Fulton County Leads June 2011 Georgia Foreclosures

Earlier this month RealtyTrac announced that Georgia was 6th in US foreclosures for June 2011. This data is dramatic with the Atlanta area leading the state of Georgia in foreclosure actions. Fulton County had 1,235 foreclosure actions in June 2011. This impacted that 1 out of every 360 homes. Fulton County primarily covers the city of Atlanta.

While the Fulton County numbers are high, residents of other counties are also being severely impacted by tough economic times. For example, Clayton County had 437 actions in June, but unlike Fulton where 1 out of every 360 homes were impacted, Clayton saw foreclosure actions in the county affect 1 out of every 246 homes. To the north of Atlanta, Cherokee County proportionally was much better, seeing 1 out of 287 homes affected.

Thousands of Homes in Metro Atlanta:

Other than Fulton County, other heavily populated counties in Georgia saw high foreclosure actions in June. While Fulton saw 1,235 foreclosure actions, DeKalb County saw 936 and Cobb County saw 763. One of the most heavily impacted counties was Gwinnett County with 1,129 foreclosure actions or 1 out of every 256 homes.

Foreclosure & Bankruptcy Considerations:

Declaring bankruptcy is an option many people facing foreclosure consider. Any bankruptcy lawyer will likely agree that simply declaring bankruptcy will not prevent a foreclosure by itself. Other actions and filings often are required to help provide maximum potential that you home will not be lost. If you have questions about how bankruptcy can affect your home and a potential foreclosure, contact a local Berry & Associates office and request a free consultation.

Quick Links – Finding a Local Berry & Associates Office

Below is a list of our bankruptcy offices in Fulton, Gwinnett, Cobb and Clayton.

Fulton County Berry & Associates Atlanta Bankruptcy Lawyer
2751 Buford Highway
Suite 400
Atlanta, GA 30324
Tel: (404) 235-3328

Gwinnett County Berry & Associates Duluth Bankruptcy Lawyer
3235 Satellite Blvd.
Building 400, Suite 300
Duluth, GA 30096
Tel: (404) 425-5181

Cobb County Berry & Associates: Kennesaw Bankruptcy Lawyer
125 Townpark Dr.
Suite 500
Kennesaw, GA 30144
Tel: (404) 425-5184

Clayton County Berry & Associates Jonesboro Bankruptcy Lawyer
7183 Jonesboro Rd.
Suite 100
Morrow, GA 30260
Tel: (404) 425-5183


GA Foreclosures are 6th Highest in US

Some troubling news for Georgia homeowners came out recently. 11Alive reports that Georgia had the 6th highest foreclosure rate in the U.S. for the first half of 2011. The news was originally compiled by RealtyTrac’s Midyear 2011 Market Report. The the high national foreclosure rate is bad, there may be some good news in it as well for those facing a potential foreclosure.

Georgia had 60,870 foreclosures in the first half of 2011. Georgia foreclosures were down 15.4% from the same period of 2010.

Georgia’s year over year decrease of 15.4% is lower than the national average of 29%

Nationally there were 1,170,402 foreclosure filings in the first half of 2011.

“Foreclosure” is being defined by RealtyTrac as a default notice, scheduled auction or bank repossession

Foreclosures Actions Drop 15.4% Year over Year:

Georgia’s foreclosure rate is down, which many would think means that the housing market is getting better. In reality, foreclosures are down because of procedural delays. This is resulting in pushing foreclosures out. It is estimated that approximately one million foreclosure auctions that should have taken place in 2011 will be pushed into 2012, if not later.

If you are facing a foreclosure, the time to act is important. Some options may be available, but it will depend on your situation and your current outstanding debt. If you haven’t already, now is the time to contact an experience bankruptcy attorney. Your Georgia bankruptcy attorney will be familiar with the bankruptcy code and how it can be applied to your financial situation.

Give Berry & Associates a call. Whether you are near Duluth, Newnan, Dalton, or Conyers, there is a local office near you. We have 11 metro bankruptcy law offices that you can schedule a free consultation with.


How Chapter 13 can Help Stop Atlanta Foreclosure

In the past the Berry & Associates bankruptcy blog has written about how to stop foreclosure in Atlanta. This is a topic very important to many filing for personal bankruptcy. If you have assets such as a home, the foreclosure procedure, and you’re strategy to navigate a foreclosure, becomes more important.

Fore homeowners considering a foreclosure, protecting their home is one of their top priorities. This can be done through Chapter 13 Georgia bankruptcy protection. According to Chapter 13 law you are restructuring your debt and working out a plan with your creditors. Your attorney will guide you through the system and the court will oversee the process.

The last few years have seen many instances of people in Atlanta going through a foreclosure. Fulton, DeKalb, Gwinnett, Cobb and Clayton counties, among others, have seen many of its residents fall on hard times and seek protection under bankruptcy laws in Georgia.

When you consider filing for a Georgia Chapter 13 bankruptcy, make sure you are going through a qualification checklist well. Before you proceed with filing for bankruptcy you want to make sure that is the best financial option available. You want to make sure that filing for bankruptcy will provide you with the level of protection that you are seeking. Your attorney will be able to help you with this.

If after reviewing your options it turns out that a Chapter 13 bankruptcy will accomplish what you are looking to achieve, then you will create a budget and submit it to the courts for approval. By doing this you are effectively restructuring your debts. Your attorney at Berry & Associates will help you with each step of the process, including filing the proper paperwork. Upon completing payment of the plan you will receive a full plan discharge.

Some exceptions can apply, but as you can see, it is very possible to file for bankruptcy protection in metro Atlanta avoid a foreclosure on your home.


Your Georgia Bankruptcy and Foreclosure Options

If you are facing immense debt or a foreclosure of your home, you may wonder what your options are. You have far more than you might think. You should always consult with an experienced Georgia bankruptcy attorney prior to making any big decisions. This blog guide explains some of the options you have and decisions you’ll need to make.

Your Chapter 7 Option
All bankruptcy discharges debt, just in different ways. Chapter 7 sells off some of your assets in order to pay back debts. You typically lose little, but save a lot of money. If you have a $50,000 medical debt, or a $100,000 credit card debt, or a mortgage you cannot afford after being laid off, you do have options. You can file Chapter 7 bankruptcy to discharge these debts. You may be wondering what you’ll lose. Few bankruptcy filers who follow all the rules lose many assets when it comes to Chapter 7 bankruptcy. Technically your home, car, and other valuables can be taken, but this is a rare and there are ways to protect them. You might discharge other debts and continue paying on your mortgage, for example.

Your Chapter 13 Option
Chapter 13 bankruptcy also discharges debt, but it’s debt you are paying back. You are not eliminating this debt like you are in Chapter 7 bankruptcy nor selling off assets; you are paying it off and not selling anything. If you have an income, Chapter 13 bankruptcy can be a smart option. You stand to protect your home from foreclosure, your car from repossession, your wages from garnishment, and having other valuables taken from you. In Georgia, where foreclosures are a major problem, Chapter 13 bankruptcy can buy you time to pay off your debts and keep your home.

Your Foreclosure Options
Where in some states homes are being foreclosed on at 1 in 800 per month, in Georgia the number is closer to 1 in 250. So every month 1 in 250 homes are being foreclosed on. How can you avoid this? We went over one of your options: to file Chapter 13 bankruptcy. If you file before the foreclosure process is started, the judge will put an automatic stay on all your debts – and this stops collections against you and a foreclosure. If you wait too long, you may still lose the home. You have another option involving Chapter 7 bankruptcy. You might discharge certain debts but continue paying – called affirming the debt – on your mortgage. This way you can both save money and keep your home.

Your Lawyer Options
You have far more options than this, but let’s close with your options in hiring an experienced Georgia bankruptcy lawyer. You can look online, such  as at the Georgia State Bar, found at GABar.com, where you can find many experienced bankruptcy lawyers. You want someone local. You want someone you can afford. And you want someone you can communicate well with. Bankruptcy can take some time. If you hire a lawyer you do not like working with, you can also fire him or her and hire another.


Why Is Unemployment So High in Georgia?

On AJC.com, Henry Unger points out the problem many Georgia residents are facing, that of a spreading wave of unemployment. Why is the problem so big? In the Unger piece, the Labor Commissioner Michael Thurmond is quoted, noting: “Our state’s job market remains weak and employers have not resumed hiring at a pace necessary for recovery.” Thurmond went on to say employers are still hesitant to take on new employees.

Jobs are a major problem in Georgia. Loss of jobs are causing foreclosures. Many are having no option but to file bankruptcy or let their home be taken. 1 of every 250 homes is being lost due to foreclosure. The unemployment is obviously related, as many of us cannot afford a mortgage with an unemployment check.

Without jobs, the economy will be stuck. As of October, Georgia unemployment was still higher than the national average: 10% of workers are unemployed, in comparison to 9.6% nationally. Moreover, it has been this way for much of the past year. In real numbers, almost half a million Georgia residents are without work. And much of these have been out of work the past 27 weeks (Unger points out how over 250,000 Georgia residents have been unemployed for 27 weeks or longer).

What can be done to give life to the economy? Economists are looking at an almost 10 year plan until unemployment can potentially be cut by 5%. It’s projected that by 2018 we may be back down to the historical averages of 5-6% unemployment.

What is causing these problems? Companies are not expanding. Jobs are not being created at the level of demand. Everyone is pinching pennies and this is hurting businesses, which in turn affects us all. It’s a cycle.

There is room to be positive. You still have options even if unemployed. There may be new life in the economy yet. There are still people getting jobs. It may give you time to return to school, specializing in a more in demand field. There is no secret path to be noted, but there is always hope.

If you are unemployed, or employed at a low-paying job, you may wonder about your options if you get a high bill. With many Georgia residents and citizens nationally being out of work, you may lack health insurance. If your job hours get cut in half, you may wonder how you can live in your home.

There are options, and not always bankruptcy. If you want, you can always try and negotiate with creditors before any problems arise. They might, for example, want to garnish your wages, which would obviously put you in some dangerous waters. Creditors want their money. If you file Chapter 7 bankruptcy, they get little of the debt you owe them. Therefore, some are willing to cut interest rates and set up a payment plan.

On the other hand, bankruptcy may be your best option, especially if you are unemployed. A Chapter 7 bankruptcy can discharge that high medical bill you got because of no insurance. Or the months where you had to lean on your credit cards – and accumulated a $20,000 bill – need not be a time where your income is taken. If you own a home, you do have legal rights, especially if you file bankruptcy correctly.

The question may not be about being unemployed. It comes down to staying on top of bills. If you can discharge a debt at the right time, it can change your economic future. Then, when you get a job, you can avoid spending all your wages on interest rates.


Georgia Foreclosure Rates Go Up in 2010 – Bankruptcy Solutions

According to RealtyTrac, a leading foreclosure company, foreclosures went up in July of 2010. And Georgia still has some of the highest rates of foreclosure in comparison to all other states. There were 12,577 Georgia foreclosures in July of 2010. One in every 320 homes went into foreclosure, eighth highest in the country.

Why are so many homes going into foreclosure? And what can you do to avoid losing your Georgia home?

Why Foreclosure?

Why foreclosures are occurring may be for different reasons than you might think. Yes, the housing crisis is a major culprit in the rise of foreclosures nationwide. Yet there is far more to it than that. Unemployment rates are high, many are barely able to afford paying credit interest rates, many lack proper medical coverage, and some have lost thousands of dollars on their homes due to the downward spiral in pricing.

How To Stop It

There are many ways to avoid a foreclosure. In Georgia, with over 1 in every 300 homes being foreclosed every month, the main problem is debt. You likely owe more money on your home than it’s worth. Also, credit and medical debts are increasing, just as jobs are being lost across the state.

You do have options. You can try to sell the home for full value, hoping you get lucky (and you might). You can do what’s called a short sale and sell in order to pay back what you owe; you are selling for less, but will be clear of the debt. You can also get legal protection from creditors and for your home by filing bankruptcy.

Why Bankruptcy?

Bankruptcy gets a bad name. “Only people giving up file bankruptcy” may sound familiar. In fact, bankruptcy can save your home, and it’s your legal right to get help. It all depends on where you stand, and requires some expert financial and legal help. If you want to lose your mortgage debt, and you also have high credit and/or medical debt, filing Chapter 7 may be smart. If on the other hand you believe you can keep the home, but just want some time, Chapter 13 can help. Chapter 13 may be best because it protects you from foreclosure as you create a debt repayment plan you can afford.

Getting Financial Help

This can all get quite technical and requires some financial expertise. You can consult with a lawyer, but you should also consider speaking with some financial experts. This can really help your situation by giving you options.

Getting Legal Help
A lawyer is invaluable if you want to protect your home or discharge debt by filing bankruptcy. Georgia bankruptcy has numerous benefits. Just remember: while you do pay this lawyer money, he or she saves you far more. If you have a $150,000 home in danger of foreclosure, a Georgia bankruptcy lawyer can help you protect it. That’s the main reason for hiring a lawyer: he or she gives you financial protection.


One In Eight Georgia Homeowners Behind On Mortgage

A report issued by the Mortgage Bankers Association shows that 1 in 8 Georgia homeowners was delinquent or in foreclosure in the last three months of 2008.

The association said that 223,000 Georgia homeowners behind on mortgage payments or already in foreclosure was a 16 percent increase from the numbers for the third quarter.

The report also said that homeowners with subprime mortgages were more likely to be having trouble, with roughly 35 percent of Georgia residents with those types of loans either delinquent of in foreclosure. 

With unemployment rates continuing to climb, Georgia’s economic woes are likely to get worse before they get better.

Bankruptcy filings for the 12-month period ending in December 2008 rose more than 20 percent across Georgia. In the Northern District of Georgia Bankruptcy Court, which serves Atlanta metro, the number of bankruptcies filed reached 40,122, up 24.1 percent from the 32,320 cases filed in 2007.

As a bankruptcy law firm, we  recommend that those in danger of losing their home to foreclosure seek advice about a possible bankruptcy filing as soon as possible. Georgia law allows for the foreclosure on your house to go through relatively quickly with little notice to you.

Getting the advice of an experienced Atlanta bankruptcy lawyer can help you keep your home.




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