Grossbart, Portney & Rosenberg

12/28/2025

https://www.nytimes.com/2025/12/27/business/student-loans-bankruptcy.html?searchResultPosition=1

A new study suggests that distressed borrowers using a simpler bankruptcy process are succeeding — and that more people like them should try.

12/25/2025

Want to stop a foreclosure?

12/25/2025

15 Ways Homeowners Can Fight Off Zombie Second Mortgage Foreclosures

1. The Statute of Limitations
2. Challenging Authority to Foreclose a Second Mortgage
3. Claims Under TILA and RESPA
4. The Fair Debt Collection Practices Act
5. Contract-Based Claims and Defenses
6. Negligence-Based Claims and Defenses
7. Defenses and Claims Based on State UDAP Statutes
8. Laches and Equitable Defenses to Second Mortgage Foreclosures
9. State Law General Foreclosure Requirements
10. State Laws That Specifically Regulate Second Mortgages
11. Bankruptcy Remedies Applicable to Zombie Second Mortgages
12. Loss Mitigation Options for Junior Mortgages
13. Issues Involving Deficiency Claims Specific to Second Mortgages
14. Recoupment Strategies Against Zombie Seconds
15. Defenses and Claims Related Specifically to HELOC Loans

12/16/2025

Recently a well-known local television journalist called to consider bankruptcy despite having a substantial income. After receiving the necessary documentation, I was able to determine what the monthly chapter 13 plan payment would be for 5 years. After contemplation the decision was to not file and just make the best effort going forward.

I post this antidote to remind people you don't necessarily need to file bankruptcy, but it is best to make an informed decision.