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Jul 07



1. Stay busy after work

One “easy” way to avoid overspending and thus stay within your budget is to have something else to do after work. Get a second job that is fun, go to school, volunteer or get into great physical shape. The more you do, the less you will spend!

2. Watch those miscellaneous categories

Make sure you have enough well-defined categories to capture your true spending. Putting too much into a miscellaneous category makes it harder to track what you have spent and harder to control, especially the splurges!

3. Need

If you did not know you need it, you probably do not. Do not buy things just because they are on sale. If you had no use or want for it before you saw it on sale, then you will have no use for it later.

5. Don’t Forget to Budget for Special Occasions

When forecasting your expenses, remember to include gift-giving occasions. Mother’s Day, Valentine’s Day, birthdays, Christmas, and anniversaries are good examples. If you plan to spend money on these occasions, remember to include this in your budget.

6. Don’t use a debt to get out of another debt

Do not take out a consolidation loan to pay off your other debts. The point is to get out of it, not to squeeze them together and end up paying interest on the loan while paying off your debts. Try consulting a “free” debt counselor service first.

7. Remember To Budget Time As Well

We have all heard “time is money.” Well-spent time can be an investment. Take a few minutes to plan ways to save on bills – 15 or 20 min. researching lower rates on electricity or long distance can pay off. You will know when time spent is not worth it.

8. The envelope system

Total yearly/monthly bills, divide each into 12 months. Divide monthly amount into bi-weekly payments. Use envelope for each bill; put in cash every 2 weeks. Use only the cash in envelope till it is gone. Do not touch your account/debt card! Envelopes ONLY!

9. Good teeth cheaper

You can go to a dental school to have your teeth cleaned, filled, orthodontic work done, etc. The cost is approximately half what you would usually pay. Note: Make sure you have some extra time as this takes a little longer.

10. Avoid expensive friends

Avoid friends who want to go for drinks all the time or suggest an evening at home. The money you spend on drinks and snacks, can buy something better, or go into your savings account. Also avoid friends who want to have supper at your house because you are a “good cook” what that really means is that they are saving money while you are grocery shopping.

11. Keep Track of Your Expenses on a Daily Basis

I call the bank’s automated line and do my banking every single night before I go to bed. I can see what checks and/or debits from my debit card are posted and what my running balance is. I compare with what I have in my checkbook or with receipts. This only takes about 10 minutes. Often people get into trouble when they try to keep a running total of what they have left in their head and get into trouble.

12. How To Live Within Your Budget

Organize, budget, and beat stress.

13. Know what you spend

Establishing a budget, and periodically entering all of your purchases into money managing software, should take the guesswork out of your finances. At the beginning, minor changes will most likely need to be made to your budget. Once you have a finalized budget, one person should be responsible for maintaining the budget and tracking finances. I sit down with my wife on a monthly basis and go over our financial results. If we are close to exceeding a budget line item during the month, I will tell my wife and we adjust our spending accordingly.

14. Cut down on interest

With bills happening throughout the month, people can find themselves poor one part of the month, and rich during the other. My bank offers free online bill pay, so I take all of my bills, and divide it by 4. I then pay weekly, so I always have the same spending cash each pay check. It also cuts down on the interest that accrues.

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May 23



If you’re in the process of buying a house, you may have come across the phrase “interest only mortgage”. As the name suggests, this is where you simply pay the interest and nothing else for the duration of the mortgage. There are pluses and benefits to these types of mortgage, and as long as you’re aware of them, and can afford to take it out, then an interest only mortgage may offer you a workable solution to affording your first home.

The Pros

Perhaps the most obvious part of an interest only mortgage is that because you’re only paying the interest on your house, the payments are a lot lower than what they would be on a more traditional mortgage. Since the interest on a mortgage is only a small percentage of the overall cost, then that shows in the monthly payments. This allows you to be able to have more “free money” each month, which of you’re just starting out on the property ladder can make all the difference.

An interest only mortgage also allows you to make better use of that extra money. For example, you could put it into a high yield savings account, or stocks, or even another property, which you could then rent out. This would then see you having residual income every month, which you could then transfer to your high interest savings account to pay for your mortgage at the end of the loan period.

The Disadvantages

Although an interest only mortgage offers many advantages over a more traditional mortgage, there are also the downsides to it that you should be aware of before you sign up for one.

Ironically enough, the big advantage of this type of mortgage is also one of its biggest disadvantages. Because you’re only paying the interest on the loan itself off, you’re not taking anything off the principle sum, or the mortgage itself. Therefore, when the end of the mortgage period comes round, you’re going to have a substantial amount still to pay. Unless you’ve saved for that time, you could find yourself coming up short and losing your home, even if it’s 25 years down the line.

If you decide that you do want to take out an interest only mortgage, there are ways that you can help yourself prepare for the end of the repayment term. These include:

Paying into a monthly savings or investment account Sell another property (if applicable) or use any inheritance you may have Switch to a repayment mortgage throughout the duration of the interest only one. This is especially popular with people who find themselves promoted to a higher paid job, for instance Sell the actual property to pay for the loan

These methods all have their pluses and minuses, and some are more attractive than others. This is why it’s important for you to be completely sure that you understand what’s involved with interest only mortgages, and whether they’re right for you, before signing up for one.

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Mar 27



A fixed rate mortgage loan is a mortgage loan where the interest rate on the note remains the same through the term of the loan, as opposed to loans where the interest rate may float.

Other forms include interest only mortgage, graduated payment mortgage, flexible rate including changeable rate mortgages and tracker mortgages, negative payoff mortgage, and balloon payment mortgage.

Take to consideration that each of the loan forms above except for a direct changeable rate mortgage can have a period of the loan for which a fixed rate may apply.

A Balloon Payment for fixed rate mortgage loan, for example, can have a fixed rate for the term of the loan followed by the ending balloon payment.

Terminology may differ from country to country: loans for which the rate is fixed for less than the life of the loan may be called hybrid flexible rate mortgages.

This payment sum is independent of the additional costs on a home some periods handled in escrow, such as property taxes and property insurance.

Thus, payments made by the lender may change over period with the shifting escrow sum, but the payments handling the principal and interest on the loan will remain the same.

They are described by their interest rate which including compounding frequency, sum of loan, and term of the mortgage. With these three values, the calculation of the monthly payment can then be done.

The fixed monthly payment is the sum paid by the lender every month that ensures that the loan is paid off in full with interest at the end of its term.

This monthly payment depends upon the monthly interest rate expressed as a fraction, not a percentage, i.e., divide the quoted yearly minimal percentage rate by 100 and by 12 to obtain the monthly interest rate, the number of monthly payments known as the loan’s term, and the sum lent known as the loan’s principal; rearranging the formula for the current value of an regular allowance we get the formula.

They are usually more expensive than flexible rate mortgages. Owing to the natural interest rate risk, long term fixed rate loans will lean to be at a higher interest rate than short term loans.

The change in interest rates among short and long-term loans is known as the yield curve, which usually slopes upward. The opposite situation is known as an inverted yield curve and is relatively infrequent.

The fact that it has a higher starting interest rate does not indicate that this is a worse form of borrowing related to the changeable rate mortgages.

If the rates rise, the ARM cost will be higher while the FRM will remain the same. In effect, the lender has agreed to take the interest rate risk on a fixed rate loan.

Some studies have shown that the majority of creditors with flexible rate mortgages save money in the long term, but that some creditors pay more. The price of potentially saving money, in other words, is balanced by the risk of potentially higher costs.

In each case, a choice would need to be made based upon the loan term and the likelihood that the rate will increase or decrease during the life of the loan.

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Jan 14



5 year fixed rate mortgage is a mortgage loan where the interest rate on the note remains the same through the term of the loan, as different to loans where the interest rate may change. Other forms of mortgage loans include interest only mortgage, graduated payment mortgage, changeable rate including changeable rate mortgages and tracker mortgages, negative paying off mortgage, and balloon payment mortgage.

Remember that each of the loan categories above except for a direct changeable rate mortgage can have a period of the loan for which a fixed rate may apply.

A Balloon Payment mortgage, for example, can have a fixed rate for the term of the loan followed by the ending balloon payment. Terminology may differ from country to country: loans for which the rate is fixed for less than the life of the loan may be called hybrid changeable rate mortgages.

This payment amount is independent of the additional costs on a home some periods handled in escrow, such as property taxes and property insurance. Therefore, payments made by the lender may change more than period with the adjusting escrow amount, but the payments handling the principal and interest on the loan will remain the same. There are different categories of commercial mortgage is a loan made using real estate as guarantee to secure repayment. Such as 5 year fixed rate mortgage.

A commercial mortgage is related to a residential mortgage, except the guarantee is a commercial building or other business real estate, not residential property. In addition, commercial mortgages are normally taken on by businesses instead of personal lenders.

The lender may be a partnership, incorporated business, or limited company, so assessment of the creditworthiness of the business can be more complicated than is the case with residential mortgages. In 5 year fixed rate mortgage no recourse, that is, that in the event of default in repayment, the borrower can only seize the guarantee, but has no further claim against the lender for any remaining shortage.

The common reason for this is twofold many laws extensively avoid the borrower from going after the lender for any shortage, and mortgages structured for sale as bonds give a higher priority to always receiving some sort of income and therefore require a sentence which permits the lender to take the property instantly, regardless of bankruptcy proceedings that the lender might be going through.

The 5 year fixed rate Mortgage in the in the globe, require the lender to simply make a monthly payment small sufficient to pay off the loan more than a 10 year period, need a balloon payment a total sum after a lesser period.

The lender most likely wills effort at that period to refinance the loan or sell the property. Thus there are two elements usually to the term of a commercial mortgage loan, the length of period allowed until balloon payment known merely as the term, and the paying off.

The length of the loan can vary from a matter of days to 10 years. If a loan had a 10 year paying off schedule, but a 5 year term it would commonly be referred to as a 5 year balloon with a 5 year payment schedule.

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Jan 17

Challenging Wrongful Foreclosure in Nevada

This is a brief guide for lay persons about how to challenge foreclosure successfully. This memo is not a substitute for legal assistance. Foreclosure is a complex areas of law and one should not venture into it without proper legal help. However, at this time it is meant as only education purposes.  It is divided into the following parts:

 Filing Bankruptcy before Foreclosure Occurs


Suing to Enjoin Foreclosure before It Occurs
Suing to Set Aside a Foreclosure that Has Already Taken Place
Filing a Counterclaim in the Detainer Action after Foreclosure Has Occurred
Filing Bankruptcy after Foreclosure
Procedural Grounds for Challenging the Foreclosure
Substantive Grounds for Challenging the Foreclosure

 Filing Bankruptcy before Foreclosure Occurs

This is often the shortest and simplest procedure.

It has the following advantages: a bankruptcy filing automatically prevents foreclosure temporarily and sometimes permanently; you have the opportunity to cure a default in your payments by paying the delinquent amount in installments over a reasonable period; you may be able to reduce or eliminate the fees of the lender’s attorney; and you may be able to avoid interest on the amount you are delinquent (though not interest on the loan itself).

Hire a qualified lawyer for bankruptcy. A paralegal would not understand all the issues. It is not just the forms needed to be filled and filed. Also, you need an expert who can give you a qualified opinion considering all of your target areas.

You must file before the foreclosure sale takes place, a time that usually is only 20 or so days after the foreclosure process starts with a letter to you or a notice in a newspaper.

 Suing to Enjoin Foreclosure before It Occurs

To obtain an injunction, you must file a complaint in a court. You will need a lawyer. Only a qualified lawyer can tell you how to obtain an injunction. Sometime a bond is required, and more often the requirements of a bond are dispensed with based on proper grounds.

There is a “clear” showing of “immediate and irreparable injury, loss or damage” or “that the acts or omissions of the adverse party will tend to render [the] final judgment ineffectual., in seeking Temporary injunction. Judges take this requirement seriously.

The most difficult requirement of all may be the need to give a bond “in such sum as the court … deems proper” unless you successfully obtain permission to bring the action as an indigent person. A homeowner with only modest amounts of other assets and income may be unable to qualify as indigent and may also be unable to find anyone willing to provide a bond, especially one on short notice.

 Suing to Set Aside a Foreclosure that Has Already Taken Place

The grounds for setting aside a foreclosure are limited to “some evidence of irregularity, misconduct, fraud, or unfairness on the part of the trustee or the mortgagee that caused or contributed to an inadequate price.” Defenses like the absence of a delinquency or violations by the lender of federal or state commercial law may not be raised.

The burden of proof is upon you in a lawsuit to set aside a foreclosure. Damages are the only remedy. There is nothing to prevent a third-party purchaser from keeping your house even if he knows of your claim against the lender and even if he believes that your claim is meritorious.

 Filing a Counterclaim in the Detainer Action after Foreclosure Has Occurred

Foreclosure may be challenged by a counterclaim when the lender (or other new owner of the property) seeks possession by a “detainer” action. It is better to file the counterclaim in writing, and the grounds for doing so are discussed below. It is preferable that you use a lawyer to assist you, but most persons do not.

Lenders may assert that a wrongful foreclosure may not be challenged even when the parties are before the court on the issue of possession, the right to possession is necessarily founded on ownership, and ownership depends on the lawfulness of the foreclosure.

Not every new owner is successful in obtaining possession. It may overlook the proof that is necessary to show that it the foreclosure was conducted properly and that it was entitled to foreclose – things like affidavits or testimony showing that you did not make timely payments. You may and should contest every assertion made by the new owner, even if you do not have a lawyer. The new owner has the burden of proof. If it fails to meet that burden, the judge may conclude that you are entitled to remain in possession even though you no longer own the home.

 On the other hand, if the new owner is successful in the detainer action, it is entitled not only to possession but also to the rental value of the property from the date of foreclosure until the date of removal.

Must furnish a bond

 The amount of it can be prohibitive: a “sufficient amount to cover, besides costs and damages, the value of the rent of the premises during the litigation.” Even the furnishing of an affidavit of indigency may be insufficient to retain possession during an appeal.

 Filing Bankruptcy after Foreclosure

 It is possible to set aside the foreclosure through the bankruptcy process. The grounds that may be asserted are discussed below.

 There is some good news even if you lose the challenge; bankruptcy usually discharges all or part of a deficiency judgment against you for any amount still due after the foreclosure occurs.

Procedural Grounds for Challenging the Foreclosure

Failure to Give Personal Notice. No personal notice to a borrower is required by statute. However, we believe that federal and state constitutions require personal notice to each borrower, either by summons or by certified mail that is actually received, and we are litigating cases so as to establish this principle.

Insufficient Notice by Newspaper Publication or Posting in Public Places. Under Nevada statutes, advertisement of a foreclosure sale must be made three different times in “some” newspaper “published” in the “county where the sale is to be made.” Only 20 days’ notice is required, and the use of publications read almost exclusively by lenders and lawyers is permitted. Both the shortness of the time and the use of obscure newspapers seem vulnerable to constitutional objection.


Failure to Give Notice Required by the Deed of Trust. Many deeds of trust require notice of foreclosure by certified mail, or at least by mail, in addition to notice by newspaper publication. Many also require notice – before foreclosure is sought — that the entire sum has been declared to be due because of a late payment or other default.
No Meaningful Opportunity to Dispute the Foreclosure. This too is a constitutional challenge to Nevada’s foreclosure process. It is based on the notion that making you find a lawyer and file a lawsuit in 15 days, assume a high burden of proof, and furnish a bond are unfair hurdles imposed on you.
Defects in the Foreclosure Sale. Nevada judges have said that the foreclosure must occur in the county in which the property is located; it must take place at an accessible location; and a lender may not use a purely technical default as a basis for foreclosure. However, when the lender demands the full amount of the debt, they have refused to let the borrower cure the delinquency by paying the disputed amount before the foreclosure occurs. They also have ruled that there is no minimum price that must be paid and have allowed the lender to recover a deficiency judgment if the amount received in the sale is less than the amount owed. They have yet to decide whether the combination of a shockingly low price and another procedural defect are sufficient to disallow the foreclosure.

 Substantive Grounds for Challenging the Foreclosure

The following claims and defenses are among those that may be raised so as to defeat a foreclosure altogether or reduce the amount of any deficiency:

 Late Payments Were Accepted on Other Occasions. This suggests that the lender waived the right to refuse late payments and was estopped from foreclosing.


The Lender Refused to Supply a Pay-Off Amount or Accept Full Payment so Foreclosure Could Be Avoided. Despite unfavorable precedent, this could be a viable ground.
A Borrower was in Military Service at the Time of the Foreclosure.
The Loan was Unconscionable. That is, the inequality of the bargain is so manifest as to shock the judgment of a person of common sense, and the terms are so oppressive that no reasonable person would make them on the one hand, and no honest and fair person would accept them on the other.
The Making of the Loan, or the Servicing of It, was Riddled with Unfair and Deceptive Practices that Violated the Nevadae Consumer Protection Act.
The Servicer Collected Unauthorized Fees for the Escrow Account, or as Late Charges, or as Attorney Fees during the Foreclosure Process.
One Spouse Was Required to Sign the Mortgage Note even though the Credit of the Other Spouse was Sufficient.
One or More Borrowers Lacked the Mental or Physical Capacity to Borrow.
The Mortgage Broker Was Paid an Unlawful Sum by the Lender.
The Lender Violated a Relationship of Trust with the Borrower that Developed in the Lending Process.
There Was Fraud or Misrepresentation by the Lender in the Making of the Loan.

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