The Threat Of Foreclosure Is On The Rise, Part 3

Continued from Part 2

Foreclosures are definitely going to keep on rising, even with attempts by the government to bail out this situation. The biggest disaster would be if banks failed as a result of this foreclosure fiasco. Bear Stearns already collapsed under the weight of bad debt from houses that had to go through foreclosure proceedings. Most banks profits are at a standstill, or a 90% drop since last year.

Foreclosure is happening all over the United States and that is why it is so vital that you try to learn more about ways to prevent foreclosure from happening to you and your family. You should never take the loss of your home and major investment lightly. If you are buying a home in this rock-bottom market, make sure you factor foreclosure into your equation.

Careful forward planning will remove a lot of your financial worries and anxiety over owning a home, and given the economy going into recession, we should all definitely be trying to come up with some plans to help manage our bills each month and possibly even save ourselves some extra money. Put the plastic away, brown bag it for lunch every day, cut down on takeaway, or lattes.

Your home is the most important thing you own, but you don’t own it until you’ve paid every last cent on it. So you need to protect your investment in that home and avoid foreclosure. Stick to your budget and pay down debt, then remain debt free. Check your terms on your mortgage and find out if there are any penalties for early repayment (this might seem silly to you, but that is how the banks make their money, from all the interest you pay on the loan!) If there is no penalty, then go for it.

Even an extra $10 a month will help if it is the difference between being in debt for ages (think those minimum payments on your credit cards-again, they are making all their money from the interest you pay!) and getting out of debt as rapidly as possible.

If there is a penalty, once you are debt free, save that money in an interest bearing account, and start looking at safe short term investment opportunities, such as treasury bills, to keep growing your nest egg.

You might find that using these strategies, you can not only avoid foreclosure, you will be on the road to better asset management and true financial freedom.

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The Threat Of Foreclosure Is On The Rise, Part 2

Foreclosure notices are being sent out left and right at the moment, and many families are being faced with the stark reality check of knowing that they just can not afford their home any longer–or won’t be able to if they don’t start acting now to get themselves out of the red hole of debt.

The important thing is to educate yourself, and realize there is no quick fix for the problems which have probably been accumulating over time.

The other thing you should realize is the sacrifices will be worth it in the long run if you are just patient. The first thing you need to do is make sure that you do not render yourself homeless. You must also have enough to meet your utility bills and foods. Those are the basics.

Anything else is totally optional, and only if it is within some sort of sensible budget. A car may be essential for getting to and from work, or if you live in an area where there really is no public transportation. The high price of gas and home heating oil has really hit us hard in the past couple of years, so you are not alone in your struggles, and there are plans from various oil companies that can help.

Don’t be afraid to ask for help, or too proud. If your financial woes have come about as a result of illness, what payment plan options do you have for your medical bills, medications, and so on. Many of the big pharmaceutical companies have assistance programs, and many chain stores carry generics, some of which are prices at only $4. They are buying in bulk, and pass the savings along to you.

You can go to the library and look up all sorts of information for free in books, magazines, and on the internet. There are lots of non-profits that help with issues to do with money management and coping with financial problems. It may be hard to know where to start, but often just looking for the answer to one question will open you up to all sorts of possibilities so you can get yourself back on track financial and avoid foreclosure.

Start thinking of different things that you could do as a family to try to save yourselves a little bit of money here and there, because it not only all adds up in the short term, at the end of 6 months or a year, you will be very surprised to see just how much money you were actually able to save, or to use to pay down debt.

If you have far too many credit cards, consider talking to the lender yourself to explain your situation and ask if you can have a lower APR. You have probably seen loads of offers for 0% APR. So it is in their interests to keep you rather than let you go off to the other lender, so there is room for compromise. If things are looking so bad that you can barely make the minimum payments on your cards each month, consider a non-profit debt management service. They negotiate for the best APR and basically give you a pay down plan.

Let’s face it, it is ridiculous to save for your kid’s college education if you are swimming in debt. So get your budget in order, and above all, draw up a plan to prevent foreclosure which you can show to the bank or mortgage company. Look at all the real life examples at America’s Debt Diet of how people who looked as though they might lose everything, house, equity and investment in the house, and good credit rating, were able to haul themselves back from the brink by making financial management their second or even third full time job.

You do have the ability to make things better for yourself and for your family if you educate yourself, but it is a tough economy and things might just get worse before they get better. The only sure thing is that nothing is going to improve without some hard work and determination. Even if you don’t think you are at risk of foreclosure at the moment, educate yourself now. Draw up contingency plans as to what you would do if you were ever to lose your job, or become ill, and not be able to make your mortgage payments on time.

Learn more in : The Threat Of Foreclosure Is On The Rise Part 3

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The Threat Of Foreclosure Is On The Rise, Part 1

Even though interests rates are not really that high at the moment, the purchasing of homes all around has definitely taken a downward slide.

There are so many people that never have had the opportunity to experience the great joy of getting to purchase their own home, while still others have seen their dream become a nightmare in recent months.

Paying rent on homes throughout the years seems like a huge waste of money, when it could be going toward building equity in a home. Investing in a home in the hopes that the value will go up.

But since our economy has gotten so bad lately, it is difficult enough to even keep food on the table, let alone make those large monthly payments. The government has brought the interest rates down, but if you were on a fixed rate mortgage, chances are that has not really helped you.

The threat of foreclosure is extremely stressful, but don’t get paralyzed like a deer in the headlights. It is really important to talk to someone about your foreclosure situation before it gets out of hand.

In this article we will talk about the threat of foreclosure that has definitely been rising throughout the country. While it is absolutely unbelievable just how difficult these times have gotten for many, it IS possible to do something about it if you are willing to take action.

With our lives being so full of stress as it is, thinking about the possibilities of possibly losing your home through foreclosure can seem overwhelming.

If you find that you are struggling just to make ends meet then perhaps you need to think about making some changes in your life that might make it possible for you to cut down on expenses and make your mortgage payments more manageable.

Read more in: The Threat Of Foreclosure Is On The Rise Part 2

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Common Questions About Probate Answered

In this article, we want to deal with some of the most common questions regarding probate.

What is probate?

Probate is the process by which an estate left by a loved one who dies or “decedent” is administered, process and ultimately transfered to the heirs and beneficiaries of the estate.

The estate is first inventoried, then any debts against the estate are paid, any moneys due to the estate are collected, and then the remaining assets are distributed to the beneficiaries and heirs.

What property is excluded from the probate process?

Any property that is held by the decedent and someone else jointly or as “joint tenants with right of survivorship,” any property in a trust account that are “payable on death (POD) or “transfer on death TOD)” to a named person or persons, and any insurance or retirement benefits that have a named beneficiary will not go through the probate process.

Why does the property have to go through probate?

The probate process exists to protect all parties involved. Probate endows the executor or personal representative for the estate to handle the assets legally. Then, probate allows creditors the opportunity to make claims against and collect debts from the estate before the property ownership is transfered to the heirs and beneficiaries.

What are the normal steps to the probate process?

The probate court will appoint an executor in the case of a will, or a personal representative or administrator in the case of no will involved. The executor or administrator will accomplish the following tasks: care for the property, receive payments due to the estate, pay all legitimate debts against the estate, gather name, addresses, and other pertinent information of interested parties, pay all outstanding taxes against the property, and finally, distribute the remaining assets to the heirs and beneficiaries.

What are the costs of probate?

Each type of document that is filed in probate has a separate cost associated with it, typically around $200 per document. There can be attorneys fees charged for handling each part of the process, but these fees mostly must be approved by the probate court. The executor or administrator can also be paid a percentage of the estate for handling the case.

How long can probate take?

The length of probate cases vary from case to case. If the estate is relatively small, does not require filing state income tax, and has no complex creditor issues, the case can be settled in as little as six months. However, several factors can stretch out the process. If the estate must go through a tax audit, or if someone contests the will for any reason, the process can be delayed up to several years. Most probate cases are resolved anywhere from nine months to one year.

What about a will?

It is always a good idea to have a will properly drawn up. A will will make sure that your assets and property end up with the person or persons you intend. You can also name your own executor and settle any matters of dependent children in the will. It is always a good idea to review your will with an attorney to make sure that it meets your current needs. If you do not make out a will, your property will be distributed according to the inheritance laws of the state where you live. Will or not, your property will go through the probate process; a will just gives you more control in the outcome.

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What Does Probate Involve?

Probate is the legal process of administering the property and assets left by someone when they die (the decedent). The probate process also oversees the payment of claims, debts, taxes and other related expense against the estate are all paid according to the law.

Probate property is defined as property in the decedent’s name alone and is distributed by the directions of the will or according to the law. The probate proceedings take place in the county where the decedent lived and owned the property. If the decedent also owned property in another state, additional probate court proceedings may be required in that state.

Some property owned by the decedent may not be considered in the probate process and is not known as probate property. Any property held by the decedent and another person jointly, any property held in a trust, any bank or other accounts that are “payable on death,” or “transfer on death” to a named beneficiary, and any insurance and retirement benefits that have a named beneficiary are not considered probate property. However, all property is considered estate property and is still subject to federal or state taxes, whether or not it is probate property.

The probate process is necessary to legally give the executor or personal representative of the estate the right to handle the decedent’s probate assets.

The process gives the executor the duty of safeguarding the assets and property of the estate for the benefit of the heirs and beneficiaries.

Probate then allows for the creditors against the estate to be able to collect any debts owed by the decedents before the remaining assets are distributed to the heirs. There are costs in the administration of this sometimes lengthy process that must be paid from the estate also.

What are the duties required by probate? The first task of the probate court is to appoint a person to administer the estate. This person is called the personal representative or administrator, or if so named in a will, the executor. The executor or administrator can be a single person, a trust company, or a bank.

The executor or administrator has many tasks to complete in the probate process. He or she must care for all of the property and assets of the decedent. He or she must receive any payments due to the estate from interest, income, or dividends of any sort and then collect and legitimize any debts due to the estate.

Then, all names, addresses, and pertinent information about the heirs and beneficiaries must be gathered. The executor or administrator must then collect and validate any debts against the estate and pay the outstanding debts, which includes filing state and estate tax returns and paying the taxes for same.

The last task of the administrator is to distribute the remaining assets to the heirs and beneficiaries according to the will and the laws of the court.

The probate court judge and the probate court task supervises the entire process. Each separate action requires that the appropriate paperwork and numerous documents be filed in a timely and lawful way.

Each step of the process can be tricky and time consuming. As an executor or personal administrator, he or she may want to consult an attorney specializing in probate matters and a certified public accountant to handle the tax issues.

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The Probate Process

Probate is the process of handling the estate and assets of a person who passes away. The probate courts make sure that all the outstanding debts of the deceased are paid, and that the beneficiaries of the estate get what is left.

The important documents relating to the probate court case are known as the probate records. The first and most important document relating to the probate case is the will. The will should list the assets of the estate, who will be the beneficiaries, who will act a a personal representative for the estate, and who will be the guardian for any minor children. The will has to be legally drawn up with properly witnessed and notarized signatures.

There are many ways to draw up a legal will. Courts and law firms give away forms for will writing, and today, there are books, CDs, computer software, websites and e-books dealing with writing wills. Whichever method you choose to use to write your will, it is a good idea to get a lawyer specializing in wills to look over the final draft.

Another important document in the probate process is the proof of assets. The proof of assets is basically a list of the estate assets, which can include bank accounts, IRAs, stocks, securities, life insurance benefits, property, Social Security benefits, Tax Refunds, and any other item of value owned by the deceased.

There are other important administrative papers that are also necessary in the probate process. One of these is the petition for letters of administration, which is filed with the death certificate.

A judge conducts the probate court proceedings. With a letter of appointment, he appoints a person as executor of the will who administers the assets and handles the general proceedings.

Sometimes the judge will hold probate hearings and answer questions that are raised about the probate case by issuing written directions or “orders.” For example, the judge will issue an order to pay the deceased’s debts and taxes, then divide what is left among the beneficiaries.

The next step in the process is to post a Notice of Administration. This document is also known as the Notice to Creditors. The personal representative will give this notice after identifying, appraising, and safeguarding the probate assets, to the local newspaper. This document is published in the newspaper so that anyone, creditors included, can learn of the current status of the estate.

This will allow the creditors to take action if there is a claim to be filed against the account. The creditor would then file a “Creditor’s Claim,” which would allow them to get back any money owed by the deceased. In some states, like Washington, the Notice to the Creditor is optional.

After the creditors have been paid, the personal representative will distribute the remaining assets to the beneficiaries and heirs, who will then sign a document, the “Receipt and Waiver,” which says that the beneficiaries received their fair shares of the estate.

The last step for the personal representative is to submit all of the Receipts and Waivers and a document known as the “Declaration of the Completion of Probate” to the court for final processing.

Finally, the probate court will declare an order for the transfer of assets and property to the beneficiaries and heirs. With this declaration, the probate process is completed.

Probate is an essential part of estate management. The rules differ from state to state so be sure to look up the most recent information on probate in your state.

NOLO Publishers also has a useful website with Probate FAQs and a place to make your own will online. Go into your local library as well; chances are they will have some of the NOLO books right there for you to consult.

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