Entries by Russ Weekes

Preventing Foreclsoure

Will Filing Bankruptcy Stop Foreclosure Your lender has started foreclosure. What should you do? What are your options? Will bankruptcy stop foreclosure? How can I bring my mortgage current? These are common questions facing those who find themselves in foreclosure. This article answers these questions and outlines some options.

Should I Sign A Reaffirmation Agreement?

A reaffirmation agreement is an agreement by which the debtor agrees to remain personally liable for a debt post-bankruptcy.   A reaffirmation agreement essentially eliminates the benefit of filing for bankruptcy in Salt Lake or one specific debt.  Because reaffirming a debt undermines the most basic benefit of filing for bankruptcy in Salt Lake, you should […]

Divorce and Bankruptcy: Surprising Results

Separation Agreements that are incorporated into a divorce decree (and decrees of divorce themselves) pose difficult and sometimes unexpected results in bankruptcy.  Many of the general rules of bankruptcy can be dramatically altered with a separation agreement or divorce decree.  This article discusses a few of the problems that divorces and divorce decrees pose in […]

Understanding Your Rights: Tenants Following the Landlord’s Foreclosure

In the wake of the U.S. foreclosure crisis, and as part of the Helping Families Save Their Homes Act of 2009, congress enacted the Protecting Tenants at Foreclosure Act (“PTFA”).  This relatively unknown piece of legislation has significant importance to tenants of property that is foreclosed.  Legislative history of the PTFA reveals that “for too […]

Loan Modification or Chapter 13 Cram-down?

In 2009 Congress enacted the Helping Families Save Their Homes Act of 2009, which among other things requires federally insured lenders to engage in loss mitigation actions for the purpose of providing an alternative to foreclosure, including forbearance, loan modification, and deeds in lieu of foreclosure.  Perhaps the most popular among these initiatives is loan […]

Most Estate Plans Don’t Work!

It may come to a surprise to most people to hear an estate planning attorney admit that most estate plans don’t work.  In our experience, however, that is indeed the sad reality.  They “don’t work” because they fail to meet the expectations of planner.  That’s to say if the decedent could see what happened to […]

Adopt the Principal Paydown Plan

Since 2008 the U.S. real estate market has dogged our economic stability.  The recession was largely caused by exotic mortgages enabled by mortgage-backed securities creating a false value of real estate.  Three years later, Americans continue to struggle with the resultant negative equity in their homes.  It is generally understood by experts and laymen that […]

Welcome to our Legal Blog!

Welcome to Weeekes Law’s Legal Blog!  This blog will be used to provide legal articles on new developments in the law, answers to common legal questions, and announcements regarding the law firm.  We hope you find the information provided on our blog useful, informative and current.  We encourage you to follow us, check back often […]