Bankruptcy: not the "easy" way out

So, we all know who Gabby Douglas is.  She’s America’s new sweetheart with the huge beautiful smile that had all of us glued to the television during the Olympics. One thing you may not know about little Gabby, is that her mother had recently filed for bankruptcy.  When seeing that information, I’m sure many of you gasped. There has always been a stigma attached to that word, but there doesn’t need to be. Bankruptcy is a federal law that enables individuals/couples to have a restart or a reorganization of their debt. It can also save a home from foreclosure, car from repossession, or stop wage garnishments. All that being said, it should still be used as an option of last resort.

Natalie Hawkins, Gabby’s mother, filed Chapter 13 bankruptcy in her home state of Virginia.  A Chapter 13 is a reorganization of the debts owed. This chapter allows for filers to keep their home and to make payments to the courts on their debts for a predetermined amount of time. This varies from the Chapter 7 which is basically a liquidation of assets and a complete dissolution of dischargeable debts. The major difference is that in a Chapter 13 bankruptcy, the debtor pays back their debts. In a Chapter 7, the debts are wiped clean.

Ms. Hawkins has four children, including Gabby, to worry about. She is listed to be on disability and have child support coming in, so she does have income, but no room for additional income. This takes her out of working with a debt management program or possibly applying for Hardest Hit Funds through counseling agencies if they are offered in her area. If she had come to receive counseling through our program, we would have told her to prioritize her bills. Her first priorities should be housing and transportation, which in her case, were saved through her bankruptcy. Filing for bankruptcy has allowed Gabby’s mother to relinquish the stress and headache of worrying about delinquent house and car payments or her other debts, and to now focus her attention on all of her children including her 16-year-old, two-time Olympic gold medalist daughter. If, in doing this, she has been able to assist her daughter in realizing her dream among other things, then why not?

I also find it commendable that Ms. Hawkins isn’t letting the publicity around her financial situation to get the best of her. This has been something that she’s had to deal with and has done so humbly and publicly. She should even be an inspiration to many folks who bury their heads in the sand and try and pretend it isn’t happening to them. Ms. Hawkins has stood up and faced her problems, received assistance, and handled business – WAY TO GO!!

Just goes to show you that life may throw you a curveball or two (sorry for the cliché), but things can turn around at any moment. Gabby is going to be given many sponsorship and appearance opportunities and should be able to help her mother in return for the sacrifices Ms. Hawkins has made for her family. No hard feelings or judgments here. Just remember, credit issues are just stuff that can be fixed and improved in time – it’s always a work in progress. And…if all else fails, time will heal all wounds (especially in regards to your credit).

Go to www.fsisc.org or call 843.735.7802 for bankruptcy information or assistance. 

Written by: Kristin Glantz, bankruptcy counselor at Family Services, Inc.

7,914… AND COUNTING

by Debbie Kidd

It was with great interest that I read the Department of Treasury’s report on South Carolina and the Home Affordable Modification Plan (HAMP). While it is extremely gratifying to see the program gain some traction, I can’t help but think of the herculean efforts of the teams of default counselors who have been working to help homeowners for the past two years. Our counselors have really born the burdens of the many clients who have come through our doors. Many have shed tears with them, and others have offered their own time to help families move out if a foreclosure did occur.

I am honored to work with such a devoted team of professionals who got up to speed quickly, conquered the technical requirements and adapted to every requested change. It’s not easy facing sadness and despair each day, but our counselors do it with dedication and integrity.

As proud as I am of our team, it’s the families who are etched in my mind and heart. It is not easy to walk into a public building, meet with a stranger, and have to explain why the mortgage hasn’t been paid in months. Additionally, having personal and sensitive financial documents reviewed and analyzed – with a critical eye looking for excess – would test the mettle of anyone. Yet, every single day, more and more people come to our office for help. We constantly take calls from people who are desperate, scared, and often misinformed. In some cases they have been scammed by a promise of something that’s too good to be true. Fortunately, we have been able to help a few folks get their money back.

Next year, we are going to have an opportunity to help even more families. It has been estimated that as many as 5 million adjustable rate mortgages are going to reset, resulting in serious payment shock. As we prepare to endure longer days, and even sadder stories, I am going to celebrate the turn of circumstances for those 7,914 South Carolinians who are going to stay in their homes. If a modification happened for them, it can happen for many others as well. South Carolina is very fortunate to have a responsive foreclosure task force and the staff of The Homeownership Resource Center standing ready to do all we can to help.

If you are a homeowner having trouble making your mortgage payment, or you suspect that trouble is just ahead, call us today at 888-320-0350 or visit us on the web at www.fsisc.org.

Don't Pay for Foreclosure Help - Avoiding Rescue Scams

With foreclosure filings reportedly reaching record numbers this summer, Family Services, Inc. reminds homeowners in danger of foreclosure that they should never pay for help, and should instead seek assistance from HUD-approved nonprofit housing counseling agencies, like Family Services, Inc., and those found at www.findaforeclosurecounselor.org and www.makinghomeaffordable.gov.

“Rescue scams are proliferating at a rapid pace and more homeowners are falling prey to the slick advertising and sales pitches that guarantee to keep them in their homes,” said Debbie Kidd, Director of The Homeownership Resource Center, a division of Family Services, Inc., a local NeighborWorks organization.

Foreclosure rescue scam artists frequently demand upfront payment for their services and “guarantee” to modify, refinance, or reinstate a borrower’s mortgage. The payment demanded can be anywhere from $1,000-$5,000, as was the case for one homeowner in South Carolina. The Homeownership Resource Center, located in Charleston, South Carolina recently worked with a homeowner who was bilked out of more than $2,000 by a company that promised to work with the borrower’s lender to reinstate the homeowner’s mortgage. In reality, the company did nothing and the home was sold at auction. Even worse, the homeowner had no idea until a notice to vacate the premises came from an attorney. Now, the person is left with no home and lost more than $2,000 in the process.

“If you are facing foreclosure, do not pay any person or company up front for services,” said Kidd. “Homeowners facing foreclosure need to be aware that foreclosure rescue scam artists are out in full force and see this as a prime opportunity to make money. When it comes to foreclosure assistance, the old adage ‘you get what you pay for’ does not apply. If you are facing foreclosure, contact a HUD-approved nonprofit housing counseling agency, like Family Services, Inc., to receive foreclosure counseling. Nonprofit organizations are a homeowner’s best defense against foreclosure.”

Family Services, Inc. urges homeowners not to pay a person or company for foreclosure help, and offers borrowers the following tips to avoid foreclosure rescue scams:

• Never use any ad, person, or company that approaches you and claims to be able to “stop foreclosure now” for a fee.

• Never release your financial information online or over the phone to a company you know nothing about.

• Never send your mortgage payment, or any payment, to a company other than your mortgage lender.

• Visit www.findaforeclosurecounselor.org to find HUD-approved organizations that offer free, legitimate foreclosure counseling.

• If you prefer to speak to a counselor over the phone, call the Homeowner’s HOPE Hotline at 888-995-HOPE (4673) for free foreclosure prevention counseling by expert counselors at HUD-approved nonprofit counseling agencies. The hotline is open 24 hours a day, seven days a week, in English and in Spanish. Counseling is also available in 20 additional languages by request.

• Contact your mortgage lender. Contrary to what a foreclosure scammer will tell you, you should contact your lender the minute you have trouble making your monthly payment.

• If you suspect a scammer has approached you or victimized you, contact your local Better Business Bureau or state attorney general’s office. In addition to reporting a scam locally, you can file a complaint with the Federal Trade Commission (FTC). To file a complaint in English or Spanish, visit the FTC’s online Complaint Assistant: https://www.ftccomplaintassistant.gov/ or call 877-FTC-HELP (877-382-4357).

For more information about foreclosure prevention, or to make an appointment to meet with a counselor, please contact Debbie Kidd, dkidd@fsisc.org, 843-735-7860.

10 Reasons Why The Homeownership Resource Center is Such a Valuable Asset to the State

1. The Homeownership Resource Center (HRC), a division of Family Services Inc., is the lead agency in the nation for helping individuals and families foreclosures. Our success rate hovers between 66 and 70% -- that’s unmatched anywhere else in the nation.

2. The HRC’s Mortgage Default Clinic model has been recognized as a best practice by Neighborworks America.

3. The HRC regularly receives referrals from politicians at every level, including state representatives and senators, county officials, and members of the US Congressional delegation.

4. HRC counselors recognize foreclosure scams, and since the housing crisis started 2 years ago, it has helped hundreds avoid sending money to particular people or entities promising things that sounded too good to be true. Additionally, the HRC – working with the state’s Department of Consumer Affairs – has helped many homeowners recoup their dollars.

5. The HRC has a Critical Response Coordinator, who is especially adept at pulling homes back from the auction block – in many cases, with less than 24 hours notice.

6. The HRC has unique access to mortgage lenders, servicers and providers and utilizes special phone and fax numbers, and has the ability to email designated points of contacts. Homeowners, calling on their own, face the 800-customer service number. HRC counselors speak to the representatives who can make real-time decisions.

7. HRC counselors are licensed and certified by state and national agencies. Additionally, continuing education credits required quarterly. Our counselors go beyond the standard to target emerging trends.

8. All the HRC’s mortgage default counseling services are available statewide and to residents in North Carolina. (Bankruptcy and credit counseling are not available due to state licensing laws.)

9. As a HUD-certified agency, the HRC does not charge for mortgage default counseling.

10. While the HRC works efficiently and knowledgeably, compassion for people is its hallmark, and while hundreds, if not thousands, of homes have been saved, it celebrates that families will remain together; kids won’t have to change schools, and that seniors can enjoy their golden years in the homes that hold a lifetime memories.

HRC Hails Supreme Court Decision on Foreclosures

With the State Supreme Court decision to temporarily halt foreclosure sales of Fannie Mae, Freddie Mac, and other lenders participating in the new government program, many families whose loans are eligible for modification will have another chance to save their property. “We are especially pleased because we are beginning to see some flexibility from lenders with respect to the government’s new Making Home Affordable plan, which includes both a refinancing and modification option,” said Toby Smith, a certified and licensed counselor at The Homeownership Resource Center (HRC), a division of Family Services Inc.

“One of our concerns was always that there would not be enough time to get the new program in place for those who were already in the pipeline. This is a wonderful turn of events and we hope it will prove beneficial for those who meet the criteria for modifying their loans. We stress the modification option especially because a client who is behind or who has been behind for awhile does not really have the option to refinance their home loan because of damaged credit,” added Smith.

It appears that the injunction will be limited to 90 days so this represents a significant window opening for many folks who may not have taken any action at all. If a homeowner does not know who the investor is for their loan, that information can be determined by calling the lender, and the HRC is more than willing to help.

“Any time you seek help, you are making a good move. In many cases, something can be done to save a home,” noted Smith. Plaintiffs in foreclosure (lenders) have until May 15th to advise if the loan is subject to modification under the federal program. If the loan is not, then the foreclosure sale can proceed. “The next 10 days will be critically important for thousands of homeowners throughout the state,” stressed Smith.

The HRC continuously holds mortgage default and foreclosure clinics for homeowners who are behind on their mortgage or facing foreclosure. Clinics for the greater Charleston area are held on the 1st and 3rd Tuesday on each month from 6 to 8 pm at 4925 Lacross Road, Suite 215 in North Charleston. Homeowners throughout the state can locate a clinic near them by visiting the HRC’s website at www.ForeclosureHelpforSC.org or call 888-320-0350. Additionally, for those in the upstate, a clinic will be held this Saturday in the Greenville area at the Metropolitan Missionary Church, 22 Boland Court. Clinic times are 9 am, 11 am and 1 pm and no pre-registration is required. For more information, visit www.foreclosurehelpforsc.org or call 888-320-0350.

The Foreclosure Process Doesn’t Always Result in the Sale of a Home

by Toby Smith, Counselor

Recently, a very distressed homeowner called The Homeownership Resource Center, a division of Family Services, Inc., absolutely certain that the family home was going to be auctioned off at a foreclosure sale the next day. After calming the caller, we collected the necessary information about the mortgage, budget, and correspondence received from the mortgage lender. What we learned after talking to the mortgage company is this:

1) The caller was 8 months behind and the account had been sent to an outside attorney specializing in foreclosures. That attorney started the legal part of the process by sending the homeowner a lis pendens order – the formal and public notice of default.

2) The caller insisted that she did not receive any documents and did not know that she had 30 days from the date of being served the lis pendens order to respond.

3) Meanwhile, a request to modify the homeowner’s loan was coming up for review, but because it was taking so long, a “projected” sale date was set. When the homeowner called the mortgage company to ask about an update on her request, she was told that an actual sale date, not a projected one – had been put in place.

4) Once those points were clarified and the caller realized that her home was not in danger of being sold the next day, all stress levels (including mine) returned to normal. Additionally, the mortgage company advised that the modification request had been assigned to a negotiator, which is usually a positive step toward a permanent change in the loan terms.

We will check back with the homeowner and the mortgage company every week until a resolution is reached.

In South Carolina, foreclosure is a legal process that must go through the courts. In addition to the homeowner, the public is notified via ads placed in the local newspapers. After being served a lis pendens order, a homeowner has 30 days to respond, but more important to note is that even during this period, a resolution can still be worked out. In fact, a homeowner has until the scheduled hour of the sale to save the home. I have been involved in several foreclosures that have come down to the wire and when the home is saved, it is very gratifying; on the other hand, when the home is lost, is hurts very deeply to know that someone is going to be displaced. One more thing – down to the wire transactions almost always require a payment in certified funds. Several months ago, I had a client lose his home at the last minute because he showed up at the designated location with a personal check…

The foreclosure process varies from state to state. Click this link to get more information www.realtytrac.com. Regardless of where you live, seek the services of a HUD-certified counseling agency, never, ever pay for services, and remember – being in the foreclosure process does not always mean that a home is going to be sold. Don’t give up!

For help in North and South Carolina, call 888-320-0350; nationwide, 888-995-Hope.

The Counselor's Corner

From one missed payment to a critical response intervention...

by Toby Smith

Consider the phases of missed mortgage payments:

Phase 1: Okay, we missed this month’s payment because of the cutbacks, but we can catch up by juggling a few things.

Phase 2: Well, I thought we could catch up, but I didn’t plan on the alternator going out. The car has to get repaired so we can continue to go to work.

Phase 3: Oh my goodness! We are 3 months behind and the phone calls are driving us crazy. Why don’t these mortgage lenders leave us alone!

Phase 4: We’re in serious trouble, but still won’t talk to “them” or open the mail.

Phase 5: An attorney’s office sent us papers today. Maybe we better open the mail and find someone to talk to – NOW!

Phase 6: I have called that counselor 16 times! Why won’t anybody return my call?

Phase 7: The counselor and lender had another long conversation today. We have to come up with the money by next Friday. That’s it.

Phase 8: I can’t believe this is happening. What are we going to do?!?

Does this sound familiar?

It’s amazing how often this scene gets played out in the offices of The Homeownership Resource Center. Equally fascinating though – and less known – is that the situation can still be turned around; even in Phase 8, when things get down to the wire. My colleague, “California cool” Mary Regan is the coordinator of the Critical Response Unit and she often mentions that 3 things must be in place to save a home from auction: a solid budget showing a surplus, stable employment and some cash.

Okay, more than just some cash. Lenders usually will accept either a negotiated amount of the arrearages or the full amount of all past due payments. In Phase 8, there is no room for equivocation; either the home gets saved from auction (and the negotiating continues if the full amount to reinstate the loan is not paid) or sadly, the sale occurs. Fortunately, for many clients, Mary is in place and her saves are becoming the stuff of legend.

We, however, strongly encourage any homeowner in trouble to come see us now…in Phase I…before one missed payment ends up requiring a critical response.

The worst thing you can do is to do nothing. Contact us today. In North and South Carolina, call 888-320-0350.

Trident United Way Success Story

Their Housing Crisis Has a Happy Ending

Keith and Robin Brown earned a good living, owned a nice house in Goose Creek and raised their three teenage daughters. That's when the trouble began.

Keith's job as a civilian contractor at the Naval Weapons Station got cut. He took another job at half pay at Protective Vehicles Inc., but they went out of business. He never got his last paycheck.

Once the Browns got behind in their mortgage the financial woes snowballed. Soon they owed mortgage, plus interest, plus interest on the interest. One day he came home to an auction sign in front of his house. Keith was advised to file bankruptcy. He thought that solved the problem. No one told him that wouldn't protect his house.

Finally, the family connected with Family Services' financial literacy and housing programs. "If it weren't for them, we'd probably be homeless," says Keith. Family Services helped them negotiate a payment plan that worked for the lender and kept the Browns in their home.

Trident United Way invests nearly $200,000 in these programs because they really help hard-working people like the Browns. Last year, all of the financially-strapped families who entered the financial literacy program got up-to-date on their rent or mortgage. This year, the need for those services has increased 50%.

For the Browns, help couldn't have come at a better time. Two of their daughters have entered college and the third one is headed there soon.

Making Home Affordable Plan

Since the release of the new Making Home Affordable (MHA) Plan on March 4th The Homeownership Resource Center, a division of Family Services, Inc, staff has been pouring over the program guidelines and supporting documentation. The initial assessment is that the clear guidelines for modifying and refinancing home loans will level the playing field for homeowners. For example, we can cite many cases of clients with similar challenges being offered vastly different solutions to their problems. Now that the criteria are established, we can focus on moving forward. Additionally, we are encouraged that the counseling component includes the development of an action plan – this will go a long way toward maintaining stability.

The MHA Plan is focused on 2 areas, modifying loans for homeowners who can’t make their payments and offering an opportunity for homeowners who couldn’t take advantage of lower interest rates because of declining home values to refinance.

For homeowners who are in danger of losing their homes and haven’t yet taken any action, this is a good time to come forward. The Homeownership Resource Center has established procedures to ensure that all clients will be screened for eligibility. However, it should be stressed that lender participation in the MHA program is voluntary. We have heard that most of them are signing on to the program, but if some decide against it, The Homeownership Resource Center will continue to do everything we can to help clients balance their budgets and remain in their homes.

Since the March 4th announcement, our counselors have been fielding calls from homeowners about what the program means and information will be available at all of our mortgage default
clinics. The bottom line is this: Doing nothing is the worst thing you can do. If you are in trouble, call 888-320-0350, find the default clinic closest to you and go.


Criteria for the modification of a home loan (www.financialstability.gov)

• Property must be owner occupied.
• Balance must be less than $729,750.
• Loan must have been originated before 1/1/09.
• Mortgages, taxes, insurance and homeowner association dues must be more than 31% of gross income.
• A significant change in the expenses and income makes the mortgage unaffordable.

Criteria for a refinance – homeowner initiates this process with their lender

• Property must be owner occupied.
• Income of the borrower must be sufficient to support the new mortgage payment.
• The first mortgage must not exceed 105% of the current market value.
• Loan must be owned or securitized by Fannie Mae or Freddie Mac.

For more information, please call The Homeownership Resource Center toll free at 888-320-0350 or visit http://www.foreclosurehelpforsc.org/.