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Wednesday, November 17, 2010

Leaving After a Foreclosure

Leaving After a Foreclosure

Leaving a house after foreclosure is often the most difficult part of the entire process. Homeowners are often disappointed that they will not be able to keep their home, and some attempt to take revenge on the bank by stripping the property of everything useful. This is not a positive action, though, and serves no lasting purpose other than lashing out at a bank that foreclosed on one's property. But foreclosure victims do still have rights to their own property located in the house, and can take anything that is personal. Fixtures that are attached to the property and considered real property are the most likely targets of being removed from the house and causing damage. While homeowners do not have a right to remove fixtures and leave nothing in their places, they can provide substitute fixtures while taking the items that hold sentimental or financial value to them.

If you have lost your home to foreclosure, you may also be wondering what is going to happen next.  After the foreclosure sale, the new owner will serve you with a Notice to Quit if you are still in the property. It is a 3-day notice if you are the former owner(s) and a 30-day notice if you are a tenant of the former owner(s).

If you still have not left after the expiration of the notice period, the new owner can file an eviction lawsuit against you to get and order for the Sheriff to remove you. Eviction lawsuits can take a couple of weeks or longer depending on the particular aspect of the case.

Sunday, November 7, 2010

Contact Your President - Participate in Democracy

We believe that it is important for every citizen to be in contact with their elected officials. They need to hear from you.

President Obama has said that he begins each day in the White House reading a few letters from citizens so he can remember who he is working for. We have heard that as few as 20 letters to a member of Congress on a single topic alerts them as to a potential problem and may cause them to look into that particular issue . This is why we have included this page on our site.

It is easy to write your representatives using these links. Write them and let them know what is on your mind. Of course, your comments should be serious and, again of course, not threatening.

Just let them know. Participate in your democracy.

Thursday, November 4, 2010

Should Christians File for Bankruptcy?

Should Christians File for Bankruptcy? 

I am often asked what the Bible says about Christians filing for bankruptcy and it a serious spiritual struggle for many. Christians often struggle with feelings of guilt that creditors will not be repaid. Others feel that they have failed God by not being good stewards with their money. Others believe that the Bible condemns bankruptcy. I found answers to many of these questions is an excellent article written Matthew B. Tozer, Esq. and Ben E. Lofstedt, Esq.

The authors begin with the premise the Bible expressly grants permission for Christians to file bankruptcy: "At the end of every seven years you shall grant a 
release of debts. And this is the form of the release: Every creditor who has lent anything to his neighbor shall release it; he shall not require it of his neighbor or his brother, because it is called the LORD's release" (Deuteronomy 15:1-2).

They go on to discuss a number of Old Testament and New Testament passages that discuss concepts of sin, mercy, forgiveness and equity. The authors ultimately conclude, correctly I believe, that bankruptcy is biblical and spiritually available to Christians. However, the ultimate decision to file for bankruptcy and the type of bankruptcy to file must still be made after prayerful consideration to seek guidance from God regarding what decision he would have you make.

Although the subject does not always come up with our clients, we are a Christian law firm. We are a bankruptcy and debt relief agency. We help people file for bankruptcy. We are sensitive to the Biblical and spiritual issues implicated by filing for bankruptcy. Please contact us if you need further assistance is making the decision to file bankruptcy