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Foreclosure Laws and What To Expect As A Borrower

Monday, November 8th, 2010

Due to the current economic turmoil being experienced in the United States, there are many homeowners who now find themselves in the position of being behind on their mortgage payments. It goes without saying that this is an extremely stressful, and often scary scenario to find oneself in. Having an understanding of foreclosure laws can go a long way in helping to alleviate this stress, and empower oneself to take the appropriate actions to work with the bank and get things back on track.

Unfortunately, gaining such an understanding can be difficult, given that foreclosure laws vary from state to state. The process can be quite different from one state to another, and these differences will largely determine the proper course of action for a homeowner.

Foreclosure Laws in California

However, as an example, let’s examine the foreclosure laws in the state of California and how they impact the potential time line for foreclosure by the bank, and the eviction process if things progress to that level. Keep in mind that the timeframes stated here are merely what is possible. Your particular lender may not operate completely according to this schedule.

1. In California, after 90 days of non-payment on your mortgage, California foreclosure law allows the bank to record a Notice of Default.
2. After an additional 90 days, the bank is allowed to record a Notice of Trustee’s Sale.
3. 21 days later, it is possible for the bank to sell your home at a foreclosure auction. This could result either in the bank finding a buyer for the home, or if the home does not sell at auction the bank could take the property back as an “REO”, or real estate-owned property. If your home sells at auction, at that point it could be nearly impossible to retain your home.
4. If the bank does take the property back as an REO, the bank’s asset manager may offer what is known as a “cash for keys” deal. Basically, the bank offers from $3,000 to $5,000 for you to voluntarily move out of the home within 3-4 weeks. After you have vacated the property, the agent for the bank can list the property on MLS for sale to the general public.

Once the process of selling your home is initiated by the bank, there are various methods available at your disposal to stop it, assuming that you are looking to buy enough time to work out a resumption of payments with the bank.

Bankruptcy

One option to stop the sale is filing bankruptcy. This creates an automatic stay on the foreclosure process. Unfortunately, this doesn’t always work as a long-term solution because a bankruptcy designed to allow you to keep your home often will require you to resume payments at the same amount you were at before going into default, plus more in order to pay off your arrears over three to five years. Obviously, unless your income has been restored to prior levels, this often is not a workable scenario.

Litigation

The only other way to force the bank to stop foreclosure is to sue the bank and get an injunction to halt the process. There are only a few possible grounds on which you can file such a suit, including statutory violations or mistakes during the foreclosure proceedings, and common law violations such as violation of the HAMP program, fraud, or breach of contract.

For any of these options, it is imperative that you seek advice from a qualified expert in the foreclosure laws of your particular state.

Is it Hard to Adapt to Living in Japan?

Tuesday, August 24th, 2010

The idea of moving to Japan for school or for work has become extremely popular in recent times. The country offers many great opportunities for people who are not native to the country. The thrill of learning a new culture is another reason why living in Japan is an exciting prospect for many people. The thrill of learning the Japanese language and being immersed in the culture is very exciting for many.

Living in a different country can be a challenge for anyone, so realizing that the Japanese are very particular about their customs and correct manners is very important. As a foreigner it is important that you become familiar with the basic rules of Japanese society.

While many of their people will cut a foreigner some slack on incorrect etiquette, if one performs something that is extremely disrespectful, then it might not be overlooked. Additionally, it is in your best interest as well to learn a little bit about the rules of a country that you are visiting or planning to live in.

An example of a Japanese culture difference involves entering a home. In Japan it is expected that outside shoes will be removed. The host then provides slippers for the guests to wear. Many people are aware of this custom of theirs; however, there are other shoe etiquette customs that are required in Japan that are not as widely known. For example, another Japanese society custom requires that any room with a tatami floor is to only be stepped on with socks or bare feet. Additionally, there are special slippers that are to be worn exclusively in the bathroom.

While it is important to try and learn as much about a new culture as you can, it would be impossible to think that you could learn everything about a totally new culture right away. This is true for anyone trying to integrate into Japanese society as well. If you have had extra time or exposure to a particular way of life, then it might make it easier for you.

For someone who is transplanting from a western country to Japan some customs will seem more foreign and some might seem more familiar. For example, in western culture it is considered bad manners to blow your nose at the dinner table, and this is indeed true in Japan as well. As time goes by it will become easier and easier to integrate into the new culture and you will no doubt find that living in Japan is easy.

While many westerners are making the decision to move to Japan for either school or work, they are also taking on the challenge of learning a new culture. There are many aspects to the Japanese culture that are extremely different from western culture and can take some getting used to, yet as time goes on it will become easier to integrate into the new culture. Once a person has gotten to this stage, then living in Japan will be much easier for them.

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