file a repayment plan with the petition or within 15 days after the petition is filed. Fed. R. Bankr. P. 3015. A plan must be submitted for court approval and must provide for payments of fixed amounts to the trustee on a regular basis, typically biweekly or monthly. The trustee then distributes the funds to creditors according to the terms of the plan, which may offer creditors less than full payment on their claims.

There are three types of claims: priority, secured, and unsecured. Priority claims are those granted special status by the bankruptcy law, such as most taxes and the costs of bankruptcy proceeding. (3) Secured claims are those for which the creditor has the right take back certain property (i.e., the collateral) if the debtor does not pay the underlying debt. In contrast to secured claims, unsecured claims are generally those for which the creditor has no special rights to collect against particular property owned by the debtor.

The plan must pay priority claims in full unless a particular priority creditor agrees to different treatment of the claim or, in the case of a domestic support obligation, unless the debtor contributes all “disposable income” – discussed below – to a five-year plan.11 U.S.C. § 1322(a).

If the debtor wants to keep the collateral securing a particular claim, the plan must provide that the holder of the secured claim receive at least the value of the collateral. If the obligation underlying the secured claim was used to buy the collateral (e.g., a car loan), and the debt was incurred within certain time frames before the bankruptcy filing, the plan must provide for full payment of the debt, not just the value of the collateral (which may be less due to depreciation). Payments to certain secured creditors (i.e., the home mortgage lender), may be made over the original loan repayment schedule (which may be longer than the plan) so long as any arrearage is made up during the plan. The debtor should consult an attorney to determine the proper treatment of secured claims in the plan.

The plan need not pay unsecured claims in full as long it provides that the debtor will pay all projected “disposable income” over an “applicable commitment period,” and as long as unsecured creditors receive at least as much under the plan as they would receive if the debtor’s assets were liquidated under chapter 7. 11 U.S.C. § 1325. In chapter 13, “disposable income” is income (other than child support payments received by the debtor) less amounts reasonably necessary for the maintenance or support of the debtor or dependents and less charitable contributions up to 15% of the debtor’s gross income. If the debtor operates a business, the definition of disposable income excludes those amounts which are necessary for ordinary operating expenses. 11 U.S.C. § 1325(b)(2)(A) and (B). The “applicable commitment period” depends on the debtor’s current monthly income. The applicable commitment period must be three years if current monthly income is less than the state median for a family of the same size – and five years if the current monthly income is greater than a family of the same size. 11 U.S.C. § 1325(d). The plan may be less than the applicable commitment period (three or five years) only if unsecured debt is paid in full over a shorter period.

Within 30 days after filing the bankruptcy case, even if the plan has not yet been approved by the court, the debtor must start making plan payments to the trustee. 11 U.S.C. § 1326(a)(1). If any secured loan payments or lease payments come due before the debtor’s plan is confirmed (typically home and automobile payments), the debtor must make adequate protection payments directly to the secured lender or lessor – deducting the amount paid from the amount that would otherwise be paid to the trustee. Id.

No later than 45 days after the meeting of creditors, the bankruptcy judge must hold a confirmation hearing and decide whether the plan is feasible and meets the standards for confirmation set forth in the Bankruptcy Code. 11 U.S.C. §§ 1324, 1325. Creditors will receive 25 days’ notice of the hearing and may object to confirmation. Fed. R. Bankr. P. 2002(b). While a variety of objections may be made, the most frequent ones are that payments offered under the plan are less than creditors would receive if the debtor’s assets were liquidated or that the debtor’s plan does not commit all of the debtor’s projected disposable income for the three or five year applicable commitment period.

If the court confirms the plan, the chapter 13 trustee will distribute funds received under the plan “as soon as is practicable.” 11 U.S.C. § 1326(a)(2). If the court declines to confirm the plan, the debtor may file a modified plan. 11 U.S.C. § 1323. The debtor may also convert the case to a liquidation case under chapter 7. (4) 11 U.S.C. § 1307(a). If the court declines to confirm the plan or the modified plan and instead dismisses the case, the court may authorize the trustee to keep some funds for costs, but the trustee must return all remaining funds to the debtor (other than funds already disbursed or due to creditors). 11 U.S.C. § 1326(a)(2).

Occasionally, a change in circumstances may compromise the debtor’s ability to make plan payments. For example, a creditor may object or threaten to object to a plan, or the debtor may inadvertently have failed to list all creditors. In such instances, the plan may be modified either before or after confirmation. 11 U.S.C. §§ 1323, 1329. Modification after confirmation is not limited to an initiative by the debtor, but may be at the request of the trustee or an unsecured creditor. 11 U.S.C. § 1329(a).

Making the Plan Work

The provisions of a confirmed plan bind the debtor and each creditor. 11 U.S.C. § 1327. Once the court confirms the plan, the debtor must make the plan succeed. The debtor must make regular payments to the trustee either directly or through payroll deduction, which will require adjustment to living on a fixed budget for a prolonged period. Furthermore, while confirmation of the plan entitles the debtor to retain property as long as payments are made, the debtor may not incur new debt without consulting the trustee, because additional debt may compromise the debtor’s ability to complete the plan. 11 U.S.C. §§ 1305(c), 1322(a)(1), 1327.

A debtor may make plan payments through payroll deductions. This practice increases the likelihood that payments will be made on time and that the debtor will complete the plan. In any event, if the debtor fails to make the payments due under the confirmed plan, the court may dismiss the case or convert it to a liquidation case under chapter 7 of the Bankruptcy Code. 11 U.S.C. § 1307(c). The court may also dismiss or convert the debtor’s case if the debtor fails to pay any post-filing domestic support obligations (i.e., child support, alimony), or fails to make required tax filings during the case. 11 U.S.C. §§ 1307(c) and (e), 1308, 521.

The Chapter 13 Discharge

The bankruptcy law regarding the scope of the chapter 13 discharge is complex and has recently undergone major changes. Therefore, debtors should consult competent legal counsel prior to filing regarding the scope of the chapter 13 discharge.

A chapter 13 debtor is entitled to a discharge upon completion of all payments under the chapter 13 plan so long as the debtor: (1) certifies (if applicable) that all domestic support obligations that came due prior to making such certification have been paid; (2) has not received a discharge in a prior case filed within a certain time frame (two years for prior chapter 13 cases and four years for prior chapter 7, 11 and 12 cases); and (3) has completed an approved course in financial management (if the U.S. trustee or bankruptcy administrator for the debtor’s district has determined that such courses are available to the debtor). 11 U.S.C. § 1328. The court will not enter the discharge, however, until it determines, after notice and a hearing, that there is no reason to believe there is any pending proceeding that might give rise to a limitation on the debtor’s homestead exemption. 11 U.S.C. § 1328(h).

The discharge releases the debtor from all debts provided for by the plan or disallowed (under section 502), with limited exceptions. Creditors provided for in full or in part under the chapter 13 plan may no longer initiate or continue any legal or other action against the debtor to collect the discharged obligations.

As a general rule, the discharge releases the debtor from all debts provided for by the plan or disallowed, with the exception of certain debts referenced in 11 U.S.C. § 1328. Debts not discharged in chapter 13 include certain long term obligations (such as a home mortgage), debts for alimony or child support, certain taxes, debts for most government funded or guaranteed educational loans or benefit overpayments, debts arising from death or personal injury caused by driving while intoxicated or under the influence of drugs, and debts for restitution or a criminal fine included in a sentence on the debtor’s conviction of a crime. To the extent that they are not fully paid under the chapter 13 plan, the debtor will still be responsible for these debts after the bankruptcy case has concluded. Debts for money or property obtained by false pretenses, debts for fraud or defalcation while acting in a fiduciary capacity, and debts for restitution or damages awarded in a civil case for willful or malicious actions by the debtor that cause personal injury or death to a person will be discharged unless a creditor timely files and prevails in an action to have such debts declared nondischargeable. 11 U.S.C. §§ 1328, 523(c); Fed. R. Bankr. P. 4007(c).

The discharge in a chapter 13 case is somewhat broader than in a chapter 7 case. Debts dischargeable in a chapter 13, but not in chapter 7, include debts for willful and malicious injury to property (as opposed to a person), debts incurred to pay nondischargeable tax obligations, and debts arising from property settlements in divorce or separation proceedings. 11 U.S.C. § 1328(a).

The Chapter 13 Hardship Discharge

After confirmation of a plan, circumstances may arise that prevent the debtor from completing the plan. In such situations, the debtor may ask the court to grant a “hardship discharge.” 11 U.S.C. § 1328(b). Generally, such a discharge is available only if: (1) the debtor’s failure to complete plan payments is due to circumstances beyond the debtor’s control and through no fault of the debtor; (2) creditors have received at least as much as they would have received in a chapter 7 liquidation case; and (3) modification of the plan is not possible. Injury or illness that precludes employment sufficient to fund even a modified plan may serve as the basis for a hardship discharge. The hardship discharge is more limited than the discharge described above and does not apply to any debts that are nondischargeable in a chapter 7 case. 11 U.S.C. § 523.

——————————————————————————–

NOTES

1. The “current monthly income” received by the debtor is a defined term in the Bankruptcy Code and means the average monthly income received over the six calendar months before commencement of the bankruptcy case, including regular contributions to household expenses from nondebtors and including income from the debtor’s spouse if the petition is a joint petition, but not including social security income or certain payments made because the debtor is the victim of certain crimes. 11 U.S.C. § 101(10A). return to text
2. In North Carolina and Alabama, bankruptcy administrators perform similar functions that U.S. trustees perform in the remaining forty-eight states. The bankruptcy administrator program is administered by the Administrative Office of the United States Courts, while the U.S. trustee program is administered by the Department of Justice. For purposes of this publication, references to U.S. trustees are also applicable to bankruptcy administrators. return to text
3. Section 507 sets forth 10 categories of unsecured claims which Congress has, for public policy reasons, given priority of distribution over other unsecured claims. return to text
4. A fee of $25 is charged for converting a case under chapter 13 to a case under chapter 7. return to text

Source: http://www.uscourts.gov/bankruptcycourts/bankruptcybasics/chapter13.html

Tags: Bankruptcy, filing a complaint, insurance companies, interest rate reduction, Joshua L. Harmon, las vegas loan modification, Law Firm, Law Office of Josh Harmon, lawsuit, legal representation, loan mod, Loan Modification, loan modifications, loan restructuring, Mr. Harmon, principle reduction, short sale
Posted in Bankruptcy, Loan Modification | Comments Off

Bike Accidents

Sunday, August 2nd, 2009

Collisions between a bike and a car often produce catastrophic injuries. A bike rider has no protection from a car accident. A collision will knock the bike rider to the ground and cause serious injuries. Common injuries from bike accidents include broken bones, spinal injuries, brain injuries, and paralysis. These injuries arise from a series of causes. First, the bike rider is struck by a car. Second, the bike rider falls to the ground. Third, the bike rider is struck by oncoming traffic as they lay in the street unable to move. Our bike accident attorneys are able to get you the money you deserve for your injuries.

Bike accidents will almost always require immediate and expensive medical care. This is the natural result of the traumatic forces involved in the collision. As well as secondary causes, such as being run over after the bike rider is knocked to the ground. Our bike accident attorneys can assist you in getting payment for medical bills, as well as future medical costs.

It is critical that an experienced bike accident attorney handle your case. Bike accident cases are complex and require detailed investigation. Frequently, the bike is mangled and it is impossible to determine where or how the car struck the bike and bike rider. In addition, there may be a lack of typical physical evidence such as skid marks. Our bike accident attorneys are skilled in reviewing and analyzing the facts of the accident and determining the cause of the bike accident. Frequent causes of bike accidents include:

1. Failure to maintain a travel lane
2. Failure to see the bike rider
3. Passing the bike rider unsafely
4. Turning in front of a bike rider
5. Striking a bike rider from behind

Our bike accident attorneys can investigate your bike accident and help you concentrate on the recovery process. Bike accident victims may be entitled to significant financial compensation for their injuries. Our bike accident attorneys will work hard to get you all the money you deserve. You may receive money for your medical bills, pain and suffering, lost wages, future medical treatment, and a host of other reasons depending upon your case. If you have suffered an injury, please contact our bike accident attorneys immediately so we may begin getting you the money you deserve.

Tags: Animal Attacks, Bankruptcy, Bike Accidents, Birth and Nursing Home Injuries, California Bar, Car Accidents, Defective Products, discovery, DUI Accidents, faqs, felonies, injured, insurance companies, interest rate reduction, las vegas loan modification, Law Office of Joshua L. Harmon, legal representation, Loan Modification, making home affordable, Mr. Harmon, Pedestrian Accidents, Personal Injury, principle reduction, Slip and Fall Injuries, Spinal Cord Injury, Traumatic Brain Injury, Trial Attorney, Truck Accidents, Wrongful Death
Posted in Personal Injury | Comments Off

Slip and Fall

Saturday, August 1st, 2009

Slip and Fall Accidents
          A property or store owner is responsible for maintaining the location in a safe manner.  An individual may recover damages from a person who allows a dangerous or unsafe condition to exist on their property.  If a slip and fall accident happens, our slip and fall attorneys are available to assist you. 

         A slip and fall accident can happen anyplace there is an unsafe or dangerous condition.  Common locations include grocery stores, movie theatres, restaurants, department stores, and unmarked stairs or drop-offs.  Our slip and fall accident attorneys are able to evaluate your case and get you the maximum compensation for your injuries.  Slip and fall accident victims may be entitled to significant financial compensation for their injuries.  Our slip and fall accident attorneys will work hard to get you all the money you deserve.  You may receive money for your medical bills, pain and suffering, lost wages, future medical treatment, and a host of other reasons depending upon your case.  If you have suffered an injury, please contact our slip and fall accident attorneys immediately so we may begin getting you the money you deserve.

Tags: Animal Attacks, Bike Accidents, Birth and Nursing Home Injuries, California Bar, Car Accidents, Defective Products, discovery, DUI Accidents, faqs, felonies, fixed mortgage, injured, insurance companies, interest rate reduction, Josh Harmon, Joshua L. Harmon, las vegas loan modification, Law Office of Josh Harmon, lawsuit, legal representation, Litigation, Loan Modification, loan modifications, loan restructuring, making home affordable, Motorcycle Accidents, Mr. Harmon, Paralysis, Pedestrian Accidents, Personal Injury, principle reduction, short sale, Slip and Fall Injuries, Spinal Cord Injury, Traumatic Brain Injury, Trial Attorney, Truck Accidents, Wrongful Death
Posted in Personal Injury | Comments Off

Joshua L. Harmon

Saturday, August 1st, 2009

Joshua L. Harmon, Esq.

Tags: attorney, Bankruptcy, California Bar, Car Accidents, DUI Accidents, filing a complaint, fixed mortgage, insurance companies, interest rate reduction, Joshua L. Harmon, Las Vegas Attorney, Las Vegas Lawyer, las vegas loan modification, Law Firm, lawyer, legal help, legal representation, Loan Modification, loan restructuring, making home affordable, Motorcycle Accidents, Mr. Harmon, Pedestrian Accidents, principle reduction, short sale, Spinal Cord Injury, Traumatic Brain Injury, Wrongful Death
Posted in Personal Injury | Comments Off

Joshua Harmon

Saturday, August 1st, 2009

Mr. Harmon earned his Juris Doctor degree from Washington and Lee School of Law and his Bachelor degree, with honors, from Franklin & Marshall College. While at Franklin & Marshall College, Mr. Harmon worked as a Symbolic Logic Tutor and Classical History Preceptor. Prior to practicing law, Mr. Harmon was a member of the United States Military and attended the United States Army Drill Sergeant’s School.

Mr. Harmon began his legal career at the law firm of Harmon & Davies, P.C. Corporate clients were attracted to his aggressive results-oriented approach to litigation. His notable clients included Mars, Inc., Kal Kan Foods, Masterfoods USA, Sysco, Uncle Ben’s, and Amoi Electronics. Mr. Harmon spent approximately twelve (12) years at Harmon & Davies honing his trial skills.

Mr. Harmon later departed and formed his own law firm concentrating in the area that he enjoyed most – helping injured individuals. He personally handles all aspects of each client’s case and relentlessly pushes each case towards the most favorable resolution.

Mr. Harmon is admitted to the Nevada Bar, California Bar, and Pennsylvania Bar. He is an active member of the Nevada Trial Lawyers Association. He enjoys outdoor activities and spending time with his two year old daughter.

Joshua L. Harmon, Esq. is the principal of the Law Office of Joshua L. Harmon. He concentrates his practice in personal injury law.

Tags: Bankruptcy, Bike Accidents, Birth and Nursing Home Injuries, California Bar, Car Accidents, Defective Products, faqs, felonies, filing a complaint, fixed mortgage, interest rate reduction, Josh Harmon, Joshua L. Harmon, las vegas loan modification, Law Firm, Law Office of Josh Harmon, Law Office of Joshua L. Harmon, legal representation, Litigation, loan mod, Loan Modification, loan modifications, loan restructuring, Motorcycle Accidents, Mr. Harmon, Personal Injury, principle reduction, Traumatic Brain Injury, Wrongful Death
Posted in Videos | Comments Off

Home Affordable Refinance Program

Saturday, August 1st, 2009

About Making Home Affordable

Tags: Animal Attacks, Bankruptcy, California Bar, fixed mortgage, interest rate reduction, Joshua L. Harmon, las vegas loan modification, Law Office of Josh Harmon, Law Office of Joshua L. Harmon, legal representation, loan mod, Loan Modification, loan modifications, loan restructuring, making home affordable, Mr. Harmon, principle reduction, short sale, Trial Attorney
Posted in Uncategorized | Comments Off

Q1 2009 Realty Trac

Saturday, August 1st, 2009

Foreclosure Activity Increases 9 Percent in First Quarter According to RealtyTrac(R) U.S. Foreclosure Market Report

		U.S. Foreclosure Market Report Q1 2009 Heat Map. (PRNewsFoto/RealtyTrac Inc.)   IRVINE, CA UNITED STATES

  

 

U.S. Foreclosure Activity Up 24 Percent From Q1 2008 March Activity Up 17 Percent From February, 46 Percent From March 2008 IRVINE, Calif., April 16 /PRNewswire/ -- RealtyTrac(R) (http://www.realtytrac.com), the leading online marketplace for foreclosure properties, today released its U.S. Foreclosure Market Report(TM) for Q1 2009, which shows that foreclosure filings -- default notices, auction sale notices and bank repossessions -- were reported on 803,489 properties in the first quarter, a 9 percent increase from the previous quarter and an increase of nearly 24 percent from Q1 2008. One in every 159 U.S. housing units received a foreclosure filing during the quarter. Foreclosure filings were reported on 341,180 properties in March, a 17 percent increase from the previous month and a 46 percent increase from March 2008. The March and Q1 2009 totals were the highest monthly and quarterly totals since RealtyTrac began issuing its report in January 2005 despite a decrease in bank repossessions (REOs), which were down 13 percent from the fourth quarter of 2008 and 3 percent from February totals. "In the month of March we saw a record level of foreclosure activity -- the number of households that received a foreclosure filing was more than 12 percent higher than the next highest month on record. Since much of this activity was in new foreclosure actions, it suggests that many lenders and servicers were holding off on executing foreclosures due to industry moratoria and legislative delays," said James J. Saccacio, chief executive officer of RealtyTrac. "It's also likely that the drop in REO activity can be attributed to these processing delays, rather than to any of the foreclosure prevention programs currently in place. It's very likely that we'll see the number of REOs increase again now that most of the moratoria have been lifted." "On a positive note, it appears that demand is up in some of the harder-hit areas, particularly on bank-owned REO properties that first time homebuyers and investors see as bargains," Saccacio continued. "But it's unlikely that this increased demand will be enough to offset the growing number of foreclosures in the pipeline, accelerated by rising unemployment rates." Nevada, Arizona, California post top state foreclosure rates in first quarter Nevada continued to document the nation's highest state foreclosure rate in the first quarter, with one in every 27 housing units receiving a foreclosure filing -- more than five times the national average. Foreclosure filings were reported on 41,296 Nevada properties during the quarter, an increase of 19 percent from the previous quarter and an increase of nearly 111 percent from Q1 2008. Bank repossessions in Nevada were down 3 percent from the previous quarter, but defaults increased 27 percent and auction sale notices increased 35 percent. Arizona posted the nation's second highest state foreclosure rate for the first quarter, with one in every 54 housing units receiving a foreclosure filing, and California posted the nation's third highest state foreclosure rate, with one in every 58 housing units receiving a foreclosure filing. Other states with foreclosure rates ranking among the top 10 in the first quarter were Florida, Illinois, Michigan, Georgia, Idaho, Utah and Oregon. Five states account for nearly 60 percent of nation's first quarter total California, Florida, Arizona, Nevada and Illinois accounted for nearly 60 percent of the nation's foreclosure activity in the first quarter, with 479,516 properties receiving foreclosure filings in the five states combined. With 230,915 properties receiving foreclosure filings during the quarter, California accounted for nearly 29 percent of the nation's total. The state's foreclosure activity increased 35 percent from the previous quarter and 36 percent from Q1 2008, and the first-quarter total was state's highest quarterly total since RealtyTrac began issuing its report in the first quarter of 2005. Despite a 12 percent decrease from the previous quarter, Florida's first quarter total was still second highest in the nation. Foreclosure filings were reported on 119,220 Florida properties, a 36 percent increase from the first quarter of 2008. The state posted the nation's fourth highest state foreclosure rate during the quarter, with one in every 73 housing units receiving a foreclosure filing. Foreclosure filings were reported on 49,119 Arizona properties in the first quarter of 2009, the third highest total among the states, and 41,296 Nevada properties received a foreclosure filing in the first quarter of 2009, the fourth highest total among the states. Illinois posted the nation's fifth highest total, with 38,966 properties receiving a foreclosure filing during the first quarter -- a 32 percent increase from the previous quarter and a 68 percent increase from the first quarter of 2008. With one in every 135 housing units receiving a foreclosure filing, the state's foreclosure rate also ranked fifth highest among the states. Rounding out the states with the 10 highest foreclosure activity totals in Q1 2009 were Michigan, Ohio, Georgia, Texas and Virginia. Report methodology The RealtyTrac U.S. Foreclosure Market Report provides a count of the total number of properties with at least one foreclosure filing reported during the month or quarter -- broken out by type of filing at the state and national level. Data is also available at the individual county level for both Q1 2009 and March 2009. Data is collected from more than 2,200 counties nationwide, and those counties account for more than 90 percent of the U.S. population. RealtyTrac's report incorporates documents filed in all three phases of foreclosure: Default -- Notice of Default (NOD) and Lis Pendens (LIS); Auction -- Notice of Trustee Sale and Notice of Foreclosure Sale (NTS and NFS); and Real Estate Owned, or REO properties (that have been foreclosed on and repurchased by a bank). If more than one foreclosure document is filed against a property during the month or quarter, only the most recent filing is counted in the report. U.S. Foreclosure Market Data by State - Q1 2009 Properties with Foreclosure Filings Rate State Rank Name NOD LIS NTS NFS -- U.S. 156,933 149,852 225,752 80,409 35 Alabama 0 0 2,291 0 33 Alaska 0 0 349 0 2 Arizona 21 0 35,079 0 20 Arkansas 536 0 2,973 0 3 California 124,875 0 60,256 0 12 Colorado 7 0 9,186 0 15 Connecticut 0 4,256 16 461 31 Delaware 0 1 6 607 District of Columbia 274 0 400 0 4 Florida 0 70,114 183 33,035 7 Georgia 1 0 18,938 0 26 Hawaii 300 0 1,094 0 8 Idaho 2,141 0 1,954 0 5 Illinois 0 19,848 120 11,612 14 Indiana 0 4,588 93 4,523 38 Iowa 0 0 718 0 32 Kansas 0 335 16 915 42 Kentucky 0 116 28 1,003 40 Louisiana 0 9 19 1,507 39 Maine 206 81 281 144 16 Maryland 0 6,547 21 1,584 27 Massachusetts 0 4,282 11 1,401 6 Michigan 791 0 21,863 0 25 Minnesota 8 0 3,750 0 44 Mississippi 0 0 630 0 28 Missouri 32 0 4,003 0 47 Montana 0 0 23 0 48 Nebraska 0 161 10 18 1 Nevada 20,534 0 10,320 0 19 New Hampshire 0 0 1,648 0 24 New Jersey 0 7,254 16 2,771 41 New Mexico 0 294 4 266 37 New York 0 7,647 15 2,296 36 North Carolina 514 0 2,253 0 45 North Dakota 0 0 1 44 11 Ohio 0 12,279 137 10,398 34 Oklahoma 802 0 1,249 0 10 Oregon 3,166 0 5,465 0 30 Pennsylvania 0 4,477 27 4,277 18 Rhode Island 0 0 830 0 23 South Carolina 0 3,196 29 1,372 49 South Dakota 0 0 1 92 17 Tennessee 1 0 5,753 0 29 Texas 34 0 14,564 0 9 Utah 2,396 0 1,982 0 50 Vermont 0 0 1 0 13 Virginia 294 0 9,858 0 21 Washington 0 0 6,810 0 46 West Virginia 0 0 285 0 22 Wisconsin 0 4,367 67 2,083 43 Wyoming 0 0 126 0 1/every % change % change Rate State X HU from from Rank Name REO Total (rate) Q4 08 Q1 08 -- U.S. 190,543 803,489 159 9.16 23.63 35 Alabama 1,378 3,669 582 74.71 115.82* 33 Alaska 202 551 512 -24.31 14.55 2 Arizona 14,019 49,119 54 6.22 79.24 20 Arkansas 1,072 4,581 281 -3.23 22.09 3 California 45,784 230,915 58 35.13 35.97 12 Colorado 3,412 12,605 169 -13.84 -33.64 15 Connecticut 1,143 5,876 245 -6.76 -23.01 31 Delaware 214 828 469 2.60 54.19 District of Columbia 163 837 340 4.23 -23.14 4 Florida 15,888 119,220 73 -12.19 35.64 7 Georgia 9,669 28,608 138 10.66 0.37 26 Hawaii 160 1,554 326 25.32 318.87 8 Idaho 198 4,293 147 15.56 137.18* 5 Illinois 7,386 38,966 135 31.66 67.85 14 Indiana 3,253 12,457 223 -6.01 -10.61 38 Iowa 854 1,572 846 -8.92 0.38 32 Kansas 1,285 2,551 478 35.55 82.74 42 Kentucky 588 1,735 1,099 -3.29 9.67 40 Louisiana 436 1,971 943 15.87 1.70 39 Maine 64 776 898 -14.25 32.20 16 Maryland 1,137 9,289 250 -7.39 -18.47 27 Massachusetts 2,499 8,193 332 -9.16 -49.94 6 Michigan 10,530 33,184 136 -1.98 12.32 25 Minnesota 3,415 7,173 321 7.83 69.53 44 Mississippi 138 768 1,634 57.38 67.69* 28 Missouri 3,256 7,291 363 -13.75t -17.55t 47 Montana 130 153 2,847 -44.96 -63.66 48 Nebraska 33 222 3,517 29.07 -70.08 1 Nevada 10,442 41,296 27 19.13 110.75 19 New Hampshire 577 2,225 267 4.26 24.44 24 New Jersey 1,668 11,709 299 -29.17 -10.65 41 New Mexico 253 817 1,055 6.80 -30.88 37 New York 1,059 11,017 721 31.69 -23.37 36 North Carolina 3,221 5,988 689 -19.69 -41.77 45 North Dakota 76 121 2,567 -4.72 142.00* 11 Ohio 8,781 31,595 160 -3.14 1.10 34 Oklahoma 861 2,912 557 1.68 -10.10 10 Oregon 1,916 10,547 153 29.41 151.00* 30 Pennsylvania 3,016 11,797 464 5.36 99.92* 18 Rhode Island 881 1,711 264 -23.79 8.22 23 South Carolina 2,419 7,016 288 27.10 261.84* 49 South Dakota 3 96 3,721 -20.66 50.00 17 Tennessee 4,608 10,362 263 2.03 -16.36tt 29 Texas 10,661 25,259 373 14.87 -25.03 9 Utah 1,765 6,143 151 12.47 86.77 50 Vermont 20 21 14,830 -59.62 600.00* 13 Virginia 4,573 14,725 222 -10.73t 11.97t 21 Washington 2,903 9,713 283 2.69 46.32 46 West Virginia 50 335 2,635 95.91 134.27 22 Wisconsin 2,393 8,910 287 57.70 57.09* 43 Wyoming 91 217 1,117 -11.07 32.32 *Actual increase may not be as high due to data collection changes or Improvements t Collection of some records previously classified as NOD in this state was discontinued starting in January 2009 tt Collection of some records previously classified as NOD in this state was discontinued starting in September 2008 U.S. Foreclosure Rates Heat Map - Q1 2009 (Photo: http://www.newscom.com/cgi-bin/prnh/20090416/LA99849) U.S. Foreclosure Market Data by State - March 2009 Properties with Foreclosure Filings Rate State Rank Name NOD LIS NTS NFS -- U.S. 72,790 58,741 104,856 33,042 29 Alabama 0 0 1,655 0 33 Alaska 0 0 155 0 3 Arizona 3 0 14,012 0 18 Arkansas 234 0 1,203 0 2 California 58,858 0 34,575 0 10 Colorado 2 0 3,703 0 13 Connecticut 0 2,187 0 158 28 Delaware 0 0 0 339 District of Columbia 98 0 153 0 4 Florida 0 26,964 0 13,566 5 Georgia 0 0 8,136 0 21 Hawaii 149 0 509 0 7 Idaho 1,133 0 726 0 8 Illinois 0 7,362 0 4,740 14 Indiana 0 1,964 1 1,587 40 Iowa 0 0 181 0 34 Kansas 0 170 0 305 42 Kentucky 0 15 0 398 37 Louisiana 0 7 0 740 41 Maine 0 81 0 144 20 Maryland 0 2,210 0 732 31 Mass. 0 1,708 0 456 9 Michigan 0 0 8,286 0 24 Minnesota 2 0 1,929 0 46 Mississippi 0 0 179 0 30 Missouri 3 0 1,630 0 48 Montana 0 0 6 0 44 Nebraska 0 161 0 6 1 Nevada 10,351 0 5,055 0 23 New Hampshire 0 0 617 0 25 New Jersey 0 2,748 0 1,098 39 New Mexico 0 134 0 93 36 New York 0 3,459 0 721 38 North Carolina 213 0 653 0 47 North Dakota 0 0 0 22 11 Ohio 0 4,828 0 4,447 35 Oklahoma 324 0 580 0 12 Oregon 28 0 2,766 0 32 Pennsylvania 0 1,777 0 1,891 22 Rhode Island 0 0 300 0 26 South Carolina 0 1,069 0 485 49 South Dakota 0 0 0 24 16 Tennessee 0 0 2,496 0 27 Texas 16 0 7,151 0 6 Utah 1,372 0 1,013 0 50 Vermont 0 0 0 0 15 Virginia 4 0 3,971 0 17 Washington 0 0 3,031 0 45 West Virginia 0 0 135 0 19 Wisconsin 0 1,897 0 1,090 43 Wyoming 0 0 49 0 % change % change Rate State from from Rank Name REO Total Feb 09 Mar 08 -- U.S. 71,751 341,180 17.46 46.37 29 Alabama 605 2,260 216.97* 248.23* 33 Alaska 69 224 10.34 16.67 3 Arizona 4,861 18,876 4.18 105.20 18 Arkansas 486 1,923 19.00 58.93 2 California 14,352 107,785 33.44 66.56 10 Colorado 1,875 5,580 32.26 -9.71 13 Connecticut 540 2,885 29.95 35.70 28 Delaware 92 431 57.88 124.48 District of Columbia 77 328 -13.46 6.84 4 Florida 6,601 47,131 1.60 55.78 5 Georgia 5,230 13,366 31.23 20.99 21 Hawaii 66 724 34.82 503.33 7 Idaho 62 1,921 8.90 192.39* 8 Illinois 3,296 15,398 8.30 78.57 14 Indiana 1,574 5,126 16.34 0.14 40 Iowa 305 486 -16.06 -5.08 34 Kansas 369 844 -27.92 18.87 42 Kentucky 218 631 5.52 -8.68 37 Louisiana 200 947 39.68 51.28 41 Maine 24 249 -4.60 27.04 20 Maryland 392 3,334 4.97 -22.01 31 Mass. 508 2,672 -9.12 -52.05 9 Michigan 4,131 12,417 -1.17 30.79 24 Minnesota 1,146 3,077 19.54 132.58 46 Mississippi 42 221 -24.83 17.55 30 Missouri 1,082 2,715 -13.23 -19.39t 48 Montana 56 62 14.81 -59.74 44 Nebraska 16 183 1307.69 -33.21 1 Nevada 4,443 19,849 25.76 159.16 23 New Hampshire 207 824 11.50 99.03 25 New Jersey 724 4,570 39.37 1.96 39 New Mexico 119 346 -7.24 1.17 36 New York 329 4,509 10.84 -11.38 38 North Carolina 1,111 1,977 -3.04 -40.05 47 North Dakota 31 53 43.24 562.50* 11 Ohio 3,336 12,611 12.29 11.87 35 Oklahoma 215 1,119 8.64 -22.67 12 Oregon 594 3,388 -6.10 107.47* 32 Pennsylvania 1,275 4,943 17.92 70.45* 22 Rhode Island 333 633 54.77 59.05 26 South Carolina 812 2,366 -4.33 153.86* 49 South Dakota 1 25 -21.88 56.25 16 Tennessee 1,925 4,421 19.78 13.16tt 27 Texas 3,449 10,616 0.85 -0.79 6 Utah 700 3,085 70.91 150.81 50 Vermont 4 4 -63.64 100.00* 15 Virginia 1,780 5,755 19.32 16.66t 17 Washington 1,205 4,236 37.71 89.62 45 West Virginia 27 162 45.95 138.24 19 Wisconsin 825 3,812 27.66 83.89* 43 Wyoming 31 80 -1.23 -2.44 *Actual increase may not be as high due to data collection changes or Improvements t Collection of some records previously classified as NOD in this state was discontinued starting in January 2009 tt Collection of some records previously classified as NOD in this state was discontinued starting in September 2008 About RealtyTrac Inc. RealtyTrac (http://www.realtytrac.com) is the leading online marketplace of foreclosure properties, with more than 1.5 million default, auction and bank-owned listings from over 2,200 U.S. counties, along with detailed property, loan and home sales data. Hosting more than 3 million unique monthly visitors, RealtyTrac provides innovative technology solutions and practical education resources to facilitate buying, selling and investing in real estate. RealtyTrac's foreclosure data has also been used by the Federal Reserve, FBI, U.S. Senate Joint Economic Committee and Banking Committee, U.S. Treasury Department, and numerous state housing and banking departments to help evaluate foreclosure trends and address policy issues related to foreclosures.

Tags: Bankruptcy, California Bar, fixed loan, fixed mortgage, insurance companies, interest rate reduction, Josh Harmon, Joshua L. Harmon, Law Office of Joshua L. Harmon, legal representation, Loan Modification, making home affordable, Mr. Harmon, principle reduction, short sale
Posted in Loan Modification | Comments Off

State Foreclosure Laws

Saturday, August 1st, 2009

Judicial foreclosure: In the absence of a power of sale clause in the loan document, a lender may sue the borrower to obtain a court order to foreclose and sell the property.

Non-judicial foreclosure is pursued when a power of sale clause is present in the loan document. If the clause contains instructions as to the time, place, and terms of sale, that procedure must be followed. If not, a notice of sale must be published weekly for four consecutive weeks in a newspaper published in the county in which the property is located. If no newspaper is published in the subject county, the notice shall be published in a newspaper in an adjoining county.

The sale may not be held until 30 days from the last date of publication, and shall be held between the hours of 11:00 AM and 4:00 PM at the courthouse door as a public auction for cash to the highest bidder.

Right of redemption: The owner has 12 months in which to redeem the property. Deficiency judgments are permitted.

Nevada
Judicial Foreclosure-Sometimes
Non-Judicial Foreclosure-Yes, most common
Security Instruments-Deed of Trust, Mortgage
Right of Redemption-judicial foreclosure only
Deficiency Judgments-Yes
Time Frame-Usually 120 days

Arizona
Judicial Foreclosure-Sometimes
Non-Judicial Foreclosure-Yes, most common
Security Instruments-Deed of Trust, Mortgage
Right of Redemption-No
Deficiency Judgments-Varies
Time Frame-Usually 90 days

California
Judicial Foreclosure-Sometimes
Non-Judicial Foreclosure-Yes, most common
Security Instruments-Deed of Trust, Mortgage
Right of Redemption-Yes, judicial foreclosure only
Deficiency Judgments-Yes, judicial foreclosure only
Time Frame-111 days or more

New York
Judicial Foreclosure-Yes
Non-Judicial Foreclosure-Yes, but almost never used
Security Instruments-Deed of Trust, Mortgage
Right of Redemption-No
Deficiency Judgments-Yes
Time Frame-Usually 12-19 months

Nevada
Judicial Foreclosure-Sometimes
Non-Judicial Foreclosure-Yes, most common
Security Instruments-Deed of Trust, Mortgage
Right of Redemption-judicial foreclosure only
Deficiency Judgments-Yes
Time Frame-Usually 120 days

Pennsylvania
Judicial Foreclosure-Yes
Non-Judicial Foreclosure-No
Security Instruments-Mortgage
Right of Redemption-No
Deficiency Judgment-Yes
Time Frame-Usually 90 days

Tags: Bankruptcy, fixed loan, fixed mortgage, interest rate reduction, Josh Harmon, Joshua L. Harmon, las vegas loan modification attorney, Law Office of Josh Harmon, Law Office of Joshua L. Harmon, lawsuit, loan mod, Loan Modification, loan modifications, loan restructuring, making home affordable, Mr. Harmon, Nevada State Foreclosure Laws, state foreclosure laws
Posted in Loan Modification | Comments Off

Assembly Bill 149

Saturday, August 1st, 2009

The Foreclosure Mediation Program was established as a result of the Assembly Bill 149, passed on May 29th during the 2009 session of the Nevada Legislature, and going in to effect on July 1st. Its purpose is to address the foreclosure crisis head-on and to help keep Nevada families in their homes.

 

This law establishes a Foreclosure Mediation Program for owner-occupied residential properties that are subject to foreclosure notices – formally known as a Notice of Default and Election to Sell – filed on or after July 1, 2009.

  Mediation is an alternative method to help parties resolve disputes by agreement with the help of trained mediators.

 

Form to Request Mediation (Instructions included)

  

Description:

Under Nevada law, the program is open to homeowners of owner-occupied houses who receive foreclosure notices (formally titled Notice of Default and Election to Sell) that were filed on or after July 1, 2009.  Persons who received foreclosure notices filed before that date may join the mediation program only if their lenders agree.  If you received a foreclosure notice filed before July 1, 2009, do not submit this form unless your lender has already agreed to participate.

 

---

 

 
Assembly Bill No. 149–Assemblymen Buckley, Oceguera, Conklin,

Leslie, Smith; Aizley, Anderson, Atkinson, Bobzien,

Claborn, Denis, Dondero Loop, Goicoechea, Grady,

Hambrick, Hardy, Hogan, Horne, Kihuen, Kirkpatrick,

Koivisto, Manendo, Mastroluca, McClain, Munford,

Ohrenschall, Parnell, Pierce, Segerblom, Settelmeyer,

Spiegel and Stewart

Joint Sponsors: Senators Horsford; and Coffin

CHAPTER……….

AN ACT relating to real property; revising provisions governing

foreclosures on property; providing for mediation under

certain circumstances; providing for the imposition of a fee

for mediation; and providing other matters properly relating

thereto.

 
Legislative Counsel’s Digest:

 
 

 
Existing law sets forth procedures governing foreclosures on real property upon

default. A trustee under a deed of trust has the power to sell the property to which

the deed of trust applies, subject to certain restrictions. (NRS 107.080, 107.085)

 
Section 1

sale with respect to owner-occupied housing by providing a grantor of a deed of

trust or the person who holds the title of record with the right to request mediation

under which he may receive a loan modification. Once mediation is requested, no

further action may be taken to exercise the power of sale until the completion of the

mediation. Each mediation must be conducted by a senior justice, judge, hearing

master or other designee pursuant to rules adopted by the Nevada Supreme Court,

and a fee of not more than $85 per hour may be charged and collected for the

mediation.

respect to owner-occupied housing by revising the period in which a deficiency in

performance or payment under the trust agreement may be made good before the

trustee may exercise that power. Similarly,

the trustee’s power of sale with respect to owner-occupied housing by revising the

manner in which service of notice that a person is in danger of losing his home

must be made. In addition,

Court to adopt rules providing for voluntary mediation with respect to a

homeowner who is not in default but is at risk of default.

 
 

of this bill establishes additional restrictions on the trustee’s power of
Section 2 of this bill also restricts the trustee’s power of sale withsection 3 of this bill restrictssection 4 of this bill authorizes the Nevada Supreme

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1.

thereto a new section to read as follows:

Chapter 107 of NRS is hereby amended by adding

. In addition to the requirements of NRS 107.085, the

exercise of the power of sale pursuant to NRS 107.080 with respect
– 2 –
-
to any trust agreement which concerns owner-occupied housing is

subject to the provisions of this section.

. The trustee shall not exercise a power of sale pursuant to

NRS 107.080 unless the trustee:

(a) Includes with the notice of default and election to sell

which is mailed to the grantor or the person who holds the title of

record as required by subsection 3 of NRS 107.080:

(1) Contact information which the grantor or the person

who holds the title of record may use to reach a person with

authority to negotiate a loan modification on behalf of the

beneficiary of the deed of trust;

(2) Contact information for at least one local housing

counseling agency approved by the United States Department of

Housing and Urban Development; and

(3) A form upon which the grantor or the person who holds

the title of record may indicate his election to enter into mediation

or to waive mediation and one envelope addressed to the trustee

and one envelope addressed to the Mediation Administrator,

which the grantor or the person who holds the title of record may

use to comply with the provisions of subsection 3;

(b) Serves a copy of the notice upon the Mediation

Administrator; and

(c) Causes to be recorded in the office of the recorder of the

county in which the trust property, or some part thereof, is

situated:

(1) The certificate provided to the trustee by the Mediation

Administrator pursuant to subsection 3 or 6 which provides that

no mediation is required in the matter; or

(2) The certificate provided to the trustee by the Mediation

Administrator pursuant to subsection 7 which provides that

mediation has been completed in the matter.

. The grantor or the person who holds the title of record

shall, not later than 30 days after service of the notice upon him in

the manner required by NRS 107.080, complete the form required

by subparagraph (3) of paragraph (a) of subsection 2 and return

the form to the trustee by certified mail, return receipt requested.

If the grantor or the person who holds the title of record indicates

on the form his election to enter into mediation, the trustee shall

notify the beneficiary of the deed of trust and every other person

with an interest as defined in NRS 107.090, by certified mail,

return receipt requested, of the election of the grantor or the

person who holds the title of record to enter into mediation and

file the form with the Mediation Administrator, who shall assign
– 3 –
-
the matter to a senior justice, judge, hearing master or other

designee and schedule the matter for mediation. No further action

may be taken to exercise the power of sale until the completion of

the mediation. If the grantor or the person who holds the title of

record indicates on the form his election to waive mediation or

fails to return the form to the trustee as required by this

subsection, the trustee shall execute an affidavit attesting to that

fact under penalty of perjury and serve a copy of the affidavit,

together with the waiver of mediation by the grantor or the person

who holds the title of record, or proof of service on the grantor or

the person who holds the title of record of the notice required by

subsection 2 of this section and subsection 3 of NRS 107.080,

upon the Mediation Administrator. Upon receipt of the affidavit

and the waiver or proof of service, the Mediation Administrator

shall provide to the trustee a certificate which provides that no

mediation is required in the matter.

. Each mediation required by this section must be conducted

by a senior justice, judge, hearing master or other designee

pursuant to the rules adopted pursuant to subsection 8. The

beneficiary of the deed of trust or his representative shall attend

the mediation. The grantor or his representative shall attend the

mediation if the grantor elected to enter into mediation, or the

person who holds the title of record or his representative shall

attend the mediation if the person who holds the title of record

elected to enter into mediation. The beneficiary of the deed of trust

shall bring to the mediation the original or a certified copy of the

deed of trust, the mortgage note and each assignment of the deed

of trust or mortgage note. If the beneficiary of the deed of trust is

represented at the mediation by another person, that person must

have authority to negotiate a loan modification on behalf of the

beneficiary of the deed of trust or have access at all times during

the mediation to a person with such authority.

. If the beneficiary of the deed of trust or his representative

fails to attend the mediation, fails to participate in the mediation in

good faith or does not bring to the mediation each document

required by subsection 4 or does not have the authority or access

to a person with the authority required by subsection 4, the

mediator shall prepare and submit to the Mediation Administrator

a petition and recommendation concerning the imposition of

sanctions against the beneficiary of the deed of trust or his

representative. The court may issue an order imposing such

sanctions against the beneficiary of the deed of trust or his

representative as the court determines appropriate, including,
– 4 –
-
without limitation, requiring a loan modification in the manner

determined proper by the court.

. If the grantor or the person who holds the title of record

elected to enter into mediation and fails to attend the mediation,

the Mediation Administrator shall provide to the trustee a

certificate which states that no mediation is required in the matter.

. If the mediator determines that the parties, while acting in

good faith, are not able to agree to a loan modification, the

mediator shall prepare and submit to the Mediation Administrator

a recommendation that the matter be terminated. The Mediation

Administrator shall provide to the trustee a certificate which

provides that the mediation required by this section has been

completed in the matter.

. The Supreme Court shall adopt rules necessary to carry

out the provisions of this section. The rules must, without

limitation, include provisions:

(a) Designating an entity to serve as the Mediation

Administrator pursuant to this section. The entities that may be so

designated include, without limitation, the Administrative Office

of the Courts, the District Court of the county in which the

property is situated or any other judicial entity.

(b) Ensuring that mediations occur in an orderly and timely

manner.

(c) Requiring each party to a mediation to provide such

information as the mediator determines necessary.

(d) Establishing procedures to protect the mediation process

from abuse and to ensure that each party to the mediation acts in

good faith.

(e) Establishing a total fee of not more than $400 that may be

charged and collected by the Mediation Administrator for

mediation services pursuant to this section and providing that the

responsibility for payment of the fee must be shared equally by the

parties to the mediation.

. Except as otherwise provided in subsection 11, the

provisions of this section do not apply if:

(a) The grantor or the person who holds the title of record has

surrendered the property, as evidenced by a letter confirming the

surrender or delivery of the keys to the property to the trustee, the

beneficiary of the deed of trust or the mortgagee, or an authorized

agent thereof; or

(b) A petition in bankruptcy has been filed with respect to the

grantor or the person who holds the title of record under chapter

, 11, 12 or 13 of Title 11 of the United States Code and the
– 5 –
-
bankruptcy court has not entered an order closing or dismissing

the case or granting relief from a stay of foreclosure.

. A noncommercial lender is not excluded from the

application of this section.

. The Mediation Administrator and each mediator who acts

pursuant to this section in good faith and without gross negligence

is immune from civil liability for those acts.

. As used in this section:

(a) “Mediation Administrator” means the entity so designated

pursuant to subsection 8.

(b) “Noncommercial lender” means a lender which makes a

loan secured by a deed of trust on owner-occupied housing and

which is not a bank, financial institution or other entity regulated

pursuant to title 55 or 56 of NRS.

(c) “Owner-occupied housing” means housing that is occupied

by an owner as his primary residence. The term does not include

any time share or other property regulated under chapter 119A of

NRS.
Sec. 2.

7.080 1. Except as otherwise provided in NRS 107.085,

NRS 107.080 is hereby amended to read as follows:

and section 1 of this act,

property is made after March 29, 1927, to secure the performance of

an obligation or the payment of any debt, a power of sale is hereby

conferred upon the trustee to be exercised after a breach of the

obligation for which the transfer is security.

. The power of sale must not be exercised, however, until:

(a)

case of any trust agreement coming into force:

(1) On or after July 1, 1949, and before July 1, 1957, the

grantor,

of record,

other person who has a subordinate lien or encumbrance of record

on the property

prescribed in subsection 3, failed to make good the deficiency in

performance or payment; or

(2) On or after July 1, 1957, the grantor,

interest,

under a subordinate deed of trust or any other person who has a

subordinate lien or encumbrance of record on the property

if any transfer in trust of any estate in real
[In] Except as otherwise provided in paragraph (b), in the[or his successor in interest,] the person who holds the titlea beneficiary under a subordinate deed of trust or any[,] has , for a period of 15 days, computed as[or his successor in] the person who holds the title of record, a beneficiary[,] has ,

for a period of 35 days, computed as prescribed in subsection 3,

failed to make good the deficiency in performance or payment;

(b)

housing as defined in section 1 of this act, the grantor,

In the case of any trust agreement which concerns owneroccupied

– 6 –
-
the person who holds the title of record, a beneficiary under a

subordinate deed of trust or any other person who has a

subordinate lien or encumbrance of record on the property has,

for a period that commences in the manner and subject to the

requirements described in subsection 3 and expires 5 days before

the date of sale, failed to make good the deficiency in performance

or payment;

(c)

or the trustee first executes and causes to be recorded in the office of

the recorder of the county wherein the trust property, or some part

thereof, is situated a notice of the breach and of his election to sell

or cause to be sold the property to satisfy the obligation; and

The beneficiary, the successor in interest of the beneficiary

[

of the notice.

. The 15- or 35-day period provided in paragraph (a) of

subsection 2

subsection 2,

which the notice of default and election to sell is recorded in the

office of the county recorder of the county in which the property is

located and a copy of the notice of default and election to sell is

mailed by registered or certified mail, return receipt requested and

with postage prepaid to the grantor

holds the title of record on the date the notice of default and election

to sell is recorded, at

known, otherwise to the address of the trust property. The notice of

default and election to sell must describe the deficiency in

performance or payment and may contain a notice of intent to

declare the entire unpaid balance due if acceleration is permitted by

the obligation secured by the deed of trust, but acceleration must not

occur if the deficiency in performance or payment is made good and

any costs, fees and expenses incident to the preparation or

recordation of the notice and incident to the making good of the

deficiency in performance or payment are paid within the time

specified in subsection 2.

. The trustee, or other person authorized to make the sale

under the terms of the trust deed or transfer in trust, shall, after

expiration of the 3-month period following the recording of the

notice of breach and election to sell, and before the making of

the sale, give notice of the time and place thereof by recording the

notice of sale and by:

(a) Providing the notice to each trustor and any other person

entitled to notice pursuant to this section by personal service or by

mailing the notice by registered or certified mail to the last known

(c)
] (d) Not less than 3 months have elapsed after the recording, or the period provided in paragraph (b) ofcommences on the first day following the day upon[, and] or to the person who[their respective addresses,] his address, if

– 7 –
-
address of the trustor and any other person entitled to such notice

pursuant to this section;

(b) Posting a similar notice particularly describing the property,

for 20 days successively, in three public places of the township or

city where the property is situated and where the property is to be

sold; and

(c) Publishing a copy of the notice three times, once each week

for 3 consecutive weeks, in a newspaper of general circulation in the

county where the property is situated.

. Every sale made under the provisions of this section and

other sections of this chapter vests in the purchaser the title of the

grantor and his successors in interest without equity or right of

redemption. A sale made pursuant to this section may be declared

void by any court of competent jurisdiction in the county where the

sale took place if:

(a) The trustee or other person authorized to make the sale does

not substantially comply with the provisions of this section

any applicable provision of section 1 of this act;

[;] or

(b) Except as otherwise provided in subsection 6, an action is

commenced in the county where the sale took place within 90 days

after the date of the sale; and

(c) A notice of lis pendens providing notice of the pendency of

the action is recorded in the office of the county recorder of the

county where the sale took place within 30 days after

commencement of the action.

. If proper notice is not provided pursuant to subsection 3 or

paragraph (a) of subsection 4 to the grantor, to the person who holds

the title of record on the date the notice of default and election to

sell is recorded, to each trustor or to any other person entitled to

such notice, the person who did not receive such proper notice may

commence an action pursuant to subsection 5 within 120 days after

the date on which the person received actual notice of the sale.

. The sale of a lease of a dwelling unit of a cooperative

housing corporation vests in the purchaser title to the shares in the

corporation which accompany the lease.
Sec. 3.

7.085 1. With regard to a transfer in trust of an estate in

real property to secure the performance of an obligation or the

payment of a debt, the provisions of this section apply to the

exercise of a power of sale pursuant to NRS 107.080 only if:

(a) The trust agreement becomes effective on or after October 1,

03

NRS 107.085 is hereby amended to read as follows:
[; and

– 8 –
-
(b) On

agreement is subject to the provisions of § 152 of the Home

Ownership and Equity Protection Act of 1994, 15 U.S.C. §

02(aa), and the regulations adopted by the Board of Governors of

the Federal Reserve System pursuant thereto, including, without

limitation, 12 C.F.R. § 226.32

(b) The trust agreement concerns owner-occupied housing as

defined in section 1 of this act.

] , and, on the date the trust agreement is made, the trust[.] ; or

. The trustee shall not exercise a power of sale pursuant to

NRS 107.080 unless:

(a) In the manner required by subsection 3, not later than 60

days before the date of the sale, the trustee causes to be served upon

the grantor

the form described in subsection 3; and

(b) If an action is filed in a court of competent jurisdiction

claiming an unfair lending practice in connection with the trust

agreement, the date of the sale is not less than 30 days after the date

the most recent such action is filed.

. The notice described in subsection 2 must be:

(a) Served upon the grantor

record:

(1) Except as otherwise provided in subparagraph (2),

personal service or, if personal service cannot be timely effected, in

such other manner as a court determines is reasonably calculated to

afford notice to the grantor

record; or

(2) If the trust agreement concerns owner-occupied

housing as defined in section 1 of this act:

(I) By personal service;

(II) If the grantor or the person who holds the title of

record is absent from his place of residence or from his usual

place of business, by leaving a copy with a person of suitable age

and discretion at either place and mailing a copy to the grantor or

the person who holds the title of record at his place of residence or

place of business; or

(III) If the place of residence or business cannot be

ascertained, or a person of suitable age or discretion cannot be

found there, by posting a copy in a conspicuous place on the trust

property, delivering a copy to a person there residing if the person

can be found and mailing a copy to the grantor or the person who

holds the title of record at the place where the trust property is

situated;

or the person who holds the title of record a notice inor the person who holds the title ofby[;] or the person who holds the title ofand

– 9 –
-
(b) In substantially the following form, with the applicable

telephone numbers and mailing addresses provided on the notice

and a copy of the promissory note attached to the notice:

NOTICE

YOU ARE IN DANGER OF LOSING YOUR HOME!

Your home loan is being foreclosed. In

home will be sold and you will be forced to move. For help, call:

Consumer Credit Counseling _______________

The Attorney General __________________

The Division of Financial Institutions ________________

Legal Services ______________________

Your Lender ___________________

Nevada Fair Housing Center ________________

. This section does not prohibit a judicial foreclosure.

. As used in this section, “unfair lending practice” means an

unfair lending practice described in NRS 598D.010 to 598D.150,

inclusive.

not less than 60 days your

Sec. 3.5.

7.095 1. The notice of default required by NRS 107.080

must also be sent by registered or certified mail, return receipt

requested and with postage prepaid, to each guarantor or surety of

the debt. If the address of the guarantor or surety is unknown, the

notice must be sent to the address of the trust property. Failure to

give the notice, except as otherwise provided in subsection 3,

releases the guarantor or surety from his obligation to the

beneficiary, but does not affect the validity of a sale conducted

pursuant to NRS 107.080

surety to whom the notice was properly given.

. Failure to give the notice of default required by NRS

7.090, except as otherwise provided in subsection 3, releases the

obligation to the beneficiary of any person who has complied with

NRS 107.090 and who is or may otherwise be held liable for the

debt or other obligation secured by the deed of trust, but such a

failure does not affect the validity of a sale conducted pursuant to

NRS 107.080

notice was properly given pursuant to this section or to NRS

7.080 or 107.090.

. A guarantor, surety or other obligor is not released pursuant

to this section if:

NRS 107.095 is hereby amended to read as follows:
[nor] or the obligation of any guarantor or[nor] or the obligation of any person to whom the

– 10 –
-
(a) The required notice is given at least 15 days before the later

of:

(1) The expiration of the 15- or 35-day period described in
paragraph (a) of subsection 2 of

NRS 107.080;
[or]

(2)

owner-occupied housing as defined in section 1 of this act, the

expiration of the period described in paragraph (b) of subsection 2

of NRS 107.080; or

(3)

beneficiary; or

(b) The notice is rescinded before the sale is advertised.

In the case of any trust agreement which concernsAny extension of [that] the applicable period by the

Sec. 4.

a new section to read as follows:

Chapter 2 of NRS is hereby amended by adding thereto

The Supreme Court may adopt rules providing for voluntary

mediation with respect to a homeowner who is not in default but is

at risk of default.
Sec. 5.

9.646 1. A person who, without participating in the

management of a parcel of real property, holds or is the beneficiary

of evidence of title to the property primarily to protect a security

interest in the property is not a responsible party with respect to a

release of a hazardous substance on the property if:

(a) The owner of the property is relieved from liability under

NRS 459.610 to 459.658, inclusive, with respect to the release;

(b) The owner or holder of evidence of title did not cause the

release; and

(c) The owner or holder of evidence of title does not participate

actively in decisions concerning hazardous substances on the

property.

. A lender to a prospective purchaser who has filed an

application to participate in the program pursuant to NRS 459.634

or a lender who forecloses his security interest in property pursuant

to NRS 40.430 to 40.450, inclusive, or 107.080 to 107.100,

inclusive,

after the foreclosure, not to exceed 2 years, sells, transfers or

conveys the property to a prospective purchaser who has filed an

application to participate in the program pursuant to NRS 459.634 is

not a responsible party solely as a result of:

(a) Foreclosing a security interest in the property; or

(b) Making a loan to the prospective purchaser if the loan:

(1) Is to be used for acquiring property or removing or

remediating hazardous substances on property; and

NRS 459.646 is hereby amended to read as follows:
and section 1 of this act, and within a reasonable period

– 11 –
-
(2) Is secured by the property that is to be acquired or on

which is located the hazardous substances that are to be removed or

remediated.
Sec. 5.5.

agreements which concern owner-occupied housing, as defined in

section 1 of this act, apply only with respect to such agreements for

which a notice of default is recorded on or after July 1, 2009.

The amendatory provisions of this act governing trust

Sec. 5.7.

contrary and in recognition of the emergency situation confronting

this State concerning mortgage foreclosures and the need to

implement the provisions of this act quickly, any rules adopted by

the Supreme Court pursuant to subsection 8 of section 1 of this act

take effect on the date specified by the Supreme Court in the order

adopting the rules, which in no event may be less than 30 days after

entry of the order.

Notwithstanding any provision of NRS 2.120 to the

Sec. 6.

This act becomes effective on July 1, 2009.

~~~~~ 09

Tags: Assembly Bill, Assembly Bill 149, Assembly Bill 152, Bankruptcy, fixed loan, fixed mortgage, interest rate reduction, Josh Harmon, Joshua L. Harmon, Law Firm, Law Office of Josh Harmon, Law Office of Joshua L. Harmon, lawsuit, legal representation, Litigation, loan mod, Loan Modification, loan modifications, loan restructuring, making home affordable, Mr. Harmon, principle reduction, short sale
Posted in Loan Modification | Comments Off

FAQ LOAN MOD

Saturday, August 1st, 2009

This section is for frequently asked questions related to loan modifications. Please feel free to browse some of the most common questions we encounter when assisting people who are burdened with troublesome mortgages.

Tags: Bankruptcy, faqs, felonies, fixed loan, fixed mortgage, interest rate reduction, las vegas loan mod, las vegas loan modification, loan mod, Loan Modification, loan modifications, loan restructuring, making home affordable, principle reduction, short sale
Posted in Loan Modification | Comments Off