How to prepare for the end of mortgage payment forbearance.
Submitted by the Bond & Botes Law Offices - Wednesday, June 9, 2021
As America opens back up, the start of foreclosures and evictions are also returning. In this week's Facebook Live, we discuss what the next few months could look like for residents who have missed rent or mortgage payments.
Welcome Facebook viewers. My
name is Brad Botes. I'm an
attorney with the Bond and Botes
Law Offices, The Bond and Botes
offices are located throughout
Alabama throughout Mississippi
and we help people with money
problems. We we know a lot of
you are having a financial
issues this last year. It's
been tough and we've we've
tried to address topics over
the last year, year and a half
that are important to our
clients, our community, people
that make having money
problems. I'm fortunate today
to be joined by one of our
attorneys with Bon and Bods,
Nick Gays, has been with us
now, Nick since 2014, I believe
That's right. Welcome. Thanks
for joining us today. Yes, sir.
Thank for having me. I'm I'm
happy to be here. So, folks, we
have had a number of episodes
over the last several months
dealing with the moratorium
that have been put in place by
our government with respect to
to evictions, respect to
foreclosures. We've talked
about mortgage modifications
but we want to talk
specifically today about the
fact that these foreclosure
moratorium are coming to an end
very soon In fact, if they're
not extended again, the
foreclosure moratorium is will
be coming to an end at the end
of this month. June 30th. So,
too far off. and Nick and I are
going to talk about what that
means. So, let me give you a
little bit of background and
Nick, Nick, you correct me if
I'm wrong but you came to
Alabama in 2003, you lived in
Greenville, South Carolina
before that you came to Alabama
as you attend college at the
University of Alabama Got your
BA in philosophy finished. So,
Nick's a smart guy, folks and
then you went on and got your
law degree also at Alabama
started practicing bankruptcy
law in 2011 and with us. You
know, he's in Florence and in
Hay, Alabama since 2014.
And
we're we're fortunate to
have you. and we're going to
have a conversation and talk to
people about what the end of
the foreclosures, forbearance,
forbearance, the Nick. Is there
anything about your background?
I tried to be the the details
but anything else you'd like to
share with our audience about
you and what you do? You got
all the pertinent details right
there. It's it's a little bit
startling to hear that it's
already been 10 years that I've
been doing this a decade now
that I've been doing bankruptcy
law It seems like it's been a
flash but yeah, ever since the
first day I was a lawyer, in
the law firm, I've been I've
been doing bankruptcy work.
Well, I will tell you if you
think the first 10 years went
fast, I've been doing it for
over 30 years now, Nick and
it's It does go by quickly. Oh
man. But with that time that
we've been doing this work,
we've been fortunate to have
gained a lot of
you and I learning things.
every day, every day. Well,
just just to break down for our
viewers. what I want to talk
about today are number one,
what a mortgage is, you know,
we take it for granted We work
with mortgages every day. We we
know what a mortgage is but
we're going to talk about that.
We're going to talk about what
a foreclosures and how that
process works. We have offices
in Alabama and Mississippi. The
process is fairly similar. Both
states We'll talk about why a
foreclosure happens and how it
happens. and then, we're going
to talk about what the end of
this forbearance period means
for people. Yeah. And and what
options people have So, are you
ready to get started and dig
into this Nick? Yeah, let's go.
Let's do it. Alright. Well,
great. So, I've done a number
of these episodes. We we did
one recently with Alabama Legal
Services Attorney Holly Rae. We
talked about the
moratorium. I did one with and
we talked about the mortgage
modifications but let me give
you a chance. Why don't you
tell our viewers exactly what a
mortgage is, Okay, sure. So, a
mortgage basically is a
contract giving a company a
lender rights in the property
that you are buying Most people
think of a mortgage is one
thing but usually mortgages are
actually two. There's a
promissory note which is the
actual document that obligate
you to make payments to the
mortgage company and then the
mortgage itself is the legal
document that says, if you
don't make those mortgage
payments, then, we the mortgage
lender have rights to foreclose
on that property. That's really
what that really is. where the
foreclosure risk in from the
mortgage. So, it's it's a
protection for the mortgage
company that's lending you
money. It's it's it's a
protection they have. If you
don't make your payments, what
their recourse is and that
recourse in most instances is a
foreclosure
Tell me exactly. what would
lead to a foreclosure based on
your experience in the state of
Alabama. Generally, the number
one thing is is lack of
payment. That's always number
one. If you, if you read the,
you know, the fine print so to
speak in the mortgage document,
it says, if the payments aren't
made on time, that counts as a
default and then any default
will trigger their ability to
foreclose That's the number one
reason Also, if you can't get
insurance on the home, that can
be another reason but
primarily, it's falling behind
on the monthly payments. and
and we should tell our viewers
we're bankruptcy attorneys. We
won't always say positive
things about mortgage service
or our mortgage companies but I
think we can tell people that
the mortgage company does not
want to foreclose on your home.
They they make money by you
making your mortgage payments
every month. so that they
really don't want to take your
home. If avoid it.
The foreclosure process though.
in both Alabama and Mississippi
it is a fast process. You know,
you would think somebody's
going to take your home.
Somebody's going to set your
stuff out on the street that
there might be some court
involvement. There might be a
hearing, an opportunity to
speak your peace but but Nick,
both Alabama and Mississippi
non judicial foreclosure
states.
Can you explain it for our
viewers? Just how quickly
foreclosures can take place in
Alabama and Mississippi have
fairly similar laws. So, I know
you're licensed in Alabama just
how quickly it can take place
and how the process works.
Sure. Yeah. So and just to
clarify non foreclosure which
is what we have just for the
viewers. that means they don't
have to go through the court
system. They don't have to sue
you or anything like that. It's
it's an a process that's that's
built into the law and to
foreclose. Once you have made a
default on that contract and
they market it as a account
that's going to be foreclosed,
they have to notify you and
they've gotta give you about 30
days notice there has to be a
notice run in the newspaper or
or some publication for 3 weeks
in a row and then once that's
been done, they can go ahead
hold the foreclosure sale. So,
you won't only have maybe
thirty to 45 days. Notice how
fast it can go and in that time
period can go by very quickly
and it's it's surprising. to a
lot of our clients that come in
and and they may be facing a
foreclosure
There are some states that have
a judicial foreclosure process.
For instance, if you're in
Florida and in a mortgage
servicer wants to foreclose on
your home and there is a court
proceeding you know, Nick, we
find that although the board of
servicer will send a notice to
you when you're behind on your
payments. A lot of our clients,
you know, you're behind on your
bills, you kind of stick your
head in the sand and you're not
looking at your mail and and
this publication and newspaper,
it usually either in the
newspaper that nobody reads or
in the section of a newspaper
that nobody reads. So, there's
there's very little notice if
you're behind on your mortgage
payments the process can happen
very quickly. So, it's very,
very important for folks to be
proactive if if if you're
having money problems, if
you're unable to make your
mortgage payment, you know,
That foreclosure is imminent.
In most cases. Now, that's kind
of changed over the last year,
Nick because we have had this
period of forbearance is
respect to foreclosures. Tell
our viewers what the
forbearance is and kind of how
that's worked over the last
year. Sure. Well, the
forbearance basically is is
legal forgiveness essentially.
Well, that's not really the
right word. It's it's you to
put off some of your mortgage
payments to a future date and
that was one of the things
that, you know, it's a program
that Congress has allowed
because of this whole COVID
Pandemic and the CARE act that
was passed. So, you can apply
for forbearance with your
mortgage company and they will
defer some number of months
payments. 3 months, 612 and
then, you'll have to deal with
those payments in the future
but for now, you don't have to
make your payments with and
there's no adverse effect Okay.
So folks, the the the period
during which you've kind of
been excused from making your
mortgage payments you know,
these mortgage services could
not in most cases foreclosed on
your home that that's coming to
an end. which means if you
haven't been making your
payments, you need to be
prepared. You need to prepared
to act
are some wonderful modification
programs out there. and we did
an episode a few weeks back and
we talked about these mortgage
modifications and and and you
you mentioned earlier that been
practicing bankruptcy law about
10 years. Well, I was actively
practicing back in 2008 2009
when we had the last issue with
a big uptick in foreclosures. I
will tell you that the mortgage
companies seem to have learned
since that time. Although,
mortgage modifications exist at
that point, the the the system
didn't work really well and
there was just an avalanche of
foreclosures. It wasn't good
for anybody. There are a lot of
empty homes. real estate values
went down, even the mortgage
companies, they had big
inventories of homes. So, the
mortgage services have learned
and they're trying to make
modification programs
available. but what we've
learned people is even if the
modification programs are
available, they aren't
instantaneous. You need to be
proactively trying to modify
your mortgage. You need to be
in touch with your mortgage
company and provide any
information they need Derek. As
Nick said earlier, you know,
while you're doing that, the
foreclosure process slowly
going forward So, so you need
to act soon. I want to say
again that Biden voters law
officers are offering
absolutely free initial
consultations right now and
we'll do them, you know, by
phone. We'll do them by video.
We'll do them however you want.
We'll do them in the comfort
and safety of your home or
office. but be proactive. Reach
out if you're behind. So, Nick,
we do primarily trucks to work
and I think the important
bankruptcy chapter here for
people to be aware of this
chapter thirteen bankruptcy.
Yeah. if somebody's behind on
their mortgage and I haven't
yet been able to modify their
mortgage Tell folks how chapter
thirteen bankruptcy didn't
work. So, chapter thirteen,
bankruptcy is is sometimes
called consolidation. It's all
administered by the bankruptcy
court but the court allows you
to take whatever outstanding
debt you have and roll those
into a consolidation plan. so
you can can do those that same
consolidation with any missed
mortgage payments. If you've
gotten behind on the mortgage
and you owe for several months
and the mortgage company is
demanding that you pay that
whole lump sum right away with
a chapter You can put that
large amount into a payment
plan and pay it out over a
series of months, a little bit
at a time and as long as you
follow that plan with the
court, you are protected from
any kind of foreclosure or
negative action from the
mortgage company.
So,
it's it's a plan that's
approved by a federal court
folks. your mortgage company
doesn't have any option. If
you're eligible for chapter
thirteen and you file a chapter
thirteen before the foreclosure
sale date, the foreclosure
process apps and you're able to
propose a plan to catch up with
you're behind over time. but
the key thing here is for the
foreclosures. So, why is that
important? Nick? Well, because
the foreclosure sale itself has
legal importance. once it's
sold at that foreclosure
auction, that property is not
yours anymore. It's it's
legally someone else's which
means if you file for
bankruptcy protection the day
after the the bank, will only
protect the items and things
that are yours and that house
isn't yours anymore. So, it's
outside of the bankruptcy. You
can bring it back in and and
and take it back from whoever
it was sold to at that
foreclosure auction So, so so
again, folks. be proactive
there. There's a lot of us a
lot of us have gotten behind on
our bills over the last year.
It's nothing to be ashamed
about but you want to protect
your home. you want to protect
your assets to summarize what
we're talking about, the
mortgage is a lien against your
home. when you borrow money to
buy your home, your mortgage
company to protect themselves.
They they take a lien against
your home. They have an
interest in the property that
you end up if you get behind on
your payments, the mortgage
company can foreclose against
your property. That means
enforce that lien and take your
home from you. Alabama and
Mississippi are both non
judicial foreclosure states
which means that that process
through which they take your
home is quick It can take place
in a month or so and it's it's
it's going to vary slightly but
it can happen before you know
it. So, get out in front of
things. The mortgage companies
have essentially been holding
off on foreclosures because
they've been ordered to you by
the federal government. It's
been forbearance in place but
that forbearance is coming to
an end at the end of June. So,
just just a few short weeks. So
and you reach out for help and
be prepared. if the mortgage
company will allow you to
modify your mortgage. the
modification may involve
putting those payments at the
end of your mortgage. It may
mean some kind of slight
increase in your payments
moving forward. There are all
kinds of different types of
modifications and if you can
get one, that's great. but
until you have that
modification locked up in
place, you need to protect your
home and before your home is
foreclosed on before the
foreclosure sale and option may
be getting into a personal
reorganization type bankruptcy
chapter thirteen which will
protect your home. and what
what I want our viewers to know
is when you're in that chapter
thirteen, even then, you can
work on modifications that
that's gives you some a period
of time there to work on that
modification with the
assistance of a good qualified
bankruptcy attorney and the
oversight of a federal
bankruptcy judge that's going
to look at things
I want to step back here for a
second and bring our viewers up
to date as to what we're doing.
and then, when we're done,
we've had some questions come
in. I want to encourage our
viewers. If you have questions,
please submit them and we'll
post them to Nick and he and I
will discuss them and try to
provide answers to you. I do
want to apologize. I've been
told that there's a little bit
of background noise and I'm not
sure what to do about it. So I
apologize that there an echo or
background noise for our
viewers. The and Buddhist Law
Offices have been doing this
Facebook Live episodes for just
over a year now and we try to
address issues of importance to
our viewers and and to the
community that we serve. We
help people with money problems
Last year has been tough. We
know a lot of you are having
money problems. We encourage
you to be proactive. We are all
from absolutely free initial
consultations at all of our
offices with an experienced
attorney most of our attorneys
like Nick have 10 years. Plus,
so many of us, 20 years plus
and some of us old people even
more than 30 years, we've been
doing this type of work but we
want to help you. We in this
field of work because we want
to help people with money
problems. We want to help you
save your homes. We want to
keep your family together and
safe We have done Facebook Live
episodes over the last several
months and several issues of
importance and related to this
topic Today, we had Holly Rae
with Alabama Legal Services on
a few weeks back and we we
talked about the eviction
moratorium which are similar
but different than foreclosure.
Moratorium is evictions have to
do with people that are renting
their homes or apartments how
he did it. It's just, it's just
an excellent job of going over
tenants rights and and how to
protect themselves. We had
eager Wright board and I've
butchered that name so, I
apologize who's a managing
director at streator to talk
about mortgage modifications
and programs that are available
for people while they're in a
chapter thirteen bankruptcy
court approved with the
assistance of your bankruptcy
attorney Last week, we did
something different. It's
Memorial Day week and we had a
special guest. We had recently
retired Carnival, Laurie
Rasmussen who served many many
years in the Air Force and we
talked about the meaning of
Memorial Day and her
perspective as as a member of
the military and somebody who
served in the armed forces of
our country for a long time.
folks, This Facebook Live
episodes are available both on
our website and on our Facebook
page. So, if you know somebody
that may be behind on their
mortgage payments, if you know
somebody that is having
financial issues, please
consider sharing this episode
with them. pass it on to them
so that they can hear what
Nick's had to say. so that they
can understand what their
rights are and how they can
protect their homes. today
Again, I have one of our
attorneys here at Vons, Nick
Guy who has been with us now
over 10 years. I've been
practicing, I'm sorry,
bankruptcy law for over 10
years. You've been with us
since 2014. So, Right at 7
years Now, Nick's in our office
in Florence, Alabama and also
there's some work in our office
in Hay, Alabama Nick's a smart
guy. Good guy. and he like rest
of us is offering absolutely
free initial consultations
right now and please feel free
to reach out to us if you need
help and and we'll schedule one
of those absolutely free
initial consultations for you.
We're talking today about the
impending end of the
foreclosure moratorium period.
our country's pulling out of
this pandemic right now. Things
are getting better. If we're
not doing episodes about
wearing masks or vaccinations
right now because hopefully,
most of us have been
vaccinated. We're on our way to
recovery but as we pull out of
this, we're having to, you
know, face the music. if we've
been unable to make mortgage
payments or keep them current
over the last year, that period
of time in which we were
protected from a foreclosure on
our home is coming to an end
and Nick and I gone through.
What a mortgage is, what a
foreclosure is, what causes a
foreclosure, what the
moratorium has been in the fact
that it's coming to an end how
you may be able to modify your
mortgage and if you need some
time in order to make sure that
modification kicks in and our
chapter thirteen verse to the
organization bankruptcy can be
of assistance Nick. We have had
a few questions that have come
in here from our audience and
if if you're ready, I'm I'm
going to, I'm going to give
those to you and we'll try to
address them. Absolutely. So,
so the first question is, if
I've missed my mortgage
payments and I disqualified
from refinancing my loan,
Not necessarily.
That's actually one of the big
reasons why we see a lot of
people do refinancing in the
first place. You can take
whatever those are and then
roll that up into the remaining
time of your mortgage. Maybe
add some more time. You may
wind up adding, you know, two
or three more years on the end
of your current mortgage term
but that has the effect of
getting you back to current.
So, basically, you you you put
all that down the until it's
stuck on the end and then you
just resume your normal monthly
payments starting there. And
excellent advice. I want this
person asking this question to
understand exactly though the
difference between refinancing
your mortgage and modifying
your mortgage. refinancing and
and I think I think Nick, you
are exactly on point with what
this individual was asking. I
may get a bleep on the screen
here if if not but the concern
was Can I redo my mortgage? if
it's that existing mortgage and
you need some help with it?
Yes, that would be requesting a
modification and exactly what
Nick just said would take
place. Hopefully, the mortgage
company would enter into an
agreement with you to put those
payments at the end or somehow
to adjust your payments to help
you get caught up A refinance
is is usually taking out a new
loan paying off existing note
and mortgage. and starting all
over again. That's a process
that's often available and no,
you're not automatically
disqualified. It's going to be
more difficult, frankly, to
refinance if you're behind on
your payments. So, the first
thing you want to do is exactly
what Nick said and let's look
at modifying the existing loan
but but don't don't put it off
Don't wait. You know it's it's
time to act now. Reach out for
help and to understand what
your rights are.
So, I think we addressed this
next question, Nick but maybe
we didn't do it well enough.
The person here is asking if I
can't make my missed payments.
is the mortgage company going
to foreclose on my home?
I think. yes. I think if
there's not really a
forgiveness provision,
forbearance, you know, means
that you will, you will pay
those payments just at some
future time but if you have
missed payments that you just
cannot make eventually, they're
going to try foreclose if
you're not able to bring that
account current again, Yeah,
it's it it will happen. again
if you're not practicing the
the the result of not making
your mortgage payments. is that
the mortgage company may have
no other option but to
foreclose on your home, You
don't want that to happen and
that's why you need to be
proactive. I keep saying this
folks but I know after having
done this for so long when you
get behind on your bills, when
you get behind on your mortgage
payments, you tend to just
cover up and stick your head in
the sand and you want it all to
go away. Yeah. But it's not and
it's not going to fix itself.
Don't Don't let that stress and
anxiety be negative. Don't
don't, you know, make it cause
you to argue with your spouse.
Don't cause it to keep you from
sleeping. Use that to be
proactive. We want you to know
that there are options Don't
wait to the last minute. Don't
wait till you get that
foreclosure. Notice if you're
behind reach out to the
mortgage company. and document
everything. Provide everything
they ask for and ask for a
modification before they
foreclose If that process is
not working quickly enough. If
you can't get a forbearance in
place, then, reach out to one
of our offices and we can help
you with a personal
reorganization. Chapter
thirteen, bankruptcy which
stops the closure. It's not up
to the mortgage company at this
point. It stops the
foreclosure. There's just a
wonderful thing in the
bankruptcy world caused it
called an automatic say that
stops all collection activity,
foreclosures, repossessions,
coalitions, everything. You're
protected. everyone We can help
you get that into place often
with very little or no money
down and give you a chance to
breathe and work towards that
modification. You know, we'll
we'll help you with that
modification process at that
point. and if I'm if I can,
there's there's one thing I'd
kind of like to emphasize in
what you've just said. You you
advised everyone to document
the process of applying for
that modification and II would
like to just chime in on that
and say that's very important
to make a copy of anything that
you've send to the mortgage
company. There are many
occasions where I've spoken to
clients who have said that they
have tried to go through the
modification process two or or
even four times and every time
they're denied because the
paperwork got lost or the
mortgage company says they
didn't receive the paperwork in
enough time and if you don't
have a copy of what you sent,
then, you've gotta wait to get
original versions of those
forms and fill all that out all
over again and as long as you
have copies, if if anything
goes wrong, you can put a copy
in the mail straight away. So,
be sure and document whatever
you do with your mortgage
company great, great, great
advice. and write down names.
You know, if if the person
you're talking to with the
mortgage company will give you
their name, write it down.
Sometimes, they want to use
some other identification
operator number or something.
Write it down. You know, I put
the time of your phone call the
number you dialed or the number
that the call came from. If you
mail something, get one of
those green cards at the post
office and send it certified
mail so that you can prove that
you actually sent the documents
and you know the days where
your mortgage was maybe held by
the local bank down the road
and you could go and and talk
to your loan officer face to
face that's getting more and
more rare and nowadays, those
these mortgage servicers are
are massive national
corporations and you know, they
don't they don't know you
necessarily more than just an
account number. So, you gotta
you gotta protect yourself in
that way. Yeah. You know, Nick,
this is just as This is one of
the things I am hoping has
changed over the years and that
mortgage services learned with
what happened back in 2009.
2010. You and I hear these
stories all the time. They ask
for pay stubs. I send them pay
stubs, they ask for tax
returns. I send them tax
returns. Something else we hear
is that every time I call the
mortgage company, I talk to a
different person and one person
doesn't know what the other
said, You know, a very
interesting when I did the
episode, a few weeks back with
Eager
with Strat Nick, he talked
about a really what I think is
a cool new platform that's
being set up that will create a
direct portal between chapter
thirteen Bankruptcy attorney
and the mortgage servicer
we will be able to communicate
through the portal. know
exactly what needs to be
sedated, know exactly what the
status of the modification is.
and and hopefully make that
modification process much more
easy for our clients but again,
folks, that's something that,
you know, we can do after you
get into the chapter thirteen
to protect your home and we can
help you work on that
modification I am Nick. I'm
cautiously optimistic that the
mortgage companies are really
going to work with people. This
go around as the as the
forbearance period ends instead
just quickly initiating
foreclosures again that they'll
work with people But but I want
our viewers should know as
optimistic, as cautiously
optimistic as I am. We've got
to protect your home We have
experienced attorneys in the
Biden voters Law Offices. The
consultation is free. At least
reach out and understand what
your options are. Talk to an
actual attorney. Don't trust
Google. Don't trust your wife's
cousin who used to be involved
in anything. you know, reach
out to an experienced
bankruptcy attorney with the
founding of law offices and
we'll help you understand
exactly what your are So, this
person wants to know Nick. I
haven't been making my mortgage
payments. Apparently, this
individual hasn't. The
forbearance periods ending This
person wants to know. well, I
have to make all of my payments
at once.
That's possible you may I've
heard of different mortgage
companies handling that in
different ways that your
particular mortgage company may
be willing to set up some kind
of plan or or offer you an
option for a modification in
some way but they don't believe
they have to. I think once the
forbearance period is over,
they they can demand all those
payments to be made and and and
and that's exactly right. Under
Alabama law, you're behind on
your mortgage and you know,
there people out there talk
about. Well, I'm I've gotta be
two payments or three payments
or four payments behind before
foreclosure. Technically, the
day you missed your first
payment, the mortgage company
can foreclose because at that
point, you're in default on
your mortgage
pre-pandemic. I would say,
Nick, our experience was
usually probably had to be
three, four payments behind at
least before a mortgage would
normally initiate foreclosure
proceedings. Everything's
different now. A lot of you I
know are a lot more than 234
payments behind and if you are
behind or you haven't put a
modification in place. One
that's been approved by your
mortgage lender. then, yes, all
payments can become due at
once. and if you don't make
them to the, that foreclosure
can go forward. So, again, if
either you or someone you know
is behind on their mortgage
payments and encourage them to
listen to what we're saying
today and understand what your
rights are, first, try to get a
forbearance work with the
mortgage company to try to get
a forbearance in place.
document everything but but if
you get a notice of foreclosure
sale,
It's probably too late to still
be working in a forbearance.
It's time to reach out and talk
to an experienced bankruptcy
attorney about how to protect
your home during the interim
and and how their neck or I or
any of our colleagues would try
and offices will be glad, you
know, to to do an initial free
initial consultation with you.
Just go to our website or call
our offices and we'll set up
that appointment. You know,
Nick's is something else. I've
I've I've heard of people put
off coming to see see us even
though they know a foreclosure
sale. has been scheduled
because the person they're
talking to about a modification
says, I don't worry about that.
We'll get this modification in
place You've heard that I
imagine. haven't you? Oh, yes.
Yes, I am. and and the problem
is not just said, you know,
these companies are so big.
They have so many employees You
know, it's it's my mother used
to say the left hand doesn't
know what the right hand is
doing. So, one individual and
one department that's trying to
work with you on a modification
may be doing that but somebody
in another apartment has
already sent it to an attorney
and that attorney is
aggressively moving forward in
a foreclosure An important
point you made earlier, Nick is
you know, not just a day after
the foreclosure sale a minute
after the foreclosure sale in
Alabama A chapter thirteen is
no longer going to help you.
You can't save your home at
that point to a chapter
thirteen So, it's important to
get to an attorney as far in
advance of the foreclosure sale
as possible. and Nick,
unfortunately, you and I both
had people contact us a day or
two before the foreclosure sale
and although we'll try to help
the point, it's tough. We we
really need as much time as we
can. It's tough It's when
you're doing something like a
chapter thirteen. You really
can't throw it together at the
last minute. there are
emergency petitions. It's
possible but you know, a normal
chapter thirteen petition is
going to run anywhere from
fifty to 75 pages. These are
these are big documents that
all have to be accurately and
quickly with the court and it's
it's hard to get the
information you need to do that
in 24 hours. and I think the
key thing you just said is to
do it properly
and this is something else I
really want to underscore for
our viewers. you can say I'm an
experienced attorney. I've been
doing this for over 30 years. I
guess what it really means is
that I'm an old attorney and
and one thing I've seen over
the years is whenever there's a
downturn in the economy when
when something's happening
that's, you know, going to
cause people perhaps seek
bankruptcy protection There are
a lot of attorneys that say,
well, I'm going to start doing
bankruptcy work and I'm going
to start trying to earn a
living here by by filing
bankruptcy petitions. I don't
want to say anything bad about
any other attorney but if you
make the decision to file
bankruptcy there, there will be
good results. There will be bad
results. It's going to be one
of the most important decisions
you make in your life. It's
going to be with you for a
period of time. You want to
make sure you choose an
experienced and qualified
bankruptcy attorney that has a
good reputation You are in
Alabama or mississippi III
encourage you to reach out and
ask. We've been helping people
in Alabama and Mississippi for
over 30 years with the
financial problems and and we
make a point of doing it,
right? People If you come in
and you're facing the potential
loss of your home or the
potential loss of your vehicle
or in a situation where
bankruptcy may be important to
you, we're going to treat you
like we treat our own family.
We we don't do this work
because you know, of our bottom
line, we do this to help
people. I've said to people
more than once, It's really
almost like a ministry when
people have financial problems,
it's a tough time. It's a tough
time and we're not going to
judge you. We're going to help
you get out of that bad
situation can help you come up
with a plan. The bankruptcy
code exists to give an honest
debtor a fresh start and Nick,
I know like me and there's
really, you know, somebody
comes into your office for an
initial consultation today,
talking to them on the phone
and and they're cheerful and
you can tell they're they're
going through a tough time.
There's really no better
feeling than helping them come
up with a plan I imagine you've
probably had some experiences
like that, haven't you? Oh,
yeah. Many times That's that's
why I'm still here and that's
why we're doing this job for
days like that. Those are the
days make it worth it, you
know, because because it's not
easy. You know, don't we don't
we don't do this type of law
because it's simple and quick.
It's complicated stuff but you
know, these are these are
rights that people have that
that not many people
necessarily know they have and
to be able to to show people
that and and help people out of
those are really tough times.
That's the best It really is
and and
again, I think Nick's just said
it. Well, that's that's why I'm
still here to doing this after
a long time. What we're we're
doing this is we want people to
know what their rights are. We
want to protect them from their
creditors and we want to give
them a chance to you know, not
only hold their finances
together to hold their family
together, hold their life
together, and to turn things
around and to get out from
under the financial burdens
that they're facing.
So, this next question a
particular politicians named
and I'm not going to let this
get political but I don't know.
Let me rephrase this. Nick, do
you think that there will be
any additional mortgage
forbearance is granted or any
additional stimulus packages
going forward?
I'm of two minds about it to be
honest III feel like as you
mentioned earlier, we we are
kind of coming out of this and
I think there is a big push to
to get back to normal. You
know, the the last time there
was an extension There was an
extension to the CARE act which
occurred. I think it was just a
few days before that acts
provisions were set to expire
back in back in March. So, I
wouldn't be surprised if
they're the last minute
extension on some of these
provisions but at the same
time, you know, I'm kind of
thinking that the the
prevailing feeling is one of
you know, wishing it were so,
you know, if if we have to have
more extensions and that means
there's still a problem if we
don't pass any more extensions,
that's a sign that things are
getting better whether they
whether they are or not. I
don't know. I don't know how
politicians think. Yeah, yeah
II. Don't think either of us
do. In fact, I don't think they
do sometimes. I emphasize in
this point to our viewers but
you can't sit back and and just
wait Now is the time to pull
yourself up to be proactive and
to reach out for help. Mortgage
servicers want to help you with
mortgage modifications.
Congress president want to help
you. They they've enacted these
forbearance programs that have
been in place for some time.
Stimulus payments have been
available but we really don't
know if there's going to be
more relief going forward. You
can't rely on that. You need to
take action on your own Pick up
your phone or or go to your
computer and go to our website
Call us fill out a form on our
website and we'll call you
schedule a free consultation.
It doesn't cost you anything
and you'll talk with an
experienced qualified attorney
that wants to help you and
you'll know what your options
are and and how things will
happen if you do decide to seek
some sort of bankruptcy
protection moving forward, You
know, Rick, Nick, I'm sorry. a
lot of people are making that
phone call and reaching out for
help from a bankruptcy attorney
is a really tough thing to do.
You know, I think there's a
misconception out there that if
I filed bankruptcy, I'm not
going to be able to get any
credit for the next seven to 10
years and in my credit is going
to be ruined. What would you
say to those people that that
are letting that keep them from
reaching out for help right
now? I would say that that at
this point is a little bit of
an urban legend. with the the
overhauls that have been done
to the bankruptcy code and and
modern day, you know, credit
systems, you will for sure take
a hit to your credit but it's
not going to last you for years
like it may have. If you had
filed back in the 80s or 90s
generally in in everyday
practice from what we see. you
know, when a when when a person
is getting out of a bankruptcy
their credit is wiped clean.
That's part of the effect of
the case and you can probably
to be able to use credit again
even for big purchases like a
car probably within about a
year to twelve or year to 14
months somewhere in that range.
It's
the again. I'm the old
attorney. I do remember, you
know, filing bankruptcies back
in the 80s and 90s and I do
remember how difficult it was
to rebuild your credit. That's
not at all the case today. In
fact, you know, where I spend a
lot of time helping people
rebuild their credit years ago.
Now, what we can try to
emphasize that you don't want
to get into this trouble again
credit will come fairly
quickly. Credit offers will
come fairly quickly but they're
not going to be necessarily the
best offers. They have to be
the lowest interest rates right
off and it's easy to get in
trouble. again. One, you know,
I always make this point, Nick,
people are worried about the
impact. bankruptcy is going to
have on their credit. right
now. You know, if you haven't
been making your mortgage
payments, if you're behind on
your bills, your credits
probably already in bad shape.
Number one. Yeah. And number
two, bankruptcy. You can
rebuild your credit fairly
quickly after a bankruptcy. So,
people say, you know, what?
What's the worst thing that
happens when I file a
bankruptcy? I'll tell you that
the negatives that they can
happen is you can't file
another of see right away and
that's especially true now with
changes that have been made
over the last couple of
decades, we've had a bankruptcy
laws. You know, if you decide
that you Defiling chapter
seven, bankruptcy. The biggest
thing you're going to lose is
your right to file another
chapter seven bankruptcy and
get a discharge for 8 years.
So, all the more reason to be
very careful with your credit,
it's going to be there. You
just want to be careful with it
going forward. like that.
Chapter seven bankruptcy
chapter thirteen a lot more
flexibility If you follow
chapter eighteen and you get
behind on your mortgage
payments again after you file
we can often help people but I
modify your plan and get them
caught up on their own
payments. or if or if you're
chapter thirteen is dismissed
without a discharge, you're
usually eligible to refile.
There are some exceptions You
want to talk to an experienced
attorney but there's really no
reason not to reach out for
help right now.
Nick. I've I've got one more
question I'm going to ask you
but before I ask it, I'm just
going to give you a warning
here. I always wrap up this
Facebook Live episodes by
asking my guests if if there's
anything that I missed or
anything important that they
want to say. So, I'm just
warning you about that in
advance right now.
This next question here is how
much will it cost to file a
chapter thirteen bankruptcy?
I'm Nick. answer that for our
offices in Florence and Hay.
but before he does it, I want
you to know that each of the
court systems before which we
practice are a little bit
different and the amount of
money if you're going to pay
any money at all before your
bankruptcy is filed, it's going
to be a little bit different.
but Nick, why don't you, if
somebody comes to see you in
your office in Florence or if
you're in our office in Hay,
typically, what's at a cost to
file a chapter thirteen
bankruptcy. typically to to
file it would cost 100 $100 out
of pocket. Now, that that is
not for our attorney's fees for
hiring us or the court. You can
put all of that into the
chapter thirteen to be paid out
over time but there are certain
things you have to do to
prepare yourself to be able to
file including taking what's
called a credit counseling
courses and so that's what that
$100 cost is for. you know, and
that kind of goes back to the
point I guess you were making
earlier again about how you
know, some attorneys when they
see a downturn in the economy
will try to jump in to filing.
There are there are multiple
things in the process of filing
that have to be done even
before you file in order to
have a successful case and so
if if you don't know those
things and you just jump in,
you're you may have no hope of
having a successful case. if
you you didn't, you know, have
someone advising you and
preparing you to get that
started You know, Nick, you're
right in every year at the end
of the year, the the law school
down in Tuscaloosa, they asked
me to come down and give a talk
to attorneys. to continuing
legal education program and at
this particular seminar, it's
it's for people that have not
gotten their continuing legal
education hours in throughout
the year. So, they're not
necessarily bankruptcy
attorneys and I'm just giving
an overview of the bankruptcy
laws. I will, I will say that
by the I go through with other
attorneys, all the steps
necessary. to get a chapter
thirteen filed and the credit
counseling that the financial
management course, the means
test collection of pay stubs
and tax returns that most
attorneys that don't do this
work regularly at that point
shake their head and they
realize this is this is an area
where you need somebody that
specializes in the field Let me
let me expand upon chapter
thirteen attorney's fees just a
little bit just to cover really
all of the jurisdictions in
which we practice What what
Nick told you and he was
careful to say this, the amount
of money you pay upfront is
usually going to be very small
and in many of our offices will
file a chapter thirteen with
absolutely no money upfront.
You may pay the credit
counseling company to complete
your credit counseling doesn't
mean that there isn't an
attorney's fee. We are, We
apply for a fee that is paid as
part of your plan of
reorganization. The amount
we're paid is going to vary and
you know, I always tell people,
if you really look at Howard
chapter thirteen works, it's
usually not even you making the
payment because it as we both
know from crafting a plan
people pay their disposable
income into the plan and
whatever is to us and fees is
simply money that's not going
to their creditors. So, I tell
people, it's a great way to get
your creditors to pay for your
bankruptcy attorney There are
options available. People reach
out. Nick, I want to be
respectful of your time. We're
we're nearing an hour here. I'm
grateful not only for today.
I'm grateful for everything you
do for our clients every day.
Folks, Nick is is a person that
cares about the people you
represent. and he's smart. I
learned things from Nick. He
does a great job with our
clients. So, it's so in
conclusion here, Nick, what
what what may we, what may I
have left out here? What's
important for people to know
that are watching this video
right now? Well, I don't know
that you left it out. I would
like to I guess retouch on one
of the things you mentioned
kind of at the beginning kind
of kind of in in keeping with
it being June here now, I think
should be aware that you have
options to apply for a mortgage
forbearance. if that's causing
you trouble but the deadline is
rapidly approaching. Also need
to be aware that the moratorium
on foreclosures is rapidly
approaching and when that is
over, you may find yourself in
a situation where you're
getting, you know, immediate
demand letters from the
mortgage company asking for
payment in full and if you are
facing a lump sum payment that
you cannot do, that you don't
know how you're going to
manage, call us because we can
talk you through what your
options are for how you have
various ways to handle that
either through a chapter
thirteen or we can help try and
explain your options as far as
a modification or refinance.
You know, if if there's a way
that we can help you and have
to file a bankruptcy case,
we'll absolutely talk you
through that and help you
figure out a way to do that but
you need to be aware of what
your rights are and what
abilities you have to kind of,
you know, fight back so to
speak against the mortgage
company that's that's trying to
take your home You know, what
you just said there. I really
think makes us unique really
not only for any practice law
but really any business you and
I make a living primarily by
filing bankruptcies for people
but if somebody comes to see
one of us, our first Objective
is to keep you out of
bankruptcy if we can and it
really is Bankruptcy should not
be your first option. If we see
other options out there, that
make sense, we're going to
counsel you to to explore those
options and and to do what you
can to avoid filing a
bankruptcy We're going to do
our best to take care of you
and if a bankruptcy is
something that makes sense to
you, we're going to do job at
catering to your needs To all
of our clients are different.
Everybody has different needs.
We're going to look at your
situation and we're going to
help you get the fresh start
that you're guaranteed by the
laws of our country.
I think, you know, just from
listening today is somebody
that cares about people, cares
about our clients is
knowledgeable with respect to
the law, you will find that
with all of our attorneys at
the Bo Bo Law Offices, we take
pride in doing things right and
we want to help you if we can.
In summary, you give a mortgage
on your home when you buy the
home so that if you don't make
the payments, the mortgage
company can take your home
back. If you're behind, that
means you're in default on your
mortgage, The mortgage company
can't foreclose and in Alabama
and Mississippi, that
foreclosure process is quick.
It's usually just over a month,
you know, maximum of 2 months
from start to finish from when
you're Do you no longer own
your home? Number three right
now, many of the mortgage
services are offering
forbearance programs. If you're
behind, see if if can't get a
forbearance in place on your
mortgage, the period within
which to do that is coming to
an end rapidly. There has been
a moratorium in our country and
most mortgage foreclosures.
It's coming to an end at the
end of this month. At the end
of June of this year, and if
you don't have a modification
in place, a chapter thirteen,
personal reorganization,
bankruptcy may make a lot of
sense for you. If you're in one
of these situations, if you're
behind in your payments, please
reach out to us. We're offering
absolutely free initial
consultations. We'll do them
from the safety of your own
office. We'll do them by phone.
We'll do them by video. We want
to help you From all of us at
the Bon and Law Offices, on
behalf of Nick, on behalf of
myself, god bless each everyone
of you. We're here if you need
us and we'll see you again next
week. Thank you, Nick. Yes,
sir. Thank you very much.
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