With the growing foreclosure numbers and poor economic news coming out daily, Senator Harry Reid, introduced an amendment to Senate Bill 2636, which would allow a Bankruptcy court to modify the terms of a mortgage for a debtor’s primary residence. The Court would modify the terms of the loan when the debtor can not afford to make the current payments on their subprime or ARM loan. This would allow the debtor to keep their home and continue to pay for the home. As it stands today, bankruptcy courts can modify debt on vacation homes, cars, boats, and investment property, but not loans on a primary residence. This is a major contributing factor to the growing foreclosure crisis and it needs to be stop. It is against public policy to prevent a bankruptcy court from modifying a loan on the primary residence, but allow the bankruptcy court to make a boat loan more affordable. This is why in Florida a creditor who is not a mortgage holder and did not preform work on the home can not force you to sell your home to pay their debt. Many many people are hurting in today’s economy, some of the problems are self made, many more are beyond their control nor were the problems foreseeable. Regardless of how the situation came about the fact remains, people need help and your United States Senate has the ability to help resolve the problem to some extent. The major question now is what will the Senate do? Is the Senate bought and paid for by the mortgage company lobby, which opposes this bill, or are our Senators we send to Washington truly there to help hardworking Americas and do the “people’s work,” or is that just a sound bite?
In the Pensacola area with housing values dropping daily, people who bought at the top of the market may find themselves owing more than what the house is worth. With this negative equity it is impossible to obtain new financing to lower payments or avoid the interest rate increase if they purchased their home with an ARM loan. I see people on a daily basis that are behind on their mortgage because of illness and being off work. Others are behind because they purchased their home with an ARM and the interest rate has increase the payments to where they can no longer afford the home. Giving the bankruptcy courts the ability to modify residential loans would greatly help the people of Pensacola get back on their feet and let the bankruptcy system fully help a debtor gain a fresh financial start.
A foreclosure hurts the entire community. So I would caution those of you that say some one should lose their home if they spent more than they can afford, or ignore this call to action as you feel you will never be in this type of financial situation. When a house is foreclosed on in your neighborhood, and is sold at a rock bottom price it lowers the property values of all the homes in the neighborhood. So if your neighbor can prevent their home from being foreclosed on it not only helps them from becoming homeless it helps the entire community by not lowering the property values in the area. Plus, by allowing one to keep their primary residence it saves tax money in not having an increased homeless population to which the community must then deal with.
This is a genuine crisis that threatens every community. Congress should take immediate and targeted action, I just hope they do so before it is to late. I would urge you to contact your Senators, and ask them to support Senate Bill 2636. Ask your Senator to make a true difference in the live’s of hardworking Americans who are down on their luck. Ask them to protect your home’s value by preventing people from losing their primary residence in foreclosure. Urge support of Senate Bill 2636, and particularly Title IV of the legislation.
Below are links to web pages for Florida Senators Mel Martinez and Bill Nelson so you may contact them and them to support of Senate Bill 2636.
16 Ferry Road, S.E., Fort Walton Beach, Florida 32548 | 401 Church Street, Mobile, Alabama 36602
Toll Free: 877-607-2228
Alabama and Florida Bankruptcy Lawyer – Attorney Erich M. Niederlehner Chapter 7 &13, Affordable Debt Relief & Bill Consolidation in Alabama and Florida.