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Foreclosure by Bulldozer

August 19, 2011 by

Banks have a new weapon in dealing with foreclosed homes. The weapon is the bulldozer. Banks have been bulldozing more and more foreclosure homes. First, banks start legal proceedings, which enables them to obtain the titles to homes in local areas. Then they review the homes in their portfolio and they bring demolishing teams and bulldoze the least valuable repossessed homes. In the month of June, Bank of America bulldozed more than 100 foreclosed homes in Cleveland.

JP Morgan Chase has donated homes that it can’t sell or didn’t think were worthy of being repaired. Since 2008, JP Morgan Chase has knocked down approximately 2,000 homes and donated the land to city and county officials.

There is a benefit to banks donating property back to municipalities. They no longer have to pay the real property and school taxes on these homes. They also may be able to write off, as a loss, the homes donated to the municipalities.

Does Bulldozing Help the Housing Market?

There are experts in the real estate industry who claim that by removing low quality homes that are difficult to sell, these homes no longer cause real estate prices in a local area to go down. Since there is an over supply of homes on the market already, putting more low quality homes on the market just brings real estate prices down. The theory is the housing market is in best shape when supply and demand are an equilibrium. By bulldozing homes, the banks are reducing the supply of empty homes to the market place.

New York and Long Island Foreclosure Defense Lawyers

We can keep you and your family in your home. We provide foreclosure defense and bankruptcy legal representation for our clients. We attend foreclosure court conferences for our clients. We litigate foreclosure proceedings in the courts throughout the Metropolitan New York area. We are knowledgeable concerning real estate related defenses, in foreclosure proceedings and the federal laws that deal with foreclosure.

We can also assist our clients in foreclosure related bankruptcies. We file Chapter 7 and Chapter 13 bankruptcies for our clients. At our initial consultation, we will discuss various types of foreclosure defenses and the types of bankruptcies that may be available to you. We can stop foreclosure and debt collection activities by filing bankruptcy on your behalf. There are also numerous bankruptcy myths, such as you will never receive credit again, that are untrue. We will be happy to meet with you and discuss issues involving foreclosure, bankruptcy, re-establishing credit and staying in your home. Call us for a free consultation. Thank you for visiting our foreclosure blog.

Filed Under: Bankruptcy, Current Events, Foreclosure, Foreclosure Defense, Mortgage Modification, Uncategorized Tagged With: , , , , , , , , , ,

Homeowners Associations

August 18, 2011 by

Homeowners Associations (condo and coop organizations) oversee 25 million homes. Approximately three quarters of all newly constructed homes are in Homeowners Association communities.

Homeowners Associations set up rules for their communities. They have monthly dues to cover the costs of servicing and maintaining the homes in the communities. These dues can cover road repairs, street lights, maintaining the lawns and roofs of the dwellings in the association, as well as all other aspects of maintaining the community. Homeowners Associations can levy special assessments over and above regular dues payments. These special assessments deal with major repairs or one time large expenses.

Foreclosures and Homeowners Associations

As more and more banks take over foreclosed homes and throw the residents out, the homes become vacant. Vacant homes don’t pay dues towards Homeowner Associations. This causes financial problems for these organizations.

Homeowner Associations can foreclose on homes when the homeowner refuses or is unable to pay the association’s dues. Imagine this situation: you lose your job and you modify your mortgage with the bank. Homes in your community become vacant and the Homeowner Association raises your dues. You notify the association that you’re not in a financial position to pay your dues, but you’ll catch up when you obtain a new job. Their response: if your dues aren’t current within sixty days we will foreclose on your home! This is happening more and more frequently to homeowners in the United States.

During times of economic prosperity, homeowner associations keep communities safe, they maintain the grounds of the communities, they set up and maintain tennis courts, swimming pools and sometimes golf clubs. When times are tough, homeowners associations raise their rates and foreclose on nonpaying home owners!

New York Foreclosure Defense Attorneys

Is your home in foreclosure? If so, we can help you save it! We are a foreclosure defense law firm. For more than 45 years, we have helped our clients in obtaining mortgage modifications and dealing with mortgage modification programs that fail to meet their needs. We represent our clients in foreclosure defense litigation. We litigate issues involving defective mortgage, predatory lending, defective foreclosure lawsuits and other types of real estate issues. We attend foreclosure court conferences on behalf of our clients.

At the time of our initial consultation, we provide all foreclosure options to our clients. In situations when foreclosure related bankruptcies make sense, we discuss either filing a Chapter 7 or Chapter 13 bankruptcy. Filing bankruptcy immediately stops the foreclosure from moving forward. Sometimes the bankruptcy can also eliminate second mortgages. We discuss with our clients how to re-establish credit at the end of the bankruptcy. Feel free to call to discuss your foreclosure options. We look forward to seeing you again on our foreclosure blog.

Filed Under: Current Events, Foreclosure, Foreclosure Defense, Mortgage Modification, Uncategorized Tagged With: , , , , , , , , , , ,

Unemployed Americans Obtain One Year Waiver on Payment of Mortgages

August 15, 2011 by

Individuals with FHA (Federal Housing Authority) loans must now allow qualified borrowers who have lost their jobs to miss up to one years worth of mortgage payments prior to bringing a foreclosure proceeding against them. There’s currently a three to four month forbearance period for unemployed individuals. Unfortunately, most men and women who lose their jobs stay out of work for much longer than three or four months.

Secretary of Housing, Shaun Donovan, stated that “providing the option for a year of forbearance will give struggling homeowners a substantially greater chance of finding employment before they lose their home.” The Obama Administration seeks to remove hurdles for individuals to qualify for this program. Financial institutions who deny the one year forbearance to unemployed individuals must allow the mortgagors seven calendar days to provide further information that may change the servicer’s mind concerning this issue. All FHA service providers must cooperate with this new mortgage forbearance program. This new initiative by the Obama Administration is welcomed by both men and women who are out of work and the real estate industry in general. The huge number of homes being foreclosed upon is depressing the real estate market.

Foreclosure Defense

Foreclosure is a nasty term. Foreclosure notices are depressing. There’s a tendency when your financial troubles are out of control to try to avoid these problems. This is a wrong way of dealing with this problem. Come to us, we can help you! We litigate all aspects of foreclosure proceedings including, but not limited to, defective foreclosure lawsuits, defective mortgages, predatory lending issues, bad faith, and other real estate legal issues. We attend foreclosure court conferences for the clients we represent. We also assist our clients in the preparation of mortgage modification applications, as well as deal with mortgage modification programs that are unresponsive to our clients’ needs.

In certain situations, foreclosure related bankruptcies can be utilized to stop foreclosures from moving forward. Upon filing either a Chapter 7 or a Chapter 13 bankruptcy, the bankruptcy court issues an automatic stay that stops the foreclosure lawsuit from moving forward. It should be noted that bankruptcy proceedings are brought in the United States Bankruptcy Court, while foreclosure proceedings are brought in New York State Courts.

For our clients who file bankruptcy, we can sometimes eliminate second mortgages. We also can assist our clients in re-establishing their credit after filing bankruptcy. Should you have questions as to what type of bankruptcy would be appropriate for you or whether there is other alternatives related to foreclosure defense, feel free to contact us. At your initial free consultation, we will discuss all of your foreclosure options. We look forward to seeing you again on our foreclosure blog.

Filed Under: Bankruptcy, Current Events, Foreclosure, Foreclosure Defense, Mortgage Modification, Uncategorized Tagged With: , , , , , , , , , , , , , , ,

The Best Housing Markets in America

August 10, 2011 by

2011 is not a good year for the housing markets in the United States. It is anticipated that real estate prices will fall an additional 2.5% in the second half of this year. The high foreclosure rates, high unemployment rates and low consumer confidence has a continuing negative effect on the real estate market. However, there are some markets that are expected to perform well this year. The five metropolitan areas that anticipate having the price of residential real estate go up are Washington D.C., Orlando, Dallas, San Francisco and New York City.

There tends to a be a positive up tick in the real estate market in the summer. The warm weather allows people to go outside and shop around for homes, co-ops and condos.

Distressed Home Sales

Before the housing market started to fail, distressed home sales related to foreclosures were a very small part of the real estate market. Today, bank owned homes represent approximately a third of all total sales of residential real estate. When you compare this to the year 2005, where distressed home sales were less than 5%, you see an enormous jump. In the year 2010, 1.7 million homes were considered distressed home sales.

Will Home Sales Bottom Out In 2011?

Some real estate experts believe that home sales will reach their lowest point in the first quarter of 2012. The Federal Reserve feels that the jobless rate will dip below 8% in 2012 and that the growth domestic product will increase from 3.3% to 3.7%.

Foreclosure Defense

If your house is being foreclosed or threatened to being foreclosed upon, call us, we can help you. We can attend foreclosure court conferences on your behalf. We can submit an answer to your foreclosure proceeding that can include defenses involving defective mortgages, defective foreclosure lawsuits, predatory lending and other real estate related defenses. We are knowledgeable about federal laws and foreclosure. We will provide you at the time of the initial consultation with all of your foreclosure options. These options will include foreclosure related bankruptcies. The filing of either a Chapter 7 or Chapter 13 bankruptcy will stop foreclosures from moving forward. Filing a bankruptcy will also stop debt collectors and collection lawyers that may be harassing you. There are many bankruptcy myths that are untrue. Bankruptcy will not permanently destroy your credit. We will be able to help you re-establish credit after filing a bankruptcy.

Call us for a free consultation, we can help you. Thank you for visiting our foreclosure blog.

Filed Under: Current Events, Foreclosure, Foreclosure Defense, Uncategorized Tagged With: , , , , , , , , , , , , , , , , ,

Foreclosure Proceedings are Devastating Communities Throughout the Country

August 3, 2011 by

The value of homes throughout the country has gone down. Many Americans live in homes that worth less then the amount of their mortgages. The high unemployment rate and the downsizing of jobs by many employers have robbed homeowners of the ability to make their mortgage payments.

Foreclosure on Long Island

Nassau and Suffolk Counties on Long Island have some of the highest foreclosure rates in the State of New York. President Obama’s programs have not stopped foreclosure rates from rising.

It is estimated that it takes approximately 2 ½ years for lender to complete a foreclosure proceeding and take title to a home in New York State. Homeowners who are losing their homes lose motivation to maintain their property. This causes a blight on their neighborhood which has a negative effect on the surrounding homes in their community.

Loan Modifications

Lenders in the United States are doing a terrible job in processing loan modifications. The process is slow, painstaking and yes poorly managed by the financial institutions.

The housing problems in the United States are slowing down the economic recovery. More has to been done by financial institutions to modify mortgages and allow homeowners to stay in their homes.

Foreclosure Defense Lawyers In New York City and Long Island

Law Offices of Schlissel DeCorpo represents homeowners whose homes are in foreclosure. We assist the homeowners with mortgage modifications. We litigate issues involving defective foreclosure lawsuits, predatory lending, defective mortgages and real estate problems in general. Our attorneys are familiar with the federal laws involving foreclosure.

Sometimes the best way to deal with a foreclosure proceeding is to file foreclosure related bankruptcy. In these situations we file either Chapter 7 or Chapter 13 bankruptcies on behalf of our clients. These bankruptcies stop foreclosures, stop debt collections and allow our clients to obtain a fresh start. Feel free to call us for a consultation.

Filed Under: Bankruptcy, Current Events, Foreclosure, Foreclosure Defense, Mortgage Modification, Uncategorized Tagged With: , , , , , , , , , , , , , , , , ,

Home Construction Rates Keep Falling

August 2, 2011 by

The home construction industry in the United States is in the doldrums. Builders are not applying for permits for new projects. Applications for building permits are at the lowest level in fifty years. Falling home prices, the huge glut of foreclosed homes in the market place and purchasers reluctance to buy a new home is destroying significant portions of the home building industry.

Jobs, Jobs, Jobs

Americans need jobs. The unemployment rate is too high! The housing industry will not recover unless more Americans are employed.

Tight Credit Markets

Both builders and prospective home purchasers need to obtain credit before they can build and buy homes. Right now small home building companies have been shut out of the credit market. Since they can’t obtain credit, they do not have the means to build homes. The few that are building homes are finding it very difficult to find perspective purchasers who’s credit scores and liquidity allows them to qualify for a new mortgage.

The housing industry in the United States is a mess. Things will continue to get worse unless financial institutions make it easier for homeowners to modify their mortgages.

Foreclosure Help in New York

If your home is in foreclosure we can help you. Our law office defends homeowners in foreclosure proceedings. We litigate defective mortgages, defective lawsuits, predatory lending issues related to foreclosures and other real estate problems. We are familiar with federal laws that deal with foreclosure. We assist our clients with mortgage modifications. After foreclosure lawsuits are started, we represent our clients at foreclosure court conferences.

Bankruptcy

In the appropriate situations we file foreclosure related bankruptcies for our clients. These bankruptcies can either be a Chapter 7 or Chapter 13 bankruptcy. These bankruptcies can be used to eliminate second mortgages, stop foreclosure proceedings and also stop all debt collection activity. At the end of the bankruptcy, we can help our clients in re-establishing their credit. Feel free to call for a free consultation or contact us online.

Filed Under: Bankruptcy, Current Events, Foreclosure, Foreclosure Defense, Mortgage Modification, Uncategorized Tagged With: , , , , , , , , , , , , , ,

United States Government Sues Deutsche Bank Over Improper Loan Practices

July 21, 2011 by

In May of 2011 the Justice Department filed a lawsuit against Deutsche Bank. They asked for hundreds of millions of dollars in damages from Deutsche Bank. The lawsuit alleges that Deutsche Bank improperly charged it’s customers for bad loans issued by the bank. The lawsuit was filed in the United States District Court in New York.

U.S. attorney Preet Bharara stated upon filing the lawsuit, Deutsche Bank “ignored every type of red flag and breached every duty of due diligence before underwriting thousands of federally insured mortgages.” “While the homes the defendant’s issued loans for may have been build on solid ground, the defendant’s lending practices were built on quick sand. Ultimately prudence was trumped by profit, and good faith took a back seat to good fees.”

A representative from Deutsche Bank stated the charges against them were “unreasonable and unfair”.  The governments complaint stated that more than forty thousand loans were issued by Deutsche Bank during a ten year period from 1999 to 2009. These loans have a face value of more than five billion dollars.  The government alleges that as a result of Deutsche Banks loan program, there was numerous defaulted loans which have cost the United States taxpayers more than one billion dollars.

New York Foreclosure Defense and Bankruptcy Attorneys

There are a variety of ways to fight foreclosures. They can be litigated in the State Court where the lawsuit is brought. Defenses such as predatory lending, defective foreclosure lawsuits, defective mortgages, violation of federal laws related to foreclosure and other real estate defenses can be raised in the state courts. Applications can also be made for mortgage modifications to entice the financial institution to back off on the foreclosure proceedings.

In addition to the state based actions, families whose homes are in foreclosure can file foreclosure related bankruptcies. The bankruptcies filed are either a Chapter 7 or Chapter 13 bankruptcy. These are two types of bankruptcy that apply to consumers. Filing the bankruptcy stops foreclosures from moving forward, ends debt collection and sometimes eliminates second mortgages. At the end of the bankruptcy the individuals filing can re-establish their credit.

Should you have questions as to the best route for you to take to save your home, call us, we’ll provide you with a free consultation and discuss your foreclosure defense options. You are on the Elliot Schlissel foreclosure blog and we thank you for visiting with us.

Filed Under: Current Events Tagged With: , , , , , , , , , , , ,

Improving Your Chances of Obtaining a Mortgage

July 21, 2011 by

For a period of time in America, mortgages were being given out by financial providers without the appropriate due diligence requirements being met. This caused a mortgage crisis in the United States that we are still dealing with. There are currently new rules in place regarding obtaining mortgages. The rules are strict and the requirements are more difficult to meet.

Credit Scores

It takes a much higher credit score today to obtain a mortgage than it did five years ago. Prior to obtaining a mortgage, it is important that you investigate your credit score. If your credit score is not high enough to obtain a mortgage, procedures can be undertaken to increase your credit score.

Paying Down Debt

If you have significant debt from credit cards, car loans or other types of debt, it can have a negative impact on your credit score. By paying down your debt you improve your income to debt ratio, which in turn will raise your credit score.

Don’t Make Large Purchases

If you’re planning on buying a home, do not apply for additional credit cards and do not make large purchases on your existing credit cards prior to buying your home. Lenders will look into these activities and it will have a negative impact on their underwriting process.

Put More Money Down As a Down Payment

Lenders today are looking for 20% down payment before giving mortgage loans to prospective homeowners. If you could put down more than the 20%, it will increase your chance of getting a mortgage loan.

The mortgage process will require that you produce tax records, pay stubs, bank statements, credit reports and other financial documents. Maintain all of these documents in an organized fashion. This will ease the burden of filling out the mortgage loan applications.

Beware of the Twenty Eight Percent Standard

Banks today are following guidelines that total housing expenses should not exceed 28% of your monthly gross income. If you exceed the standard it will be difficult for you to obtain a mortgage.

Foreclosure Defense

Foreclosure is a nasty term. Foreclosure notices are depressing. There’s a tendency when your financial troubles are out of control to try to avoid these problems. This is a wrong way of dealing with this problem. Come to us, we can help you! We litigate all aspects of foreclosure proceedings including, but not limited to, defective foreclosure lawsuits, defective mortgages, predatory lending issues, bad faith, and other real estate legal issues. We attend foreclosure court conferences for the clients we represent. We also assist our clients in the preparation of mortgage modification applications, as well as deal with mortgage modification programs that are unresponsive to our clients’ needs.

In certain situations, foreclosure related bankruptcies can be utilized to stop foreclosures from moving forward. Upon filing either a Chapter 7 or a Chapter 13 bankruptcy, the bankruptcy court issues an automatic stay that stops the foreclosure lawsuit from moving forward. It should be noted that bankruptcy proceedings are brought in the United States Bankruptcy Court, while foreclosure proceedings are brought in New York State Courts.

For our clients who file bankruptcy, we can sometimes eliminate second mortgages. We also can assist our clients in re-establishing their credit after filing bankruptcy. Should you have questions as to what type of bankruptcy would be appropriate for you or whether there is other alternatives related to foreclosure defense, feel free to contact us. At your initial free consultation, we will discuss all of your foreclosure options. We look forward to seeing you again on our foreclosure blog.

Filed Under: Current Events, Foreclosure Defense Tagged With: , , , , , , , , , , , , ,

Illegal Foreclosures on Homes Owned By Military Personnel

July 20, 2011 by

Banks, mortgage companies and other financial institutions have been illegally foreclosing on homes owned by men and women actively serving in the military  of our country. Men and women in the Armed Services of the United States are supposed to be protected by the Servicemembers Civil Relief Act. This is a law designed to protect members of the Armed Services who have financial difficulties. This federal statute prevents foreclosure on properties owned by men and women on active duty in the military of the United States. Foreclosures in violation of the Servicemembers Civil Relief Act are punished by the justice department’s civil division.

Fifty Illegal Foreclosures of Property Owned By Members of the Military

In a recent report the General Accountability Office of the United States government has disclosed that they have found more than fifty wrongful foreclosures of homes owned by members of the military. These foreclosures have been undertaken by 14 of the largest banks in the United States. Al Franken, the democratic senator from Minnesota, stated “the idea of wrongfully forcing service members families from their homes while their loved ones are risking their lives to protect our country, is not only unconscionable, it’s illegal.”

In February of 2011, JP Morgan Chase disclosed it had improperly foreclosed on 18 homes owned by military members. The bank has recently either rescinded the foreclosure sales or reached a financial settlement with a dozen of these military borrowers. JP Morgan Chase’s chairman, Jamie Dimon, referred to these foreclosures as “a painful apparition.” Recently JP Morgan Chase has found another 30 situations where they may have illegally foreclosed on service members homes.

Protect Your Country and Lose Your Home

Men and women who are risking their lives in the armed services of the United States should be protected from having their loved ones thrown out of their homes and the home sold in foreclosure!

Lawyers Helping Victims of Foreclosure

We help families whose homes are being foreclosed. We assist our clients with mortgage modifications and dealing with mortgage modification programs that fail to meet their needs. We litigate violations of federal laws regarding foreclosure,  predatory lending issues, defective foreclosure lawsuits, real estate related issues and defective mortgages. We attend foreclosure court conferences for our clients.

We file foreclosure related bankruptcies, such as Chapter 7 and Chapter 13 bankruptcies for our clients. At our initial consultation we discuss the types of bankruptcy that are available and why the situation may require the filing of a bankruptcy petition. At the end of the bankruptcy case we explain to our clients how to re-establish their credit. It should be noted that bankruptcies stop foreclosures and also stop debt collection activity. Feel free to call us for a consultation. Thank you for visiting our foreclosure defense blog.

Filed Under: Current Events, Foreclosure Defense Tagged With: , , , , , , , , ,

Foreclosure Horror Story

July 13, 2011 by

Warren Nyerges and his wife Maureen purchased a home from Bank of America in St. Petersburg, Florida. They paid $165,000 for a twenty-seven-hundred square foot home.

Foreclosure Proceedings Initiated on Home

Several months after paying $165,000 for the home and having no mortgage on it, Warren and Maureen were sued in a foreclosure proceeding. They originally thought this was a joke. The house had no mortgage on it. This was the start of a saga lasting almost two years. A representative from Bank of America told Warren he was not current on his mortgage. This was ridiculous; he didn’t have a mortgage.

Homeowners Sue Bank of America

Warren and Maureen eventually sued Bank of America. After painstakingly researching this situation, Warren and Maureen found out that their names were taken from their real estate contract to buy the house and placed on a previously initiated foreclosure proceeding.

Florida Attorney General Investigation

The Attorney General’s office in Florida investigated this matter. They ascertained the attorney representing Bank of America had engaged in fraudulent practices. He had overcharged homeowners in legal fees. He also brought foreclosure proceedings without having the appropriate documents showing the banks were owed money on the homes. Eventually, Maureen and Warren were able to straighten out their problem with the help of a foreclosure defense attorney.

Foreclosure Help

Is your home in foreclosure? If so, we can help you save it! We are a foreclosure defense law firm. For more than 45 years, we have helped our clients in obtaining mortgage modifications and dealing with mortgage modification programs that fail to meet their needs. We represent our clients in foreclosure defense litigation. We litigate issues involvingdefective mortgage, predatory lending, defective foreclosure lawsuits and other types of real estate issues. We attend foreclosure court conferences on behalf of our clients.

At the time of our initial consultation, we provide all foreclosure options to our clients. In situations when foreclosure related bankruptcies make sense, we discuss either filing a Chapter 7 or Chapter 13 bankruptcy. Filing bankruptcy immediately stops the foreclosure from moving forward. Sometimes the bankruptcy can also eliminate second mortgages. We discuss with our clients how to re-establish credit at the end of the bankruptcy. Feel free to call to discuss your foreclosure options. We appreciate your visiting us on our foreclosure blog.

Filed Under: Current Events, Foreclosure Defense, Mortgage Modification Tagged With: , , , , , , , , ,

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Attorney Elliot S. Schlissel

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Disclaimer: 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.