Welcome to our Hillsboro, Oregon Bankruptcy Mini-Site!

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Welcome to our mini-website for Hillsboro, Oregon bankruptcy. The attorneys of Baxter & Baxter, LLP, are dedicated advocates for consumers. Baxter & Baxter, LLP, is a Pacific Northwest consumer protection law firm with offices in Oregon and Washington. To visit our firm’s main website, visit www.baxterlaw.com.

The Hillsboro Oregon bankruptcy attorneys, Oregon City bankruptcy attorneys,Portland Oregon bankruptcy attorneys, and Vancouver WA bankruptcy lawyers of the Bankruptcy Practice Group represent individuals in Chapter 7 and Chapter 13 bankruptcy. Our mission of committed and zealous consumer advocacy is unrivaled, and our track record of excellence and professionalism is recognized nationwide.

The Oregon consumer protection lawyers of the Consumer Litigation Group represent individuals in cases with false credit reports, identity theft cases, unlawful debt collection cases, and consumer fraud cases.

This site includes an aggregation of news stories about business, finance, and politics that bears upon our consumer protection and bankruptcy practice. We hope you will find the stories interesting and useful.

“We are a debt relief agency. We help people file for relief under the Bankruptcy Code.”

Se Habla Español
Baxter y Baxter, LLP ofrece consultas de los consumidores y la quiebra de clientes que hablan español en nuestro Portland, Oregon oficina. Cuando llame para hacer una cita, por favor, pregunte por Kirsten Baxter. La Sra. Baxter representa a los consumidores en una variedad de casos, incluido el Capítulo 7 y el Capítulo 13 de bancarrota y los casos de protección al consumidor.

Anemic Housing Market Means Debtors Can Eliminate Second Mortgages Through Bankruptcy

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Home prices continue to languish badly in spite of signs of a slowly recovering economy. While many people who found themselves unemployed as a result of the financial meltdown of 2008, the housing market has struggled even more to recover. Local markets are flooded with a surplus of inventory as many try to downsize or relocate. This is compounded by a record number of foreclosures and short sales, which drive prices down. More stringent loan criteria from lenders can delay or undo closings and preventing sales to go through. Zillow.com reported that the average home price in Portland for October 2010 was $233,000, down from the July 2007 high of $299,000. These statistics have important implications for homeowners contemplating bankruptcy, or drowning under high interest second mortgages.

At the height of the housing bubble, one hundred percent financing was in vogue by virtue of so-called 80/20 mortgages, i.e., a first mortgage for eighty percent of the purchase price, and a second mortgages for the remaining twenty percent. The second mortgage is typically at a much higher interest rate than the first mortgage, and may carry other burdens such as a balloon payment or pre-payment penalty.

In Chapter 13 bankruptcy (also referred to as a wage earner repayment plan), it is possible to “strip” liens, such as a second mortgage. This is possible where the first mortgage exceeds the value of the collateral, i.e., the home. As a result of falling housing prices, this is often the case. Noting the regional average drop in housing price is twenty-two percent from the height of the market, it is highly likely that the average home purchased in 2007 is worth less than eighty percent of the original purchase price, in spite of efforts by the federal government to spur new home buying.

In this scenario, a where a home has fallen below the value of the first mortgage, the homeowner can seek to “strip” the second mortgage, by converting it into unsecured debt, and then discharging it through the bankruptcy. The net effect is to void the second mortgage. If the debtor can afford to continue making payments on the first mortgage, they can stay in the home. This can lower the total house payment by hundreds or even thousands of dollars.

Even though the general economy has shown recent signs of recovery, the housing market is still very soft. Some estimates indicate that Oregon has more than forty months of inventory bogging down housing prices. Thus, for years to come, the anemic housing prices will favor debtors who bought in at the height of the market with 80/20 mortgages, and allow these homeowners to strip or eliminate their second mortgages, while staying in their homes with only the payment on the first mortgage to pay. At the same time, homeowners can eliminate other unsecured debt, such as credit card bills, medical bills, and certain other debts.

Baxter & Baxter, LLP
8835 S.W. Canyon Lane, Suite 130
Portland, Oregon 97225
Telephone (503) 297-9031
Facsimile (503) 291-9172

Baxter & Baxter, LLP
5635 NE Elam Young Parkway, Suite 300
Hillsboro, Oregon 97124 USA
Telephone (503) 681-9752
Facsimile (503) 291-9172

Baxter & Baxter, LLP
1101 Broadway Street, Suite 213
Vancouver, Washington 98660
Telephone (360) 574-5239
Facsimile (360) 326-1613

www.baxterlaw.com

Baxter & Baxter, LLP | Hillsboro, Oregon Bankruptcy

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Eliminating Second Mortgages through Chapter 13 Bankruptcy

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The bursting of the housing bubble in the midst of a flagging economy has caused home values to drop precipitously. Zillow.com reports that home values in the Portland, Oregon metropolitan area have dropped by about 11% in the last year alone, and some neighborhoods, such as the Pearl District, have dropped over 20% this year. Many of the homes sold in during the housing boom were purchased with an “80/20” mortgage, that is, a first mortgage for 80% of the purchase price, and a second mortgage for the remaining 20%.

Where the value of the home has fallen below the total outstanding balance of the first mortgage, it is possible to “strip” the second mortgage in Chapter 13 bankruptcy. (The debtor must qualify for a Chapter 13 repayment plan). A second mortgage can sometimes be converted into unsecured debt and could be discharged or classified as non-priority debt in the Chapter 13 plan.

Example: The homeowners paid $500,000 for their house in 2006, with a $400,000 first, and a $100,000 second. Since that time, their home has fallen in value to $395,000. These homeowners could strip off the second mortgage, eliminate $100,000 in debt (most likely at a much higher interest rate), and keep their home.

Stripping the second mortgage is not possible in every case. However, even if a homeowner does not qualify for a “strip down” of a second mortgage, they may be able to renegotiate the terms of the second mortgage, which may be at a high or variable interest rate.

Baxter & Baxter on Facebook

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We’ve relaunched our Facebook page, with a separate page for the Hillsboro, Oregon office.

Baxter & Baxter, LLP – Professional Services – Hillsboro, OR | Facebook

Hillsboro Office

Our Hillsboro, Oregon office is located in central Hillsboro. We serve consumers in Hillsboro, Aloha, Forest Grove, North Plains, Scholls, Sherwood, Cornelius, and the Washington County communities.

Baxter & Baxter, LLP
5635 NE Elam Young Parkway, Suite 300
Hillsboro, Oregon 97124
(503) 681-9752

Bankruptcy Attorney Vancouver WA

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Welcome to our mini-website for “Bankruptcy Attorney Vancouver WA.” The attorneys of Baxter & Baxter, LLP, are dedicated advocates for consumers. Baxter & Baxter, LLP, is a Pacific Northwest consumer protection law firm with offices in Oregon and Washington. To visit our firm’s main website, visit www.baxterlaw.com.

The Vancouver WA bankruptcy lawyers, Portland Oregon bankruptcy attorneys, Oregon City bankruptcy lawyers, and Hillsboro bankruptcy attorneys of the Baxter & Baxter, LLP, represent individuals in Chapter 7 and Chapter 13 bankruptcy. Our mission of committed and zealous consumer advocacy is unrivaled, and our track record of excellence and professionalism is recognized nationwide.

This site includes an aggregation of news stories about business, finance, and politics that bears upon our consumer protection and bankruptcy practice. We hope you will find the stories interesting and useful.

Call (360) 574-5239 to speak with a Bankruptcy Attorney in Vancouver WA today!

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