Foreclosed Homes Zap the Strength Out of Our Economy

Banks and other financial institutions are in the loan business. They make loans based on the understanding that they will be repaid both the principal and interest. This is how they make a profit.

Foreclosures

Banks usually wait until a mortgage borrower is more than three months behind before initiating foreclosure proceedings. It is generally more profitable for a bank to resolve non-payment issue without resorting to foreclosure on the home. Lenders are in the money business, not the real estate business. They want to make loans and receive interest and principal payments on those loans. They don’t want to own real estate. When a bank takes possession of a home in foreclosure, their money is tied up in the foreclosed home.

Neglected Homes

Some of the homes taken back by financial institutions need major repairs and upgrades. Some of these homes have been empty for a considerable period of time and have been vandalized or neglected by the prior owners. Banks do not want to get involved in the repairing of homes they’ve taken ownership of in foreclosures.

Foreclosures in Depressed Market Prices

The recent increase is in the amount of foreclosure proceedings brought by financial institutions have further depressed the price of homes.

Price Reductions In Foreclosures

In neighborhoods with high foreclosure rates, the prices of all the homes in these neighborhoods are negatively affected. The sale of homes at bargain prices has a negative effect on the construction industry. Jobs are lost in the process. Suppliers of wood, steel and aluminum to the construction industry are losing jobs because of reduction in their business.

Foreclosure Help

We assist our clients in all aspects of foreclosure defense. We meet with our clients and provide our clients with foreclosure options. These options involve mortgage modifications, litigating defective mortgages, defective foreclosure lawsuits, predatory lending, bad faith and other real estate related issues.

We discuss foreclosure related bankruptcy filings. These can be either Chapter 7 or Chapter 13 bankruptcies. The filing of these bankruptcies immediately stops the foreclosure from moving forward. We also assist our clients in re-establishing credit and, in some circumstances, we can eliminate second mortgages by filing bankruptcies. Call us for a free consultation. Thank you for reading my foreclosure blog.

Foreclosures Increase Economic Stress in the United States

In December of 2010, the economic stress in the United States increased. This was largely due to the depressed housing market. Foreclosure rates rose in thirty-three states during December. In addition, bankruptcy levels remained very high.

Social Security Rates Go Down

During the 2011 calendar year, the tax rate for social security taxes was reduced. This results in workers’ paychecks going up.

Manufacturers Are Adding Jobs

In the United States, manufacturers, after many years of having shrinking payrolls, plan on hiring more employees in the year 2011. In January of 2011, the manufacturing sector of the United States economy added approximately 50,000 jobs. This was the largest increase since August of 1998.

Unemployment Rates Go Down

The unemployment rates have been slowly decreasing in the United States for the past two months. The unemployment rate was 9.8% in November of 2010 and fell to 9% in January of 2011.

Bankruptcies and Foreclosures Increase

Rajeev Dahawan, an economist at Georgia State University, stated, “bankruptcies and foreclosures are the side effects of the damage from the real estate bust. First you have the real estate problem and then it spills over into bankruptcies and foreclosures.”

Bankruptcy

Bankruptcies generally increase during times of economic stress. In November of 2005, the Bankruptcy Reform Act led to more stringent standards for filing a bankruptcy. A “means test” was a mandatory part of the Bankruptcy Reform Act. Since November of 2005, the rules regarding filing Chapter 7 bankruptcies have been liberalized; however, the means test standard still applies on all new Chapter 7 bankruptcy filings.

Bankruptcy Lawyer

Our law office files Chapter 7 and Chapter 13 bankruptcies on behalf of our clients. These bankruptcies will stop foreclosures from moving forward and, in some circumstances, eliminate second mortgages. In addition to filing bankruptcies, we educate our clients on how to re-establish credit after bankruptcies are filed.

Our law office provides comprehensive foreclosure defense legal services. We assist our clients in applying for mortgage modifications and deal with mortgage modification programs that fail to meet our clients’ needs. We litigate defective mortgages, predatory lending, defective foreclosure lawsuits, bad faith on behalf of financial institutions and all other real estate related matters. During the course of foreclosure litigation, we attend foreclosure court conferences on behalf of our clients and try to motivate the financial institutions to give our clients mortgage loan modifications. Feel free to call us at 1-800-344-6431, 516-561-6645 or 718-350-2802 to discuss your legal needs. Thank you for reading our foreclosure blog.

SWAT Team Removes Squatters From Foreclosed Home

In Naples, Florida, a group of squatters moved into a foreclosed home that was empty. The Naples Police Department called in a SWAT team in March of 2011. The SWAT team gassed the foreclosed home to try to force the squatters out. Three adults and two children were removed from the home. The two children, ages 2 and 3, were taken by the Florida Department of Children and Families.

A neighbor who was interviewed by NBC news said, “it makes me so sad, it gives me chills. This is a quiet neighborhood. This is the only house we have here that’s in foreclosure.”

Foreclosed Empty Homes Can Cause Problems

If there are homes in your neighborhood that have been foreclosed upon and are currently empty, these homes can become the target for squatters to move into. There are several things neighbors can do to prevent incidents of squatters in empty foreclosed homes in your neighborhood.

Having a Home Look Like It Is Occupied

Simply parking your car in front of the home can have an impact on potential squatters to stay away. Helping out by cutting the grass gives the home a lived-in look.

Foreclosure Lawyers

Our law firm helps families whose homes are in foreclosure. We provide foreclosure defense litigation services including, but not limited to, preparing mortgage modifications, litigating defective mortgages, defective foreclosure lawsuits and predatory lending issues. We attend foreclosure court conferences on behalf of our clients and we provide information concerning all foreclosure options to our clients. We provide foreclosure related bankruptcy legal services, including filing Chapter 7 and Chapter 13 bankruptcies. The filing of these bankruptcies has the immediate effect of stopping foreclosure. In some instances, we can eliminate second mortgages and help our clients re-establish credit. Thank you for reading my foreclosure blog.

Long Island Mortgage Scam

In March of this year, Nassau County District Attorney Kathleen Rice arrested seventeen people pursuant to a two-year investigation involving a $20 million dollar mortgage fraud scam. Homeowners of Nassau County and banks lost more than $20 million dollars pursuant to the scam.

The individuals involved were lawyers, real estate agents, mortgage brokers, bank employees, financial consultant, an appraiser and a United States postal worker. Twenty nine homes were fraudulently purchased during the six year period. The homes all went into foreclosure. Fake buyers and fake sellers were involved in the transactions.

Identity Theft

Celso Benalcazar, a forty-nine year old Bronx mechanic, had his identity stolen. After his identity was stolen, two homes were purchased in his name. The ring leaders of this scam were James R. Sweet and Dwanye Benjamin, both of Westbury, New York. They recruited friends and family members to obtain false identities. They then impersonated buyers and sellers. As a result of these fake transactions, they kept all of the proceeds from the mortgages. Nassau County District Attorney Kathleen Rice stated, “at the closing everything was fake except for the money that was stolen.”

One Home Purchased Twice

A home in West Hempstead was purchased twice during a two week period in 2005. A $390,000 mortgage was taken out each time the home was purchased. All the funds from both transactions were stolen.

The accused in this case faced up to twenty-five years in prison. There are numerous pending criminal charges, including violating the New York State Organized Crime Law, money laundering and conspiracy.

New York and Long Island Criminal Defense Lawyers

If you are being investigated with regard to a crime, or either you or a loved one is charged with a crime, we can help you. For more than 45 years, the Law Office of Elliot S. Schlissel has represented individuals charged with all types of misdemeanors and felonies. We defend clients who are charged with drug offenses, domestic violence, shoplifting, burglary, driving while intoxicated (DWI), weapons possession, sex crimes, white collar crimes and all types of violent crimes. We also represent juveniles in both the Criminal Courts and the Family Courts. Call us for a free consultation at 516-561-6645, 1-800-344-6431 or 718-350-2802.

Mortgage Company Attorney Sanctioned Over False Statements

Judge Fairgrieve, sitting in the District Court located in Nassau County, fined a foreclosure attorney named Steven J. Baum P.C. Mr. Baum was sanctioned $14,000 in attorneys fees and and additional $5,000 payable to the Lawyers Fund for Civil Protection with regard to the case of Federal Home Loan Mortgage Corp. vs. Raia, which was decided on November 23, 2010.

Attorney Criticized by the Court

Steven J. Baum, P.C., is one of the largest foreclosure law firms in the state of New York. Mr. Baum’s law office litigates foreclosure matters throughout New York.

The court noted in this case that many of the sworn allegations in the foreclosure proceeding were found to be false. The Judge ordered a hearing to determine appropriate sanctions, due to the fact that the mortgage company lacked a possessory interest in the premises. The attorneys for Steven J. Baum, P.C., argued that the allegations in the petition, although they were incorrect, were not material and that sanctioning the foreclosure law firm would not be appropriate. Judge Fairgrieve, in his decision, stated that the false statements dealt with the issue of standing to bring the foreclosure proceeding. He went on to state that a lawyer is guilty of professional misconduct if he makes false statements to a court under the rules of professional conduct that lawyers must abide by.

Judge Fairgrieve found that Steven J. Baum, P.C., was professionally irresponsible and impeded the proper administration of justice. He noted in his decision that this was not the first time that this law office had acted inappropriately. The judge indicated in his decision that in a similar case three years ago, Steven J. Baum’s law office was to be sanctioned.

Foreclosure Defense Lawyers

The Law Offices of Schlissel DeCorpo provides foreclosure defense regarding cases in Nassau and Suffolk Counties on Long Island, the five boroughs of the City of New York and Westchester County. Our office has numerous cases pending where we are defending homeowners from foreclosure. In these cases, we help our clients stay in their homes. We litigate defective mortgages, defective foreclosure lawsuits, predatory lending and other real estate related issues. We also assist our clients in the preparation of mortgage modification applications and we deal with mortgage modification programs that fail to meet our client’s needs. We attend foreclosure court conferences on behalf of our clients and seek to put pressure on the mortgage companies and banks to provide our clients with mortgage modifications. Call us for a free consultation at 516-561-6645, 718-350-2802 or 1-800-344-6431.

Bank Attorney is Punished for Failing to Appear

On November 18, 2010, Justice Pagones, sitting in the Supreme Court located in Dutchess County, rendered a decision in the matter of BAC Home Loans Servicing vs. Westervelt. In this case, the bank and the homeowner were directed to appear at a settlement conference. Settlement conferences are required under New York State law in all foreclosure proceedings. The bank’s attorney failed to appear at the settlement conference. At that time, the court could have dismissed the bank’s foreclosure proceeding. In this case, the court declined to impose this remedy.

Justice Pagones, however, found that the bank attorney’s explanation for his failure to appear at the court settlement conference was inadequate. The court thereafter scheduled a hearing to determine what sanctions would be taken against the bank’s attorneys.

Bad Faith

Justice Pagones reached a conclusion that the attorneys for the bank had acted in bad faith in negotiating a settlement with the defendant. The defendant had made representation that the bank had, without explanation, refused to re-examine her income with regard to the mortgage modification she submitted. The court pointed out that the financial institution under the HAMP directives had an obligation to review her income.

Bank Barred From Collecting Arrears and Interest

The court scheduled another court conference date. In the interim, the court ordered the bank stop collecting arrears from the date the homeowner received the HAMP denial. The court also barred the financial institution from collecting any interest that might accrue from this date. The court also waived unpaid late fees and ordered the bank to waive attorney’s fees relating to this case.

Foreclosure Court Conferences

Foreclosure court conferences exist because the State Legislature passed a law in 2010 ordering the financial institution to attend foreclosure court conferences for the purpose of finding alternatives to the foreclosure proceedings. Our law office regularly attends foreclosure conferences on behalf of our clients. We utilize these conferences to try to motivate the attorneys for the financial institutions to work with our clients towards approving mortgage modifications that take the cases out of foreclosure.

Foreclosure Lawyers

The foreclosure defense attorneys at our law office aggressively litigate issues involving defective mortgages, defective foreclosure lawsuits, predatory lending, bad faith and other real estate related matters. When appropriate, we file foreclosure related bankruptcies, including either a Chapter 7 bankruptcy or Chapter 13 bankruptcy, depending on the circumstances involved with our clients. These bankruptcies stop foreclosure and, in some cases, allow us to eliminate second mortgages. Prior to filing bankruptcies, we discuss the types of bankruptcies that are appropriate with regard to our client’s specific situation. Call us for a free consultation. We will discuss all foreclosure options available to you. Our phone numbers are 516-561-6645, 718-350-2802 and 1-800-344-6431.

Aid for Home Buyers Coming to an End

Fannie Mae and Freddie Mac are the federal agencies that are responsible for the large majority of mortgages in the United States. The Obama Administration plans on eliminating these two programs and replacing them with new programs.

Fannie Mae and Freddie Mac subsidized 90% of the home mortgage loans in the United States in the year 2010. Under the new programs suggested by President Obama, the percentage of loans sponsored by federal agencies by the end of the decade will be only 10%.

Fannie Mae and Freddie Mac

Freddie and Fannie’s programs were established in the United States after the great depression. The intent of these programs was to assist Americans in the purchase of single family homes. For decades, Freddie and Fannie were successful in helping Americans fulfill the American dream of home ownership.

These programs attract investors by guaranteeing repayment of mortgages even if the homeowners default. The investors accept relatively lower interest rates under these programs due to the government guarantees. This enables both Freddie and Fannie to create a pool of mortgage money for lenders at low cost, which in turn allows the borrowers to obtain relatively low interest rates on their mortgages.

Tax Payers Back Freddie and Fannie

The problem with Freddie and Fannie is that the system only works because the United States Treasury backs the system. In the year 2008, the Federal Government was forced to take over these companies. Since then, the government has spent $135 billion dollars in honoring mortgage loan guarantees.

Freddie and Fannie To Be Dissolved By The Obama Administration

The Obama Administration plans on gradually phasing out Freddie and Fannie. They plan on doing this by reducing the number of loans that they guarantee and charging higher prices to the private lenders. Higher down payments will also be required for the perspective homeowners to obtain mortgages.

Thirty Year Fixed Rate Mortgage

The thirty year fixed rate mortgage is the most common mortgage given in the United States. This mortgage would never have existed without government support under the Freddie and Fannie programs.

Three Options to Replace Freddie and Fannie

The first option would be the complete elimination of all government guarantees for mortgages. The second option would offer some guarantees to investors, but only at times when the economy is not doing well or the real estate market is in financial distress.

The third option would involve the government guaranteeing various types of mortgages, but only if lenders first purchased a guarantee from a private insurer. Although this would limit the government’s exposure, it would also impact interest rates. The third option is a similar option to what exists today under Freddie and Fannie.

Affordable Housing

Conservatives blame Freddie and Fannie for causing the mortgage crisis in the United States. Housing advocates say the Obama Administration is making a mistake in trying to kill Freddie and Fannie. They point to the fact that these programs have been successful for decades in the past.

John Taylor, the president of the National Community Reinvestment Coalition, stated that “instead of cleaning up where Freddie and Fannie went wrong we’re eradicating a proven system that worked very well for most of it’s history.”

The ownership of a single family home is truly the American dream. I strongly believe the government should assist Americans in fulfilling this dream. However, I also believe the dream should be smaller and less expensive!

Foreclosure Help

The Law Offices of Schlissel DeCorpo provides foreclosure defense for homeowners. We litigate all aspects of foreclosures, including defective mortgages, defective foreclosure lawsuits, predatory lending and bad faith issues. We attend foreclosure court conferences on behalf of our clients and we provide our clients with the various options available to them in foreclosure matters. We also assist our clients with mortgage modifications and deal with mortgage modification programs that fail. We file Chapter 7 and Chapter 13 bankruptcies on behalf of our clients for the purposes of stopping foreclosure actions from moving forward. In some situations, we can eliminate second mortgages by filing bankruptcies for our clients. We also assist our clients in re-establishing credit after filing for bankruptcy. Thank you for visiting my foreclosure blog. Free feel to call us should you need legal assistance at 1-800-344-6431, 516-561-6645 or 718-350-2802.

When is it a Good Time to Buy a Home? How About Now?

Home prices have been going down this year. The pundits state that the best time to buy a home is at the bottom of the market. So how can you tell whether the market has hit bottom? Some independent analysts recommend buying homes this spring. Phil DeMuta, an investment adviser and the co-author of a book on investing entitled The Little Book of Alternative Investments, claims it’s a great time to buy a house. He states housing prices are where they were in 2002 and you’ve got mortgage rates at 5% now on a thirty year mortgage. He further states, “if you can put down the 20% and qualify for a good mortgage, I’d say this is an excellent time to take that kind of position.”

Anthony Sanders, a professor of Real Estate Finance at George Mason University, takes the opposite approach. He is cautious about the outlook of the real estate industry. He suggested there may be a buying opportunity in the late summer of 2011.

Renting

There is currently a large number of homes in America in foreclosure. It is estimated that the number is currently close to two million. As these homes come back into the real estate market, they will have a further negative affect on home prices. Is renting the solution? Renting should be considered something to do on a temporary basis. The owning of a single family home by a family is the American dream. In theory, home ownership in a rising real estate market will provide the homeowners with a lovely place to live, as well as increasing equity in their investment.

Professor Anthony Sanders from George Mason University takes the position that continuing to rent due to the high home vacancy rate of 18% is the best route to take right now. He suggests that young couples wait to see how the whole market progresses this year before buying a home. He states the average person stays in their house only about six or seven years, so you have to have some belief the prices will be relatively constant over that period, so you don’t take the loss. Sanders feels “the housing market is sitting on a ledge and could go either way – – it could go up which is good or we could be in for a double dip.”

Market Bottoms

It is impossible to pick out the market bottom in advance. The real estate market has been in a disarray for the past few years. Housing prices have been going down for the past several months. I anticipate homes will be worth less at the end of 2011 in most metropolitan areas than at the start of this year. So my personal suggestion is wait and see how things shape up in the economy and the real estate market.

Foreclosure Lawyer

Our office represents individuals in foreclosure defense matters. We have more than 45 years experience in handling various real estate problems. We represent our clients regarding mortgage modifications and mortgage modifications that fail. We litigate defective mortgages, predatory lending, and other foreclosure related issues. We attend foreclosure court conferences on behalf of our clients. We advise our clients concerning foreclosure related bankruptcy matters including, but not limited to, filing Chapter 7 and Chapter 13 bankruptcies. In situations where we file bankruptcy on behalf of our clients, we stop foreclosure in its tracks and, on some occasions, we eliminate second mortgages. We also help our clients after filing bankruptcy in re-establishing credit. This foreclosure blog is designed to advise the general public, as well as our clients, concerning mortgage modification issues, foreclosure related issues and real estate matters in general. Feel free to call us for a free consultation at 1-800-344-6431, 516-561-6645 or 718-350-2802.

Mistakes Made by Home Sellers

It is a buyers market for homes in the United States. Therefore, it is important, if you are trying to sell your home, to avoid making mistakes in how your home is marketed. Here are some suggestions.

Take Beautiful Photographs of Your Home

Today it is estimated that more than three quarters of all home buyers who view perspective homes view them online. It is therefore important that you take attractive photographs of your home and that these photographs are presented online. When you take the photographs, make sure your home is neat, clean and well organized.

Low Quality Home Improvements

Many homeowners, during the course of living in their homes, have been involved in home improvements. Home improvements that have been done to your home should be finished! They should not be projects that made it two-thirds of the way through and never were completed. This is a definite turnoff to perspective purchasers. Purchasers are not interested in buying into your unfinished problems. Homes should be painted in neutral colors.

Realistic Pricing

We have a free market economy concerning the sale of homes in the United States. Your home is only worth what a purchaser will pay for it. Your preconceived notions of what you would like to receive for your home do not necessarily comport with current market conditions that exist in the United States. Remember it is a purchaser’s market. There is a large inventory of homes on the market. Many homes on the market are considered distressed properties. These properties are placed on the market because the purchasers are forced to sell, or the homes have been taken over by financial institutions pursuant to foreclosure proceedings. Buyers will only pay attention to homes that they feel are realistically priced. Before figuring out what you wish to sell your house for, review the prices for other homes that are for sale. If you want your home to sell quickly, price it competitively!

Neat, Clean, Organized

If your home is messy or cluttered, you need to deal with this issue before you list it for sale. Perspective home buyers can be turned off by messy, poorly organized homes. Make sure you do not have corners in your house, closets or other locations that are cluttered with things that need to be filed or organized. The biggest turnoff for perspective purchasers is seeing a dirty home. If your home isn’t clean and neat, hire someone to help you in this endeavor. It is especially important that your kitchen and bathrooms look neat and organized.

Don’t Over Sell

Your home is what it is. You can point out the highlights to perspective purchasers, but to a large extent you should let them look around and get the feel of your home for themselves. Real estate brokers will tell you that the longer the perspective purchaser spends in your home the more likely they will purchase it. Good luck!! Unless the housing market turns around you will need it!

Foreclosure Lawyers

Our office handles foreclosure defense of homes throughout the Metropolitan New York area. We can help you with mortgage modifications and mortgage modification programs that fail to meet your needs. We litigate issues involving defective mortgages, defective foreclosure lawsuits, predatory lending, bad faith litigation and all other foreclosure related issues. We maintain a foreclosure blog to educate our clients and the general public concerning issues involving mortgage foreclosures, mortgage modification programs and other real estate related issues. We also file Chapter 7 and Chapter 13 bankruptcies on behalf of our clients. Call us for a free consultation at 1-800-344-6431, 516-561-6645 or 718-350-2802.

The Housing Market in 2011

Most major markets in the United States have had a decline in housing prices in January and February of this year. Although there has been a reduction in unemployment in the United States, this has not caused the housing market to rebound.

Inventory Issues

According to the National Association of Realtors, there are 3.5 millions homes that are listed for sale in the United States. Based on the current rate of sales, the inventory of homes can supply the market for 8.6 months. This number does not include homes that are being foreclosed on by financial institutions. There is approximately an additional 1.8 million homes that should be considered on the market at this time. This would make the inventory of homes to be sold closer to 11 months.

Underwater Homes

The inventory figures do not take into consideration the 2 million homes which are currently underwater. If these homes are added to the inventory list, it brings the amount of homes that need to be sold for the market to reach a current equilibrium to an inventory of two years.

Are You Selling Your House In the Near Future?

If you plan on selling your house in the near future, you should look into the real estate sales in your local area. I strongly suggest that you confer with local real estate agents to get a better understanding concerning your local market place.

Home Prices

The value of homes in the large metropolitan areas of the United States has started to creep up again. Taking into consideration the fact that mortgage rates are at historic lows, it is still a purchaser’s market. Even if the sale prices of homes stabilize, we are still looking at a purchaser’s market for a long time to come.

Foreclosure Opportunities

Our office can help you with foreclosure defense, mortgage modifications, dealing with mortgage modification programs that fail, defective mortgage issues, options in foreclosures, defective foreclosures lawsuits, predatory lending and other real estate related issues. We also assist our clients concerning foreclosure related bankruptcy issues. We file Chapter 7 and Chapter 13 bankruptcies on behalf of our clients. We maintain a foreclosure blog for reference and educational purposes. Call us for a free consultation at 1-800-344-6431, 516-561-6645 or 718-3502802.

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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