FACT: In most states, you need the bank to foreclose AND sell the real estate at judicial sale in order to get the deed out of your name. A new deed must be drafted and recorded.
While a common chapter 7 or 13 bankruptcy filing can cancel (aka discharge) the debt, bankruptcy DOES NOT automatically transfer real estate ownership. This issue comes up when debtors want to "walk away from the home."
One common example, if the bank believes that there are major structural defects, no furnace, no plumbing, vandalism, etc. they could forgive the debt but leave you as the owners of the house even with a bankruptcy. That could leave debtors liable for post-bankruptcy future assessments including real estate taxes, building code fines, etc.
Don't make this mistake. Call us for advice on this issue.
Tuesday, November 27, 2012
Sunday, August 5, 2012
If you are looking to save your house from foreclosure in Ohio or Kentucky, call our office. Whether we discuss foreclosure defense or chapter 13 bankruptcy, we can help you save your home or surrender it while you live 'rent free" as part of your fresh start. Visit our websites at www.getreallylegal.com
or www.bankruptcylawyerincincinnati.com . When you think of Butler County Foreclosure, Warren County Foreclosure, West Chester Foreclosure, Cincinnati Foreclosure, Northern Kentucky Foreclosure, think of our firm with 3 convenient locations in West Chester Ohio, Cincinnati and our Northern Kentucky bankruptcy law office. Learn about bankruptcy from Ryan J. Ruehle at my high definition video site .
Wednesday, May 2, 2012
GETTING THINGS DONE ....YE OLDE FASHIONED WAY!
By Ryan J. Ruehle Attorney at Law http://www.getreallylegal.com/
http://www.bankruptcylawyerincincinnati.com/
Technology is a wonderful convenience. Emails, electronic bill pay, etc. allow us to work smarter and move on to things we want to do like watch TV, surf the internet, etc.
However, when life throws you a curve ball sometimes our technological approach will not solve the problem. We spend weeks on the phone with customer service, on-line, in chat rooms and blogs researching the issue, etc. and we are still frustrated.
Sometimes we have to step back into time and try some time consuming but time-tested approaches. These can become your curve ball.
In Person
One reason to choose local professionals and businesses is that if you are having a problem, you can always choose to make an appointment or visit the storefront.
It’s too easy for you to get lost in some phone system only to talk to a different person each time you call.
Showing up with your problem makes it less likely someone will scratch your information on a post it note with a promise to call you back later. If they cannot address your problem that day, make an appointment. You might need to come back, but that is likely required by the professional’s calendar.
By the way, I fired my physician yesterday and he doesn’t even know it! I was in his phone system for 4 minutes and no one picked up the phone. I would like better customer service for my dollars.
By U.S. Mail
I have many clients who are behind on their mortgage payments. The lenders are great at “refusing payments” by locking the homeowners out of the online payment system or check by phone options, etc.
If you are in this situation and the lender has gone so far as to refuse your payment IN PERSON as well, then try sending the payment by US mail. I know there is some risk in them holding the funds, but if you send it, they are likely to process it. This is true even if the mortgage company has “sent the account to their attorneys.”
Your payment by mail can eliminate the run around and legal action. Did I mention make the payment by certified funds?
Cash, Certified Checks and Money Orders
When you are working through a financial issue, There is nothing more respected than receiving cash in person. You will feel good about it, too. Of course, you don’t send cash by mail so use a money order or certified check issued by your bank or even your convenience store. Personal checks can be ok for routine payments but don’t try to pay an account in default or slow pay status with it. Show up to the game in your “Sunday Best” and send certified funds. And you will have someone else to blame if there is a problem with the check.
By the way, Western Union and other wire services are expensive and the lenders sometimes can’t find the money in the “address” that they probably provided you. I just saw wire slips in Cincinnati’s largest bank’s lobby so you know it is highly profitable and expensive for you.
Hopefully, a reminder of these time tested approaches in our ever changing hi-tech world will help you with this years challenges.
http://www.bankruptcylawyerincincinnati.com/
Technology is a wonderful convenience. Emails, electronic bill pay, etc. allow us to work smarter and move on to things we want to do like watch TV, surf the internet, etc.
However, when life throws you a curve ball sometimes our technological approach will not solve the problem. We spend weeks on the phone with customer service, on-line, in chat rooms and blogs researching the issue, etc. and we are still frustrated.
Sometimes we have to step back into time and try some time consuming but time-tested approaches. These can become your curve ball.
In Person
One reason to choose local professionals and businesses is that if you are having a problem, you can always choose to make an appointment or visit the storefront.
It’s too easy for you to get lost in some phone system only to talk to a different person each time you call.
Showing up with your problem makes it less likely someone will scratch your information on a post it note with a promise to call you back later. If they cannot address your problem that day, make an appointment. You might need to come back, but that is likely required by the professional’s calendar.
By the way, I fired my physician yesterday and he doesn’t even know it! I was in his phone system for 4 minutes and no one picked up the phone. I would like better customer service for my dollars.
By U.S. Mail
I have many clients who are behind on their mortgage payments. The lenders are great at “refusing payments” by locking the homeowners out of the online payment system or check by phone options, etc.
If you are in this situation and the lender has gone so far as to refuse your payment IN PERSON as well, then try sending the payment by US mail. I know there is some risk in them holding the funds, but if you send it, they are likely to process it. This is true even if the mortgage company has “sent the account to their attorneys.”
Your payment by mail can eliminate the run around and legal action. Did I mention make the payment by certified funds?
Cash, Certified Checks and Money Orders
When you are working through a financial issue, There is nothing more respected than receiving cash in person. You will feel good about it, too. Of course, you don’t send cash by mail so use a money order or certified check issued by your bank or even your convenience store. Personal checks can be ok for routine payments but don’t try to pay an account in default or slow pay status with it. Show up to the game in your “Sunday Best” and send certified funds. And you will have someone else to blame if there is a problem with the check.
By the way, Western Union and other wire services are expensive and the lenders sometimes can’t find the money in the “address” that they probably provided you. I just saw wire slips in Cincinnati’s largest bank’s lobby so you know it is highly profitable and expensive for you.
Hopefully, a reminder of these time tested approaches in our ever changing hi-tech world will help you with this years challenges.
Saturday, October 29, 2011
Butler County bankruptcy filers wrestle student loans
Getting rid of federal student loans in a chapter 7 filing is not an easy process. First, it requires expensive bankruptcy litigation so get your wallet out. But wait a minute- you probably don't have any extra money.
Second, you will sue the United States Government who will defend the action. An Assistant U.S. Attorney General will show up in court likely on behalf of the U.S. Dept. of Education. So do not think you will get a default judgment. Your case will be time consuming for you and your attorney.
Now, per the statute, you have to prove to the court it would be an undo hardship to repay your loan back. There are judicial opinions on the issue which establishes hurdles of standards that you must meet. Occasionally, debtors can get a partial discharge or discharge if you carry your burden of proof.
For more information, visit www.getreallylegal.com
Second, you will sue the United States Government who will defend the action. An Assistant U.S. Attorney General will show up in court likely on behalf of the U.S. Dept. of Education. So do not think you will get a default judgment. Your case will be time consuming for you and your attorney.
Now, per the statute, you have to prove to the court it would be an undo hardship to repay your loan back. There are judicial opinions on the issue which establishes hurdles of standards that you must meet. Occasionally, debtors can get a partial discharge or discharge if you carry your burden of proof.
For more information, visit www.getreallylegal.com
Monday, September 5, 2011
Bankruptcy or Out of State Debt Settlement-Debt Negotiations
Many folks look at bankruptcy as a last resort option which I understand. However, that is not a reason to run headlong into something that defies your own common sense. At our free bankruptcy consultation, we listen to your questions and take the time to discuss other options including debt settlement. While our office offers debt settlement services, it is not the best option for everyone.
Here are some debt settlement tips for Cincinnati and Northern Kentucky bankruptcy and non-bankruptcy clients:
1. Debt settlement with an out of town online company or law firm that you give your bank account number to is a terrible decision! Ask anyone on the Internet re: reviews. If it was such an upstanding business, there would be offices all over West Chester, Cincinnati and Boone County! Beware of a company if it is in Florida or California, or both.
2. Unless they can settle each and every account that might sue you, then you will have wasted time and money paying debts that could have been discharged in Chapter 13 or chapter 7. In other words, they have to bat 1.000. Unless you have two or three or maybe four creditors, the odds of everyone participating and or settling are unlikely.
3. While I don’t get to see the success stories, what happens with my experienced clients is that they pay and pay and pay and then after 6-12 months one creditor refuses to work with the debt settlement company and instead sues the client! That leaves me to ask, "Who cares how many were settled successfully when 25% of your wages are being garnished for months and you now have to pay someone else to file for bankruptcy protection?" Its an all or nothing game, in my opinion.
4. What angers me is that while they are being sued, the out of state debt settlement company or "law firm" strings them along for just one more payment alleging that they are in contact with the suing creditor. However, they are not allowed to represent you in litigation if they are not licensed in Ohio-see para. 1. They have your lump sum money and you play heck trying to get it back without them taking another $2200-3000 fee to close the account.
5. Now there is a garnishment pending, and I am contacted to discuss the bankruptcy strategies and stopping the debt settlement company from raiding your bank account.
6. I understand the lure of this non bankruptcy option. See if you can find a local debt settlement company with the same business model. I bet you can't. Why do you think that is?
7. If you must go it alone, Google your debt settlement company's name(s) for consumer complaints, state investigations and criminal charges.
http://www.bankruptcylawyerincincinnati.com/ will be here to help.
Tuesday, November 16, 2010
Joseph Beth Bookstore Files for Chapter 11 protection
The writing is on the wall. I was just commenting in the hallway today re: a telemarketer from Texas trying to sell me a legal treatise for $149.99; who is buying books anymore? Last night at dinner, we discussed whether children who will go to college in the next few years will need to buy textbooks or will it all be computer based? I have been a fan of audiobooks for a while and I the last book I purchased was a diet book(the spine of which is still uncracked).
I really enjoy Joseph Beth Bookstore in Norwood's Rookwood Pavillion. The Bistro is more than a coffee bar and has superior food and baked goods, and I like the layout of the store. Hopefully, they can successfully reorganize in a chapter 11 plan and continue to be an asset to the community.
Thursday, November 11, 2010
Veteran's Day and Freedom
THANK YOU VETS! I enlisted in the Army at age 17 and I am proud to say after 26 years I currently serve as a "weekend warrior" Lieutenant Colonel. As a veteran, my family and I understand some of the hardships of servicemembers and their families. We were blessed in that others faced much more adversity. We experienced many emotions and misery at times. When it was all said and done, we got through it with the help of co-workers, friends, family, church and veterans’ organizations(American Legion, VA, etc.).
Financial hardship is also an emotional and sometimes miserable experience for families but there is help. I encourage you to seek personal help from the above to get through any financial issues you are having. Not necessarily for monetary help, but sharing your struggles with someone you trust can reap benefits and help you find clarity and freedom.
To help work through your financial hurdles, our office offers a free consultation, whether its bankruptcy or a non-bankruptcy option.
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