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Bankruptcy Research Topics Essay

724 words - 3 pages

Using the Bankruptcy Process to Solve the Foreclosure Crisis

The scourge of foreclosure has already affected millions of Americans, and the fear of losing one's home looms over millions more. President Obama's "Making Home Affordable" program has been a step in the right direction insofar as it encourages homeowners to work with their lenders to modify their mortgage loans. These modifications have helped borrowers by allowing them to keep their homes, and they have helped lenders by allowing them to receive more money than they would typically receive in the auctions sale which almost always inevitably follows a foreclosure. However, there is more that can and should be done in order to ...view middle of the document...

Currently, under 11 U.S.C.... the foreclosure crisis by temporarily amending § 1322(b)(2) to allow debtors to modify a secured claim on their principal residence. Temporary modification, as distinguished from the current proposal of permanent modification, will allow for mortgage interest rates to go down once the economy recovers. Amending § 1322(b)(2), will offer relief to middle-class homeowners—the people Congress is trying to help and will be expedient because a federal infrastructure is already in place and has proper safeguards to prevent abuse of the system.

Chapter 13 Based Progarms And The Foreclosure Crisis
Life is unpredictable. There are millions of distractions—illness, family obligations, expenses, careers, education—waiting to pull attention away from paying the mortgage. While they seem to take precedence over something as trivial as mailing the check to pay the mortgage, these distractions can potentially lead a homeowner into quite a significant dilemma. As more and more Americans fall prey to these distractions, the rates of foreclosures in the Unites States have increased dramatically. As...

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