What Do You Do Before You Sue?

Notice & Cure Provisions in Home Mortgages – instructions on what to do before you file a suit against your lender.

Notice and Cure Provisions in Home Mortgages – What do you do before you sue?

By Attorney Peter Francis Geraci, J.D.

It depends. Individuals may consider bringing claims against their mortgage lenders under federal statutes such as the Truth in Lending Act, or the Fair Debt Collection Practices Act, and state statutes such as the Illinois Consumer Fraud and Deceptive Business Practices Act.

But, before you sue, what do you do? Read the mortgage! Many have provisions that have to be followed, or your lawsuit will be dismissed. Examples are “notice and cure”, and “mandatory arbitration”.

In Wortman v. Rushmore Loan Mgmt. Servs. LLC, No 19C2860,(N.D.Ill. Oct 16, 2019) plaintiff’s case against their mortgage service for sending them collection notices after bankruptcy discharge was dismissed. Why? Their personal obligation on the mortgage was discharged in Chapter 13, but only the personal obligation to pay the debt, not their obligation to comply with the terms of the mortgage.

In other words, a mortgage does not disappear because of a bankruptcy discharge. A mortgage servicer can send letters about filing a foreclosure suit to take the property back, and file a foreclosure suit.  All that a bankruptcy discharge does is eliminate the obligation of the discharged debtor to pay anything on the debt. It does not eliminate the other rights of a secured creditor, such as foreclosing on real estate, or repossessing a vehicle.

Not only do “liens”, or interests in property, survive discharge, but so do clauses in such lien documents and notes. That means that, if after discharge, a person wants to file a lawsuit against a creditor who still has a lien, they have to comply with those clauses.

What is a “notice and cure” provision? It says “a party who is in default is entitled to notice of the default, and a period of time to cure the default, before the other party may accelerate the contract and demand full payment, or foreclose or repossess”.

What is an “arbitration clause”? It says “if the borrower wants to make any claims against the lender it must do outside of court, in a proceeding involving appointed “arbitrators”.

Some cases hold that these clauses prohibit a lawsuit, unless the borrower first complies with them. Some cases hold that these clauses are not effective in a consumer protection lawsuit. In the Wortman case, the judge dismissed plaintiff’s case under FDCPA because the mortgage survived, and so did the “notice and cure” provision that required the borrower to give notice to the mortgage company before borrower filed suit.

So, what do you do before you sue? Read the document that established the relationship between you and who you want to sue. It may require you to arbitrate instead of go to court, or to give notice of your intent to sue. Those clauses may or may not prevent a suit, depending on what your claim is. But one thing is for sure: liens pass through bankruptcy, and so do the documents creating them, and so does the fine print in them. Bankruptcy only discharges the borrower’s obligation to make payments. If they don’t, the creditor can take action to get their property back.

This can work against mortgage lenders and car owners, but it can work in their favor also. After a discharge in either Chapter 7 or 13, a debtor can file a Chapter 13 to cure a mortgage default, even if the personal liability to pay has been discharged. The U.S. Supreme Court, Johnson v. Home State Bank, 501 U.S. 78 (1991) rule that, after discharge in bankruptcy, a debtor can file a Chapter 13 to cure a mortgage default, even if their personal liability on the mortgage was discharged.

This ability to file a Chapter 13 to cure mortgage default also works for people who are not on title to the property, but only have an inheritance interest. If mom dies without a will, an heir can file a Chapter 13 case to cure mortgage arrears, force the mortgage company to accept payments, and prevent foreclosure.

Thankruptcy

Geraci Law clients love Geraci Law and credit scores so much so that after filing they do not say bankruptcy, they say THANKRUPTCY. 

Thankruptcy

Geraci Law clients love Geraci Law and credit scores so much so that after filing they do not say bankruptcy, they say THANKRUPTCY.

We have over 25 offices in Indiana, Wisconsin and Illinois close to home AND work. Geraci Law staff make the process HASSLE-FREE. The goal is to change a person’s life for the better.

Geraci Law clients get:

  • Client Corner access. A web portal with direct access to case information AND their attorney and Geraci Law team.
  • Same day or next day appointments. Geraci Law is always available to handle your case.
  • Communication – Geraci Law does NOT have voicemail. You can call us, text us or message us and you’ll get a FAST response.

Check out the new Thankruptcy video below:

Dial 1-800-CALL-PFG for a free phone mini-consultation, or make an appointment online 24/7 at www.infotapes.com.  Bankruptcy laws are in place to help you.  Who knows bankruptcy like Geraci Law?  Geraci Law has 25,000 5-star reviews 5starsince November 2016!

Read ALL ABOUT DEBT RELIEF at www.bankruptcybookbypeterfrancisgeraci.com.

Being Sued? Call Geraci Law Today!

What is a lawsuit?   It’s a bill collector asking a court for a JUDGMENT!  Why do creditors hire lawyers to get a JUDGMENT?  lawsuitBecause then they can use the Court to COLLECT!!  First they hire the sheriff to serve you with the complaint.  If you don’t have a defense, they can then get their JUDGMENT!

How do creditors COLLECT?  First, they may record the judgment with the County you live in or have property in.  Then it becomes a “lien” or “right to collect when sold”.  That means they can sell your real estate, or personal property!!!  Serious!

Next, they can ask your bank or employer to turn over your money or paycheck!  Whooops!

How can you stop a lawsuit or judgment?  Pay them!  If you can’t pay them, get a free phone mini-consultation with Geraci Law.  Chapter 7 can eliminate debt. Chapter 13 can consolidate it into an affordable payment plan. Geraci Law will review your BEST option to stop the creditor action. We know you might be nervous or embarrassed. Don’t be. Geraci Law is here to help. We do not judge – we STOP judgments from creditors.

Hwoman happyere’s an example showing how Geraci Law can help…“I came in to this office worried and scared because of the amount of debt I was in and the possibility of law suits consuming my life. When I arrived I was greeted and immediately felt welcomed. I was a bit unprepared and nervous but Geraci Law made it a simple and smooth process! They were very understanding and did not judge or condemn me for what was going on. Geraci Law simply offered words of encouragement and explained my options to help! I’m so glad I came!!

Dial 1-800-CALL-PFG for a free phone mini-consultation, or make an appointment online 24/7 at www.infotapes.com.  Bankruptcy laws are in place to help you.  Who knows bankruptcy like Geraci Law?  Geraci Law has 20,000 5-star reviews 5starsince November 2016!

Read ALL ABOUT DEBT RELIEF at www.bankruptcybookbypeterfrancisgeraci.com.

Stop Foreclosure – Can Geraci Law Help You?

Do you want to keep your home? Can you afford the home but not the arrears in a lump sum? Geraci Law helps thousands of people save their homes.

Do you want to keep your home? Can you afford the home but not the arrears in a lump sum? Geraci Law helps thousands of people save their homes.

House

Can Geraci Law save my house?

We’ve helped thousands with a Chapter 13 interest free repayment plan that spreads your mortgage arrears over a 3-5 year plan. At the end of the bankruptcy, you’ll discharge any unpaid debt like credit cards, medical and be current with your mortgage.

“What about “loan modification”?   Don’t fall for scams.  Don’t pay any money for help.  Deal direct with your lender.  When you do, expect

o   they won’t reduce the amount you owe and rarely the interest

o   your term will go from 15 to 30 years, you will never own the place

o   it is usually a scam so you don’t pay while applying, and then they foreclosure

What do I do?  If you are behind in your mortgage, call Geraci Law to

o   eliminate or consolidate OTHER debt so you can pay your mortgage

o   stop foreclosure and pay past due amounts over 3 years or more

Loan modification scams:   just search on “Legal Helpers Debt Resolution” or “Morgan Drexen”.  Don’t be scammed! Call Geraci Law. Never send money to an internet scheme.

How does Chapter 13 help with mortgage foreclosure or past due mortgage payments?

  1. It forces your mortgage company to accept your payments going forward
  2. If forces your mortgage company to accept payments on arrears
  3. It consolidates your vehicles and debts so your mortgage gets paid first

How does Chapter 7 help with mortgage foreclosure?  It could eliminate your other debt to free up your budget to pay the mortgage.

Is it too late to save my house? Ask Geraci Law!  Geraci Law can file a case in as little as ONE day BUT you shouldn’t wait until the last minute. Sooner is better than later!

Dial 1-800-CALL-PFG for a free phone mini-consultation, or make an appointment online 24/7 at www.infotapes.com.  Bankruptcy laws are in place to help you.  Who knows bankruptcy like Geraci Law?  Geraci Law has 20,000 5-star reviews 5starsince November 2016!  Read more at www.bankruptcybookbypeterfrancisgeraci.com.

Anything…But Bankruptcy?

Why do people waste all their money on phony debt consolidation frauds, give their pensions to pay day loans, and walk away from their houses, instead of getting bankruptcy protection?

Why don’t more people file bankruptcy?  Because they are either ill-informed, or ashamed to be in need of help? NOOOO….. They think the CURE is worse than the ILLNESS!

FMegaphone Hand, business concept with text Get Out of Debt, vector illustrationor the same reasons, some people actually kill their spouses instead of getting a divorce, or suffer and die of cancer instead of going to the doctor.  They drive their car with the red engine light on until it blows the engine.  Many people will do the opposite of what is good for them.

 

So don’t be afraid:  get a free phone or office mini-consultation BEFORE you take your pension 401K or savings and give it to some bill collector.

Here are some satisfied clients who did exactly that!

5star “I am well pleased with the Geraci Law firm that assisted me with the utmost respect and integrity! They made what felt like to me the most tragic and embarrassing time of my life easier with their fast knowledgeable expertise! Thanks again, Geraci Law Firm!!!”

5starWhen I first started my Chapter 13 I was very nervous, but your staff was so helpful. So 5 years later I am so grateful for Peter Francis Geraci and all his staff that helped me through this process which by the way went by so fast. My life has changed, it’s a great feeling!!

5starI went to Geraci because I was falling behind on bills accumulating debt I talked to them they told me no worries we will take care of it. They’ve been working with me even when I couldn’t afford the payments they gave a different alternative which better for me! I’m telling you these guys are the real deal they know what is right for your you! Trust me they are super nice and friendly answers any questions you have go see them today for any of bankruptcy needs THANKS GERACI LAW!!!!

Dial 1-800-CALL-PFG for a free phone mini-consultation, or make an appointment online 24/7 at www.infotapes.com.  Bankruptcy laws are in place to help you.  Who knows bankruptcy like Geraci Law?  Geraci Law has 20,000 5star reviews since November 2016!

Read more at www.bankruptcybookbypeterfrancisgeraci.com 

Bankruptcy Isn’t Personal – It’s Business

Donald Trump never filed for bankruptcy. Trump’s companies have. He utilized laws in place to protect himself and reorganize his company’s debt.

The most recent bankruptcy filing was in 2009. Trump was elected President of the United States in 2016 showing people did not care about the financial distress. He used bankruptcy as a tool to restructure for future success. When asked about bankruptcy, Trump said, “Basically I’ve used the laws of the country to my advantage and to other people’s advantage just as Leon Black has, Carl Icahn, Henry Kravis has, just as many, many others on top of the business world have.”Trump

Taj Mahal Casino Resort, the Plaza Hotel, Castle Hotel & Casino, Trump Plaza, Trump Hotels & Casino Resorts and Trump Entertainment Resorts filed for Chapter 11 bankruptcy. The companies consolidated debt in order to pay off creditors and remain open.

https://www.forbes.com/sites/debtwire/2015/08/18/a-trip-down-donald-trumps-bankruptcy-memory-lane/#3af6b7d04609

DebtTrump realized that his businesses needed bankruptcy protection, and would not survive unless they used the bankruptcy laws to reorganize the company’s debts. If you have sufficient income, you may be able to reorganize your own household “business”, with a Chapter 13 Debt repayment plan.

Can you afford to file a Chapter 13 debt repayment plan?  Do you have at least $200 a month left over after regular expenses?  Then you may be able to mash all your debt into one payment you can afford, keep your vehicle, house and pension, and get an interest free repayment plan.

Dial 1-800-CALL-PFG for a free phone mini-consultation, or make an appointment online 24/7 at www.infotapes.com.  Bankruptcy laws are in place to help you.  Who knows bankruptcy like Geraci Law?  Geraci Law has 20,000 5star reviews since November 2016! 5star

Read more at www.bankruptcybookbypeterfrancisgeraci.com 

Thomas Jefferson – The President Who Needed Bankruptcy

 

Thomas Jefferson loved a lavish lifestyle. He was our 3rd President and author of the Declaration of Independence. He spent an enormous fortune constructing and furnishing his Monticello home. Jefferson served only the finest wines and a personal French chef prepared only the finest foods.

At the end of his life, Jefferson owed $100,000 in debt, about $1.6 million today! He was desperate for help. Without bankruptcy laws for relief, Jefferson attempted to create a “lottery” in which the winner would get title to monticelloJefferson’s lands (including Monticello). Ticket sales were disappointing and Jefferson died with his daughter Martha inheriting the debt.

https://www.history.org/foundation/journal/winter10/jefferson.cfm

Are you living beyond your means? If your budget is negative every month, you may be living like Jefferson. Geraci Law could help you file a Chapter 7 or Chapter 13 bankruptcy. Without credit, you learn to live within a budget.

Jefferson did not have bankruptcy as a resolve to his financial problems. You do! Do not spend your golden years worrying about debt repayment. If you have debt, just dial 1-800-CALL-PFG for a free phone mini-consultation or log on to www.infotapes.com to make appointments online 24/7.Money-Hand

Read more at www.bankruptcybookbypeterfrancisgeraci.com