News networks across the country have given considerable attention to the unprecedented number of bankruptcy filings throughout the nation. Once sprawling communities like Orange County California have some of the largest numbers of bankruptcy filings per capita. The real estate market in this area as in many parts of the country has come to a complete stop. No new development is taking place and the local economic outlook in Southern California as a whole is not improving mostly due to the price per gallon of gasoline, which is one of the highest in the country.

Souther California is one of the hardest hit regions in the country for personal bankruptcy filings, this is highly credited to the over valuation of real estate property during 2001 through 2005 and the sub-prime loans that funded the majority of these properties. The number of people filing for personal bankruptcy, compared to last year are up 90% for LA county, 125% for Riverside county and a staggering 150% for Orange County.

The state of Colorado has seen a rise of 35% since last year, and again it is home owners with high interest mortgage loans that make up over 60% of the bankruptcy cases.

Things are due to get worse according to economic experts, who predict no relief will be seen until two to three years from now. Because gas prices are gradually increasing each day, the cost of commodities and other consumer products have kept up with the price, adding further strain on the already heavily burdened communities of consumers across the country.

Overall the entire country is currently seeing a rise of 50% since last year. It is expected that by the end of 2008, we will see a total number of over one million personal bankruptcy cases which will continue throughout 2009.

Our economy is susceptible to many different factors, including external factors like the overall world economy. A contributor to the price of oil is none other than China. The country has emerged economically demanding more gas, food and quality of life. The once low waged workers are currently climbing the ladders economically and this new demand is now plugged to the main line of distribution for commodities like oil, wheat, and sugar.

It doesn’t matter how much money exists in any one region, it is the demand for these goods that drives up inflation.

So the economic state of the US, which is already affected by the real estate melt down, can expect to see higher prices for commodities and further escapes from debts through bankruptcy filings. Again no solid plan is in place to overcome this, any plan brought forth by the political parties are nothing more than pandering attempts.

Save what you can and invest in hard assets, paper assets will be worthless soon.

There is something you need to clearly understand about your debts before you file for bankruptcy. Some people get into such a state of shock that they’re in this situation that they may not even hear the words their attorneys explain to them about the bankruptcy process. They just go through with it and as long as they get a bankruptcy discharge they make themselves feel better by thinking that it’s all over. Some of your debts can be discharged and others can not, and if you mistake the two types, that’s when collections agencies can come after you.

You need to know what debts are discharged under bankruptcy, this is particularly relative to bankruptcy chapter 7 filings, where you can basically get all your “unsecured” debts discharged at no further obligations to you, but it’s only these unsecured debts that get discharged. Then of course there are the “secured” debts, which you still need to worry about. So to be perfectly clear about this “Not all debts are discharged when you file for bankruptcy“.

If you had already defaulted on your debts prior to filing bankruptcy, it’s probable that your creditors sold your debts to collections agencies prior to you filing bankruptcy, who can then come after you for that debt plus additional fees. When you get a bankruptcy discharged, you need to make sure that you keep your discharge papers handy at all times. Make several copies of them and keep them ready to mail to whoever needs to see them for you to prove that you did in fact file bankruptcy and were your unsecured debts discharged.

When a collections agency contacts you about debt that was discharged in bankruptcy, you don’t necessarily want to ignore the call or letter, you need to let them know that the debt they’re seeking repayment for was discharged in bankruptcy and you need to provide them with the correct paperwork of your bankruptcy discharge to prove this. If they continue to pursue this even after you provide the documentation, and they will sometimes push it, then you must contact the bankruptcy attorney that represented you and make them aware of it, they will know just what to do about it. If you filed bankruptcy alone, then try first contacting the courthouse where you filed your petition and bring it to their attention.

Collecting discharged debts goes against the order by a federal court that you have no further obligation to this debt, but collections agencies sometimes push this in hopes that you won’t know any better or that you will simply give in and just start paying again. Once you threaten to take legal action against them they will back off since it can cost them money to fight a case they can not win.

On the flip side of that coin, if you ignore secured debts after your bankruptcy discharge, you are not only going to get chased by collections agencies, but you are causing further damage to your credit since collections accounts normally get recorded in your credit history.

Some of the debts that are considered secured debts are student loans, mortgage leans on your home, car payments, federal and state taxes and basically anything else that has some kind of collateral to it. However certain items that you buy with consumer accounts like those you get from a furniture store or department store where you might make large purchases, need to be clearly defined in your bankruptcy file as either exempt items or assets that can be liquidated. If they were marked as exempt, then they can not be taken back, though again they will try.

You must continue to pay for your secured debt or surrender the collateral, such as the car or home attached to the lean. When it comes to student loans and taxes, there are no actual collaterals for these debts, they are just obligations that you must take care of. The federal government in particular, does not need an external collections agency to collect taxes you may owe. The IRS will start by contacting you via mail about your debt, you need to act immediately and establish a repayment schedule, otherwise they can levy any assets you may have and/or you may even be sent to jail for not paying your taxes.

Do not ignore the warnings, if it’s unsecured debt, provide the appropriate proof of discharge and consult a your bankruptcy attorney. If it’s secured debt then continue paying it or surrender the asset.

Back in 2002 when I bought my condo, there were no obvious signs to me that what was going on in the mortgage market were the beginning stages of the current subprime crisis. I knew I was making the right decision to buy a place while I could still afford one and I saw how property values jumped significantly in the next two years. However, all along I had this feeling that this rapid growth of the market could not be normal and that it could not possibly benefit everyone. I also figured that at some point I would have to sell my condo and I would most likely want to sell it at fair market and maybe just a tad more.

Would someone really be willing to pay me double the price of what I paid for it a couple years ago? This really puzzled me, and even though I thought it would be great to make that much money, I couldn’t help to feel a little concerned for whoever ended up buying my condo. Would they finance with sub-prime or conventional loans? How will they manage such a large monthly payment? Will they continue to enjoy the market growth like I did?

It can’t grow forever, what goes up must in deed come down, and that’s what we’re witnessing here. It’s a nose dive of a decline for the housing market and it really is difficult to watch. The same thing goes for the stock market, there’s usually a period of aggressive growth that must eventually fix itself. I trade very moderately in the stock market so I keep up with it, but it’s definitely not a huge worry for me.

Though the housing market, which everyone is part of in one way or another, is now suffering from a subprime mortgage crisis, which in turn has an impact on the overall economic growth. As more mortgages default, there’s less confidence in buying homes, and we’re ending up with a surplus of homes across the country, causing a very dramatic decline in new home construction and prices of homes. All of this builds the downward pressure that weighs on the overall growth.

Interest rates on a number of subprime and ARM loans are due to go up through 2008. However, to the benefit of home owners who may be finding themselves on the brink of bankruptcy, the US treasury, backed by US legislators, is enabling the deferment of interest adjustments in order to begin working towards stimulating the economy and re-establishing confidence in consumers and financial markets.

To begin a resolution to the subprime crisis, one of the measures that can be taken in the future through legislation is to limit the numbers of different financial products that revolve around these types of loans and to force revisiting the metrics to qualify consumers for these types of loans. Salaries will need to keep up with inflation and unemployment needs to stay low. Finally, the housing market’s steady decline needs to be interrupted as soon as possible, but this won’t be possible without more aggressive efforts from the US treasury and the government.

Meanwhile, if you’re finding yourself in the same situation that millions of homeowners are in right now, where you’re not making your mortgage payment and considering bankruptcy. You need to know that there maybe alternatives available to you, banks and mortgage lenders are starting to resort to offering their customers loan modifications and or encouraging a short sale. Read more about loan modifications and other free resources here, it may be just what you need to save your home.

Foreclosure is the process in which a lender takes possession of the financed property for lack of payment, with the intention of selling the property to satisfy the defaulted loan. The foreclosure process is ugly and it will leave a mark. By law all lenders must provide sufficient written notices to home owners before starting the process, and what’s considered sufficient will vary per state as well. When the bank’s notices of non-payment go unanswered is when foreclosure comes knocking on your door.

What options do you have?
You could qualify for special forbearance if you have lost your job or your cost of living has changed significantly or you’re experiencing any other financial situation that puts pressure on your ability to pay your mortgage. This is something you’ll have to approach your lender about and you must provide proof of your hardship to qualify.

There is something called a loan modification, which means that the original terms of the loan can be renegotiated and adjusted to fit your new financial situation. Again this will be up to your lender to approve. Lenders are not always sympathetic or understanding so you may need help getting through to them on this option and for that you should check out the free foreclosure help post where I discuss a really good source where you may be able to find the help you need.

The short sale foreclosure is when you try selling the property at a severely discounted price in order to make the sale transaction as quick as possible. If you have equity built up on your home you most likely will lose most if not all of it. You’ll need to hire a good Realtor who’s experienced in these types of sales to help you accomplish this. Most importantly however is that you get your lender to agree to this since it will in most cases mean that the loan balance on the property will also have to be discounted for you to proceed with the sale, meaning the lender loses money as well. Both parties must be in agreement before this can take place.

Another option, is a Deed-in-lieu-of foreclosure, where you voluntarily surrender the property to the lender. This obviously does not help you keep your house, it’s an option you can use when you know you can’t fight it anymore and must give up your home. For the lender to accept this option, you must have tried to sell the house and have attempted other options as well without success. This option can sometimes be beneficial to both lender and borrower, since it immediately releases the borrower from all responsibilities of the defaulted loan and for the lender it can avoid the timely and often costly procedure of foreclosing.

Things to beware about:
Once the lender files a foreclosure notice, this becomes public record. A lot of people access these records often with the purpose of contacting home owners to buy their homes and help them save it.

You must understand that there are people and businesses who make a living off of foreclosures. You’ll probably be approached and contacted by people who say they can help and some of these calls are legitimate but you need to be aware that they’re in for a profit that will most likely leave you short changed.

Since you may be in a desperate situation and you know you can’t save your home, you may be trying hard to save your credit, and often people agree to a deal that may be a temporary fix but are not necessarily good for them in the long run. Some of the most common scams out there are “equity skimming” and entities that post as “counseling agencies”.

Equity skimming consists of you doing a deed transfer of your property to someone who promises to help by selling the property quickly, the often will have you vacate as soon as possible and then they will rent the property to collect payments from that while they process a line of credit on your home then never being heard from again. Unfortunately signing the deed over to someone else will not release you from the responsibility of the loan.

Counseling agencies can sometimes help, but some will do nothing more than collect payments from you. Often times the services they offer are things you can do yourself. You should always deal with your lender directly and when that proves difficult then do research for a legitimate company that can negotiate for you.

It’s difficult to think clearly when foreclosure comes knocking so take some time to think clearly and realize first whether fighting to keep your home is worth the effort. If you feel it is and you want to convince your lender to give you a chance and require professional help, then start by researching companies at the Better Business Bureau and search for “foreclosure consultants”. You’ll get results for agencies who are registered with the BBB and many others who are not. So you want to start with the ones that have a record you can look over.

Last resort
When all else fails, which can happen if your lender is completely unwilling to work with you, you can always go for the last resort, bankruptcy. This is also going to require significant effort on your part to get ready and prepare your documents and contact the right attorney to represent you. Bankruptcy has a more severe effect so it’s important that you take the time to understand what it is, what it does, how to prepare and what to expect. Take some time to read about chapter 7 and chapter 13 since these are going to be the most relevant to someone in a position where they could lose their home.