Foreclosure – Page 25

Buyout of Damaged Homes on Fire Island

July 15, 2014 by Elliot S. Schlissel

In the 1960’s, the United States Army Corp of Engineers laid out plans to develop a shield for Fire Island, which is located on Suffolk County’s south shore. Under this plan, several thousand homes in flood zones would have been torn down and natural buffers, including wetlands, would have been restored. Unfortunately this never took place.

Superstorm Sandy

After Superstorm Sandy there were scores of homes damaged on Fire Island. Fire Island is a barrier island which lies a few miles from the South Shore of Suffolk County. There are 15 separate communities on Fire Island. After Superstorm Sandy damaged numerous homes, it was proposed that 40 or 50 homes on Fire Island be torn down and dunes be established at those locations to protect the rest of the island. Surveys have been conducted by the Suffolk County Department of Public Works with regard to the amount of land necessary to establish these dunes to protect the island.

It was originally estimated it would cost $46 million to tear down 41 homes and create 15 foot high dunes to protect Fire Island. This estimate has turned out to be too low. It is now estimated it will cost between $60 million and $80 million to tear down the homes, obtain easements and to rebuild the dunes necessary to protect the island.

The Program is Moving Slowly

Homeowners on Fire Island are concerned because the program is now a year behind schedule. There are 41 homes which have been condemned by Suffolk County on Fire Island. These homes cannot be sold. Homeowners who were offered buyouts under this program, who feel they were not offered adequate compensation for their condemned homes, can bring legal action to try to obtain a higher price for their home.

Elliot S. Schlissel is a foreclosure attorney. He represents homeowners on Long Island and in the City of New York whose homes are in foreclosure. He litigates issues involving improper bank practices, bad assignments, predatory lending, and all types of issues affecting homeowners facing foreclosure lawsuits. In addition, Elliot helps his clients obtain mortgage modifications.

Filed Under: Foreclosure, Foreclosure Defense Tagged With: defective foreclosure lawsuits, defective mortgages, financial crisis, foreclosure defense, foreclosure proceedings

History of Foreclosure Court Conferences

July 9, 2014 by Elliot S. Schlissel

In 2008, at the height of the financial crisis, foreclosure court conferences were mandated with regard to homeowners who had taken out sub-prime and/or expensive mortgages. When this new requirement for financial institutions went into effect, they were also required to give notice 90 days prior to bringing a foreclosure lawsuit in New York. In 2009, the foreclosure settlement conferences were mandated to all types of foreclosure proceedings brought against homeowners. The foreclosure settlement conference requirements were scheduled to expire in February of 2015. The New York State Legislature, New York State Assembly and New York State Senate, have approved a bill to extend the foreclosure settlement conference requirement until 2020.

Courts Inundated with Foreclosures

The legal system in New York State is having difficulty dealing with the huge number of foreclosure settlement conferences and foreclosure lawsuits. In 2013, there were 100,000 settlement conferences in the courts in New York State. It is expected there will be in excess of 100,000 settlement conferences in 2014.

100,000 Foreclosures Pending

There are approximately 100,000 foreclosure cases pending in New York State. In May of this year, the administrator for the legal system in New York State decided to place more judges at foreclosure settlement conferences. This was in response to complaints from foreclosure lawyers that financial institutions were sending attorneys to the conferences who did not have the authority to make settlements. If the attorneys for the financial institutions cannot make decisions concerning settling the foreclosure cases, the whole purpose of the settlement conferences is defeated. It is anticipated the new judges will be in place and there will be new procedures to follow by the end of July 2014.

Filed Under: Foreclosure, Foreclosure Defense Tagged With: defective foreclosure lawsuits, foreclosure proceedings, New York foreclosure defense lawyers

Hurricane Sandy Buyouts Moving Forward

July 8, 2014 by Elliot S. Schlissel

In the month of May 2014, New York Rising, the agency that is involved with utilizing federal funds to pay for damages caused by Superstorm Sandy, purchased 34 homes. The agency is now in the process of hiring an auction company to sell off some of the homes which were purchased, in addition to several hundred others. The homes sold will either be fixed up or totally rebuilt to make them resistant to future hurricanes.

New York Rising Buying More Damaged Homes

New York Rising is in the process of buying about 500 homes on Long Island. The average price to be paid for these homes is $360,000. There is an additional 500 homeowners who have submitted applications to have their homes purchased. Many of the homes that are being purchased by New York Rising will not be resold. These homes will remain vacant and the land will not be developed. These properties will be used as a buffer against future storms.

Michelle Mittleman, a lawyer who represents a Facebook group of Sandy victims, indicates although New York Rising is paying reasonable value for these homes, they are moving too slowly.

Barbara Brancaccio, a spokesperson for New York Rising, stated they have “moved aggressively to work with homeowners to ensure that we provide them with a fair price, and comply with federal regulations.”

Elliot Schlissel is a foreclosure lawyer. He represents homeowners whose homes are in foreclosure. He litigates foreclosure lawsuits, helps homeowners obtain mortgage modifications, and gets great satisfaction helping families stay in their homes.

Filed Under: Foreclosure, Foreclosure Defense Tagged With: foreclosure, foreclosure defense, foreclosure proceedings, Mortgage Modifications attorney, real estate market

Home Flipping in Nassau County, New York

July 5, 2014 by Elliot S. Schlissel

Speculators have been involved in a significant amount of home flipping in Nassau County. A home is considered to have been flipped when it is purchased and then resold within a period of 180 days. There were approximately 200 homes flipped in Nassau County during the six month period ending in April 2014. The average purchase price of the homes that were flipped was $316,000 and the sale price of the homes within that same six month period was an average of $423,000. This provided a profit of over 33% to the speculators doing the flipping.

Why Are Homes Being Flipped in Nassau County, New York?

The reason for homes being flipped in Nassau County has to do with the fact that home prices are going up and there has been an increase in new foreclosure lawsuits. During the first quarter of 2014, there was a 4% rise in the number of foreclosure cases initiated by financial institutions in the courts in Nassau County. There has been a 6% year to year increase in the value of homes in Nassau County.

Pursuant to RealtyTrac approximately 2% of all the homes purchased in Nassau County have been purchased by speculators and flipped.

Conclusion

Speculators are very attuned to market trends. The fact that speculators have gone back into the marketplace in Nassau County to purchase homes indicates they believe real estate is appreciating at a significant level in Nassau County. Does this make it the right time for prospective purchasers to purchase a house in Nassau County? Yes, I believe purchasing a home in Nassau County is an excellent investment at this time.

Elliot S. Schlissel is a foreclosure attorney. He has been defending homeowners in foreclosure lawsuits for more than 45 years. Elliot and his staff of attorneys are well known in the court system and have had an excellent success rate in helping their clients obtain mortgage modifications. Elliot and his staff of attorneys are available for free consultations to homeowners having financial difficulties.

Filed Under: Foreclosure Tagged With: foreclosure attorney, foreclosure proceedings, New York foreclosure attorney, real estate, real estate market

The Effect of Bankruptcy on Foreclosure

July 1, 2014 by Elliot S. Schlissel

If my debts are discharged in bankruptcy, is the foreclosure over? Even if your debts are discharged in a Chapter 7 bankruptcy proceeding, your foreclosure problems are not over. If you discharge your unsecured debts and you enter into an arrangement to reaffirm the mortgage and make your mortgage payments your problems with the bank foreclosure may be over. In most cases involving a Chapter 7 bankruptcy, the personal obligation portion of the mortgage debt is discharged (erased) but the lien portion of the mortgage on your home still exists.

The Mortgage

A mortgage actually involves two separate and distinct documents. The first document is the promissory note which can be simply described as an I Owe You (IOU). The second item is a lien. Liens on real property in the State of New York are referred to as mortgages.

The Promissory Note

The purpose of the promissory note is to lay out the terms of the financial transaction, such as the amount you are borrowing, the interest rate, and the payment arrangements. The promissory note is actually the document that creates the personal financial obligation to the bank.

The lien which is placed on your home acts as a type of collateral to secure your repaying the IOU (personal obligation portion of your debt). The lien gives the bank security in your home. Even if you file a chapter 7 bankruptcy and discharge the personal obligation (IOU portion) of your debt, the lien still exists and the bank, when obtaining the release from the automatic stay from the federal bankruptcy court, can move forward with the foreclosure on your home.

The benefit of the chapter 7 bankruptcy discharge will prevent the bank from obtaining a deficiency judgment against you. A deficiency judgment involves a situation where the bank sells your home for less than is owed and goes after the balance of the funds they are owed.

Conclusion

A discharge in a chapter 7 bankruptcy discharges all of your personal obligations, except those which are designated as non-dischargeable by statute. After you receive a discharge, the automatic stay from the bankruptcy court will eventually be lifted. Once it is lifted, the bank will still be able to move forward with the foreclosure in a New York State Court unless you have made a payment arrangement with the financial institution.

So what can you do? Meet with a skilled foreclosure attorney. Find out what your rights are, your remedies are, and the best way to proceed.

Filed Under: Bankruptcy, Foreclosure, Foreclosure Defense Tagged With: bankruptcy, Chapter 7, foreclosure, foreclosure defense attorneys, foreclosure proceedings, New York foreclosure attorney

Is Bankruptcy the Solution to Stopping Foreclosure Proceedings?

June 26, 2014 by Elliot S. Schlissel

There is a common misconception that filing for a bankruptcy, whether it be a Chapter 13 or Chapter 7 bankruptcy, is a solution to being sued in a foreclosure lawsuit. This is generally not the case. Although under certain limited circumstances bankruptcy may be helpful to you, you should consult with a foreclosure lawyer before considering filing a bankruptcy. Although my office has been involved in filing more than 800 bankruptcies, in most cases involving foreclosure, we do not recommend the filing of a bankruptcy in a federal bankruptcy court is the solution to the foreclosure problem. Foreclosure defense has become a niche legal practice. The litigating of foreclosures in New York State courts is becoming a more and more specialized area. Foreclosure defense lawyers over the past 20 years have developed unique skills in defending foreclosure lawsuits which put the banks on their heels and keep homeowners in their homes.

The Automatic Stay

The filing of a bankruptcy will immediately stop a foreclosure from moving forward. However, the automatic stay granted by a bankruptcy court is only a temporary solution to the underlying problem of the foreclosure. Most homeowners whose homes are in foreclosure are not only looking for a temporary solution to the problem. They are looking for a permanent solution. The filing of a bankruptcy is not necessarily the best route to take.

Foreclosure Lawyers

Financial institutions have engaged in numerous fraudulent, unethical, improper practices. There have been many lawsuits by attorney generals in all 50 states as well as the federal attorney general’s office with regard to these improper, fraudulent practices. The banks have been fined more than $100 billion for their improper and fraudulent practices.

There are numerous federal and state laws regulating bank practices. There are also procedural laws to protect consumers in the State of New York with regard to foreclosure lawsuits. There is an entire body of case law that has been developed which can be utilized to stop foreclosure lawsuits in their tracks, and in some situations, get these lawsuits dismissed.

Mortgage Modifications

New York State has a law which requires all financial institutions to negotiate in good faith at foreclosure court conferences with regard to mortgage modifications. The law is designed to help consumers stay in their homes. Unfortunately, the success rate in obtaining mortgage modifications in New York State is very low. However, pressure can be placed on a bank and its attorneys at these conferences to force them to make reasonable offers with regard to mortgage modifications.

Litigating the Foreclosure Case

In a foreclosure lawsuit, every individual has a right to ask for a jury trial. Jury trials provide homeowners with a constitutional level of protection. During the course of these trials evidence of robo-signing, sham foreclosure affidavits, improper bank practices, violation of federal Truth in Lending Laws, violation of New York State Consumer Protection Laws, and violation of procedural laws involving the initiation of foreclosure lawsuits can be put into evidence. If properly presented, these foreclosure lawsuits can be dismissed.

Conclusion

Although the bankruptcy may be a solution to some issues related to foreclosure proceedings, it is generally not the way to go. Homeowners facing foreclosure should fight the foreclosure in the New York State court they are sued in. The best way to deal with this issue is hire an experienced, dedicated foreclosure defense lawyer to see to it your rights are protected and that the banks have acted properly.

Filed Under: Bankruptcy, Foreclosure, Foreclosure Defense, Mortgage Modification Tagged With: bankruptcy, Bankruptcy mortgage modification, defective foreclosure lawsuits, Mortgage Modifications attorney, New York foreclosure defense lawyers

Foreclosure Truths and Falsehoods – Part II

June 24, 2014 by Elliot S. Schlissel

Fighting The Foreclosure Lawsuit

3. Can I fight a foreclosure case on my own or do I need a lawyer?

You technically do not need to hire a lawyer to fight a foreclosure case. In theory you can represent yourself. But let’s look at the facts.

The financial institutions bringing the foreclosure proceedings are multi-billion dollar institutions. Banks such as Chase Manhattan are worth as much as a trillion dollars. The lawyers the banks hire to bring the foreclosure lawsuits specialize in foreclosure litigation. Many of these law firms have been operational for more than 25 years and are experts in handling foreclosure litigation. Unless you are very knowledgeable and experienced in the law regarding foreclosures, it would be a terrible mistake to try to defend yourself in a foreclosure proceeding. Experienced foreclosure lawyers have expertise in litigating foreclosure cases. Our law firm has been representing clients in foreclosure cases for more than 20 years. We have scores of cases pending, and many of our clients have been in their homes more than 6 years since the foreclosure proceedings were initiated against them.

Trying to represent yourself at a foreclosure proceeding, although legally appropriate, is almost always a mistake. You need to retain the right lawyer. You should look for a law firm that has extensive experience in representing clients in foreclosure lawsuits.

Loan Modifications

4. Are loan modifications the answer to foreclosure problems?

Loan modifications are the answer for many families’ foreclosure problems. However, they do not work if you have lost your job, are disabled, or have very little cash flow. Banks are not social service organizations. They are in business to make money. They make the mortgage loans to homeowners with the hope of making a profit on these loans.

There are various mortgage modification programs. However, the success rate consumers have in obtaining mortgage modifications runs approximately 20%. Sometimes the best way to motivate a bank to provide you with a mortgage modification is to aggressively litigate the foreclosure case and let them know you are not going to take this matter lying down. Foreclosure defense lawyers utilize the mandatory foreclosure conference parts to press the financial institutions into providing the clients with reasonable mortgage modifications. The failure of a financial institution to negotiate in good faith can be used as a defense in the foreclosure lawsuit.

Walking Away From Your House

5. Your loan modification was denied, should you turn over your home to the bank?

False!

Approximately 80% of the people who apply for loan modifications don’t receive permanent loan modifications. This does not mean you are going to be forced out of your home in the near future. Sophisticated foreclosure defense law firms file answers with numerous affirmative defenses and a variety of countersuits against the financial institutions. They can also demand documents, records and other material from the banks which may be embarrassing or may show the banks have violated federal and state laws. This can put further pressure on financial institutions to grant the client’s mortgage modifications.

Facing Foreclosure: What Do You Do?

6. What should I really do if I am behind on my mortgage and facing foreclosure?

Simply stated, call us. The Law Offices of Schlissel DeCorpo have been helping New Yorkers fight foreclosures and stay in their homes for more than two decades. We have an unparalleled record of success. Our law firm is known to the bank attorneys, the court personnel, and the judges. Call us at 1-800-344-6431, 516-561-6645, or 718-350-2802 for a free consultation. We will keep you in your home!

Filed Under: Foreclosure, Foreclosure Defense Tagged With: defective foreclosure lawsuits, defective mortgages, foreclosure attorney, foreclosure defense attorneys, foreclosure proceedings, New York foreclosure attorney, New York foreclosure defense lawyers

Foreclosure Truths and Falsehoods – Part I

June 22, 2014 by Elliot S. Schlissel

Foreclosure Summons and Complaint

1. If you are served with a summons and complaint in a foreclosure case, all you have to do is later show up at court at the mandatory arbitration court conference. This is not true!

If you are served with a summons and complaint in a foreclosure lawsuit, you have 30 days to submit a written answer to opposing counsel and the court, if served by any other means than by personal service. If the summons and complaint is personally put in your hand, you have 20 days to submit a written answer. If you do not answer it, you are considered to have defaulted. In the event you default, the financial institution’s lawyers, can move forward with the foreclosure case without you participating in it.

Under the law that exists in New York today, you would still be eligible to appear in court at a mandatory foreclosure mediation conference. However, you shouldn’t get your hopes up real high of it being successful and obtaining a mortgage modification. 4 out of 5 people who apply for mortgage modifications are turned down. Even those who are accepted for temporary mortgage modifications should not start celebrating. More than half of the time after the temporary modification period is over, the banks reject entering into a permanent mortgage modification.

You Will Be Thrown Out Of Your House

2. If your house is foreclosed on, you will most likely be thrown out of it in the near future. This is not true!

The foreclosure process can be a long and arduous process. If a foreclosure proceeding is brought against you, you can fight the lawsuit. There are numerous federal and state statutes which protect consumers in foreclosure lawsuits. There are issues involving robo-signers, bad assignments, failure to serve appropriate documents, and failure to effectively plead the case, which can be used as defenses against banks. Banks can also be countersued in the foreclosure proceeding for their violating state and federal laws and for the failure to act appropriately. If served with a foreclosure lawsuit do not vacate your home! You can continue to live in your home. There are remedies available to you!

Filed Under: Foreclosure, Foreclosure Defense, Mortgage Modification Tagged With: defective foreclosure lawsuits, foreclosure attorney, foreclosure defense, mortgage modifications, New York foreclosure attorney

Wrongful Foreclosures

June 19, 2014 by Elliot S. Schlissel

There have been a significant number of lawsuits brought by attorney generals in states throughout the country as well as the federal attorney general’s office involving numerous financial institutions acting inappropriately with regard to foreclosure lawsuits. Lenders such as Bank of America, JP Morgan Chase, PNC Financial Services Group, Wells Fargo and GMAC mortgage company, have actually admitted to improprieties in the way these financial institutions handled the processing of foreclosure paperwork. These financial institutions and many others, including many mortgage servicing organizations, failed to verify the court documents they used to justify foreclosing on homes. In numerous situations, individuals referred to as “robo-signers” signed hundreds of documents which they did not read or were not familiar with. Far worse than that, many of these robo-signers were signing foreclosure documents for financial institutions they were not affiliated with.

Your Home

A family’s home is usually its most valued possession. No family should be forced from their home as a result of faulty bank practices. If your home has been foreclosed upon, is in the process of being foreclosed on, or is even being threatened with a foreclosure, it is important that you seek legal representation as soon as possible. There are numerous grounds to challenge foreclosures, numerous affirmative defenses, and potential lawsuits you may have available to you against the bank for financial damages. If you are the victim of a wrongful foreclosure lawsuit you owe it to yourself and your family to see to it your legal rights are protected.

Mortgage Servicing Companies

Many banks that make home loan mortgages do not service their loans. They either assign the loans to other financial institutions or they subcontract out the responsibilities to service the loans to mortgage servicing companies. Over the last 6 to 8 years, mortgage servicing companies have been overwhelmed with the large number of foreclosure cases they were required to service. Mortgage servicing is a high volume industry. The mortgage servicing companies sometimes hire employees with little formal training in handling these mortgages. In addition, many of them have inadequate supervision and have cut corners to make themselves more profitable. The unusually high number of mortgage defaults has added to this problem by overwhelming some of the mortgage servicing agencies. An example of the irregularities involved in servicing mortgages can be found with regard to Wells Fargo, one of the largest banks in the country, admitting to thousands of mistakes made in foreclosure documents. However, in spite of Wells Fargo’s admissions, they never took any action to stop those foreclosures based on mistakes and fraudulent documents from moving forward.

Robo-Signing

It was indicated earlier in this article the term robo-signer refers to individuals signing documents without authority and without reading these documents. During the course of depositions taken by foreclosure defense lawyers, some robo-signers have admitted to signing more than 10,000 foreclosure affidavits during a month. Most of these affidavits indicated the robo-signers actually personally reviewed the files and determined the paperwork they were signing was correct. During the course of depositions, these workers acknowledged there was virtually no time to even look at the files. They just simply signed the documents claiming to have reviewed files they never looked at.

Are You The Victim of Predatory Lending or
Improper Bank or Foreclosure Practices?

If you feel you are the victim of predatory lending or improper bank or foreclosure practices you should immediately retain a qualified law firm to investigate the situation. There are a variety of remedies available to you. You can even take legal action under certain limited circumstances to set the mortgage on your home aside. It may be that the mortgage loan against your home is unenforceable. If you feel you have grounds to challenge a mortgage or foreclosure practice, call our law firm for a free consultation. Our phones are monitored 24/7. We can be reached at 1-800-344-6431, 516-561-6645, or 718-350-2802.

Filed Under: Foreclosure, Foreclosure Defense Tagged With: defective foreclosure lawsuits, foreclosure, foreclosure proceedings, Mortgage Modifications attorney, New York foreclosure defense lawyers

Long Island Home Sales Going Down But Prices Going Up

June 17, 2014 by Elliot S. Schlissel

The number of homes that were sold on Long Island during April of 2014 went down in relation to April of 2013. The number of transactions were approximately 20% lower than it was for April of 2013. One of the reasons given for the reduction of home sales was the fact that it was a long, cold winter. Prospective homeowners were kept off the market by the problems caused by the weather.

Home Prices Go Up

Even though less homes were sold in April 2014 than in 2013, the median price for home sales in Nassau and Suffolk Counties went up. The median price for homes in Nassau County in April of 2014, was up almost 6% from 2013, with a price of approximately $410,000. In Suffolk County, the median home price was approximately $301,000, with an annual gain of only 0.07%.

Mary Ann Murphy, a broker with Call Murf Real Estate in Lindenhurst, has recently stated the areas on Long Island which were subject to being devastated by Superstorm Sandy have been seeing much more sales activity. Although these properties are selling at a discount, they are starting to move.

Real Estate Brokers Expect a Busy Summer Selling Season

Brokers are anticipating the market will rebound during the summer months this year. In both Nassau and Suffolk Counties, it still takes approximately a year for the average home to be sold. In a more balanced real estate market, there would only be a six month delay for the average home to be sold.

About the Author

Elliot S. Schlissel is an attorney with more than 45 years of experience representing homeowners regarding fighting foreclosure lawsuits, obtaining mortgage modifications, and protecting homeowners’ rights. He offers free consultations to prospective clients.

Filed Under: Foreclosure, Foreclosure Defense Tagged With: foreclosure attorney, mortgage modifications, real estate market

Buyout of Damaged Homes on Fire Island

History of Foreclosure Court Conferences

Hurricane Sandy Buyouts Moving Forward

Home Flipping in Nassau County, New York

The Effect of Bankruptcy on Foreclosure

Is Bankruptcy the Solution to Stopping Foreclosure Proceedings?

Foreclosure Truths and Falsehoods – Part II

Foreclosure Truths and Falsehoods – Part I

Wrongful Foreclosures

Long Island Home Sales Going Down But Prices Going Up

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