May, 2014 | Carol A. Lawson

More senior homeowners with mortgages: Older consumers are carrying more mortgage debt into their retirement years than in previous decades. For homeowners age 65 and older, the percentage carrying mortgage debt increased from 22 percent to 30 percent from 2001 to 2011. Among those aged 75 and older, the rate more than doubled during that same time period, from 8.4 percent to 21.2 percent.

Median mortgage debt for seniors increased by 82 percent: From 2001 to 2011, the median amount older homeowners owed on mortgages increased 82 percent from about $43,300 to $79,000. In addition to carrying increased mortgage debt, many older Americans have also accrued less home equity than their age group did a decade ago. This decline in home equity may have an outsize impact on older Americans, for whom home equity is frequently their primary or even only asset. The result is less financial security and greater financial risk. Those considering taking out a home equity loan will want to know about the home equity loan interest rates before committing to anything. Some might find that looking mortgage notes might be a way to get a handle on their mortgage debt. If you want to know what is a mortgage note you can do research online to find out more.

Senior delinquency and foreclosure rates increased five-fold after the financial crisis: From 2007 to 2011, the percentage of homeowners age 65 to 74 who were seriously delinquent in paying their mortgage, meaning they were more than 90 days late or in foreclosure, increased from 0.85 percent to 4.96 percent. For those over 75, it increased from 1.01 percent to 5.87 percent. While delinquency and foreclosure rates have decreased since 2012, foreclosure among older homeowners is still a significant problem. Among other things, older consumers have greater difficulty recovering from foreclosure than their younger counterparts due to their increased incidences of health problems, cognitive impairment, and difficulties returning to the workforce.

http://www.consumerfinance.gov/reports/snapshot-of-older-consumers-and-mortgage-debt/

If you find yourself in this situation a loan modification may be available. Contact our office for a free consultation today!

Carol A. Lawson, Esq., 28870 U.S. Hwy19 #300, Hodusa Towers, Clearwater, FL 33761 Phone: (727) 410-2705; email: calh@gate.net

The judges of the Tampa and Ft. Myers Divisions have revised the approved Chapter 13 Model Plan. The revised Model Plan must be used by all Chapter 13 debtors in cases filed on or after June 1, 2014.

Changes from the previous model plan include:
Paragraph 5 which provides that secured creditors who have filed proofs of claim prior to the claims bar date or within 14 days from the date of an order converting or dismissing the case, whichever date is earlier, shall have an administrative lien on plan payments paid by the debtor to the Chapter 13 Trustee prior to confirmation.

Paragraph 5(G), (H) and (I) of the Model Plan.

In 5(G), the debtor may elect to pay secured claims/leased claims direct to the creditor. If the Debtor makes this election, the automatic stay and any codebtor stay are terminated in rem upon the filing of the Plan. The debtor’s state law contract rights are not abrogated.

In 5(H), the debtor may designate secured claims that are not provided for under the plan. The automatic stay and any codebtor stay are terminated, the debtor’s liability to the creditor is not discharged under the plan, and the debtor’s state law contract rights are not abrogated.

In 5(I), the debtor may elect to surrender secured/leased property. The automatic stay is terminated in rem as to the secured creditor.

Revisions have also been made to the following form orders to make them consistent with the revised Model Plan: Order Establishing Duties of Debtor, etc., the Order Granting Trustee’s Motion to Dismiss, and the Order Governing Procedures After Conversion to Chapter 7.

Click to download Chapter 13 Plan (pdf)

Carol A. Lawson, Esq., 28870 U.S. Hwy19 #300, Hodusa Towers, Clearwater, FL 33761 Phone: (727) 410-2705; email: calh@gate.net