J. Thomas Black - Bankruptcy News - Happy Holidays! November/December 2006 Newsletter

We hope Santa can find us! In case you didn’t hear the news, we moved our office on September 30, 2006. We are now at our new location at 2600 South Gessner, Suite 110, Houston Texas 77063, just four blocks east of Beltway 8 at the corner of Westheimer and South Gessner. The phone, fax and email addresses all stayed the same.

In October, Mr. Black obtained a $22,000 settlement from Citimortgage, Inc. in a suit Mr. Black brought against them for violating the bankruptcy automatic stay and for violating mortgage servicing laws. The suit alleged that the company had paid property taxes that were provided for in the clients’ Chapter 13 plan, and then raised the clients’ house payments in an attempt to collect the money directly from them. Citimortgage continues to deny the allegations. If your mortgage company is doing this, or is engaging in mortgage servicing abuse, call or email Mr. Black. You may be entitled to money damages. Mortgage servicing abuse is growing. Abusive servicing occurs when a servicer obtains or attempts to obtain unwarranted fees or other costs from borrowers, engages in unfair collection practices, or through its own improper behavior precipitates borrower default or foreclosure. A wide range of servicing abuses have been documented, including misapplying payments, force-placing insurance for borrowers who have already provided proof of insurance, charging late fees when borrowers are current, engaging in coercive collection practices and falsely claiming amounts due.
In September, attorneys working with Mr. Black obtained a $14.5 Million jury verdict against a drunk driver in Harris County probate court after a week-long trial. The drunk driver had killed a friend and former client of Mr. Black’s, by rear-ending her vehicle while it was stalled on the Beltway and causing it to burst into flames. The drunk driver is now in prison, and the decedent’s emotionally challenged son will now have the “wherewithal” to have adequate care and treatment for the rest of his life. If a friend or loved one has suffered death or serious personal injury due to the negligence of someone else, call Mr. Black at 713-772-8037 or toll free 1-877-597-9358. He can locate and associate with some of the finest litigation attorneys in the nation to do the best possible job on your case. ■

Most of the important things in the world have been accomplished by people who have kept on trying when there seemed to be no hope at all. Dale Carnegie, Author

SAVE $$$$$ Property Taxes Too High? You can help keep them low. Property taxes are due now, and are last payable without penalty on January 31, 2007. If you don’t pay by then, you are socked with stiff penalties. To keep your taxes as low as possible, claim all the “exemptions” that you can legally claim, such as homestead, disabled, and/or over 65. If you need forms to claim these exemptions, go to www.jthomasblack.com and click “Links,” “Consumer Information,” and then “Harris County Appraisal District.” Very Important: Protest your home’s valuation each year. Only 12% of people do. You can do it yourself, and the forms are on the HCAD website. But I’m too busy, so I have a service do it for me. There are several such services in town, but the one that I use is Patrick O’Connor’s, and his web site is under “Consumer Information” along with HCAD’s site. He will protest your taxes, and you only have to pay him if he wins. If he gets a $300 reduction off your tax bill, you only have to pay him 50% or $150. Doesn’t sound like much to save? Have him do it year after year, like I have. It has really made a noticeable difference in my property taxes. ■

J. Thomas Black acquired advanced legal training in November at the National Consumer Law Center’s Consumer Rights Litigation Conference in Miami. Mr. Black spent four full days in training sessions on such subjects as How to Stop Mortgage Servicing Abuse, Truth in Lending and Rescission of Mortgages, the Home Ownership and Equity Protection Act, Stopping Predatory Lending Practices, etc. If you consult Mr. Black about your debt or money problems, you can be assured that he has received some of the best legal training available anywhere. Mr. Black goes far beyond the “required” or minimum amount of continuing legal education that lawyers must take. If you have hired Mr. Black to represent you in a bankruptcy or other case, please bring in your documents such as your car or truck contracts and mortgages and related documents, so Mr. Black can analyze them. It is not unusual for creditors to make serious errors in the documents, that can result in you being entitled to money damages or in some cases even “rescind” (cancel) the mortgage on your home! ■

Do you have debt or credit problems? Are bill collectors threatening to take your home or garnish your wages? Are they threatening to do anything else that they are not allowed to by law? Is your mortgage company charging you fees and costs that are not due? Does your credit report have inaccurate items that the credit bureau refuses to fix? Are you just overwhelmed with debt? Call my office for your free consultation with me. Call 713-772-8037 and press 0 during working hours, and make an appointment to meet with me. Bring all the documents about your claim or situation. ■

The time is always right to do what is right. Martin Luther King

I.R.S. News – Are You Due A Refund?WASHINGTON — An average refund of $963 is waiting for 95,746 taxpayers whose refund checks have been returned to the Internal Revenue Service as undeliverable. The checks, worth a total of $92.2 million, can be claimed as soon as their owners update their addresses with the IRS. In some cases, a taxpayer has more than one check waiting. “Every year, many taxpayers miss their refunds because they move without notifying the IRS or Postal Service of a change of address,” IRS Commissioner Mark W. Everson said. "For those missing their check, the IRS is making it easier than ever for taxpayers to update their information and claim their refunds."

Taxpayers can use the "Where's My Refund?" feature on the home page of the IRS.gov Web site to learn the status of their refunds. To use it, a taxpayer must enter a Social Security number, filing status (such as single or married filing jointly) and the refund amount shown on the taxpayer’s 2005 tax return. When the information is submitted, “Where’s My Refund?” will display the status of a refund and, in some cases, provide instructions on how to resolve potential account issues. Taxpayers can access a telephone version of “Where’s My Refund?” by calling 1-800-829-1954.

A taxpayer can also ensure the IRS has his or her correct address by filing Form 8822, Change of Address. Download the form from IRS.gov or request it by calling 1-800-TAX-FORM (1-800-829-3676).

Additional information about dealing with I.R.S. tax problems is available on my website at www.jthomasblack.com, click on “Legal Information” and “I.R.S. Collection Defense,” or call my 24-hour information line at 713-772-5730 or 1-800-631-3896. ■

You know you are getting old when people tell you how good you look. Alan King, Comedian (1927-2004)
ARE YOU IN CHAPTER 13 NOW? Always keep my office updated with your current address, telephone numbers, and email address(es). We may need to reach you quickly. If you want to review the status of your case with Mr. Black, call the office and make an appointment to meet with him, or call him at 713-772-8037, extension 16. You can also email him at tom@jthomasblack.com. 24 hours/7 days a week, you can check on the status of your Trustee payments, how much you still owe on your case, etc., by going to your Trustee’s web site, click on “Chapter 13 Inquiry” and enter the login “debtor” and password “debtor.” Don’t know your Trustee web site address? Go to Mr. Black’s web site located at www.jthomasblack.com and click on “Links” and “Bankruptcy and debt relief.” The Trustee web sites are all listed. Remember, you must have Court permission to (1) buy or sell a house; or (2) refinance. ■
J. Thomas Black was licensed as an attorney in Texas by the Texas Supreme Court in May, 1982. Mr. Black is Board Certified in Consumer Bankruptcy law by the Texas Board of Legal Specialization. Mr. Black is also a Certified Financial Planner™ professional.