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January 15, 2014 by Todd Murphy

New Jersey Foreclosure Activity Still High in 2014

foreclosure homeNew Jersey foreclosure activity still high in 2014 according to the latest information from RealtyTrak which tracks the foreclosure market nationwide.  In New Jersey foreclosure filings have picked-up compared with a year ago, but, it still takes more than 2 1/2 years for lenders to evict New Jersey homeowners who can’t pay their mortgages.

According to RealtyTrak, the number of homes in or at risk of foreclosure  in New Jersey rose 55 percent from September of a year ago to September 2013. Foreclosures were all but frozen for more than a year after questions arose about “robo-signing” – in which mortgage industry representatives signed legal documents without checking them. It has resumed in the wake of several legal settlements and court rulings.

Lawyers from New Jersey’s largest foreclosure law firms such as Fein Such and Zucker Goldberg, tell me they filed a very large number of foreclosure cases in September and October in efforts to get many cases that were stalled for months back on track for a Sheriff’s sale.

New Jersey’s foreclosure process is still the second-slowest in the nation, after New York. Other states have already gotten past the worst of the foreclosure crisis, and foreclosure filings dropped nationwide about 27 percent in September compared with a year earlier.

In the third quarter, Florida and Nevada continued to have the highest foreclosure rates.

Filed Under: Featured, Foreclosure, Learn about Mortgages, News Tagged With: foreclosure, realtytrak, trends

January 15, 2014 by Todd Murphy

Good News: Mel Watt Confirmed as Fannie and Freddie head

FHFA Director Mel Watt Swearing In
Mel Watt

The Senate voted 57-41 on Dec. 10, to confirm Rep. Mel Watt, D-N.C., to head the federal agency overseeing Fannie Mae and Freddie Mac, ending a year-long battle by the White House to install a regulator

Mel Watt, a liberal Democratic congressman from North Carolina, favors  mortgage write downs. Watt will replace Edward J. DeMarco as director of the Federal Housing Finance Agency who has opposed allowing Fannie and Freddie to reduce the principal on mortgages they own or guarantee and has thereby made it tougher for you to get a principal reduction while modifying your mortgage.

This is good news but I’m not sure how long it will take Mel Watt to have his views make any effect on the current situation of mortgage lenders reluctance to reduce principal in home loan modifications.  Only time will tell.

Filed Under: Featured, Foreclosure, Learn about Mortgages, News Tagged With: FHFA, Mel Watt

January 15, 2014 by Todd Murphy

How To Protect Your Financial Information From Credit Card Hacks

TargetBy now many of you I’m sure have heard about the breach of credit card information by hackers who infiltrated the information data-bases of Target and Neiman Marcus (or Needless Markup as my wife likes to call them) and may be wondering just how to protect your financial information.

What is interesting about these data thefts is not so much that yet another one or two occurred but that these types of information breaches are happening regularly and many times the companies either don’t tell us about them or wait until a better time to tell us so we don’t stop shopping at a their stores.

For example, Stacey Vanek Smith of Market Place Business reported that Neiman Marcus knew about the data breach in mid-December but only announced it after the Holiday shopping season was over.  And Target didn’t tell the entire story until several days later and even then seemed to manage the information it did release.  Often such announcements are made on slow news days in order to minimize the impact.

Use of credit cards and debit cards is so common, we rarely use cash at all. So, what should you do to protect your date from these on-going breaches that are happening on a regular basis?  Pay with cash only?  Probably not.

How to protect your financial information.

You simply cannot control the data once you provide it to a retailer but what you can do is make your data un-useable if it is stolen.  Perhaps one good idea might be to regularly change your credit card numbers by calling your credit card provider and telling them you lost your card.  They will take immediate action to in-activate the old number and provide you with a new one right away.  At the same time, any charges that come on that card will not be charged to you since you reported the card as lost.

This can be a bit of an inconvenience but it will be effective.

Let me know if you have any good ideas to protect your financial information.

 

Filed Under: Collection Defense, Debt Issues, Featured, News Tagged With: Credit Cards, hackers, identity theft

January 15, 2014 by Todd Murphy

How can I protect my medical identity

Most people are unaware of the growing threat of medical identity theft but it can be serious if someone steals your protected health information (PHI), otherwise known as your “medical identity,” to gain access to medical services, to procure drugs, or to defraud private insurers or government benefit programs such as Medicare and Medicaid.

Your medical identity consists of your health information such as medical history, allergies to drugs, blood type, prescriptions, and of course your social security number and health care provider.

The transformation to electronic record-keeping has made it easier for some to obtain your PHI by some but most often, the theft is done by someone close to you.

In a recent Survey on Medical Identity Theft published by Ponemom, it was found that the thief is most likely to be someone the victim knows very well.  In the study which surveyed 700 victims of medical identity theft, most cases result not from a data breach but from the sharing of personally identification credentials with family and friends.  Or, that family members take the victim’s credentials without permission.

If someone uses your medical information, such use could contaminate the your health records with erroneous information such as blood type, serious health conditions, and prescription drugs.

Also, if a friend or family member uses your medical insurance to obtain treatment, you could become liable for the amount of the charges not covered by the insurance and possibly all of the charges once the insurance company realizes fraud was involved.  Receiving a bill from a medical provider might be the first sign that something is wrong and should be acted on quickly.

Example:

Jack was an Army Reservist who was called for duty in Afghanistan.  When he left, he put his medical insurance card form his employer in his dresser drawer for safe keeping.  While he was away, his brother, Bob, who had lost his job and therefore his health insurance, used Jack’s card to obtain medical treatment for a serious illness.

When Jack returned from service, he was almost terminated from his job for letting his brother use his card while he was away.  Of course he hadn’t but he had to go through the pain and effort of clearing his records while his brother was prosecuted for stealing medical services.

All of this could have been avoided if Jack kept his medical insurance card in a safer place.

How to keep your medical identity safe:

  • Keep your records in a lock box
  • Don’t share your records, even casually with another family member unless it is absolutely necessary
  • If you do share your information, keep a record of what information you shared and with whom
  • If you lose your wallet containing medical information, be sure to report the loss to your insurance company right away so your account can’t be breached

We all should be aware of the negative consequences of a medical identity theft and take steps to safe-guard our data.

 

Filed Under: Featured, News Tagged With: identity theft, medical records, protect health information

August 28, 2013 by Todd Murphy

Western Sky To Stop Payday Lending

Western Sky On-Line Payday Lender To Stop Making Loans!

I have written about payday loans many times and it always disturbs me to see what sharks these guys are. As a bankruptcy lawyer in New Jersey, I often see people who are in financial distress turn to some pretty unsavory companies.  Payday lenders are the scum of the earth and the damage inflicted because of such loans is nothing short of terrible.

Lately there has been a good deal of press about payday lenders with several states launching investigations and other actions.  Today, one of those companies, Western Sky Financial, says it will stop making loans.  As reported in The Washington Post an other news services that Western Sky will no longer be making their ultra high interest loans after September 3 as a result of governmental enforcement actions.

As being reported in the Wall Street Journal, several states have filed enforcement actions against Western Sky alleging that its loans violate state licensing and lending laws.  Western Sky contended that it was a entitled to tribal immunity because one of its owners is a member of the Cheyenne River Sioux tribe.  To date, every court that has considered this proposition has rejected Western Sky’s claim that it is entitled to tribal immunity.

Unfortunately, even though Western Sky says it will stop making loans, there are a large number of “loans” still outstanding.  If you have a payday loan from an out-of-state lender or an on-line lender, you should consult with a lawyer in your area to see if that loan is also illegal.

Considering bankruptcy?  Todd Murphy, a NJ Bankruptcy Attorney, is the New Jersey Bankruptcy Lawyer people have trusted for over 15 years for Chapter 7 Bankruptcy and Chapter 13 Bankruptcy.  Our office is conveniently located to serve all of Essex County, Bergen County, Passaic County, Hudson County, Union County, Morris County, and Middlesex County.

Filed Under: Collection Defense, Featured, News, Unscrupulous Collectors Tagged With: payday loans

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