Hidden Expenses When Buying A Home – Part II

foreclosure defense attorneyRenovations to the Home

It is usually necessary for new homeowners to do small to moderate renovations to their new home. Things such as painting, changing fixtures, modifying kitchens and bathrooms, can amount to tens of thousands of dollars very quickly. It usually costs homeowners anywhere from 1 to 2% of the purchase price of a home to do minor modifications or renovations to the home to make it more livable and/or suitable for their life.

New Appliances

So you have just bought your new home. When you look at your kitchen, do you really want all of the old appliances? If you are going to buy new appliances, this is the right time. However, appliances are not inexpensive. Purchasing new appliances or upgrading old appliances can run into thousands of dollars.

Termite Inspections

If your home is made of wood, you need to have a termite inspection. Termites have been around since the beginning of time. In many areas of the country, forests were originally cut down to make room for the development of communities. When they cut the forests down, the termites didn’t leave. They went into the ground and they feasted on the new homes that were built.

A large portion of the homes in the northeast of the United States during the course of their lifetime will be subject to termite infestation. Before purchasing a new home it is important you have a termite inspection to make sure your home is termite free. If termite damage exists, the termite damage should be repaired before you close on the purchase of your home. In addition to termites, there are other wood destroying insects that you need to be concerned with. Carpenter ants also can cause significant damage to homes. The cost of termite inspections and/or repairing the damage done by termites can be an unforeseen expense when purchasing a new home.

Escrow for Taxes and Insurance

When you close on a home, the bank will usually require you deposit a certain amount of money in escrow related to your annual tax and insurance payments. Banks require 1/12 payments each month to be made by the homeowner related to the hazard insurance costs on their property and the real estate and school taxes that are due on their property. At the time of closing, banks normally pick up at least one month’s taxes in advance and the balance of the month from the date of closing until the first date of the next month.

homeowner advocatesElliot Schlissel and his associates are foreclosure defense lawyers. They litigate foreclosure lawsuits on behalf of homeowners and help them obtain mortgage modifications. Elliot and his associates have been helping homeowners keep their homes for more than 45 years.

Hidden Expenses When Buying A Home – Part I

There is a common misunderstanding with regard to the total of all expenses new homeowners are exposed to when they purchase a home. Homeowners often believe all they have to do is put the down payment down, get the balance of the funds for the mortgage from a bank, and this will be sufficient to purchase a home. However there are numerous other expenses prospective homeowners face when purchasing a home.

Down Payment

I’ve already mentioned the down payment. In most real estate transactions, the homeowners puts 10% of the purchase price down at contract, and an additional 10% at the time of closing. This amounts to a total of 20% of the purchase price. If the homeowners are obtaining a Federal Housing Authority (FHA) mortgage, their down payment may be as little as 5% to 10% of the purchase price of the home.

Engineering Inspection

A home is the largest purchase a family will make during the course of their lifetime. Before jumping into the purchase of a home, it is usually necessary to have an engineer do a thorough inspection of the home to make sure the roof doesn’t leak, the electrical system is adequate, the plumbing doesn’t leak, the foundation is secure and numerous other items in the home are in good condition. Home inspections can cost anywhere from $500 to $600 in the Metropolitan New York area by qualified engineers.

Expenses of Moving

When a family moves into a home, they usually hire a moving company to help them pack up their possessions and move them to their new home. Moving expenses can cost a homeowner anywhere from $1,500 to $6,000. If the move is cross country, or over a long distance, it could cost significantly more.

foreclosure advocate for homeownersElliot Schlissel is a foreclosure attorney representing homeowners in the buying and selling of homes, and fighting foreclosures when banks seek to take their homes away from them. In addition, Elliot Schlissel and his attorneys assist homeowners in obtaining mortgage modifications and to avoid losing their homes in foreclosure proceedings.

Deficiency Judgments After Foreclosure

foreclosure defense lawyersDeficiency Judgments

A deficiency judgment can be taken against you when your property is sold at a foreclosure sale for less money than you owe on the mortgage. By example, if you owe on your mortgage $500,000 and your property sells in foreclosure for $300,000, the financial institution can take a deficiency judgment against you for the balance of the $200,000 that you owe. Lenders will go after deficiency judgments, generally speaking, if they feel you have an ability to pay the balance of the judgment off.

Deficiency judgments are not automatic. The attorneys for the foreclosing bank must engage in further legal action to obtain a deficiency judgment against you. In cases where the financial institution does not believe that you have the capability of paying a deficiency judgment, they generally won’t go after a deficiency judgment.

How To Avoid Deficiency Judgments?

There are a variety of ways of avoiding a deficiency judgment. One of these involves selling your home at a short sale and having the bank agree they will not go after you for any deficiency between the amount the property is sold for and how much you owe. The second route to avoiding a deficiency judgment is filing a bankruptcy.

Deficiency judgments are taken against you in New York State Courts. If you file a bankruptcy in the United States Bankruptcy Court, under federalism, the federal court that you file the bankruptcy in is a higher court than the New York State court. You can discharge any deficiency owed by you with regard to your mortgage by filing a Chapter 7 bankruptcy in a Federal Court. In addition to avoiding a deficiency judgment, you can also avoid credit card debts, personal loans and other financial obligations by filing a bankruptcy.

Foreclosure Lawyer

There are a specific set of laws dealing with deficiency judgments in foreclosure lawsuits. These statutes are complicated. Each and every foreclosure situation is a separate individual case with different facts and different circumstances. The purpose of this article is to educate you that deficiency judgments can occur. Should you have concerns about a deficiency judgment or other issues in foreclosure legal action, it is important you contact an experienced, knowledgeable foreclosure defense lawyer to represent you.assistance for homeowners

Can’t Read or Write English? Not An Excuse in a Foreclosure Proceeding

foreclosure defense lawyerJustice Thomas Whelan, sitting in the Supreme Court of Suffolk County, was recently presented with a case involving a litigant who could not read or write in the English language, and also did not understand what was involved in the service of process in starting a foreclosure lawsuit against him. One West Bank brought a foreclosure proceeding against Navaro. They took this action because Navaro did not pay her mortgage obligations. Navaro brought an application to the court seeking to dismiss One West’s lawsuit against her. One West had moved for a default judgment within a year of the case being removed from the foreclosure conference mediation part. One West was able to establish even though they had delayed for approximately a year, they had a reasonable excuse for the delay and their claim in foreclosure was valid.

Ignorance of the Law – No Excuse

Navaro brought a cross motion. She sought to remove the default. She claimed a reason for failing to submit a written answer to the summons and complaint after being served was because she could not read and write in the English language. In addition, she claimed she did not understand her responsibility to submit a written answer to the summons and complaint served upon her in the foreclosure proceeding. The court denied Navaro’s cross motion. Justice Whelan held confusion or ignorance of the law and/or the legal process did not in and of itself constitute a reasonable excuse for failure to answer the summons and complaint or appear in court regarding the case. The court granted One West’s motion to obtain a default judgment and to appoint a receiver to compute the amount owed and subsequently thereafter sell the house.

Conclusion

If you get served with a summons and complaint and you are not sure what you need to do, hire a foreclosure defense lawyer. Ignorance of the law is not an excuse in a foreclosure proceeding.helping homeowners stay in their homes

Foreclosures and the Rental Market on Homes

foreclosure defense attorneysThe large number of foreclosures due to the housing bubble in the United States has created an abundance of homes available for rental purposes. Approximately 20% of all single family homes are now rentals. The large number of single family homes being rented is related to the boom and bust of the recent real estate cycle. The significant number of homes sold in foreclosure proceedings have created an availability of homes for rental by families. In addition, millions of homeowners have lost their homes in foreclosure lawsuits. These families need a place to live. The availability of other homes that have been foreclosed on can be rented by them to meet their need for a place to live.

In addition to homes being foreclosed, homeowners who need cash flow are putting their homes on the market as rentals. They are even doing this during the foreclosure process. Since the foreclosure process in many states takes years, homeowners can literally move out of their home, charge rent to a tenant, and put the rental money in their pockets and not make their mortgage payments.

Rentals are Better than Vacant Homes

Officials in local areas have a preference for foreclosed homes to be rented instead of being left vacant. Vacant homes can be a blight on a neighborhood. They can invite trespassers and can be utilized by children for inappropriate purposes.

Although renting a home does provide a family with a place to live, it may not be their first choice. Their more likely first choice would be to stay in the home they had owned and not to have lost it in foreclosure.

assisting homeownersElliot S. Schlissel is a foreclosure defense lawyer representing homeowners, fighting financial institutions and banks to stay in their homes. Elliot and his associates have been protecting homeowners and keeping them in their homes for more than 45 years.

Under Water Homes on Long Island Rising!

mortgage modification attorneysThe number of homes that are under water on Long Island (where the owners owe more than the home’s value) are going down. Approximately 43,000 homes on Long Island are under water with regard to their mortgages. This amounts to about 8% of the homes on Long Island. This is down from 50,000 or 9 1/4% of the homes which were under water at the end of 2012.

Real Estate Values Increasing

Housing values have started to increase on Long Island. With the increase of housing values, more and more homes are developing equity greater than the value of the indebtedness on these homes. As a result of rising housing values, there have been fewer short sales on Long Island in 2013. A short sale is a transaction in which the home is sold for less than the amount owed on the mortgage. In addition to fewer short sales, there have been fewer sales in foreclosure proceedings in 2013 than there were in 2012 on Long Island. A smaller percentage of the homes on Long Island are under water when compared to homeowner rates on a national basis in the United States.

The increase in the value of homes on Long Island will have an affirmative economic effect which will create a rise in consumer confidence and result in economic growth in 2014. This is according to Anand Nallathambi, the President and CEO of Call Logic. Call Logic tracks information with regard to mortgages in the United States.

Conclusion

With fewer homes under water, financial institutions should be more reasonable in granting mortgage modifications. The rising value of homes gives banks greater equity incentive to grant mortgage modifications.

homeowner advocatesElliot Schlissel is a foreclosure attorney. He represents homeowners whose homes are going into foreclosure and seek to maintain their homes. He assists homeowners in obtaining mortgage modifications. He has kept scores of Long Islanders who are facing foreclosure in their homes. Elliot is the former president of the Commercial Lawyers Conference of New York.

New York’s New Mortgage Proposal

foreclosure defense attorneysNew York is considering a new proposal which would provide an incentive for banks to modify mortgages on homes which are under water. Under this new proposal, the financial institutions would reduce the amount of the mortgage on homes under water. The mortgage amount would then be brought into conformity with the value of the home. In exchange for the reduction in the mortgage, the bank would be entitled to share in the profits if the home eventually increases in value and is sold. This new proposal will require changes in various state regulations. Under the current law, banks cannot enter into these types of arrangements with homeowners.

Governor Cuomo Backs New Mortgage Proposal

Governor Andrew Cuomo stated this initiative will help keep families in their homes and out of foreclosure, while at the same time reducing potential loses for investors. He went on to further state with regard to this new proposal “that’s good for homeowners, good for local neighborhoods, and good for the long term strength of the housing market.”

Unfortunately, pursuant to existing federal rules and regulations, the large majority of home loans in New York cannot qualify under this program. This is because Fannie Mae and Freddie Mac, the two federal agencies which purchase mortgages for approximately two-thirds of all home loans in the State of New York, do not allow forgiving outstanding mortgage balances.

The new proposed program would be available to homeowners who owe more on their homes than their homes are worth and have tried to obtain mortgage modifications and have been unsuccessful. Under this program, banks would provide disclosure to the homeowners concerning the terms of the new loan modifications and how much of the profits the bank would receive upon the sale of the home. The proposal would limit the bank to either 50% of the increase in value in the home or the total amount forgiven under the mortgage, whichever is less.

Homeowners Reluctant to Share in Appreciation

Interviews with a number of homeowners with regard to this new proposal, indicated they were reluctant to share in the appreciation of their homes with banks.

Conclusion

The program is an excellent idea. Homeowners whose homes are under water and are behind on their mortgage would be given a second chance to stay in their homes and have their mortgage modified to a realistic amount they could afford.foreclosure advocate for homeowners

Squatters Rights to Foreclosed, Vacant Homes

Squatters Rights to Foreclosed, Vacant HomesThere is a misunderstanding that squatters can walk into foreclosed homes which are vacant and end up the owner of the homes. What squatters refer to concerning extra-legal possession of homes actually refers to the legal concept of adverse possession. Adverse possession deals with openly and notoriously being in possession of property, in the State of New York, for a period of ten years. In the appropriate circumstances, should the squatter live openly and notoriously in the vacant home for ten years, they can claim ownership of the property.

Squatting Equals Trespassing

The theory of adverse possession actually deals with property boundary disputes. Under adverse possession theory, the boundary between neighboring properties can be changed if one owner has utilization of the other owner’s property around the boundary line for a period of ten years.

Squatters sneak into homes when no one is around. This is usually undertaken by vagrants or homeless people. Adverse possession of the home can only be claimed if the squatter lives openly and notoriously for a period of ten continuous years in the residence.
What most squatters are doing is trespass on someone else’s property. Sometimes during foreclosure cases, homes are vacant for a period of time. This period of time will usually not last ten years, the period of time necessary for a squatter to claim open and notorious adverse possession rights to a property.

Former Owners Remaining in the Home

In a foreclosure proceeding, the home in the State of New York can be sold on the courthouse steps. At the time of the sale, the homeowner whose home is being foreclosed upon will most likely still be living in the home. After the sale takes place, the new owner of the home can bring a landlord tenant case to evict the former homeowners from their home. The failure of the homeowners to move from the house after it is sold, in foreclosure, does not create an adverse possession situation. Eviction proceedings can be time consuming. During the course of the eviction proceeding, the former homeowners would be entitled to stay in their home until such time as the court grants an order forcibly removing them from the home.

Conclusion

Squatting in an abandoned, foreclosed home and creating ownership rights based on the legal theory of adverse possession is unlikely to happen!assistance for homeowners

Negotiations with Bank Does Not Stop Foreclosure Lawsuit

foreclosure defense attorneysA foreclosure lawsuit was brought by Citi Mortgage against Vatash. Vatash submitted an answer with affirmative defenses to the summons and complaint served by Citi Mortgage. Citi Mortgage moved for summary judgment. In their application they sought to dismiss the answer brought by Vatash. Vatash claimed, in his answer, Citibank lacked standing to bring this foreclosure action. He also claimed Citibank’s motion was inappropriate because he was involved in discussions with Citi Mortgage concerning a loan modification. He took the position since loan modification discussions were ongoing, Citibank had no right to move forward with the foreclosure case.

Standing Argument Dismissed

Justice Thomas Whelan sitting in a Supreme Court Part in Suffolk County, ruled Vatash’s argument that Citi Mortgage didn’t have standing was procedurally defective. The ruling was based on the allegation that Vatash failed to assert lack of standing in his answer or in a pre-answer motion to dismiss. In addition, the court took the position the argument even if it had been submitted appropriately in the answer, was substantively without merit. The court held Citi Mortgage was the owner and holder of the note and mortgage upon its merger with the original financial institution which made the loan.

The court ruled in favor of Citi Mortgage’s application for summary judgment (an application to grant a judgment without the need for a trial because there are no issues of fact). The court took the position the opposition papers submitted by Vatash did not create an issue of fact or an adequate defense.

Negotiations Do Not Stop Foreclosure Cases from Moving Forward

The Court specifically held the fact that Vatash was engaged in negotiations and/or discussions with Citi Mortgage is not a defense to the foreclosure lawsuit. Citi Mortgage’s motion for summary judgment was granted.

Conclusion

There are a number of important issues which were dealt with in this case. To start with, a lack of standing argument must be plead in the answer to the Summons and Complaint. Secondly, discussions with a bank concerning mortgage modifications or other ways of resolving the case have no impact on the foreclosure lawsuit moving forward.

helping homeowners stay in their homesElliot Schlissel is a foreclosure defense lawyer. His office has represented homeowners for more than 45 years on mortgage foreclosure lawsuits throughout the Metropolitan New York area.

Mortgage Lender Penalized for Failure to Comply with Notice Requirements

foreclosure defense lawyersJudge Dolinger sitting in the Supreme Court in Rochester recently ruled a mortgage lender who did not comply with the “consumer friendly notice requirements under New York State law should be given a second chance to comply with the statute.” However, the lender was permanently enjoined from imposing any interest, fees, costs or legal expenses on the borrower from 90 days before the filing of the complaint until the bank complies with the New York notice requirements.

Foreclosure Prevention Tenant Protection and Property Management Act

The Foreclosure Prevention Tenant Protection and Property Management Act of 2009, requires a lender give the homeowner notice prior to the house being foreclosed on. In the case before Judge Dolinger, Citi Mortgage failed to comply with this statute. Judge Dolinger was concerned if the case was dismissed, Citibank would get a second chance to comply with the statute’s notice requirements. However, the judge noted in his decision the bank’s failure to comply with the notice requirements in their first attempt. If they were successful in the second attempt the borrower would be worse off because they would be responsible for the entire amount of the unpaid debt including the portion of the interest penalties and attorneys fees which accrued on the debt during the period of time between Citi Mortgage’s first chance at complying with the statute and their second chance. Judge Dolinger wrote in his decision, “the borrower is worse off because the amount of the debt has been increased during the two year period in which the foreclosure action has been pending making a recasting of the mortgage more costly, if not prohibitively so.” To deal with this, Judge Dolinger entered an order permanently enjoining the bank from imposing any interest, fees or legal expenses on the borrower from 90 before the filing of the complaint until such time as they complied with the statute.

Notice Regarding Foreclosure Lawsuit

New York Real Property Actions Proceedings Law (RPAPL) § 1304 requires a creditor to notify a borrower by registered or certified mail as well as by first class mail, offering assistance on how to avoid foreclosure. Citi Mortgage had failed to comply with this section of the Real Property Actions Proceedings Law. In the case before Judge Dolinger, he stated “there was no sworn statement from any bank official regarding the mailing.” Judge Dolinger, based on the bank’s failure to provide the sworn statement regarding the mailing, could have dismissed the foreclosure lawsuit. He refused to do so because he stated he “will not allow the bank to escape the consequences of its failure to follow” the law. Judge Dolinger went on to state “when and if the bank complies” with this statute it can collect “any principal payments due at any time under the note and mortgage.” Judge Dolinger’s ruling, however, denied the bank the ability to collect interest, fees, costs and attorneys fees during the period of time the bank was in non-compliance with the statute.

Conclusion

This was a victory for the mortgagors, albeit a small victory.assisting homeowners

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