Category Archives: foreclosure

What Is Mortgage Arrearage?

Mortgage arrearage is the amount you are behind in

Mortgage arrearage
Mortgage arrearage

your mortgage payments.  Not behind like in the picture,

Behind as in missed payments, plus late fees, plus, well,

some other things.

Mortgage Arrearage

Interest accrues on the unpaid balance of a loan, so if you cannot make your mortgage payment, the balance goes up, not down, by more than just the payment you missed.

Mortgage companies charge late fees if you are, usually, more than ten days late.

If you did not get insurance, the mortgage company will buy it, and add that amount to your balance, and the arrearage goes up.

Same with property taxes.  Liens for unpaid property taxes trump mortgages, that is, the government can foreclose for unpaid taxes and get your house WITHOUT paying the mortgage company anything.

So, all mortgages, from the banks anyway, allow them to pay the property taxes if you do not, and, add that to the mortgage arrearage.

Mortgage contracts usually allow any cost of collecting the mortgage to be charged to you, which could be BPO (broker price opinion) if they are getting ready to foreclose, title search, “inspections” that are someone driving by to verify the home is occupied, costs of publication in the Legal News, and: (drumroll) the ever popular “attorney fees.”

There are limits, by court, statute, regulation on most of these charges, but, they all get included in the mortgage arrearage.

Chapter 13 Bankruptcy

Chapter 13 is a payment plan bankruptcy, which can give you up to five years to catch up on, yes, mortgage arrearage.

Many courts limit that to three years, but, that is more than a mortgage company will give you.

You have to pay the Chapter 13 trustee, who keeps a percentage to run the office, and she pays the first mortgage, plus, something on the arrearage.

Of course, your budget has to be real, and, show that you have enough left over after living expenses to make your Chapter 13 plan payment to the trustee.

And, in bankruptcy court, you can object to the mortgage arrearage claimed by the mortgage company, if the amounts are unreasonable or otherwise violate the applicable statutes and regulations.

Before the 2007-08 crash, this was the reason for most Chapter 13 bankruptcies.

It is still a good deal, if your house is worth more than you owe on it.

And, if your income went down for a while, but, is back up, so that you do not have the 6 months, or whatever, payments that you missed, but, you can afford to pay more for the house, as that is the only way to pay off the mortgage arrearage.



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Justice For The Villains?


At last?  Bank of (EVERYTHING IN) America, which bought Countrywide, the greatest perpetrator of mortgage fraud in the real estate bubble burst which is still with us, may get nailed by a U. S. District Court Judge. We can only hope. I stopped writing for my mortgage blog, out of despair for getting relief forContinue ReadingContinue Reading

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Foreclosure Fraud, Now, Foreclosure Settlement Fraud


I think this is the same graphic I run every time I talk about the various government settlements with the mortgage companies. Many bankruptcy filings, tens of thousands, have been caused by the foreclosure fraud wrought on our country by the mortgage industry and their lapdog politicians. I share the views and frustration of theContinue ReadingContinue Reading

11 Responses to Foreclosure Fraud, Now, Foreclosure Settlement Fraud

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Homeowner Help? Or Government Sellout?


The long awaited on again, off again, multi-state settlement between the Attorneys General of our various states and the mortgage company rapists, uh, crooks, is apparently on again. Unless this is your first trip to this blog, let me end the suspense:  the proposed settlement is: image credit: dreamstime Sorry to ruin the ending. WhatContinue Reading

3 Responses to MERS Says No Mas! To Michigan Foreclosures

  1. I live in Michigan ,am being foreclosed on by BOA, but they say FNMA ACT?ACT is the creditor, sale date is aug30, I don’t know what to do, can you help?

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