Archives for November 2014

Adjustable Rate Mortgages vs. Fixed Rate Mortgages: Which One is Better For You?

mortgage modification attorneysHome ownership is still the American dream. Today, obtaining a mortgage to purchase a home has gotten to be a lot more difficult. Questions arise as to which type of mortgage is the better route for a prospective homeowner to take. The adjustable rate mortgage or the fixed rate mortgage?

Adjustable rate mortgages are riskier than fixed rate mortgages. An adjustable rate mortgage allows you to go into the mortgage with a lower interest rate for a period of time. The risk is that the interest rate, over time, will go up and become unaffordable. The most common type of adjustable rate mortgage has a fixed interest rate for the first 5 years. However, every year after the first five years, the rate changes on an annual basis. The interest rate is governed by the Federal Reserve Boards “Consumer Handbook on Adjustable Rate Mortgages.” When obtaining an adjustable rate mortgage, the prospective homeowner takes the risk as to whether interest rates will increase over time. If this happens, the monthly mortgage payments may increase to a level that the homeowner will become unable to make the monthly mortgage payments.

Adjustable Rate Mortgages Start With Lower Payments

The adjustable rate mortgage gives the homeowner a lower interest rate in the beginning which allows the homeowner to have additional funds to pay off debt and to accumulate some savings as a cushion. There are caps which are utilized by financial institutions regarding adjustable rate mortgages. These caps usually allow the mortgage to go up no more than 2% per year and 5% over the entire period of the loan.

When Do Adjustable Rate Mortgages Make Sense?

An adjustable rate mortgage makes sense if you are planning on holding your home only for a short period of time. If you are planning on holding your home 5 years or less, the adjustable rate mortgage would be a better deal. If you plan on holding your home for a longer period of time, the fixed rate mortgage is most likely the more conservative way to go and involves a lot less risk. Unfortunately, many homeowners presume they are going to move, relocate, sell and buy, within the five year period and then their plans change. At that point they are stuck with an adjustable rate mortgage unless they refinance all over again.

Fixed Rate Mortgages

A fixed rate mortgage is a mortgage that has a payment that remains the same over the entire period of the loan. These mortgages are usually for terms of either 15 or 30 years. Approximately 75 to 80% of the homeowners who take out mortgages, take fixed rate mortgages on their homes. It gives the homeowners the security of knowing what their mortgages rates will be over long periods of time. It allows them to make plans for the future and gives them the security of not facing higher mortgage payments down the road. Families who have fixed rate mortgages are usually looking to avoid the long term risks of losing their homes in foreclosure proceedings.

homeowner advocates on long islandElliot Schlissel is a foreclosure defense attorney representing homeowners throughout the Metropolitan New York area.

Bank Had No Obligation to Grant a Mortgage Modification

To watch today’s video blog, please click on the link below:

http://youtu.be/iAMqqLAknd4

Elliot S. Schlissel is a foreclosure attorney.  He has more than 45 years experience representing clients in all types of real estate matters.  He strives to keep his clients in their homes.  He can be reached at 516-561-6645, 718-350-2802, 1-800-344-6431 or by email to schlissel.law@att.net.

Your Home Was Sold in Foreclosure, So What Do You Do Now?

foreclosure defense lawyers on Long IslandUnfortunately, some homes will end up being sold in foreclosure. If your home is sold in foreclosure, your world will not come to an end! To start with, foreclosure home sales are generally advertised in local newspapers. Sales take place usually on the courthouse steps or inside a courtroom within the courthouse. Referees are appointed by judges to conduct these foreclosure sales. The sale usually goes to the highest bidder. However, if no bidder bids the amount owed on the mortgage, the bank will bid in that amount and the bank itself will take title to your home. Once the bank takes title to your home, you will be considered a tenant in the house. The good thing about this is tenants have rights!

Homeowners in Foreclosed Homes

Now that you are a tenant, it does not mean you will be forced to immediately move out of your home. The bank can bring a landlord tenant proceeding and try to evict you. However, landlord tenant proceedings tend to be long drawn out proceedings. Banks usually take a much softer approach. Your attorney can negotiate a lease where you can continue to stay in your home and pay the bank rent. If you seek to move, the bank may be willing to do what is called a “cash for keys deal”. In these deals the banks will usually pay your moving expenses and give you money for a down payment for an apartment. They will take this action to avoid the necessity of litigating landlord tenant proceedings.

Keeping Tenants In Their Homes

So your home was sold and you are now a tenant, the best way of dealing with your new situation is to have your attorney contact the bank and enter into negotiations with regard to your new status as a tenant. Banks are concerned about their image. They don’t like to put families on the street. They spend millions of dollars on advertising on radio and television trying to show they are your best friend, they are charming and wonderful and are prepared to give money to whoever comes into their branches. The last thing they want is to be thought of as that Simon Legree figure from literature.

Bankruptcy Issues Concerning The Sale of Your Home

Foreclosure cases are brought in the Supreme Court in the county in which your house is located in. Landlord tenant proceedings are either brought in a Landlord Tenant Court or in the District Court where your home is located. Bankruptcy proceedings are filed in United States Bankruptcy Court. The Bankruptcy Court is a Federal Court. It is a higher court. The bringing of a bankruptcy proceeding creates an automatic stay which prevents state court proceedings from moving forward. The automatic stay is the equivalent of a temporary injunction enjoining the state court from allowing either landlord tenant or foreclosure cases to move forward. The filing of a Chapter 7 bankruptcy can stop you from being evicted and can prevent the landlord tenant proceeding from moving forward.

Should you be in the unfortunate position where your house is sold in foreclosure, do not despair. There is still help available. You can contact our law office to discuss your situation. Our phones are monitored 24/7. We can be reached at 516-561-6645, 718-350-2802, or 1-800-344-6431.assistance for homeowners facing bankruptcy

Bank Sanctioned for Foreclosure Activity

Please click on the link below to watch today’s video blog:

http://youtu.be/aWFhexR5IEo

Elliot S. Schlissel is a foreclosure lawyer representing homeowners throughout the Metropolitan New York area. He regularly sues banks to set aside mortgages and help keep his clients in their homes.  He and his associates can be reached at 516-561-6645, 718-350-2802 or by email to schlissel.law@att.net.

Your Mortgage Modification Application Was Denied – What Do You Do Now?

foreclosure defense attorney on Long IslandIf your mortgage modification was denied you are in good company. Very few people are actually successful in getting mortgage modifications. Individuals obtaining mortgage modifications have often submitted applications two or three times before they are eventually approved.

Preliminary Approval of a Mortgage Modification

Even if you receive a preliminary approval of a mortgage modification this may not mean you will receive a permanent mortgage modification. A significant portion of families receiving preliminary mortgage modifications make their payments for a period of between 3 and 6 months and then receive a letter from the bank stating they have decided not to give them a permanent mortgage modification. However, if you receive a preliminary mortgage modification and you decide to go forward with the modification, you should make your monthly mortgage payments in a timely manner.

Making monthly mortgage payments even though your mortgage payment may be less than it originally was, may still place a financial burden on you. Should you have other bills outstanding such as credit card bills you can no longer afford to pay, once you have obtained the mortgage modification you may be able to file a Chapter 7 bankruptcy and eliminate your payments on the unsecured debts such as credit card bills, medical bills, bills to cell phone companies, doctors, dentists and other types of unsecured debt.

Second Mortgages

If you are successful in obtaining either a preliminary or permanent modification of your first mortgage, you should then submit an application to the financial institution which holds your second mortgage. The fact that you are approved for a first mortgage modification will have an affirmative impact on the second mortgage lender and will make that mortgage modification application more likely to succeed.

Foreclosure Defense

If during the mortgage modification submission process or after you are turned down, the bank threatens to put you into foreclosure it is time to hire a foreclosure defense lawyer. During the course of a foreclosure lawsuit, the parties are subject to mandatory foreclosure court conferences. During these court conferences pressure can be placed on the financial institution to grant a mortgage modification even if you were turned down several times in the past. In addition, there are numerous affirmative defenses, and counter lawsuits which can be brought against the financial institution to either get the foreclosure dismissed or to motivate the financial institution to reconsider providing you with a mortgage modification.

Foreclosure Lawsuits

Even if you never receive a mortgage modification, the foreclosure lawsuit can be tied up in court in the Metropolitan New York area for anywhere from 4 to 6 years. This would give your family a substantial period of time to continue living in your home. In most situations the bank will still have to continue paying the taxes on your home and the casualty insurance on your home even though you are not making your mortgage payments.

helping homeowners stay in their homesIf you have questions or issues concerning your mortgage and/or foreclosure issues, contact the foreclosure defense lawyers at the Law Offices of Schlissel DeCorpo. We can be reached at 1-800-344-6431, 516-561-6645 or 718-350-2802.

Foreclosure Proceeding Dismissed Due To Lack of Standing

To watch today’s video blog, please click on the link below:

http://youtu.be/_fWe-dJiark

Elliot S. Schlissel is an attorney who has extensive experience in representing homeowners throughout the Metropolitan New York area for the past 45 years.  He and his associates are available for consultation by contacting the Law Offices of Schlissel DeCorpo at 516-561-6645, or 718-350-2802 or by email to schlissel.law@att.net.

Foreclosure Defense Information

real estate and mortgage modification attorneysEconomic Injury in Foreclosure Lawsuits

I have personally spoken to hundreds of homeowners with regard to issues and injustices they have been subject to related to mortgages, mortgage modifications, and foreclosure lawsuits against their homes. However, there is a concept most homeowners do not seem to understand. There is a principle of law which states when you bring a lawsuit you must allege monetary damages. To prove monetary damages you must show there has been an economic injury to you and a certain amount of money is required to redress your grievance for this economic injury (damages). Unfortunately in most foreclosure cases it is extremely difficult for the homeowner to allege economic damages in a countersuit against a financial institution.

Destroying Title To One’s Home

In the counter lawsuits brought by our law firm, we allege there has been economic injury to the homeowner because the financial institution, upon initiating a foreclosure proceeding, filed what is called a lis pendens. A lis pendens is a notice to the world a foreclosure lawsuit has been initiated. The filing of a lis pendens has a negative impact on the title to one’s home. It provides notice to all people interested in any transaction concerning the home that it is involved in a foreclosure lawsuit. Destroying the title to one’s home can be the basis for countersuing the bank for monetary damages.

Fraud

In cases where the bank has engaged in fraudulent activities, has violated truth in lending laws and/or has been involved in predatory lending, there is potential for economic injury the homeowner can recover. Unfortunately the cases do not currently allow a homeowner to set aside a mortgage based on any of those aforementioned theories of recovery. The courts have not granted homeowner’s applications in the past to set aside mortgages and remove the liens from the homeowner’s homes. This is still an avenue which is being pursued by our law office and other law firms defending beleaguered homeowners in foreclosure defense lawsuits brought by financial institutions.assisting homeowners on Long Island

Judgment of Sale Vacated in a Foreclosure Action

To watch today’s video blog, please click on the link below:

http://youtu.be/oV8CVtudXOg

Elliot S. Schlissel is a foreclosure defense attorney.  He can be reached for consultation at 516-561-6645 or 718-350-2802.

The Effect of the New Mortgage Rules on the Housing Industry

To watch today’s video blog, please click on the link below:

http://youtu.be/VHNfaksmnWE

Elliot S. Schlissel is a foreclosure defense attorney.  He can be reached for consultation at 516-561-6645 or 718-350-2802.

Foreclosure Defense in Valley Stream, Lynbrook, Baldwin, Malverne, Freeport, Oceanside, Long Beach, Elmont, Lakeview, West Hempstead, Hempstead, Merrick and Bellmore, New York

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