About Oni Harton, Esq.
Oni Harton is an experienced estate planning and litigation attorney. She has been writing and researching for more than two decades and enjoys contributing to efforts that connect people with critical legal services. Oni contributes to Super Lawyers by creating content and verifying the legal accuracy of articles. Oni is an Indiana University School of Law graduate. She is licensed in Indiana.
Articles written by Oni Harton, Esq.
How Junior Lienholder Rights Work When You Fall Behind on a Second Mortgage
Whether a second mortgage or home equity loan can create foreclosure risk, even when the first mortgage is current, is a legitimate concern for homeowners with a second mortgage. Falling behind on a second mortgage can result in foreclosure proceedings. The junior lienholder has the right to foreclose, which can put you at risk of losing your home. However, defaulting on a junior mortgage doesn't necessarily mean foreclosure. Your options typically depend on your home equity. Potential paths …
Can Credit Card Companies Lien Your House? Homestead Exemptions Explained
Growing unpaid credit card balances may get you wondering whether an unsecured creditor can reach your home. Under specific conditions, an unsecured creditor can place a lien on your home. However, strong protections often prevent this scenario from happening. Understanding your rights and the practical steps that can protect your equity can give you the confidence to take back control. If you need further guidance, consult a debtor and creditor rights attorney. How Credit Card Companies Obtain …
Converting Credit Cards to a HELOC Before Bankruptcy: Legal Traps
Debtors facing insurmountable debt may consider using a home equity line of credit (HELOC) to pay off credit cards before filing for bankruptcy. While it may seem like a debt-consolidation strategy, it could backfire. Unlike a personal loan or refinance, this approach carries risks. Converting credit cards to a HELOC before a bankruptcy can lead to fraudulent and preferential transfer challenges, non-dischargeability complaints, loss of the homestead exemption, and court sanctions. It can also …
HELOC Payment Shock and Foreclosure: What Happens When Draw Periods End
What happens to a homeowner who has comfortably made small monthly home equity line of credit (HELOC) payments for years but suddenly faces a payment that has doubled or even tripled once the credit limit is frozen and repayment begins? A typical HELOC includes an interest-only draw period followed by a full repayment period. This situation can create serious financial strain, particularly when the prime rate has increased. If you face payment shock after the draw period ends and amortization …
Fintech Loans vs. HELOCs: Debt Consolidation Legal Differences
Today's consumers are increasingly weighing their options when looking for a debt consolidation solution. They want to tackle high-interest debt to improve their financial situations. Two options are fintech online consolidation loans and HELOCs. Knowing the differences matters because they can affect your rights, closing costs, and borrower protections. Read on to learn more. If you need legal assistance making debt consolidation decisions, contact an experienced debtor and creditor rights …
Are HELOC Interest Tax Deductions Allowed for Debt Payoff?
When you open a home equity line of credit (HELOC), you typically access funds during a draw period, then repay what you borrow over time. You can use home equity in a variety of ways, such as to consolidate debt, buy a car, or make home improvements. Your home serves as collateral for the loan, which may make the interest deductible. However, under current tax law, you can deduct interest only when you use the borrowed funds to buy, build, or substantially improve the home securing the loan. …
HELOC vs. Home Equity Loan for Debt: Which Is Safer?
Deciding between a HELOC and home equity loan for debt consolidation usually comes down to predictability. A home equity loan delivers fixed, predictable payments, while a HELOC offers flexibility but carries variable-rate risk and line-freeze risk. In general, a home equity loan is the safer choice. However, the right answer for you depends on your budget stability and goals, and defaulting on either loan type puts your house at risk. If you need legal help with a HELOC or home equity loan and …
Can an Employer Fire You for Filing Bankruptcy?
Employees who experience major financial problems and file for bankruptcy may wonder whether their employer will find out and fire them. Although this fear is understandable, federal anti-discrimination law provides meaningful protection. Your employer cannot fire, demote, or punish you solely for filing bankruptcy. This applies in both the public and private sectors. However, the protections available to you depend on your circumstances and your employer, as a private-sector employer may …
Using a HELOC To Pay Credit Cards: Legal Risks and Rules
Using a home equity line of credit (HELOC) to pay credit card debt may offer a lower interest rate and more flexibility than other lines of credit. It also puts your home on the line if you don't repay it according to the agreement. Before you sign on the line, it’s important to understand exactly what happens when you shift unsecured debt to secured debt, the federal protections available, and the risks. If you need legal advice regarding whether you should use a HELOC or assistance after …
What Happens at the 341 Meeting of Creditors?
A 341 Meeting of Creditors is the mandatory bankruptcy proceeding named after Section 341 of the Bankruptcy Code. It allows the bankruptcy trustee and any creditors to question the debtor under oath about their finances and bankruptcy paperwork. A 341 hearing is required for every bankruptcy filer, whether the proceeding is Chapter 7, Chapter 11, or Chapter 13. With the right preparation and help from an experienced bankruptcy attorney, this meeting is far less intimidating than it sounds. What …
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