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Welcome to our mini-website for Portland, Oregon bankruptcy. The attorneys of Baxter & Baxter, LLP, are dedicated advocates for consumers. Baxter & Baxter, LLP, is a Pacific Northwest consumer protection law firm with offices in Oregon and Washington. To visit our firm’s main website, visit www.baxterlaw.com.

The Oregon consumer protection lawyers of the Consumer Litigation Group represent individuals in cases with false credit reports, identity theft cases, unlawful debt collection cases, and consumer fraud cases. The Portland Oregon bankruptcy attorneys, Oregon City bankruptcy attorneys, Hillsboro, Oregon bankruptcy attorneys, and Vancouver Washington bankruptcy lawyers of the Bankruptcy Practice Group represent individuals in Chapter 7 and Chapter 13 bankruptcy. Our mission of committed and zealous consumer advocacy is unrivaled, and our track record of excellence and professionalism is recognized nationwide.

This site includes an aggregation of news stories about business, finance, and politics that bears upon our consumer protection and bankruptcy practice. We hope you will find the stories interesting and useful.

“We are a debt relief agency. We help people file for relief under the Bankruptcy Code.”

Eliminating a Second Mortgage Through Bankruptcy

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The bursting of the housing bubble in the midst of a flagging economy has caused home values to drop precipitously. Zillow.com reports that national home values have fallen by about 12% in the last year alone. Home values in Portland, Oregon metropolitan area have dropped by about 11% in the last year alone, and some neighborhoods, such as the Pearl District, have dropped over 20% this year. Many of the homes sold in during the housing boom were purchased with an “80/20″ mortgage, that is, a first mortgage for 80% of the purchase price, and a second mortgage for the remaining 20%.

Where the value of the home has fallen below the total outstanding balance of the first mortgage, it is possible in some cases to “strip” the second mortgage in Chapter 13 bankruptcy. A second mortgage may be converted into unsecured debt and could be discharged or classified as non-priority debt in the Chapter 13 plan.

Example 1: The homeowners paid $500,000 for their house in 2006, with a $400,000 first, and a $100,000 second. Since that time, their home has fallen in value to $395,000. These homeowners could strip off the second mortgage, eliminate $100,000 in debt (most likely at a much higher interest rate), and keep their home.

Example 2: The homeowners paid $500,000 for their house in 2006, with a $400,000 first, and a $100,000 second. Since that time, their home has fallen in value to $405,000. These homeowners cannot strip off the second mortgage, because the home value exceeds the first mortgage, and therefore the second mortgage remains secured by the property.

Stripping the second mortgage is not possible in every case. However, even if a homeowner does not qualify for a “strip down” of a second mortgage, they may be able to renegotiate the terms of the second mortgage, which may be at a high or variable interest rate.

Baxter & Baxter, LLP
8835 S.W. Canyon Lane, Suite 130
Portland, Oregon 97225
Telephone (503) 297-9031
Facsimile (503) 291-9172

Baxter & Baxter, LLP
5635 NE Elam Young Parkway, Suite 300
Hillsboro, Oregon 97124 USA
Telephone (503) 681-9752
Facsimile (503) 291-9172

Baxter & Baxter, LLP
1101 Broadway Street, Suite 213
Vancouver, Washington 98660
Telephone (360) 574-5239
Facsimile (360) 326-1613

www.baxterlaw.com

Baxter & Baxter, LLP | Hillsboro, Oregon Bankruptcy

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Bankruptcy Attorney Vancouver WA

http://www.articlebanker.com/Art/690076/167/Why-The-Services-Of-A-Bankruptcy-Attorney-Vancouver-WA-Is-Necessary.html

Free Online Articles Directory- Unique Self Publishing Articles-Article Directory | Why The Services Of A Bankruptcy Attorney Vancouver WA Is Necessary

Why The Services Of A Bankruptcy Attorney Vancouver WA Is Necessary

By: Tracy Narvaez

 

Severe financial difficulties are ranked as one of the biggest stressors in this modern world. Many businesses and individuals that fall foul of international trends over which they have no control feel helpless. When financial disaster strikes, it is best to obtain professional help as quickly as possible. A bankruptcy attorney Vancouver WA may even be able to help avert total disaster by steering clients towards solutions that avoid insolvency.

When individuals have no other recourse they often think that an application for insolvency will solve their problems and help them to start with a clean slate. This is definitely not the case. The procedures are lengthy and complex. The courts need to determine that the applicant is not simply trying to avoid his financial responsibilities and that he has no immediate prospects of fulfilling his obligations.

Once the courts grant an application, several things happen very quickly. In the case of businesses, all trading ceases immediately and the employees are retrenched. Assets of both individuals and businesses are seized and preserved for sale. The court will appoint a trustee, whose task it is to see that the entire matter is brought to a conclusion as soon as possible.

Applications by businesspeople may have far reaching effects for many others. Employees are likely to lose their jobs and creditors will have to wait for their money. The trustee normally cause the business to stop trading immediately, but a different decision may be made if it is in the interest of the creditors. In all events, any moneys earned will be administered by the court.

Courts have to act to protect those that stand to lose when insolvency is granted. For this reason detailed studies of the finances of the applicant is made. A common means test is applied to ascertain whether the applicant will not perhaps be able to pay his debts, even if under supervision of the court and by means of newly defined contracts with creditors.

The laws and the courts expect applicants to give their full cooperation in all matters pertaining to the matter. Documents and records will be required and explanations may be necessary. Applicants are required to be one hundred percent honest and a transgression or any form of dishonesty can be punished and brought to trial. It is best to follow the advice received from the lawyer to the letter.

It would be extremely unwise to attempt this route without the help of a professional lawyer with extensive experience in this branch of the law. In many cases it is possible to seek alternatives to insolvency, but only if those in trouble confide in their legal representatives. There are alternatives, such as an administration order, that is advantageous to all parties concerned.

Those experiencing financial problems beyond their control should waste no time in obtaining the services of a bankruptcy attorney Vancouver WA. The stress inherent to such circumstances often drives people to make the wrong decision and to cause themselves even more harm.

Author Resource:->  You can a review of the benefits of hiring a bankruptcy attorney Vancouver WA and information about a reliable lawyer at http://www.baxterlaw.com now.

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