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.

The Federal Bailout of Banks Continues

Many of the largest banks in the country have been paying back the federal government for the loans given to them several years ago when they were in financial difficulty. However, this is not true of all financial institutions. More than 600 financial institutions still collectively owe the federal government more than $30 billion dollars. This amounts to about 13% of the $245 billion dollars that was given to banks by the federal government to bail them out.

SunTrust and KeyBank are two of the larger financial institutions still utilizing federal funds from the bailout. Some of the financial institutions have used the federal bailout money to buy other banks and to line their investment portfolios. This is not what the federal bailout funds were intended for!

When the federal government became involved in the bailout, there was no end game as to how to extricate themselves from loaning money to banks. The Troubled Asset Relief Program, commonly referred to as TARP, injected the federal funds into financial institutions to prop them up during the height of the banking crisis. The issue now is when does the government get this money back and when does the program end.

The Bailout Program is Profitable

The Treasury Department has indicated that they anticipate receiving a $12 billion dollar profit related to the funds loaned to banks under the bank bailout program. However, whether the federal government will ultimately make money or lose money depends on what happens with the 600 remaining banks that are still utilizing taxpayer funds. It should be noted that more than 140 banks have not been making their payments to the federal government. A substantial number of these banks will ultimately default on their debt to the federal government. Under the TARP program, the banks can hold onto their federal funds up to three years. The TARP program is also causing many small banks to merge to become more financially stable. Larger banks have access to capital, while smaller banks have greater difficulty obtaining capital. The intent to the TARP program was to render the banking industry in the United States healthy. Hopefully this program will be a continued success.

Long Island Foreclosure Defense Attorneys

The foreclosure defense and bankruptcy attorneys at the Law Offices of Schlissel DeCorpo can help you with the following items: mortgage modifications, mortgage modifications that fail to meet your needs, foreclosure conferences, defective foreclosure lawsuits, predatory lending issues, real estate problems, defective mortgages, bad faith by financial institutions, Chapter 7 bankruptcies, Chapter 13 bankruptcies, providing information concerning mortgage terms and foreclosure terms, discussing the types of bankruptcy that may be available to you, re-establishing credit after bankruptcy, eliminating second mortgages and stopping foreclosure.

You also may want to take a look at our foreclosure blog. Call us for a consultation for any of the aforementioned items.

Foreclosure Abuses

The Attorney Generals in all fifty states have been involved in litigation concerning the foreclosure practices at the largest banks in the United States. When these investigations by the State Attorney Generals were initially announced, homeowners who had been defrauded and abused by financial institutions they placed trust in were expecting justice.

Settlement Proposal

There has recently been a settlement proposal made to America’s largest banks. The Republicans in the United States Senate and House of Representatives feel that the Attorney Generals are asking much too much from the banks. The proposal includes needed reforms. It would require financial institutions and banks to stop foreclosure proceedings while a loan modification is pending. It will also be necessary for the financial institutions to eliminate red tape, simplify the loan modification process, properly fund it and speed it up.

The purpose of this settlement proposal is to shield the financial institutions from future lawsuits involving illegal, improper mortgage and foreclosure practices. Although it is a good idea to have one global settlement with the financial institutions, the settlement should not be too generous. Banks have been involved in numerous improper mortgage and foreclosure practices. They have filed false court documents to speed up foreclosures. They have utilized robo-document signers. They have brought foreclosure proceedings when mortgages have been paid. They have charged excessive fees. They have not provided loan modifications pursuant to the federal loan modification programs. They have had conflicts of interest and they have favored foreclosures over loan modifications.

Bank Misbehavior

Banks have gotten away with bad behavior, which has victimized consumers for much too long. The foreclosure crisis in the United States was caused by greed on behalf of the banks! A settlement concerning the foreclosure abuse by financial institutions should be of a nature as to reform the banking industry regarding mortgage modifications, mortgage and foreclosure practices and rectify the bad past practices.

Foreclosure Defense for New Yorkers

We provide foreclosure defense for New Yorkers. We assist New Yorkers with mortgage modifications and mortgage modifications programs that fail. We file Chapter 7 and Chapter 13 bankruptcies on behalf of our clients. We explain why bankruptcies should be filed to our clients. We deal with re-establishing credit when necessary. We can stop foreclosures from moving forward. We attend foreclosure conferences in the state courts in New York for our clients. We provide foreclosure defense and litigate defective foreclosure lawsuits, predatory lending, real estate issues, bad faith by financial institutions and defective mortgages. We maintain a foreclosure blog which is updated on a weekly basis. Call us should you have foreclosure or bankruptcy problems. We can help you!

Buying a Home in Today’s Market

Buyer’s Market

There are many homes on the market today in every locality. Some homes are placed on the market by sellers, other homes come to the market by way of foreclosure by the financial institution. All of these homes have one thing in common, they’re competing against many other homes to be sold.

What Should a Seller Do

A seller should look for a bargain. In today’s market, if the perspective purchaser’s first offer does not insult the seller, they are offering too much money. There is no list price for a used home. The value of a home is based on supply and demand. There is an over supply of homes on the market right now. This is why it is a purchaser’s market. Do not be afraid to offer a substantially lower amount than the seller seeks to sell his or her home for. It is your money, be careful!

What To Do First

Obtain a credit report. If your credit is good, great! If your credit is not so hot, contact an attorney or credit counselor and rebuild your credit.

Speak to a real estate broker and/or a mortgage broker about the actual cost involved in the closing on the purchase of a home. Do you have 20% of the home’s value as a down payment? If not, look into whether you can obtain a mortgage with a lower down payment. Speak to other local banks or mortgage brokers.

FHA and VA Mortgages

FHA mortgages are Federal Housing Authority mortgages. VA mortgages are given out by the Veterans Administration to Americans who have served in the armed services of the United States. These are alternatives to obtaining a conventional mortgage from a financial institution. Investigate whether you qualify for these mortgages and whether their interest rates are lower then those of financial institutions giving out conventional mortgages.

Be Careful

Even if you obtain the deal of a lifetime, you may find that in a year or two, due to current market situations, your home is worth less than you paid for it. The purchase of a single family home is the largest investment most families make. It gives you a place to live and a place to raise your children. In most situations, it is a larger, more comfortable space than an apartment that you would rent. However, be advised it is an investment and investments can go both either up or down!

Foreclosure Defense on Long Island

We provide foreclosure defense for our clients. We litigate foreclosure lawsuits. We attend foreclosure court conferences on behalf of our clients. We deal with issues such as defective foreclosure lawsuits, predatory lending, bad faith by financial institutions, and defective mortgages. We’ve been handling real estate related matters for more than 45 years. We assist our clients in mortgage modifications and we deal with mortgage modifications that fail to meet our clients’ needs.

In appropriate situations, we file Chapter 7 or Chapter 13 bankruptcies on behalf of our clients. Both of these bankruptcies have the impact of immediately stopping foreclosure proceedings. We explain the types of bankruptcies that are available to our clients, as well as why they should file bankruptcy. We also maintain a foreclosure blog that deals with real estate, mortgage and foreclosure related issues. Call us for a free consultation.

The Fantasy of Pre-approval of Mortgages

Pre-approval for mortgages is a fantasy. At our law office, our clients have been coming to us for years and advising us that they’ve spoken to their mortgage broker and they’ve been pre-approved. Pre-approval is a marketing device for mortgage brokers and financial institutions. It does not mean that you will receive a mortgage!Pre-approval is usually subject to underwriting, credit checks, validation of financial information and all types of other prerequisites. The following is an example of how pre-approval really works:

The prospective homeowner goes into the financial institution. A salesperson tells the perspective homeowner that he or she has been pre-approved for a mortgage. Based on this information, the prospective homeowner finds a house to buy and enters into a real estate contract. The financial institution does credit checks, checks employment, and thereafter underwrites the loan.

In the end, the financial institution can turn down the mortgage for numerous reasons, including not fulfilling the obligations of the underwriting process or by simply stating that the pre-approval was for only a limited period of time and that the prospective purchaser has exceeded that period of time in going from contract to closing on the transaction. This leaves the homeowner high and dry. You don’t have your mortgage until you are sitting at the closing table and the check from your financial institution is given to the seller.

Nassau County Foreclosure Defense Lawyer

Our law firm deals with the following issues: mortgage modification programs, foreclosure, court conferences, foreclosure litigation, defective mortgage foreclosure lawsuits, predatory lending issues, bad faith by financial institutions, defective mortgages and real estate issues in general. We also deal with the filing of Chapter 7 bankruptcy, Chapter 13 bankruptcy, re-establishing credit and stopping foreclosures. Should you have any of these problems, call us! We can help you.

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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The information you obtain at this website is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your particular legal issue. This is attorney advertising.

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