Atlanta Makes Forbes List Of Worst Housing Markets

The Atlanta area continues to make it into top 10 lists, coming in number 8 on the Forbes.com list of the 10 worst housing markets in the United States.

According to the report, prices in the housing market in the Atlanta area were last this low in June 2002, and were 12.14 percent lower than the same time last year.

Home-saving experts with the Neighborhood Assistance Corporation of America (NACA) say that the thousands of Georgians that have been attending seminars it has been holding around Atlanta could benefit from a program recently announced by President Barack Obama that will help homeowners refinance their mortgages.

Critics say that the plan is too little, too late, and mounting job losses will leave those without a steady income without a way to qualify for new loans aimed at keeping them in their homes.

Richard King, a home-saving specialist in the NACA’s Decatur office told the Atlanta Journal Consitution that “the plan isn’t perfect but it is a good start.”

He went on to say it was the first government effort aimed at helping distresses homeowners.

Lenders participate in the plan announced by the President on a voluntary basis. Housing advocates have said that there is no incentive for lenders to work with homeowners to create a solution that is affordable.

President Obama said that on top of the plan announced to aid homeowners, he wants to see legislation passed that will allow bankrutpcy judges to modify mortgages.

David Kittle, president of the Mortgage Bankers Association, a national industry group, is quoted in the Dallas Morning News as saying that his group was “disappointed to see the President endorse bankruptcy as an option to help delinquent borrowers.”

Incentives for lenders that participate are built into the administration’s plan to help homeowners, but there is no punishment if they choose not to negotiate, according to critics of the mortgage lending industry.

“This is the stick part, this isn’t the carrot part,” said Samuel Gerdano, executive director of the American Bankruptcy Institute, which studies bankruptcy issues. “The bankruptcy judge is the stick.”


Stall Tactics Helping Homeowners Delay Foreclosure

An Associated Press story in the Atlanta Journal Constitution highlights a Florida attorney who has developed a stall tactic that has mortgage servicers wanting to foreclose on homes scrambling to find documentation that proves they in fact own the loan. Homeowners across the country have used the legal move to delay or stop foreclosure proceedings and stay in their homes.

After being served with foreclosure notice, the homeowner files with the court seeking proof of the lien by asking that the lender produce the original mortgage paperwork.

Since the paperwork is often stored in dedicated facilities, it may take weeks or even months to find the documentation delaying the foreclosure. Sometimes, mortgage lenders have been unable to produce the documentation of the loan and the foreclosure is stopped by the courts.

Since the foreclosure process in Georgia is much quicker than in some parts of the country, it requires that homeowners be on top of their situation. Knowing you have missed a couple of mortgage payments, you need to be on the lookout for a notice in your local paper and anything that may be sent to you in the mail regarding a foreclosure.

If your financial situation has deteriorated to the point that you are struggling to make your housepayment, you should talk to a Georgia bankruptcy attorney about your options.


Job Losses Continue To Rise, Expect More Bankruptcies

Georgia’s Labor Department reported Thursday that jobless claims in the state surged 81 percent in January over numbers for January 2007. The department’s numbers indicated that 120,139 people in the state filed for unemployement benefits.

Experts expect that the rise in jobless rates will result additional bankruptcy filings.

“Consumers are under great financial stress, with no immediate end in sight,” said Samuel J. Gerdano, American Bankruptcy Institute (ABI) executive director, in an article in the Dallas Morning News. “We expect the upward spike in personal bankruptcies to continue in 2009.” 

According to the ABI, consumer bankrupcy filings rose 33 percent in 2008 over numbers from the previous year. A poll conducted by the ABI predicted that bankruptcy filings would jump at least 35 percent over the 1 million consumer bankruptcies filed in 2008.

If job losses continue to mount, the spike will likely be in Chapter 7 bankruptcy that will clear most unsecured debt. Without income to make payments on a Chapter 13 repayment plan, there is little chance that consumers in the Atlanta metro area would qualify.

 



Qualifying For Chapter 7 Bankruptcy

If you are considering filing bankruptcy in Atlanta, you need to know that you have to qualify in order to file a Chapter 7 case under the rules set by the  Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 .

Understanding the rules of the bankruptcy process can be complicated and confusing. It is best to speak to an Atlanta bankruptcy attorney if you are considering bankruptcy.

Your household income is used to determine if you qualify for Chapter 7 bankrupcty or if you would have more disposable income available to payoff a portion of your debt.

First compare your income to the median income for your area. Below is the median income for Georgia as determined by the U.S. Census Bureau as of October 2008.

  1. One person –  $39,253 
  2. Two persons – $52,055
  3. Three persons – $59,668
  4. Four Persons - $68,908

If your household income is less than the median income, you will automatically qualify for Chapter 7 bankruptcy in Atlanta. If it is higher, there are quantifiers that could still qualify you for Chapter 7 protections. Speak to an Atlanta bankrutpcy lawyer to find out if you qualify for Chapter 7 bankruptcy.

 





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