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	<title>Texas Bankruptcy Lawyer &#187; Consumer Law News</title>
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		<title>Consumer Lawsuits Against Bill Collectors Skyrocket</title>
		<link>http://www.texasbankruptcylawyer.com/consumer_law_news/consumer-lawsuits-against-bill-collectors-skyrocket/</link>
		<comments>http://www.texasbankruptcylawyer.com/consumer_law_news/consumer-lawsuits-against-bill-collectors-skyrocket/#comments</comments>
		<pubDate>Tue, 06 Jul 2010 17:49:52 +0000</pubDate>
		<dc:creator>Robert A. Kraft</dc:creator>
				<category><![CDATA[Consumer Law News]]></category>

		<guid isPermaLink="false">http://www.texasbankruptcylawyer.com/?p=541</guid>
		<description><![CDATA[McClatchy reports, &#8220;Since the recession hit in 2007, federal lawsuits filed under the Fair Debt Collection Practices Act have more than doubled, while complaints about problem collectors have skyrocketed.&#8221; Attorney Sergei Lemberg, whose &#8220;firm has filed about 1,500 such lawsuits in the past three years,&#8221; said, &#8220;I think debt collectors have become more aggressive by [...]]]></description>
			<content:encoded><![CDATA[<p><a style="color: #0e4d96; text-decoration: underline;" href="http://mailview.custombriefings.com/mailview.aspx?m=2010070201aaj&amp;r=3913854-4347&amp;l=016-554&amp;t=c"><span style="text-decoration: underline;">McClatchy</span></a> reports, &#8220;Since the recession hit in 2007, federal lawsuits filed under the Fair Debt Collection Practices Act have more than doubled, while complaints about problem collectors have skyrocketed.&#8221; Attorney Sergei Lemberg, whose &#8220;firm has filed about 1,500 such lawsuits in the past three years,&#8221; said, &#8220;I think debt collectors have become more aggressive by necessity because folks just have less money.&#8221; He added, &#8220;And consumers are more likely to think legal when they&#8217;re being cornered.&#8221; Jack Gordon, the president of WebRecon, &#8220;a website that tracks&#8230;filings for the collections industry,&#8221; said that &#8220;the spike in lawsuits&#8221; is linked to internet ads from plaintiffs&#8217; lawyers. Gordon said that &#8220;costs are an even bigger driver in the lawsuit surge,&#8221; as it&#8217;s often &#8220;cheaper for collection agencies to settle rather than fight a case.&#8221;</p>
<p>From the American Association for Justice press release.</p>
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		<title>Fed Adopts Rules to Protect Credit Card Customers</title>
		<link>http://www.texasbankruptcylawyer.com/consumer_law_news/fed-adopts-rules-to-protect-credit-card-customers/</link>
		<comments>http://www.texasbankruptcylawyer.com/consumer_law_news/fed-adopts-rules-to-protect-credit-card-customers/#comments</comments>
		<pubDate>Tue, 29 Jun 2010 13:21:42 +0000</pubDate>
		<dc:creator>Robert A. Kraft</dc:creator>
				<category><![CDATA[Consumer Law News]]></category>

		<guid isPermaLink="false">http://www.texasbankruptcylawyer.com/?p=536</guid>
		<description><![CDATA[The Federal Reserve adopted new rules this month aimed at protecting credit card customers from getting hit by high late payment charges and other penalty fees. The Dallas Morning News ran a good article on the new rules, and here are excerpts:
The rules respond to public and congressional outrage over practices by credit card companies.
They bar [...]]]></description>
			<content:encoded><![CDATA[<p>The <span style="line-height: 20px; font-size: 14px;"><a style="color: #000000; text-decoration: none;" href="http://topics.dallasnews.com/topic/Federal_Reserve">Federal Reserve</a><span> </span>adopted new rules this month aimed at protecting credit card customers from getting hit by high late payment charges and other penalty fees. The <a href="http://www.dallasnews.com/sharedcontent/dws/bus/stories/061610dnbusfedcreditcards.3b0344e.html">Dallas Morning News</a> ran a good article on the new rules, and here are excerpts:</span></p>
<p style="margin-top: 5px; margin-right: 2px; margin-bottom: 13px; margin-left: 1px; line-height: 1.4em; font-size: 1.1em; padding-top: 0px; padding-right: 0px; padding-bottom: 0px; padding-left: 30px;">The rules respond to public and congressional outrage over practices by credit card companies.</p>
<p style="margin-top: 5px; margin-right: 2px; margin-bottom: 13px; margin-left: 1px; line-height: 1.4em; font-size: 1.1em; padding-top: 0px; padding-right: 0px; padding-bottom: 0px; padding-left: 30px;">They bar credit card companies from charging a penalty fee of more than $25 for paying a bill late. They prohibit credit card companies from charging penalty fees that are higher than the dollar amount associated with the customer&#8217;s violation. They also ban so-called &#8220;inactivity&#8221; fees when customers don&#8217;t use the account to make new purchases and they prevent multiple penalty fees on a single late payment.</p>
<p style="margin-top: 5px; margin-right: 2px; margin-bottom: 13px; margin-left: 1px; line-height: 1.4em; font-size: 1.1em; padding-top: 0px; padding-right: 0px; padding-bottom: 0px; padding-left: 30px;">The rules take effect on Aug. 22.</p>
<p style="margin-top: 5px; margin-right: 2px; margin-bottom: 13px; margin-left: 1px; line-height: 1.4em; font-size: 1.1em; padding-top: 0px; padding-right: 0px; padding-bottom: 0px; padding-left: 30px;">In addition, the rules require companies to reconsider interest rates imposed on customers since the start of last year. Some lenders pushed through rate increases ahead of the first phase of sweeping new credit-card protections, which took effect earlier this year. Those first set of rules were designed to protect customers from sudden hikes in interest rates.</p>
<p style="margin-top: 5px; margin-right: 2px; margin-bottom: 13px; margin-left: 1px; line-height: 1.4em; font-size: 1.1em; padding-top: 0px; padding-right: 0px; padding-bottom: 0px; padding-left: 30px;">&#8220;The new rules require that late payment and other penalty fees be assessed in a way that is fairer and generally less costly for consumers,&#8221; said Fed Governor Elizabeth Duke, the central bank&#8217;s point person on the rules. &#8220;Card issuers must also reevaluate recent interest rate increases, and, if appropriate, reduce the rate,&#8221; she added.</p>
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		<title>Underwater Foreclosures Growing in D-FW Area</title>
		<link>http://www.texasbankruptcylawyer.com/mortgage_dispute_topics/underwater-foreclosures-growing-in-d-fw-area/</link>
		<comments>http://www.texasbankruptcylawyer.com/mortgage_dispute_topics/underwater-foreclosures-growing-in-d-fw-area/#comments</comments>
		<pubDate>Fri, 04 Jun 2010 10:12:22 +0000</pubDate>
		<dc:creator>Robert A. Kraft</dc:creator>
				<category><![CDATA[Consumer Law News]]></category>
		<category><![CDATA[Mortgage Dispute Topics]]></category>

		<guid isPermaLink="false">http://www.texasbankruptcylawyer.com/?p=528</guid>
		<description><![CDATA[This recent headline in the Dallas Morning News wasn&#8217;t referring to foreclosures on underwater houses. The topic was foreclosures on houses where the owner was upside-down or &#8220;underwater&#8221; on the mortgage. In other words, the owner owed more on the mortgage than the house was worth on the open market. This is similar to having [...]]]></description>
			<content:encoded><![CDATA[<p>This recent headline in the Dallas Morning News wasn&#8217;t referring to foreclosures on underwater houses. The topic was foreclosures on houses where the owner was upside-down or &#8220;underwater&#8221; on the mortgage. In other words, the owner owed more on the mortgage than the house was worth on the open market. This is similar to having a serious car wreck in a new vehicle — you will frequently owe more on the car note than the vehicle is worth at fair market value. Whether it involves a house or a car, it&#8217;s a bad situation to be in.</p>
<p>More than 20 percent of foreclosure listings thus far in 2010 in the Dallas area were for houses with more debt than the appraised tax value. That&#8217;s a very large increase from the same period in 2009. This is not only a problem for the homeowner, but also for the lender, who usually cannot resell the house for the amount they have invested in the mortgage and other costs.</p>
<p>According to the newspaper, &#8220;Recent studies estimate about 15 percent of all Dallas-area homeowners with mortgages owe more than their house is worth. They either paid too much for the property or, more likely, values have fallen in their neighborhoods due to distressed property sales and high inventories of unsold homes.&#8221;</p>
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		<title>Car Dealers Dodge Financing Oversight</title>
		<link>http://www.texasbankruptcylawyer.com/consumer_law_news/car-dealers-dodge-financing-oversight/</link>
		<comments>http://www.texasbankruptcylawyer.com/consumer_law_news/car-dealers-dodge-financing-oversight/#comments</comments>
		<pubDate>Wed, 26 May 2010 10:19:42 +0000</pubDate>
		<dc:creator>Robert A. Kraft</dc:creator>
				<category><![CDATA[Consumer Law News]]></category>

		<guid isPermaLink="false">http://www.texasbankruptcylawyer.com/?p=519</guid>
		<description><![CDATA[Auto dealers got a big break from Congress this week when the Senate voted to exclude them from the proposed new law creating a consumer finance agency. The vote was non-binding, but was by a large majority of 60-30, and is similar to an exemption in the House version of the finance bill. The exemption [...]]]></description>
			<content:encoded><![CDATA[<p>Auto dealers got a big break from Congress this week when the Senate voted to exclude them from the proposed new law creating a consumer finance agency. The vote was non-binding, but was by a large majority of 60-30, and is similar to an exemption in the House version of the finance bill. The exemption applies to consumer loans for vehicle purchases. Otherwise, the bill will impose strict new regulations on businesses making consumer loans.</p>
<p>This exemption will allow unscrupulous dealers to continue to take advantage of car buyers through the use of high-interest and high-fee loans, but on the other hand it will allow honest dealers to offer more financing options to customers.</p>
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		<title>Dallas-Fort Worth Residents Have Among the Highest Debt and Lowest Credit Scores</title>
		<link>http://www.texasbankruptcylawyer.com/consumer_law_news/dallas-fort-worth-residents-have-among-the-highest-debt-and-lowest-credit-scores/</link>
		<comments>http://www.texasbankruptcylawyer.com/consumer_law_news/dallas-fort-worth-residents-have-among-the-highest-debt-and-lowest-credit-scores/#comments</comments>
		<pubDate>Mon, 17 May 2010 10:33:15 +0000</pubDate>
		<dc:creator>Robert A. Kraft</dc:creator>
				<category><![CDATA[Consumer Law News]]></category>

		<guid isPermaLink="false">http://www.texasbankruptcylawyer.com/?p=513</guid>
		<description><![CDATA[Dallas residents apparently enjoy spending beyond their means more than most of the country does. At least that&#8217;s the appearance given by a recent survey of the 20 largest metropolitan areas done by the Experian credit bureau. As reported in the Dallas Morning News, people in the Dallas and Fort Worth area rank just below [...]]]></description>
			<content:encoded><![CDATA[<p>Dallas residents apparently enjoy spending beyond their means more than most of the country does. At least that&#8217;s the appearance given by a recent survey of the 20 largest metropolitan areas done by the Experian credit bureau. As reported in the <a href="http://www.dallasnews.com/sharedcontent/dws/bus/stories/DN-experian_14bus.ART.State.Edition1.3b81694.html">Dallas Morning News</a>, people in the Dallas and Fort Worth area rank just below Seattle residents in average debt per consumer — not exactly a great honor for us.  And we also tied for lowest average credit score. Here are excerpts from the article:</p>
<p style="padding-left: 30px;">According to Experian, Dallas had an average debt per consumer of $26,599 in March, just behind Seattle&#8217;s $26,646. The average for all consumers nationally was $24,775.</p>
<p style="padding-left: 30px;">&#8220;It&#8217;s not a good thing that it&#8217;s No. 2,&#8221; said Maxine Sweet, vice president of public education at Experian.</p>
<p style="padding-left: 30px;">Experian analyzed a sample of all its credit reports nationwide to calculate national averages and then isolated data from consumers living in the top metro areas to discern local trends. The figures include consumer debt, such as credit cards and car loans, but exclude mortgage debt.</p>
<p style="padding-left: 30px;">The Dallas-Fort Worth area has an average credit score of 719, tied with the Miami-Fort Lauderdale area for the lowest score among the top 20 metropolitan areas, according to Experian.</p>
<p style="padding-left: 30px;">The score used is the VantageScore, which was developed by Experian and the other two credit bureaus, Equifax and TransUnion, and ranges from 501 to 990. The national average is 749.</p>
<p style="padding-left: 30px;">The average debt of Dallas-Fort Worth consumers has been falling in the last two years, but their credit scores are slightly lower, Sweet said.</p>
<p style="padding-left: 30px;">&#8220;That likely means more missed payments and higher utilization,&#8221; she said.</p>
<p style="padding-left: 30px;">The average number of missed loan payments among Dallas-Fort Worth consumers is 0.67.</p>
<p style="padding-left: 30px;">However, the national average is 0.5, Sweet said, adding that the difference is significant.</p>
<p style="padding-left: 30px;">Late payments are the biggest factor in knocking down credit scores.</p>
<p style="padding-left: 30px;">Also critical is the &#8220;credit utilization&#8221; ratio, meaning what percentage of a consumer&#8217;s available credit is being used. The higher the number, the riskier the consumer looks to creditors.</p>
<p style="padding-left: 30px;">Dallas-Fort Worth consumers are using an average of 29.54 percent of their available credit, compared with an average of 28.47 percent nationally, Sweet said.</p>
<p style="padding-left: 30px;">&#8220;It&#8217;s important to look at the whole picture when evaluating how consumers are actually managing their credit,&#8221; she said.</p>
<p style="padding-left: 30px;">&#8220;Seattle ranks the highest in terms of average debt per consumer. However, additional data shows that Seattle&#8217;s consumers have very few late payments and are not maxing out their credit cards, so they are using their credit wisely and maintaining higher credit scores.&#8221;</p>
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		<title>Auto Repo Business Is Hurting In This Down Economy</title>
		<link>http://www.texasbankruptcylawyer.com/consumer_law_news/auto-repo-business-is-hurting-in-this-down-economy/</link>
		<comments>http://www.texasbankruptcylawyer.com/consumer_law_news/auto-repo-business-is-hurting-in-this-down-economy/#comments</comments>
		<pubDate>Thu, 08 Apr 2010 16:46:45 +0000</pubDate>
		<dc:creator>Robert A. Kraft</dc:creator>
				<category><![CDATA[Consumer Law News]]></category>

		<guid isPermaLink="false">http://www.texasbankruptcylawyer.com/?p=497</guid>
		<description><![CDATA[An article today about auto repossession caught my attention. It was in the Dallas Morning News, and made the point that this is a bad time for the vehicle recovery business. I had assumed that with so many people out of work and unable to make their car payments, the repo business would be booming. [...]]]></description>
			<content:encoded><![CDATA[<p>An article today about auto repossession caught my attention. It was in the <a href="http://www.dallasnews.com/sharedcontent/dws/dn/latestnews/stories/040810dnmetrepoman.4054383.html">Dallas Morning News</a>, and made the point that this is a bad time for the vehicle recovery business. I had assumed that with so many people out of work and unable to make their car payments, the repo business would be booming. But apparently the number of car sales is down so much that there aren&#8217;t as many cars to repossess as in recent years. Here are a few snippets from the article:</p>
<p style="padding-left: 30px;">Nationwide, about 1.5 million vehicles are repossessed annually. But the economy has taken a toll.</p>
<p style="padding-left: 30px;">&#8220;We&#8217;re picking up less cars, and a lot of that is because the dealerships are not selling the cars,&#8221; said Mark Summs, president of Summs Skip and Collection service in Virginia and president of National Finance Adjusters, a trade association. &#8220;The repossession business is based on selling cars and a having a good portion of those loans going bad. So if they&#8217;re selling a whole lot less, then there&#8217;s less possibility of it being repossessed.&#8221;</p>
<p style="padding-left: 30px;">•Repossessions can occur any time on any day.</p>
<p style="padding-left: 30px;">•In most cases, no physical force or threats can be used. This includes breaking into a garage.</p>
<p style="padding-left: 30px;">•A vehicle can usually be repossessed from private property.</p>
<p style="padding-left: 30px;">•Lenders are not obligated to grant borrowers a grace period</p>
<p style="padding-left: 30px;">•Like most states – California, Florida and South Carolina are exceptions – Texas does not license recovery agents or regulate the repo industry. Although there are rules regarding the overall towing business, anyone with a working tow truck could hold act as a repo agent.</p>
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		<title>More Than 10% of Texas Homeowners Behind on Mortgage Payments</title>
		<link>http://www.texasbankruptcylawyer.com/mortgage_dispute_topics/more-than-10-of-texas-homeowners-behind-on-mortgage-payments/</link>
		<comments>http://www.texasbankruptcylawyer.com/mortgage_dispute_topics/more-than-10-of-texas-homeowners-behind-on-mortgage-payments/#comments</comments>
		<pubDate>Mon, 15 Mar 2010 10:57:18 +0000</pubDate>
		<dc:creator>Robert A. Kraft</dc:creator>
				<category><![CDATA[Consumer Law News]]></category>
		<category><![CDATA[Mortgage Dispute Topics]]></category>

		<guid isPermaLink="false">http://www.texasbankruptcylawyer.com/?p=451</guid>
		<description><![CDATA[More than one in ten Texas homeowners with mortgages are behind in their payments, according to the Dallas Morning News. Texas’ mortgage delinquency rate is now just slightly behind the national average of 10.44 percent. Texas ranks 18th nationally among the states with the highest percentage of late home loans. The article states that &#8220;The number [...]]]></description>
			<content:encoded><![CDATA[<p>More than one in ten Texas homeowners with mortgages are behind in their payments, according to the <a href="http://www.dallasnews.com/sharedcontent/dws/dn/latestnews/stories/022010dnbusforeclosures.fbffe1.html">Dallas Morning News</a>. Texas’ mortgage delinquency rate is now just slightly behind the national average of 10.44 percent. Texas ranks 18th nationally among the states with the highest percentage of late home loans. The article states that &#8220;The number of homes going through foreclosure slowed in 2009 because of the large number of home mortgage modification programs designed to help troubled borrowers. But foreclosure filings remain high – reaching a record of almost 61,000 in North Texas last year.&#8221;</p>
<p>If you have questions about foreclosure, please contact our law firm. We&#8217;ll be glad to visit with you.</p>
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		<title>Dallas-Fort Worth Foreclosure Rate May Be Artificially Low</title>
		<link>http://www.texasbankruptcylawyer.com/mortgage_dispute_topics/dallas-fort-worth-foreclosure-rate-may-be-artificially-low/</link>
		<comments>http://www.texasbankruptcylawyer.com/mortgage_dispute_topics/dallas-fort-worth-foreclosure-rate-may-be-artificially-low/#comments</comments>
		<pubDate>Thu, 11 Mar 2010 16:19:29 +0000</pubDate>
		<dc:creator>Robert A. Kraft</dc:creator>
				<category><![CDATA[Consumer Law News]]></category>
		<category><![CDATA[Mortgage Dispute Topics]]></category>

		<guid isPermaLink="false">http://www.texasbankruptcylawyer.com/?p=444</guid>
		<description><![CDATA[The Dallas Morning News recently ran an interesting and somewhat disturbing article about the decrease in local foreclosures in 2009. The good news is that the number of foreclosures dropped in 2009 from previous years. But the bad news is that this drop may have been artificially induced by strategies employed by financial institutions. Here [...]]]></description>
			<content:encoded><![CDATA[<p>The Dallas Morning News recently ran an interesting and somewhat disturbing article about the decrease in local foreclosures in 2009. The good news is that the number of foreclosures dropped in 2009 from previous years. But the bad news is that this drop may have been artificially induced by strategies employed by financial institutions. Here are excerpts from the article:</p>
<div id="_mcePaste" style="position: absolute; left: -10000px; top: 0px; width: 1px; height: 1px; overflow-x: hidden; overflow-y: hidden;">Dallas-Fort Worth area home foreclosures for 2009 fell to their lowest level in three years.</div>
<div id="_mcePaste" style="position: absolute; left: -10000px; top: 0px; width: 1px; height: 1px; overflow-x: hidden; overflow-y: hidden;">But the almost 12 percent drop doesn&#8217;t mean that fewer North Texans are threatened with losing their homes.</div>
<div id="_mcePaste" style="position: absolute; left: -10000px; top: 0px; width: 1px; height: 1px; overflow-x: hidden; overflow-y: hidden;">Indeed, the number of D-FW homeowners with a loan in default is at a record high, and foreclosure filings continue to grow.</div>
<div id="_mcePaste" style="position: absolute; left: -10000px; top: 0px; width: 1px; height: 1px; overflow-x: hidden; overflow-y: hidden;">Actual foreclosure sales have fallen, though, because many lenders are negotiating longer with borrowers and delaying foreclosures for months, a close look at the data shows.</div>
<div id="_mcePaste" style="position: absolute; left: -10000px; top: 0px; width: 1px; height: 1px; overflow-x: hidden; overflow-y: hidden;">&#8220;There are an awful lot of problem loans out there that should be foreclosed on and are not,&#8221; said George Roddy, who heads Foreclosure Listing Service of Addison, which tracks foreclosures in 19 Texas counties. &#8220;Perhaps they think if they delay long enough, the situation will work itself out.</div>
<div id="_mcePaste" style="position: absolute; left: -10000px; top: 0px; width: 1px; height: 1px; overflow-x: hidden; overflow-y: hidden;">&#8220;Yes, foreclosures are down, but it&#8217;s artificial.&#8221;</div>
<div id="_mcePaste" style="position: absolute; left: -10000px; top: 0px; width: 1px; height: 1px; overflow-x: hidden; overflow-y: hidden;">Last year, lenders sold 18,637 homes at foreclosure auctions in Dallas, Tarrant, Collin, Denton and Rockwall counties.</div>
<div id="_mcePaste" style="position: absolute; left: -10000px; top: 0px; width: 1px; height: 1px; overflow-x: hidden; overflow-y: hidden;">That&#8217;s down from 21,174 forced sales in 2008 and 19,102 in 2007, according to a Dallas Morning News analysis of Foreclosure Listing Service&#8217;s numbers.</div>
<div id="_mcePaste" style="position: absolute; left: -10000px; top: 0px; width: 1px; height: 1px; overflow-x: hidden; overflow-y: hidden;">More than 65 percent of the loans on foreclosed homes were made between 2005 and 2009. The average loan balance was about $130,000.</div>
<div id="_mcePaste" style="position: absolute; left: -10000px; top: 0px; width: 1px; height: 1px; overflow-x: hidden; overflow-y: hidden;">Neighborhoods in Grand Prairie, Southeast Dallas, McKinney, DeSoto and Frisco led the area in total foreclosures in 2009.</div>
<div id="_mcePaste" style="position: absolute; left: -10000px; top: 0px; width: 1px; height: 1px; overflow-x: hidden; overflow-y: hidden;">Lenders foreclosed on the most local homes in the first quarter of last year – about 5,000. But after a slowdown in the summer months, the fourth quarter saw an increase in forced sales.</div>
<div id="_mcePaste" style="position: absolute; left: -10000px; top: 0px; width: 1px; height: 1px; overflow-x: hidden; overflow-y: hidden;">The number could have been even higher.</div>
<div id="_mcePaste" style="position: absolute; left: -10000px; top: 0px; width: 1px; height: 1px; overflow-x: hidden; overflow-y: hidden;">More than 40 percent of the homes posted for possible foreclosure last year in Dallas-Fort Worth were repeats – cases where the lender delayed taking the property while negotiating with the borrower.</div>
<div id="_mcePaste" style="position: absolute; left: -10000px; top: 0px; width: 1px; height: 1px; overflow-x: hidden; overflow-y: hidden;">Roddy says repeat foreclosure filings slowed in early 2010 but are still high.</div>
<div id="_mcePaste" style="position: absolute; left: -10000px; top: 0px; width: 1px; height: 1px; overflow-x: hidden; overflow-y: hidden;">Along with avoiding the bad publicity from throwing thousands more homeowners out of their houses, lenders postpone taking ownership of the property because it can cost them. By some estimates, it costs a lender $50,000 to foreclose on a home.</div>
<div id="_mcePaste" style="position: absolute; left: -10000px; top: 0px; width: 1px; height: 1px; overflow-x: hidden; overflow-y: hidden;">While analysts worry that there could be a deluge of foreclosures at some point, Scott Norman, president-elect of the Texas Mortgage Bankers Association, doesn&#8217;t expect it.</div>
<div id="_mcePaste" style="position: absolute; left: -10000px; top: 0px; width: 1px; height: 1px; overflow-x: hidden; overflow-y: hidden;">&#8220;It&#8217;s possible that the numbers of foreclosures will rise, but I don&#8217;t think they will spike,&#8221; he said. &#8220;Lenders are trying to exhaust every option they have before foreclosing on a house.&#8221;</div>
<div id="_mcePaste" style="position: absolute; left: -10000px; top: 0px; width: 1px; height: 1px; overflow-x: hidden; overflow-y: hidden;">10% fall behind</div>
<div id="_mcePaste" style="position: absolute; left: -10000px; top: 0px; width: 1px; height: 1px; overflow-x: hidden; overflow-y: hidden;">Recent reports showed that the ratio of Texans behind on their mortgage payments has risen to more than 10 percent for the first time.</div>
<div id="_mcePaste" style="position: absolute; left: -10000px; top: 0px; width: 1px; height: 1px; overflow-x: hidden; overflow-y: hidden;">In the Dallas-Fort Worth area, about 6 percent of homeowners with loans at the end of 2009 had missed three consecutive mortgage payments.</div>
<div id="_mcePaste" style="position: absolute; left: -10000px; top: 0px; width: 1px; height: 1px; overflow-x: hidden; overflow-y: hidden;">Even in cases where borrowers are that far behind, many mortgage companies – spurred by government programs – are attempting to modify the debt and avoid foreclosure.</div>
<div id="_mcePaste" style="position: absolute; left: -10000px; top: 0px; width: 1px; height: 1px; overflow-x: hidden; overflow-y: hidden;">Such forbearance wasn&#8217;t the norm during the last big housing sector shakeout in Texas in the late 1980s and early 1990s.</div>
<div id="_mcePaste" style="position: absolute; left: -10000px; top: 0px; width: 1px; height: 1px; overflow-x: hidden; overflow-y: hidden;">Real estate analysts are hoping that the more moderate approach in this cycle will dampen the impact of reselling foreclosed homes.</div>
<div id="_mcePaste" style="position: absolute; left: -10000px; top: 0px; width: 1px; height: 1px; overflow-x: hidden; overflow-y: hidden;">Dr. James Gaines, an economist with the Real Estate Center at Texas A&amp;M University, said it&#8217;s &#8220;a good thing if the lenders manage to stagger the foreclosures rather than dumping thousands of properties on the market at once – that doesn&#8217;t do anybody any good,&#8221; he said.</div>
<div id="_mcePaste" style="position: absolute; left: -10000px; top: 0px; width: 1px; height: 1px; overflow-x: hidden; overflow-y: hidden;">&#8220;So far the market has been able to absorb most of the foreclosures.&#8221;</div>
<div id="_mcePaste" style="position: absolute; left: -10000px; top: 0px; width: 1px; height: 1px; overflow-x: hidden; overflow-y: hidden;">The potential for increased lender foreclosures is one of the clouds hanging over the local housing market, said D&#8217;Ann Petersen, business economist with the Federal Reserve Bank of Dallas.</div>
<div id="_mcePaste" style="position: absolute; left: -10000px; top: 0px; width: 1px; height: 1px; overflow-x: hidden; overflow-y: hidden;">&#8220;Hopefully the lender programs will work, and a majority of homeowners will be able to stay in their homes,&#8221; she said. &#8220;A sudden and steep increase in forced sales could swell the housing inventory and put downward pressure on home values.&#8221;</div>
<div id="_mcePaste" style="position: absolute; left: -10000px; top: 0px; width: 1px; height: 1px; overflow-x: hidden; overflow-y: hidden;">Lower impact</div>
<div id="_mcePaste" style="position: absolute; left: -10000px; top: 0px; width: 1px; height: 1px; overflow-x: hidden; overflow-y: hidden;">So far, the impact of foreclosures on home values in North Texas has been less than expected.</div>
<div id="_mcePaste" style="position: absolute; left: -10000px; top: 0px; width: 1px; height: 1px; overflow-x: hidden; overflow-y: hidden;">In all of 2009, the median price of homes sold through the Realtors&#8217; Multiple Listing Service was flat compared with 2008.</div>
<div id="_mcePaste" style="position: absolute; left: -10000px; top: 0px; width: 1px; height: 1px; overflow-x: hidden; overflow-y: hidden;">In the last two months, the benchmark S&amp;P/Case-Shiller Home Price Index has recorded modest increases in D-FW residential values.</div>
<div id="_mcePaste" style="position: absolute; left: -10000px; top: 0px; width: 1px; height: 1px; overflow-x: hidden; overflow-y: hidden;">The discounts on foreclosed homes sold in the D-FW area have been substantially lower than in the late 1980s, when &#8220;we regularly saw 40 to 50 percent write-downs in values,&#8221; Roddy said.</div>
<div id="_mcePaste" style="position: absolute; left: -10000px; top: 0px; width: 1px; height: 1px; overflow-x: hidden; overflow-y: hidden;">But statewide, the inventory of foreclosed homes available for resale has increased more than 25 percent in recent months, he said.</div>
<div id="_mcePaste" style="position: absolute; left: -10000px; top: 0px; width: 1px; height: 1px; overflow-x: hidden; overflow-y: hidden;">Almost 40 percent of the residential real estate sold in North Texas the last quarter was foreclosed or distressed properties, according to a recent study by Clear Capital.</div>
<div id="_mcePaste" style="position: absolute; left: -10000px; top: 0px; width: 1px; height: 1px; overflow-x: hidden; overflow-y: hidden;">&#8220;In some neighborhoods, up to 60 percent of the home sales are foreclosures,&#8221; Roddy said.</div>
<div id="_mcePaste" style="position: absolute; left: -10000px; top: 0px; width: 1px; height: 1px; overflow-x: hidden; overflow-y: hidden;">So far, there&#8217;s no indication that foreclosure filings and home mortgage payment delinquencies will decline in 2010.</div>
<div id="_mcePaste" style="position: absolute; left: -10000px; top: 0px; width: 1px; height: 1px; overflow-x: hidden; overflow-y: hidden;">So far this year, home foreclosure filings in the D-FW area are up 22 percent from the first quarter of 2009.</div>
<div id="_mcePaste" style="position: absolute; left: -10000px; top: 0px; width: 1px; height: 1px; overflow-x: hidden; overflow-y: hidden;">About 15 percent of Dallas-area homeowners with mortgages owed more than their house was worth at the end of 2009, according to a new report from First American CoreLogic.</div>
<div id="_mcePaste" style="position: absolute; left: -10000px; top: 0px; width: 1px; height: 1px; overflow-x: hidden; overflow-y: hidden;">That makes them much more likely to walk away from their homes if they&#8217;re caught in a cash squeeze.</div>
<div id="_mcePaste" style="position: absolute; left: -10000px; top: 0px; width: 1px; height: 1px; overflow-x: hidden; overflow-y: hidden;">Pain of unemployment</div>
<div id="_mcePaste" style="position: absolute; left: -10000px; top: 0px; width: 1px; height: 1px; overflow-x: hidden; overflow-y: hidden;">Keeping more homeowners in their properties will require job creation, analysts agree.</div>
<div id="_mcePaste" style="position: absolute; left: -10000px; top: 0px; width: 1px; height: 1px; overflow-x: hidden; overflow-y: hidden;">&#8220;Better economic times would certainly help,&#8221; Petersen said.</div>
<div id="_mcePaste" style="position: absolute; left: -10000px; top: 0px; width: 1px; height: 1px; overflow-x: hidden; overflow-y: hidden;">The majority of home foreclosures are now attributed to borrowers losing their jobs or part of their income – not the result of the onerous mortgage provisions that caused most foreclosures a couple of years ago.</div>
<div id="_mcePaste" style="position: absolute; left: -10000px; top: 0px; width: 1px; height: 1px; overflow-x: hidden; overflow-y: hidden;">&#8220;One in three of the unemployed right now are at least six months behind in income,&#8221; said Todd Mark of Consumer Credit Counseling Service, which works with thousands of troubled mortgage holders each month.</div>
<div id="_mcePaste" style="position: absolute; left: -10000px; top: 0px; width: 1px; height: 1px; overflow-x: hidden; overflow-y: hidden;">&#8220;And they are letting their house payments fall behind.&#8221;</div>
<div id="_mcePaste" style="position: absolute; left: -10000px; top: 0px; width: 1px; height: 1px; overflow-x: hidden; overflow-y: hidden;">Mark&#8217;s organization has seen an increase in housing counseling requests since December.</div>
<div id="_mcePaste" style="position: absolute; left: -10000px; top: 0px; width: 1px; height: 1px; overflow-x: hidden; overflow-y: hidden;">&#8220;We&#8217;ve definitely seen a surge in calls over the last 2 ½ months,&#8221; he said.</div>
<div id="_mcePaste" style="position: absolute; left: -10000px; top: 0px; width: 1px; height: 1px; overflow-x: hidden; overflow-y: hidden;">Many mortgage companies are still giving borrowers more time, Mark said.</div>
<div id="_mcePaste" style="position: absolute; left: -10000px; top: 0px; width: 1px; height: 1px; overflow-x: hidden; overflow-y: hidden;">&#8220;Some lenders are letting them stay in their homes six months,&#8221; he said. &#8220;What a stark contrast to what we saw before.</div>
<div id="_mcePaste" style="position: absolute; left: -10000px; top: 0px; width: 1px; height: 1px; overflow-x: hidden; overflow-y: hidden;">&#8220;Maybe property values will have a chance to come back a little bit in the interim,&#8221; Mark said.</div>
<div id="_mcePaste" style="position: absolute; left: -10000px; top: 0px; width: 1px; height: 1px; overflow-x: hidden; overflow-y: hidden;">&#8220;Maybe their employment situation will improve. It&#8217;s buying time for both sides.&#8221;</div>
<p style="padding-left: 30px;">Dallas-Fort Worth area home foreclosures for 2009 fell to their lowest level in three years. But the almost 12 percent drop doesn&#8217;t mean that fewer North Texans are threatened with losing their homes. Indeed, the number of D-FW homeowners with a loan in default is at a record high, and foreclosure filings continue to grow. Actual foreclosure sales have fallen, though, because many lenders are negotiating longer with borrowers and delaying foreclosures for months, a close look at the data shows.</p>
<p style="padding-left: 30px;">&#8220;There are an awful lot of problem loans out there that should be foreclosed on and are not,&#8221; said George Roddy, who heads Foreclosure Listing Service of Addison, which tracks foreclosures in 19 Texas counties. &#8220;Perhaps they think if they delay long enough, the situation will work itself out. &#8221;Yes, foreclosures are down, but it&#8217;s artificial.&#8221;</p>
<p style="padding-left: 30px;">Last year, lenders sold 18,637 homes at foreclosure auctions in Dallas, Tarrant, Collin, Denton and Rockwall counties. That&#8217;s down from 21,174 forced sales in 2008 and 19,102 in 2007, according to a Dallas Morning News analysis of Foreclosure Listing Service&#8217;s numbers. More than 65 percent of the loans on foreclosed homes were made between 2005 and 2009. The average loan balance was about $130,000.</p>
<p style="padding-left: 30px;">Along with avoiding the bad publicity from throwing thousands more homeowners out of their houses, lenders postpone taking ownership of the property because it can cost them. By some estimates, it costs a lender $50,000 to foreclose on a home.</p>
<p style="padding-left: 30px;">Recent reports showed that the ratio of Texans behind on their mortgage payments has risen to more than 10 percent for the first time. In the Dallas-Fort Worth area, about 6 percent of homeowners with loans at the end of 2009 had missed three consecutive mortgage payments. Even in cases where borrowers are that far behind, many mortgage companies – spurred by government programs – are attempting to modify the debt and avoid foreclosure.</p>
<p style="padding-left: 30px;">So far, there&#8217;s no indication that foreclosure filings and home mortgage payment delinquencies will decline in 2010. So far this year, home foreclosure filings in the D-FW area are up 22 percent from the first quarter of 2009. About 15 percent of Dallas-area homeowners with mortgages owed more than their house was worth at the end of 2009, according to a new report from First American CoreLogic. That makes them much more likely to walk away from their homes if they&#8217;re caught in a cash squeeze.</p>
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		<title>Tips for the Suddenly Unemployed</title>
		<link>http://www.texasbankruptcylawyer.com/consumer_law_news/tips-for-the-suddenly-unemployed/</link>
		<comments>http://www.texasbankruptcylawyer.com/consumer_law_news/tips-for-the-suddenly-unemployed/#comments</comments>
		<pubDate>Wed, 10 Mar 2010 18:27:04 +0000</pubDate>
		<dc:creator>Robert A. Kraft</dc:creator>
				<category><![CDATA[Consumer Law News]]></category>

		<guid isPermaLink="false">http://www.texasbankruptcylawyer.com/?p=440</guid>
		<description><![CDATA[As the national economy slowly recovers, jobs are lagging badly. People who have lost their jobs over the past year are still having a difficult time finding new employment. The McClatchy-Tribune News Service recently ran an article with tips for the unemployed. In the article was a list of Web sites that seem helpful.
The threat [...]]]></description>
			<content:encoded><![CDATA[<p>As the national economy slowly recovers, jobs are lagging badly. People who have lost their jobs over the past year are still having a difficult time finding new employment. The McClatchy-Tribune News Service recently ran an article with <a href="http://www.palmbeachpost.com/money/looking-for-a-job-heres-how-to-stand-292878.html?cxtype=ynews_rss">tips for the unemployed</a>. In the article was a list of Web sites that seem helpful.</p>
<p style="margin-top: 0px; margin-right: 0px; margin-bottom: 14px; margin-left: 0px; color: #010101; padding-top: 0px; padding-right: 0px; padding-bottom: 0px; padding-left: 30px;">The threat of job loss continues to remain foremost in the minds of many workers. What steps should a person take once the dreaded pink slip arrives? Several Web sites have several good insights and answers. Here are a few sites with information about how to survive a layoff:</p>
<p style="margin-top: 0px; margin-right: 0px; margin-bottom: 14px; margin-left: 0px; color: #010101; padding-top: 0px; padding-right: 0px; padding-bottom: 0px; padding-left: 30px;">BEST-JOB-INTERVIEW.COM</p>
<p style="margin-top: 0px; margin-right: 0px; margin-bottom: 14px; margin-left: 0px; color: #010101; padding-top: 0px; padding-right: 0px; padding-bottom: 0px; padding-left: 30px;"><a href="www.best-job-interview.com/lay-off-tips.html">www.best-job-interview.com/lay-off-tips.html</a></p>
<ul style="margin-top: 0px; margin-right: 0px; margin-bottom: 14px; margin-left: 0px; list-style-type: disc; list-style-position: inside; list-style-image: initial; padding-top: 0px; padding-right: 0px; padding-bottom: 0px; padding-left: 30px;">
<li style="padding: 0px; margin: 0px;">Discusses coping with the emotional toll of a layoff, taking stock of career goals and networking for a new job.</li>
</ul>
<p style="margin-top: 0px; margin-right: 0px; margin-bottom: 14px; margin-left: 0px; color: #010101; padding-top: 0px; padding-right: 0px; padding-bottom: 0px; padding-left: 30px;">LAYOFF SURVIVAL TIPS</p>
<p style="margin-top: 0px; margin-right: 0px; margin-bottom: 14px; margin-left: 0px; color: #010101; padding-top: 0px; padding-right: 0px; padding-bottom: 0px; padding-left: 30px;"><a href="lay-off-survival-tips.com/2009/10/27/how-to-survive-a-lay-off/">lay-off-survival-tips.com/2009/10/27/how-to-survive-a-lay-off/</a></p>
<ul style="margin-top: 0px; margin-right: 0px; margin-bottom: 14px; margin-left: 0px; list-style-type: disc; list-style-position: inside; list-style-image: initial; padding-top: 0px; padding-right: 0px; padding-bottom: 0px; padding-left: 30px;">
<li style="padding: 0px; margin: 0px;">Offers five key steps for adjusting to a job-loss situation.</li>
</ul>
<p style="margin-top: 0px; margin-right: 0px; margin-bottom: 14px; margin-left: 0px; color: #010101; padding-top: 0px; padding-right: 0px; padding-bottom: 0px; padding-left: 30px;">NATIONAL FOUNDATION FOR CREDIT COUNSELING</p>
<p style="margin-top: 0px; margin-right: 0px; margin-bottom: 14px; margin-left: 0px; color: #010101; padding-top: 0px; padding-right: 0px; padding-bottom: 0px; padding-left: 30px;"><a href="www.nfcc.org/FinancialEducation/consumertips/consumertips_21.cfm">www.nfcc.org/FinancialEducation/consumertips/consumertips_21.cfm</a></p>
<ul style="margin-top: 0px; margin-right: 0px; margin-bottom: 14px; margin-left: 0px; list-style-type: disc; list-style-position: inside; list-style-image: initial; padding-top: 0px; padding-right: 0px; padding-bottom: 0px; padding-left: 30px;">
<li style="padding: 0px; margin: 0px;">Features a useful list of steps to take after a layoff.</li>
</ul>
<p style="margin-top: 0px; margin-right: 0px; margin-bottom: 14px; margin-left: 0px; color: #010101; padding-top: 0px; padding-right: 0px; padding-bottom: 0px; padding-left: 30px;">QUINTESSENTIAL CAREERS</p>
<p style="margin-top: 0px; margin-right: 0px; margin-bottom: 14px; margin-left: 0px; color: #010101; padding-top: 0px; padding-right: 0px; padding-bottom: 0px; padding-left: 30px;"><a href="www.quintcareers.com/layoff_action_steps.html">www.quintcareers.com/layoff_action_steps.html</a></p>
<ul style="margin-top: 0px; margin-right: 0px; margin-bottom: 14px; margin-left: 0px; list-style-type: disc; list-style-position: inside; list-style-image: initial; padding-top: 0px; padding-right: 0px; padding-bottom: 0px; padding-left: 30px;">
<li style="padding: 0px; margin: 0px;">Provide good insights on taking action to prepare for a layoff, and after it occurs.</li>
</ul>
<p style="margin-top: 0px; margin-right: 0px; margin-bottom: 14px; margin-left: 0px; color: #010101; padding-top: 0px; padding-right: 0px; padding-bottom: 0px; padding-left: 30px;">THE UNEMPLOYMENT HANDBOOK</p>
<p style="margin-top: 0px; margin-right: 0px; margin-bottom: 14px; margin-left: 0px; color: #010101; padding-top: 0px; padding-right: 0px; padding-bottom: 0px; padding-left: 30px;"><a href="unemploymenthandbook.com/">unemploymenthandbook.com/</a></p>
<p style="margin-top: 0px; margin-right: 0px; margin-bottom: 14px; margin-left: 0px; color: #010101; padding-top: 0px; padding-right: 0px; padding-bottom: 0px; padding-left: 30px;"><a href="unemployment-articles/just-laid-off-start-here /48-6-immediate-strategies-for-managing-a-sudden-job-lay-off">unemployment-articles/just-laid-off-start-here /48-6-immediate-strategies-for-managing-a-sudden-job-lay-off</a></p>
<ul style="margin-top: 0px; margin-right: 0px; margin-bottom: 14px; margin-left: 0px; list-style-type: disc; list-style-position: inside; list-style-image: initial; padding-top: 0px; padding-right: 0px; padding-bottom: 0px; padding-left: 30px;">
<li style="padding-top: 0px; padding-right: 0px; padding-bottom: 0px; padding-left: 30px; margin: 0px;">Covers actions to take after a layoff, including filing for unemployment and cutting monthly expenses.</li>
</ul>
<p style="margin-top: 0px; margin-right: 0px; margin-bottom: 14px; margin-left: 0px; color: #010101; padding-top: 0px; padding-right: 0px; padding-bottom: 0px; padding-left: 30px;">
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		<title>Obama May Compromise on Consumer Agency to Pass Financial Regulation</title>
		<link>http://www.texasbankruptcylawyer.com/consumer_law_news/obama-may-compromise-on-consumer-agency-to-pass-financial-regulation/</link>
		<comments>http://www.texasbankruptcylawyer.com/consumer_law_news/obama-may-compromise-on-consumer-agency-to-pass-financial-regulation/#comments</comments>
		<pubDate>Mon, 01 Mar 2010 10:22:55 +0000</pubDate>
		<dc:creator>Robert A. Kraft</dc:creator>
				<category><![CDATA[Consumer Law News]]></category>

		<guid isPermaLink="false">http://www.texasbankruptcylawyer.com/?p=434</guid>
		<description><![CDATA[The Obama administration is no longer insisting on the creation of a stand-alone consumer protection agency as a central element of the plan to remake regulation of the financial system, according to an article in the Washington Post. The article is lengthy, but interesting and important. Here are the opening paragraphs:
In hopes of quick congressional [...]]]></description>
			<content:encoded><![CDATA[<p>The Obama administration is no longer insisting on the creation of a stand-alone consumer protection agency as a central element of the plan to remake regulation of the financial system, according to an article in the <a href="http://www.washingtonpost.com/wp-dyn/content/article/2010/02/24/AR2010022405573.html?hpid=topnews">Washington Post</a>. The article is lengthy, but interesting and important. Here are the opening paragraphs:</p>
<p style="padding-left: 30px;">In hopes of quick congressional approval of a reform bill, White House officials are opening the door to compromise with lawmakers concerned about creating a new bureaucracy, according to congressional and some administration sources.</p>
<p style="padding-left: 30px;">President Obama&#8217;s economic team is now open to housing the consumer regulator inside another agency, such as the Treasury Department, though they still prefer a stand-alone agency. In either case, they are insisting on a regulator with political autonomy and real teeth so it can effectively enforce rules designed to protect consumers of mortgages, credit cards and other financial products.</p>
<p style="padding-left: 30px;">The administration may also have to compromise on Obama&#8217;s recent proposal for a rule to limit risky activities at banks by prohibiting them from engaging in many kinds of speculative investments.</p>
<p style="padding-left: 30px;">Treasury officials are preparing to send Capitol Hill a toughly worded measure that would bar banks from making certain investments that benefit only the firms&#8217; bottom line rather than their customers. But there is little support among either Democratic or Republican lawmakers for this proposal, known as the &#8220;Volcker rule,&#8221; and Senate leaders are now closing ranks around legislation that would leave it to banking regulators, rather than the law, to decide which activities to ban.</p>
<p style="padding-left: 30px;">From the start of the Obama presidency, administration officials have made far-reaching financial reform one of their highest priorities, along with overhauling the nation&#8217;s health-care system. Officials have vowed to put in place new rules and regulators to prevent a repeat of the abuses that precipitated the financial crisis.</p>
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		<title>New Credit Card Rules Take Effect Today</title>
		<link>http://www.texasbankruptcylawyer.com/consumer_law_basics/new-credit-card-rules-take-effect-today/</link>
		<comments>http://www.texasbankruptcylawyer.com/consumer_law_basics/new-credit-card-rules-take-effect-today/#comments</comments>
		<pubDate>Mon, 22 Feb 2010 10:48:36 +0000</pubDate>
		<dc:creator>Robert A. Kraft</dc:creator>
				<category><![CDATA[Consumer Law Basics]]></category>
		<category><![CDATA[Consumer Law News]]></category>

		<guid isPermaLink="false">http://www.texasbankruptcylawyer.com/?p=425</guid>
		<description><![CDATA[As many people know, today is the effective date of the largest section of the new federal law regarding credit cards, and especially the parts governing what the credit card companies can do and say. This excellent page of official information is from the government Web site of the Federal Reserve:
The Federal Reserve&#8217;s new rules for [...]]]></description>
			<content:encoded><![CDATA[<p>As many people know, today is the effective date of the largest section of the new federal law regarding credit cards, and especially the parts governing what the credit card companies can do and say. This excellent page of official information is from the government Web site of the <a href="http://www.federalreserve.gov/consumerinfo/wyntk_creditcardrules.htm">Federal Reserve</a>:</p>
<p>The Federal Reserve&#8217;s <a style="text-decoration: underline; color: #4c4c4c;" href="http://www.federalreserve.gov/newsevents/press/bcreg/20100112a.htm" target="_self">new rules for credit card companies</a> mean new credit card protections for you. Here are some key changes you should expect from your credit card company beginning on February 22, 2010.</p>
<h2 style="font-family: Tahoma, Geneva, sans-serif; font-size: 1.6em; font-weight: normal; color: #4c4c4c; border: initial none initial;">What your credit card company has to tell you</h2>
<ul style="list-style-image: url(http://www.federalreserve.gov/gifjpg/wyntk_bullet.gif); margin-top: 0px; margin-right: 0px; margin-bottom: 0px; margin-left: 1.5em; padding-top: 0px; padding-right: 0px; padding-bottom: 0px; padding-left: 1em;">
<li style="margin-bottom: 1.15em;"><strong>When they plan to increase your rate or other fees.</strong> Your credit card company must send you a notice 45 days before they can
<ul style="list-style-image: initial; margin-top: 0.25em; margin-right: 0px; margin-bottom: 2em; margin-left: 2.5em; list-style-type: circle; list-style-position: initial; padding: 0px;">
<li style="margin-bottom: 0px;">increase your interest rate;</li>
<li style="margin-bottom: 0px;">change certain fees (such as annual fees, cash advance fees, and late fees) that apply to your account; or</li>
<li style="margin-bottom: 0px;">make other significant changes to the terms of your card.</li>
</ul>
<p>If your credit card company is going to make changes to the terms of your card, it must give you the option to cancel the card before certain fee increases take effect. If you take that option, however, your credit card company may close your account and increase your monthly payment, subject to certain limitations.</p>
<p>For example, they can require you to pay the balance off in five years, or they can double the percentage of your balance used to calculate your minimum payment (which will result in faster repayment than under the terms of your account).</p>
<p>The company does <strong>not</strong> have to send you a 45-day advance notice if</p>
<ul style="list-style-image: initial; margin-top: 0.25em; margin-right: 0px; margin-bottom: 2em; margin-left: 2.5em; list-style-type: circle; list-style-position: initial; padding: 0px;">
<li style="margin-bottom: 0px;">you have a variable interest rate tied to an index; if the index goes up, the company does not have to provide notice before your rate goes up;</li>
<li style="margin-bottom: 0px;">your introductory rate expires and reverts to the previously disclosed &#8220;go-to&#8221; rate;</li>
<li style="margin-bottom: 0px;">your rate increases because you are in a workout agreement and you haven’t made your payments as agreed.</li>
</ul>
</li>
<li style="margin-bottom: 1.15em;"><strong>How long it will take to pay off your balance.</strong> Your monthly credit card bill will include information on how long it will take you to pay off your balance if you only make minimum payments. It will also tell you how much you would need to pay each month in order to pay off your balance in three years. For example, suppose you owe $3,000 and your interest rate is 14.4%&#8211;your bill might look like this:</li>
</ul>
<table style="margin-right: 0px; margin-top: 1em; margin-bottom: 1em; margin-left: 0px; width: 466px; padding: 0px;" border="0" cellspacing="0" cellpadding="0" summary="This table is for formatting purposes only.">
<tbody>
<tr>
<td style="text-align: left; padding-top: 0.5em; padding-right: 1em; padding-bottom: 0.5em; padding-left: 1em; background-color: #e6f7d5; border: 1px solid white;" scope="row">New balance</td>
<td style="text-align: left; padding-top: 0.5em; padding-right: 1em; padding-bottom: 0.5em; padding-left: 1em; background-color: #e6f7d5; border: 1px solid white;">$3,000.00</td>
</tr>
<tr>
<td style="text-align: left; padding-top: 0.5em; padding-right: 1em; padding-bottom: 0.5em; padding-left: 1em; background-color: #e6f7d5; border: 1px solid white;" scope="row">Minimum payment due</td>
<td style="text-align: left; padding-top: 0.5em; padding-right: 1em; padding-bottom: 0.5em; padding-left: 1em; background-color: #e6f7d5; border: 1px solid white;">$90.00</td>
</tr>
<tr>
<td style="text-align: left; padding-top: 0.5em; padding-right: 1em; padding-bottom: 0.5em; padding-left: 1em; background-color: #e6f7d5; border: 1px solid white;" scope="row">Payment due date</td>
<td style="text-align: left; padding-top: 0.5em; padding-right: 1em; padding-bottom: 0.5em; padding-left: 1em; background-color: #e6f7d5; border: 1px solid white;">4/20/12</td>
</tr>
</tbody>
</table>
<blockquote><p><strong>Late Payment Warning:</strong> If we do not receive your minimum payment by the date listed above, you may have to pay a $35 late fee and your APRs may be increased up to the Penalty APR of 28.99%.</p>
<p><strong>Minimum Payment Warning:</strong> If you make only the minimum payment each period, you will pay more in interest and it will take you longer to pay off your balance. For example:</p></blockquote>
<table style="margin-right: 0px; margin-top: 1em; margin-bottom: 1em; margin-left: 0px; width: 466px; padding: 0px;" border="0" cellspacing="0" cellpadding="0" summary="This table is for formatting purposes only.">
<tbody>
<tr>
<th style="color: #4c6135; text-align: left; font-size: 1em; background-color: #e6f7d5; padding: 0.5em; border: 1px solid white;" scope="row">If you make no additional charges using this card and each month you pay. . .</th>
<th style="color: #4c6135; text-align: left; font-size: 1em; background-color: #e6f7d5; padding: 0.5em; border: 1px solid white;">You will pay off the balance shown on this statement in about. . .</th>
<th style="color: #4c6135; text-align: left; font-size: 1em; background-color: #e6f7d5; padding: 0.5em; border: 1px solid white;">And you will end up paying an estimated total of. . .</th>
</tr>
<tr>
<td style="text-align: left; padding-top: 0.5em; padding-right: 1em; padding-bottom: 0.5em; padding-left: 1em; background-color: #e6f7d5; border: 1px solid white;" scope="row">Only the minimum payment</td>
<td style="text-align: left; padding-top: 0.5em; padding-right: 1em; padding-bottom: 0.5em; padding-left: 1em; background-color: #e6f7d5; border: 1px solid white;">11 years</td>
<td style="text-align: left; padding-top: 0.5em; padding-right: 1em; padding-bottom: 0.5em; padding-left: 1em; background-color: #e6f7d5; border: 1px solid white;">$4,745</td>
</tr>
<tr>
<td style="text-align: left; padding-top: 0.5em; padding-right: 1em; padding-bottom: 0.5em; padding-left: 1em; background-color: #e6f7d5; border: 1px solid white;" scope="row">$103</td>
<td style="text-align: left; padding-top: 0.5em; padding-right: 1em; padding-bottom: 0.5em; padding-left: 1em; background-color: #e6f7d5; border: 1px solid white;">3 years</td>
<td style="text-align: left; padding-top: 0.5em; padding-right: 1em; padding-bottom: 0.5em; padding-left: 1em; background-color: #e6f7d5; border: 1px solid white;">$3,712<br />
(Savings = $1,033)</td>
</tr>
</tbody>
</table>
<h2 style="font-family: Tahoma, Geneva, sans-serif; font-size: 1.6em; font-weight: normal; color: #4c4c4c; border: initial none initial;">New rules regarding rates, fees, and limits</h2>
<ul style="list-style-image: url(http://www.federalreserve.gov/gifjpg/wyntk_bullet.gif); margin-top: 0px; margin-right: 0px; margin-bottom: 0px; margin-left: 1.5em; padding-top: 0px; padding-right: 0px; padding-bottom: 0px; padding-left: 1em;">
<li style="margin-bottom: 1.15em;"><strong>No interest rate increases for the first year.</strong> Your credit card company cannot increase your rate for the first 12 months after you open an account. There are some exceptions:
<ul style="list-style-image: initial; margin-top: 0.25em; margin-right: 0px; margin-bottom: 2em; margin-left: 2.5em; list-style-type: circle; list-style-position: initial; padding: 0px;">
<li style="margin-bottom: 0px;">If your card has a variable interest rate tied to an index; your rate can go up whenever the index goes up.</li>
<li style="margin-bottom: 0px;">If there is an introductory rate, it must be in place for at least 6 months; after that your rate can revert to the &#8220;go-to&#8221; rate the company disclosed when you got the card.</li>
<li style="margin-bottom: 0px;">If you are more than 60 days late in paying your bill, your rate can go up.</li>
<li style="margin-bottom: 0px;">If you are in a workout agreement and you don&#8217;t make your payments as agreed, your rate can go up.</li>
</ul>
</li>
<li style="margin-bottom: 1.15em;"><strong>Increased rates apply only to new charges.</strong> If your credit card company does raise your interest rate after the first year, the new rate will apply only to new charges you make. If you have a balance, your old interest rate will apply to that balance.</li>
<li style="margin-bottom: 1.15em;"><strong>Restrictions on over-the-limit transactions.</strong> You must tell your credit card company that you want it to allow transactions that will take you over your credit limit. Otherwise, if a transaction would take you over your limit, it may be turned down. If you do not opt-in to over-the-limit transactions and your credit card company allows one to go through, it cannot charge you an over-the-limit fee.
<ul style="list-style-image: initial; margin-top: 0.25em; margin-right: 0px; margin-bottom: 2em; margin-left: 2.5em; list-style-type: circle; list-style-position: initial; padding: 0px;">
<li style="margin-bottom: 0px;">If you opt-in to allowing transactions that take you over your credit limit, your credit card company can impose only one fee per billing cycle. You can revoke your opt-in at any time.</li>
</ul>
</li>
<li style="margin-bottom: 1.15em;"><strong>Caps on high-fee cards.</strong> If your credit card company requires you to pay fees (such as an annual fee or application fee), those fees cannot total more than 25% of the initial credit limit. For example, if your initial credit limit is $500, the fees for the first year cannot be more than $125. This limit does not apply to penalty fees, such as penalties for late payments.</li>
<li style="margin-bottom: 1.15em;"><strong>Protections for underage consumers.</strong> If you are under 21, you will need to show that you are able to make payments, or you will need a cosigner, in order to open a credit card account.
<ul style="list-style-image: initial; margin-top: 0.25em; margin-right: 0px; margin-bottom: 2em; margin-left: 2.5em; list-style-type: circle; list-style-position: initial; padding: 0px;">
<li style="margin-bottom: 0px;">If you are under age 21 and have a card with a cosigner and want an increase in the credit limit, your cosigner must agree in writing to the increase.</li>
</ul>
</li>
</ul>
<h2 style="font-family: Tahoma, Geneva, sans-serif; font-size: 1.6em; font-weight: normal; color: #4c4c4c; border: initial none initial;">Changes to billing and payments</h2>
<ul style="list-style-image: url(http://www.federalreserve.gov/gifjpg/wyntk_bullet.gif); margin-top: 0px; margin-right: 0px; margin-bottom: 0px; margin-left: 1.5em; padding-top: 0px; padding-right: 0px; padding-bottom: 0px; padding-left: 1em;">
<li style="margin-bottom: 1.15em;"><strong>Standard payment dates and times.</strong> Your credit card company must mail or deliver your credit card bill at least 21 days before your payment is due. In addition
<ul style="list-style-image: initial; margin-top: 0.25em; margin-right: 0px; margin-bottom: 2em; margin-left: 2.5em; list-style-type: circle; list-style-position: initial; padding: 0px;">
<li style="margin-bottom: 0px;">Your due date should be the same date each month (for example, your payment is always due on the 15th or always due on the last day of the month).</li>
<li style="margin-bottom: 0px;">The payment cut-off time cannot be earlier than 5 p.m. on the due date.</li>
<li style="margin-bottom: 0px;">If your payment due date is on a weekend or holiday (when the company does not process payments), you will have until the following business day to pay. (For example, if the due date is Sunday the 15th, your payment will be on time if it is received by Monday the 16th before 5 p.m.).</li>
</ul>
</li>
<li style="margin-bottom: 1.15em;"><strong>Payments directed to highest interest balances first.</strong> If you make more than the minimum payment on your credit card bill, your credit card company must apply the excess amount to the balance with the highest interest rate. There is an exception:
<ul style="list-style-image: initial; margin-top: 0.25em; margin-right: 0px; margin-bottom: 2em; margin-left: 2.5em; list-style-type: circle; list-style-position: initial; padding: 0px;">
<li style="margin-bottom: 0px;">If you made a purchase under a deferred interest plan (for example, &#8220;no interest if paid in full by March, 2012&#8243;), the credit card company may let you choose to apply extra amounts to the deferred interest balance before other balances. Otherwise, for two billing cycles prior to the end of the deferred interest period, the credit card company must apply your entire payment to the deferred interest-rate balance first.</li>
</ul>
</li>
<li style="margin-bottom: 1.15em;"><strong>No two-cycle (double-cycle) billing.</strong> Credit card companies can only impose interest charges on balances in the current billing cycle.</li>
</ul>
]]></content:encoded>
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		<title>Consumer Alert: FinallyFast.com</title>
		<link>http://www.texasbankruptcylawyer.com/consumer_law_basics/consumer-alert-finallyfast-com/</link>
		<comments>http://www.texasbankruptcylawyer.com/consumer_law_basics/consumer-alert-finallyfast-com/#comments</comments>
		<pubDate>Tue, 22 Dec 2009 10:02:02 +0000</pubDate>
		<dc:creator>Kathleen Munden</dc:creator>
				<category><![CDATA[Consumer Law Basics]]></category>
		<category><![CDATA[Consumer Law News]]></category>

		<guid isPermaLink="false">http://www.texasbankruptcylawyer.com/?p=362</guid>
		<description><![CDATA[As many of you in the Dallas area may have seen lately, a company called &#8220;FinallyFast&#8221; is heavily advertising on television. Their product is a program that they promise will speed up your computer by clearing out the junk files that accumulate on computers over time.
You would think that as a bankruptcy lawyer, I would [...]]]></description>
			<content:encoded><![CDATA[<p>As many of you in the Dallas area may have seen lately, a company called &#8220;FinallyFast&#8221; is heavily advertising on television. Their product is a program that they promise will speed up your computer by clearing out the junk files that accumulate on computers over time.</p>
<p>You would think that as a bankruptcy lawyer, I would never fall victim to a scam. Unfortunately, I saw one of the commercials while I was waiting impatiently for a webpage to load on my laptop, which has become increasingly slow over the past few months. In a weak moment, I went to the website and downloaded the program, after paying $30.00 for the privilege.</p>
<p>At first, I was pleasantly surprised. My computer did indeed speed up noticeably, and I was very happy with the result. However, when I turned on my computer the next morning, I was greeted by a succession of Viagra ads, porno websites, and warnings that I needed to go back to the website and download the company&#8217;s anti-virus program. For another $30.00, of course.</p>
<p>Fortunately, I wasn&#8217;t that gullible, and I tried to go to the websites for Microsoft, Norton, and McAfee to download a reputable anti-virus program. The FinallyFast program blocked all my efforts to go to those websites, and I had to give up and go buy a program to load manually.</p>
<p>When I told the salesman at the computer store what was going on, he told me that the program might not allow me to load the Norton software I had purchased. He was right. My first attempts to load the program failed. Fortunately, Norton had a fix for that on the CD, and I was finally able to load the program.</p>
<p>Instantly, the virus was detected and eliminated. I was so relieved, and immediately did what I should have done to begin with &#8212; researched the website from which I had downloaded the program. I found hundreds of consumer complaints, and added my experience to every website I could find that addressed the problem.</p>
<p>And, of course, I should already have had a good anti-virus program installed on my computer. The program I had expired a few months ago, and I had planned to buy a new computer, so I didn&#8217;t resubscribe. Then I forgot about it, until I needed it. Never again. I hope my experience will keep a few people from the same expense and frustration.</p>
]]></content:encoded>
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		<title>Beware Credit Card Changes As You Charge Into Holiday Shopping</title>
		<link>http://www.texasbankruptcylawyer.com/consumer_law_basics/beware-credit-card-changes-as-you-charge-into-holiday-shopping/</link>
		<comments>http://www.texasbankruptcylawyer.com/consumer_law_basics/beware-credit-card-changes-as-you-charge-into-holiday-shopping/#comments</comments>
		<pubDate>Thu, 10 Dec 2009 10:51:59 +0000</pubDate>
		<dc:creator>Robert A. Kraft</dc:creator>
				<category><![CDATA[Consumer Law Basics]]></category>
		<category><![CDATA[Consumer Law News]]></category>

		<guid isPermaLink="false">http://www.texasbankruptcylawyer.com/?p=351</guid>
		<description><![CDATA[As Dallas bankruptcy lawyers we see far too many clients who have gotten into financial trouble by misusing their credit cards. Pamela Yip, the personal finance columnist for the Dallas Morning News had an excellent article recently on the hazards of using credit cards for holiday shopping. The gist of the article is that there [...]]]></description>
			<content:encoded><![CDATA[<p>As Dallas bankruptcy lawyers we see far too many clients who have gotten into financial trouble by misusing their credit cards. Pamela Yip, the personal finance columnist for the Dallas Morning News had an excellent article recently on the <a href="http://www.dallasnews.com/sharedcontent/dws/bus/personalfinance/stories/112309dnbusperfi.3c94af6.html">hazards of using credit cards for holiday shopping</a>. The gist of the article is that there are many new charges that credit card companies have slipped into their contracts in advance of stiffer federal laws that take effect in February. Consumers need to be aware of these additional charges or may find themselves in over their heads with debt. Here are excerpts from the article:</p>
<p style="padding-left: 30px;">Running up your credit card bills could be extra costly this year as card issuers scramble to change many terms before federal rules restricting their practices take effect in February.</p>
<p style="padding-left: 30px;">They&#8217;re raising annual percentage rates, instituting fees, slashing credit limits and even closing some accounts, all of which could put consumers who carry large balances in a bind.</p>
<p style="padding-left: 30px;">Consumers &#8220;need to really think twice about how they&#8217;re paying for the holidays this year,&#8221; said Todd Mark, vice president of education at Consumer Credit Counseling Service of Greater Dallas. &#8220;If you&#8217;re planning on carrying a balance and you&#8217;re going to charge up a bunch of things during the holidays, today&#8217;s [credit card] terms may not be tomorrow&#8217;s terms.&#8221;</p>
<p style="padding-left: 30px;">Translation: The purchases you make now and in December could have a higher annual percentage rate in January.</p>
<p style="padding-left: 30px;"><!-- Refer begins here --> <!--Start_Local_Custom_Inc--></p>
<p style="padding-left: 30px;"><!--End_Local_Custom_Inc--> <!-- Refer ends here --></p>
<p style="padding-left: 30px;">If you do use a credit card, don&#8217;t charge anything that you can&#8217;t pay        off in three months.</p>
<p style="padding-left: 30px;">&#8220;Credit card rates are now too high to just charge something and assume you will be able to pay for it,&#8221; said Bill Hardekopf, chief executive of LowCards.com, a credit card information Web site.</p>
<p style="padding-left: 30px;">Don&#8217;t even think about just making the minimum payment.</p>
<p style="padding-left: 30px;">&#8220;If you charge $1,000 on a credit card with an interest rate of 15 percent and just pay $25 of your balance each month, it will take you until May of 2014 to pay off this Christmas, and you will pay an additional $370 in interest,&#8221; Hardekopf said.</p>
<div style="padding-left: 30px;"><strong>Avoiding credit cards</strong></div>
<p style="padding-left: 30px;">To protect yourself from having to use credit cards, develop a spending plan before you venture out to the mall. This isn&#8217;t as restrictive as you might think. In fact, it can be quite liberating because it will keep you from making impulse purchases.</p>
<p style="padding-left: 30px;">Mark suggests making a list of the people you&#8217;re buying for, how much you&#8217;re spending on them and what you want to purchase.</p>
<p style="padding-left: 30px;">&#8220;Every aisle is going to be filled with impulse purchases, so you don&#8217;t want to fall prey to that,&#8221; he said. &#8220;It&#8217;s usually the minor expenses that ruin our budgets, so creating a list for each and every item will help keep your budget in line.&#8221;</p>
<p style="padding-left: 30px;">Pay in cash or through a debit card. But if you use a debit card, keep track of your spending and your bank balance so you don&#8217;t overdraw your account.</p>
<p style="padding-left: 30px;">&#8220;It&#8217;s really hard to outspend the cash you have,&#8221; Mark said. &#8220;You can&#8217;t have $600 and end up spending $1,000.&#8221;</p>
<p style="padding-left: 30px;">Studies have shown that consumers typically spend 12 percent to 18 percent less when they pay with cash, Hardekopf said.</p>
<p style="padding-left: 30px;">&#8220;Counting out and handing over cash is a sobering reminder of how much items really cost,&#8221; he said. &#8220;It makes you pause and consider if the purchase is really worth your labor.&#8221;</p>
<div style="padding-left: 30px;"><strong>Don&#8217;t procrastinate</strong></div>
<p style="padding-left: 30px;">Retailers are going into this holiday season with leaner inventories than last year because they don&#8217;t want to be forced to give huge discounts to move the goods.</p>
<p style="padding-left: 30px;">That means door-buster deals may be more limited this year.</p>
<p style="padding-left: 30px;">Take advantage of coupons and promotion codes from retailers.</p>
<p style="padding-left: 30px;">Finally, remember that you don&#8217;t have to spend <em>money </em>to give to        others.</p>
<p style="padding-left: 30px;">&#8220;If you&#8217;re thinking, &#8216;I don&#8217;t have enough cash or credit,&#8217; remember that money does not equal love at the holidays, and you can supplement that with gifts of time and love,&#8221; Mark said.</p>
<div style="width: 100%; clear: right; padding-left: 30px;">
<div style="margin-bottom: 12px; padding-top: 3px; padding-bottom: 3px;"><strong>SHOP WITH SELF-RESTRAINT</strong></div>
</div>
<p style="padding-left: 30px;">To keep your finances under control this holiday season, follow these        tips:</p>
<p style="padding-left: 30px;">•Create a detailed budget.</p>
<p style="padding-left: 30px;">•Don&#8217;t wait until the last minute to shop; many retailers already are        offering great deals.</p>
<p style="padding-left: 30px;">•Collect coupons.</p>
<p style="padding-left: 30px;">•Use credit cards prudently. Don&#8217;t charge anything that you can&#8217;t pay        off in three months.</p>
<p style="padding-left: 30px;">•Make your gift instead of buying it. It will hold special significance        for the recipient.</p>
<p style="padding-left: 30px;">•Give of yourself. Consider doing a chore for a friend or offer to baby-sit. Do things that don&#8217;t require money but still convey the spirit of giving.</p>
<p style="padding-left: 30px;">SOURCE: Consumer Credit Counseling Service of Greater Dallas</p>
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		<title>Fannie Mae Introduces &#8220;Deed For Lease&#8221; Program</title>
		<link>http://www.texasbankruptcylawyer.com/consumer_law_basics/fannie-mae-introduces-deed-for-lease-program/</link>
		<comments>http://www.texasbankruptcylawyer.com/consumer_law_basics/fannie-mae-introduces-deed-for-lease-program/#comments</comments>
		<pubDate>Fri, 06 Nov 2009 10:13:30 +0000</pubDate>
		<dc:creator>Kathleen Munden</dc:creator>
				<category><![CDATA[Consumer Law Basics]]></category>
		<category><![CDATA[Consumer Law News]]></category>

		<guid isPermaLink="false">http://www.texasbankruptcylawyer.com/?p=347</guid>
		<description><![CDATA[Home foreclosure is one of the biggest fears our Dallas and Fort Worth bankruptcy clients face. Potential foreclosure is often the triggering factor in causing people to contact a Dallas bankruptcy attorney. Now the federal government has taken a small step forward in helping homeowners attempt to avoid foreclosure.
In a bid to avoid an overload [...]]]></description>
			<content:encoded><![CDATA[<p>Home foreclosure is one of the biggest fears our Dallas and Fort Worth bankruptcy clients face. Potential foreclosure is often the triggering factor in causing people to contact a Dallas bankruptcy attorney. Now the federal government has taken a small step forward in helping homeowners attempt to avoid foreclosure.</p>
<p>In a bid to avoid an overload of foreclosed houses in its inventory, Fannie Mae has introduced a new program that would give homeowners facing foreclosure the option of leasing their houses for one year. The program could keep thousands of families in their homes, but critics worry that the Government-backed lender, which has received billions of dollars in bail-out funds, could end up losing even more money.</p>
<p>The &#8220;Deed For Lease&#8221; program would allow homeowners to transfer title to their homes back to Fannie Mae, in exchange for a one-year lease, with possible extensions after that lease term ends. The goal is to allow homeowners to remain in their homes, and for Fannie Mae to avoid the expensive and lengthy process of foreclosing on the homes.</p>
<p>The program helps &#8220;eliminate some of the uncertainty of foreclosure, keeps families and tenants in their homes during a transitional period, and helps to stabilize neighborhoods and communities,&#8221; Jay Ryan, a <span id="lw_1257461319_1" style="background: transparent none repeat scroll 0% 0%; cursor: pointer; -moz-background-clip: border; -moz-background-origin: padding; -moz-background-inline-policy: continuous;">Fannie Mae vice</span> president, said in a statement.</p>
<p>It also does less harm to the borrower&#8217;s credit record. &#8220;It shows that you put your best effort to work out a solution,&#8221; said Gabe Del Rio, director of homeownership at Community HousingWorks of San Diego.</p>
<p>However, Mike Himes, director of homeownership services at NeighborWorks Sacramento, said the industry should push harder to modify loans at lower monthly payments. &#8220;The preferred option is allowing people to retain ownership,&#8221; he said.</p>
<p><span id="lw_1257461319_2">Fannie Mae executives</span> said the rental program is designed to help delinquent homeowners who don&#8217;t qualify for a loan modification, but still want to stay in their homes.</p>
<p>To qualify, homeowners have to live in the home as the primary residence and prove that they can afford the market rent, which will be established by the management company running the program. Rents are based on current market rates.</p>
<p>This program will be particularly attractive to homeowners who owe more on their house than it is worth. By paying the market rate of rent in their area, they may actually be paying less per month in rent than they were paying on their inflated mortgage.</p>
<p>During the first nine months of 2009, Fannie Mae foreclosed on over 90,000 homes, and accepted 2,000 &#8220;deeds in lieu of foreclosure,&#8221; where the homeowners deeded the homes back to Fannie Mae and then walked away.</p>
<p>While <span id="lw_1257461319_8">Fannie Mae executives</span> say the company&#8217;s motives are community-minded, critics say the company is simply gambling that the properties will eventually sell for a higher price. &#8220;That&#8217;s folly,&#8221; says <span id="lw_1257461319_9" style="background: transparent none repeat scroll 0% 0%; cursor: pointer; -moz-background-clip: border; -moz-background-origin: padding; -moz-background-inline-policy: continuous;">Peter Schiff</span>, president of Euro Pacific Capital in Darien, Conn., and a longtime bearish investor.</p>
<p>&#8220;Taxpayers are now going to own all these houses that (Fannie Mae) should have unloaded,&#8221; he said. &#8220;It&#8217;s going to cost a fortune.&#8221;</p>
<p>The announcement came as Fannie Mae asked for an additional $15 billion in government aid after posting another big loss in the third quarter as the taxpayers&#8217; bill from the housing market bust keeps getting bigger. The <span id="lw_1257461319_10" style="background: transparent none repeat scroll 0% 0%; cursor: pointer; -moz-background-clip: border; -moz-background-origin: padding; -moz-background-inline-policy: continuous;">mortgage finance company</span>, seized by federal regulators in September 2008, posted a quarterly loss of $19.8 billion, including $883 million in dividends paid to the <span id="lw_1257461319_11">Treasury Department</span>.</p>
<p>Pessimists like Schiff say the recent stability in the housing market is just temporary, and argue that there is a huge backlog of foreclosed homes that haven&#8217;t gone on the market. Refusing to sell those homes, they say, only prolongs the problem.</p>
<p>But other experts say that Fannie Mae&#8217;s new policy could make sense, even if prices don&#8217;t rebound quickly. The company will get rental income while avoiding costly foreclosure expenses. It will also help to safeguard the homes, which are less likely to be vandalized when occupied.</p>
<p>&#8220;There are a whole lot of costs you avoid,&#8221; said Thomas Lawler, a former <span id="lw_1257461319_13">Fannie Mae economist</span>. &#8220;You don&#8217;t necessarily have to believe that home prices a year from now will be higher than today.&#8221;</p>
<p>Fannie Mae&#8217;s sibling company, Freddie Mac, launched a similar effort in March. That policy, however, requires the foreclosure to be completed and only allows month-to-month leases. Freddie Mac declined to detail how many borrowers have participated.</p>
<p>The two companies purchase loans from banks and sell them to investors. Together, they own or guarantee almost 31 million home loans worth about $5.5 trillion, about half of all U.S. mortgages. They have been badly hurt by the housing bust and have required $96 billion in federal aid since being seized by government regulators 14 months ago.</p>
<p>To find out whether your home loan is owned by <span id="lw_1257461319_15">Fannie Mae</span> or Freddie Mac, try these Web sites:</p>
<p>Fannie Mae <a href="http://us.rd.yahoo.com/dailynews/ap/ap_on_bi_ge/storytext/us_foreclosures_rentals/33986163/SIG=11db7snfv/*http://loanlookup.fanniemae.com/loanlookup/"><span id="lw_1257461319_16">http://loanlookup.fanniemae.com/loanlookup/</span></a></p>
<p>Freddie Mac: <a href="http://us.rd.yahoo.com/dailynews/ap/ap_on_bi_ge/storytext/us_foreclosures_rentals/33986163/SIG=116k4mm0f/*http://www.freddiemac.com/mymortgage"><span id="lw_1257461319_17">http://www.freddiemac.com/mymortgage</span></a></p>
<p>If you have questions about foreclosure or any related legal matters, please contact our bankruptcy and consumer law firm. There is no charge for that first phone call.</p>
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		<title>Top 10 List of Consumer Complaints</title>
		<link>http://www.texasbankruptcylawyer.com/consumer_law_basics/top-10-list-of-consumer-complaints/</link>
		<comments>http://www.texasbankruptcylawyer.com/consumer_law_basics/top-10-list-of-consumer-complaints/#comments</comments>
		<pubDate>Tue, 13 Oct 2009 10:51:14 +0000</pubDate>
		<dc:creator>Kathleen Munden</dc:creator>
				<category><![CDATA[Consumer Law Basics]]></category>
		<category><![CDATA[Consumer Law News]]></category>

		<guid isPermaLink="false">http://www.texasbankruptcylawyer.com/?p=328</guid>
		<description><![CDATA[According to the National Association of Attorneys General, the top three topics for consumer complaints to state attorney general offices are debt collection, auto sales, and home repair/construction. Complaints regarding credit cards tied for fourth place with complaints regarding goods and services provided over the internet.
Complaints concerning predatory lending and mortgage practices were sixth, with [...]]]></description>
			<content:encoded><![CDATA[<p>According to the National Association of Attorneys General, the top three topics for consumer complaints to state attorney general offices are debt collection, auto sales, and home repair/construction. Complaints regarding credit cards tied for fourth place with complaints regarding goods and services provided over the internet.</p>
<p>Complaints concerning predatory lending and mortgage practices were sixth, with complaints about telemarketers, automobile repair, automobile warranties, and telecom slamming rounding out the top 10.</p>
<p>&#8220;With the recession and increased foreclosure rates, consumers need to be on high alert. Too many people are being swindled out of their hard-earned money by scam artists,&#8221; said Hawaii Attorney General Mark Bennett, who co-chairs the NAAG Consumer Protection Committee with Montana Attorney General Steve Bullock.</p>
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		<title>Pre-Paid Utility Meters Pose Danger to Consumer Rights</title>
		<link>http://www.texasbankruptcylawyer.com/consumer_law_news/pre-paid-utility-meters-pose-danger-to-consumer-rights/</link>
		<comments>http://www.texasbankruptcylawyer.com/consumer_law_news/pre-paid-utility-meters-pose-danger-to-consumer-rights/#comments</comments>
		<pubDate>Fri, 09 Oct 2009 10:38:41 +0000</pubDate>
		<dc:creator>Kathleen Munden</dc:creator>
				<category><![CDATA[Consumer Law News]]></category>

		<guid isPermaLink="false">http://www.texasbankruptcylawyer.com/?p=325</guid>
		<description><![CDATA[Traditionally, utility service has been extended on credit, remained connected until a serious delinquency occurred, and would not be disconnected during severe weather or where elderly  or sick individuals were in the household. Pre-paid meters are now being introduced in several states, including Texas, and require cash up front to obtain and maintain service. When [...]]]></description>
			<content:encoded><![CDATA[<p>Traditionally, utility service has been extended on credit, remained connected until a serious delinquency occurred, and would not be disconnected during severe weather or where elderly  or sick individuals were in the household. Pre-paid meters are now being introduced in several states, including Texas, and require cash up front to obtain and maintain service. When the pre-paid amount is depleted, disconnection is automatic.</p>
<p>Utility companies that use pre-paid meters effectively avoid state utility commission  regulations. Such consumer protections as notice before disconnection and discretion to allow utility service to continue for elderly or sick residents disappear. Lower-income households are typically the users of pre-paid meters, and severe pressure may be put onto families to find cash to feed the meter. The situation can cause such families to become victims of predatory small lenders and even loan sharks.</p>
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		<title>Housing Crash Not Yet Over</title>
		<link>http://www.texasbankruptcylawyer.com/consumer_law_basics/housing-crash-not-yet-over/</link>
		<comments>http://www.texasbankruptcylawyer.com/consumer_law_basics/housing-crash-not-yet-over/#comments</comments>
		<pubDate>Tue, 06 Oct 2009 10:21:49 +0000</pubDate>
		<dc:creator>Kathleen Munden</dc:creator>
				<category><![CDATA[Consumer Law Basics]]></category>
		<category><![CDATA[Consumer Law News]]></category>

		<guid isPermaLink="false">http://www.texasbankruptcylawyer.com/?p=323</guid>
		<description><![CDATA[Amherst Securities Group analysts predict that the crash in U.S. home prices will probably resume because about 7 million properties that are likely to be seized by lenders have yet to hit the market. The &#8220;huge shadow inventory&#8221; reflects mortgages already being foreclosed upon or now delinquent and likely to be, which compares to 1.27 [...]]]></description>
			<content:encoded><![CDATA[<p>Amherst Securities Group analysts predict that the crash in U.S. home prices will probably resume because about 7 million properties that are likely to be seized by lenders have yet to hit the market. The &#8220;huge shadow inventory&#8221; reflects mortgages already being foreclosed upon or now delinquent and likely to be, which compares to 1.27 million such mortgages in 2005.</p>
<p>Assuming no other homes were on the market, it would take 1.35 years to sell the properties, based on the current pace of existing-home sales. A change in the mix of foreclosures and traditional sales over different parts of the year raised prices in the period, as the distressed share shrank. Accounting for efforts to have more loans reworked to avert foreclosure will not make much of a difference in the shadow inventory, with optimistic assumptions leading to a reduction in the amount by 1 million.</p>
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		<title>Option ARMs Expected to Lead Next Wave of Foreclosures</title>
		<link>http://www.texasbankruptcylawyer.com/mortgage_dispute_topics/option-arms-expected-to-lead-next-wave-of-foreclosures/</link>
		<comments>http://www.texasbankruptcylawyer.com/mortgage_dispute_topics/option-arms-expected-to-lead-next-wave-of-foreclosures/#comments</comments>
		<pubDate>Thu, 03 Sep 2009 10:55:14 +0000</pubDate>
		<dc:creator>Kathleen Munden</dc:creator>
				<category><![CDATA[Consumer Law News]]></category>
		<category><![CDATA[Mortgage Dispute Topics]]></category>

		<guid isPermaLink="false">http://www.texasbankruptcylawyer.com/?p=310</guid>
		<description><![CDATA[Since February 2009, default and foreclosure rates on option adjustable rate mortgages have passed those of subprime mortgages, which led the initial wave of foreclosures. Option ARMS accounted for $750 billion in mortgages between 2004 and 2007, and they remain at risk, especially because many are not eligible for refinancing.
About one-third of option ARMS are [...]]]></description>
			<content:encoded><![CDATA[<p>Since February 2009, default and foreclosure rates on option adjustable rate mortgages have passed those of subprime mortgages, which led the initial wave of foreclosures. Option ARMS accounted for $750 billion in mortgages between 2004 and 2007, and they remain at risk, especially because many are not eligible for refinancing.</p>
<p>About one-third of option ARMS are already in default, and it is expected that 600,000 option ARMS will reset within the next four years. According to Barclays Capital, 81% of the option ARMs originated in 2007 are expected to default, with many ending in foreclosure. Barclays projects that banks will lose $112 billion on option ARMs written from 2005 to 2007.</p>
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		<title>&#8220;Cash For Clunkers&#8221; Program Deemed a Success</title>
		<link>http://www.texasbankruptcylawyer.com/consumer_law_news/cash-for-clunkers-program-deemed-a-success/</link>
		<comments>http://www.texasbankruptcylawyer.com/consumer_law_news/cash-for-clunkers-program-deemed-a-success/#comments</comments>
		<pubDate>Mon, 31 Aug 2009 10:11:41 +0000</pubDate>
		<dc:creator>Kathleen Munden</dc:creator>
				<category><![CDATA[Consumer Law News]]></category>

		<guid isPermaLink="false">http://www.texasbankruptcylawyer.com/?p=302</guid>
		<description><![CDATA[The Transportation Department states that the Cash For Clunkers program succeeded in putting 690,114 more fuel-efficient vehicles on the nation&#8217;s roads. The entire $3 billion dedicated to the program was spent in an effort to retire older gas-guzzlers and stimulate vehicle sales.
One auto analyst called the program a success, after  his research showed that [...]]]></description>
			<content:encoded><![CDATA[<p>The Transportation Department states that the Cash For Clunkers program succeeded in putting 690,114 more fuel-efficient vehicles on the nation&#8217;s roads. The entire $3 billion dedicated to the program was spent in an effort to retire older gas-guzzlers and stimulate vehicle sales.</p>
<p>One auto analyst called the program a success, after  his research showed that it was responsible for saving 39,000 jobs that otherwise would have been eliminated. &#8220;It&#8217;s really more substantial than we had thought in terms of stimulus,&#8221; said David Cole, chairman of the Center for Automotive Research. &#8220;This is companies putting people back to work.&#8221;</p>
<p><a href="http://financial.washingtonpost.com/custom/wpost/html-qcn.asp?dispnav=business&amp;mwpage=qcn&amp;symb=GM&amp;nav=el">General Motors</a> announced last week that it will reinstate 1,350 workers and add overtime for about 10,000 at three plants, as the automaker replenishes inventory sold during the government program. Honda also said it will increase U.S. production.</p>
<p>Asian automakers were the big winners in the program. Eight of the top 10 new cars purchased through the program came from Honda, Hyundai, Nissan and Toyota, which claimed the top spot with its Corolla. The Corolla and Honda Civic  are manufactured in the United States. The only top 10 vehicles produced by U.S. automakers  were the Ford Escape and Ford Focus.</p>
<p>By contrast, all of the top 10 clunkers turned in were made by a Detroit company, with the four-wheel-drive Ford Explorer SUV, Ford F-150 pickup and the four-wheel-drive Jeep Grand Cherokee taking the top three spots. Even though no General Motors vehicle cracked the top 10 of best-sellers, GM&#8217;s sales volume was strong, finishing second behind Toyota with 17.6% of all new vehicles sold.</p>
<p>The new cars average about 9 miles per gallon better than the clunkers they replaced, the Transportation Department said. &#8220;Moribund showrooms were brought back to life and consumers bought fuel-efficient cars that will save them money and improve the environment,&#8221; Transportation Secretary Ray LaHood said in a statement Wednesday.</p>
<p>Under the program, car buyers were eligible for a federal government credit worth up to $4,500 toward the purchase of a new qualifying vehicle.</p>
<p>It is  unclear whether the  program will be responsible for an overall increase in auto sales in the coming years, or if it merely pulled forward sales that consumers already planned to make in the future, resulting in no net gain for auto sales over the long run. The program, which had been a part of the original stimulus bill earlier this year but was deleted before final passage, was so popular that it required an additional $2 billion in funding after it was underway.</p>
<p>Potential buyers could take advantage of the program until 8 p.m. Monday, but the government was forced to twice extend the deadline for dealers to submit paperwork. Some dealers complained about the program, saying they were not being reimbursed by the government quickly enough, while some set up their own privately-run deals.</p>
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		<title>Fewer Delinquent Mortgage Borrowers Are Catching Up</title>
		<link>http://www.texasbankruptcylawyer.com/bankruptcy_news/fewer-delinquent-mortgage-borrowers-are-catching-up/</link>
		<comments>http://www.texasbankruptcylawyer.com/bankruptcy_news/fewer-delinquent-mortgage-borrowers-are-catching-up/#comments</comments>
		<pubDate>Wed, 26 Aug 2009 10:50:12 +0000</pubDate>
		<dc:creator>Kathleen Munden</dc:creator>
				<category><![CDATA[Bankruptcy News]]></category>
		<category><![CDATA[Consumer Law News]]></category>
		<category><![CDATA[Mortgage Dispute Topics]]></category>

		<guid isPermaLink="false">http://www.texasbankruptcylawyer.com/?p=292</guid>
		<description><![CDATA[The Wall Street Journal has reported that homeowners who have fallen behind on their mortgages are much less likely to catch up again than in previous years. The report from Fitch Ratings focused on mortgages that were packaged into securities for sale to investors, and excluded loans that were guaranteed by government-backed agencies and those [...]]]></description>
			<content:encoded><![CDATA[<p><a href="http://online.wsj.com/article/SB125113686930654371.html" target="_blank"><em>The Wall Street Journal</em></a> has reported that homeowners who have fallen behind on their mortgages are much less likely to catch up again than in previous years. The report from Fitch Ratings focused on mortgages that were packaged into securities for sale to investors, and excluded loans that were guaranteed by government-backed agencies and those mortgages that were never bundled into securities.</p>
<p>The study found that the cure rate for prime loans dropped to 6.6% as of July 2009, from an average of 45% for the years 2000 through 2006. The cure rate of Alt-A loans fell from 30.2% to 4.3%, and for subprime loans fell from 19.4% to 5.3%.</p>
<p>Cure rates have plunged despite the Obama administration&#8217;s prodding of banks to ease the terms of mortgages for millions of borrowers to try to prevent foreclosures. Barclays Capital projects that the number of foreclosed homes for sale will peak at 1.15 million in mid-2010, up from an estimated 688,000 as of July 1, 2009.</p>
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