Homeowner Associations in Florida Are Foreclosing on Financial Institutions

foreclosures on long islandPayback Time in Florida

The State of Florida has one of the highest foreclosure rates in the country. It is estimated, approximately half a million homes have been sold by banks and other financial institutions in foreclosure proceedings.

Today, many homeowner associations and condo associations are bringing foreclosure proceedings against banks. These proceedings relate to banks failure to pay homeowner associations’ dues, real estate taxes and other expenses related to properties which have been repossessed by the financial institutions. When a financial institution takes title to a home in a foreclosure proceeding, they become responsible for taxes, homeowners association fees and all unpaid expenses related to the house for past years. So what are banks doing concerning the payments of these fees? They are ignoring them!

Homeowners Liening on Bank Owned Properties

Homeowner Associations are fighting back against banks in Florida. They are putting liens on the properties taken by the banks in foreclosure proceedings. Ben Solomon, a Miami based attorney, has filed more than 8000 liens on behalf of homeowners against properties owned by financial institutions. He has also brought more than 100 foreclosure cases against financial institutions.

Shortfall in the Finances of Condo Associations

Due to the high foreclosure rates in Florida, many condo associations are having financial difficulties. When people stop paying their mortgages, they also stop paying their condo association fees. This has a negative impact on all the other homeowners in the condo association. The reduced cash flow by the condo association has forced them to cut back on maintenance of their properties, security, beautification programs and other essential services that are necessary to maintain the lifestyle of the members of the condo association.

Most Banks Settle

Attorneys who have brought foreclosure proceedings against properties owned by financial institutions report when pressed, the financial institutions pay the back taxes, condo association fees and other expenses on the real estate.

Conclusion

When banks don’t pay their bills, go after them! Their pockets are deep and they usually come up with the cash!foreclosure advocate for homeowners

Mortgage Forgiveness Debt Relief Act of 2007 and the Fiscal Cliff – Part II

foreclosure assistance for long island homeowners600,000 Foreclosures a Year

Approximately 600,000 homes are foreclosed upon in the United States each year. In addition, there are tens of thousands of short sales taking place each and every year. It is also estimated, under the terms of the $25 billion foreclosure abuse settlement, approximately one million homeowners will have the principal amount of their mortgages reduced within the next few years. This means that there are virtually millions of Americans who will suffer increased income taxes related to losing their homes if the Mortgage Forgiveness Debt Relief Act of 2007 isn’t extended by Congress as part of some settlement concerning the fiscal cliff issues.

The Fiscal Cliff and the Real Estate Market

Most pundits point to a slow recovery in the residential housing market in the United States. However, fiscal cliff issues will have a negative impact on the housing market. The fiscal cliff and the housing crisis in the United States are major issues that must be considered by Congress and the President when resolving financial and tax issues.

Filing Bankruptcy

Let’s assume that the Mortgage Debt Forgiveness Act expires. Is there a way of avoiding income tax in the event of a short sale or foreclosure? The answer to this question is yes. If the individual files a Chapter 7 bankruptcy. If the debt is discharged in bankruptcy there will be no taxes due on the debt. Who can file for this type of bankruptcy? Individuals with debts that are greater than their assets or have negative cash flow.assistance for homeowners

Mortgage Forgiveness Debt Relief Act of 2007 and the Fiscal Cliff – Part I

foreclosure defense for homeownersThe 2007, Mortgage Forgiveness Debt Relief Act exempted homeowners from paying income taxes on any portion of their mortgage that is either forgiven in foreclosure, eliminated it in a short sale or reduced in a principal reduction agreement entered into between homeowners and the financial institution. This has been a tax break that has saved homeowners tens of thousands of dollars in Federal Income taxes. Most homeowners are unaware that any reduction in the amount of their mortgage would be considered income to them and taxable by the Internal Revenue Service.

Example

Let’s assume that you purchased a home for $350,000. Unfortunately, it goes into foreclosure. Let’s assume you took out a $300,000 mortgage on your home and at the time of the foreclosure sale, you owed $250,000. At the sale, the home sells for $100,000. Therefore, there would be $150,000 of your mortgage that would not be paid. Under the present law, the Mortgage Forgiveness Debt Relief Act of 2007, your financial obligations to pay income taxes on this $150,000 are eliminated. Once this statute expires, you would have to pay income taxes on the $150,000. Now let’s assume for purposes of this discussion your income tax rate was 30%. This would cause you to pay $45,000 in income taxes as a result of your home being sold in foreclosure. This would be a shock to most homeowners!helping homeowners stay in their homes

Celebrities Whose Homes Were Foreclosed

foreclosure attorneysCelebrities are among the four million Americans whose homes have been foreclosed on in the past five years. Being a celebrity allows you to accumulate large sums of money. However, being a celebrity doesn’t mean you have enough money to pay your bills. The following is a list of celebrities whose homes have been foreclosed on:

Chris Tucker

Chris Tucker is a comedian. He owned a property called Bella Collina in Lake County, Florida. SunTrust bank, in October of 2012, brought a foreclosure proceeding against Mr. Tucker. In this proceeding, the bank alleged that he owed $4.5 million. Mr. Tucker bought the house when the real estate market in Florida was still high. In the end, he was able to sell the house in a short sale. It has also been reported that Mr. Tucker is indebted to the IRS for $11.5 million related to back taxes.

Rhianna

Rhianna is a singer. She owns a home located at Janus Place in Beverly Hills, California. Her home is approximately 8500 square feet. She purchased the home for approximately 7 million dollars in 2009. Shortly after purchasing the house, there was a flood which caused “extensive damage” to the home. It had been listed for sale for $4.5 million. Rhianna has defaulted on making the payments on her mortgage. She has requested the home be sold in a short sale.

Burt Reynolds

Burt Reynolds owned a home in Hobe Sound, Florida. He was more than two years behind on his home payments. It is estimated that his mortgage payments were over a million dollars behind. He seeks to sell the home in a short sale for approximately five million dollars. It is estimated that he paid over $15 million for the house when the real estate market in Florida was much stronger. The house is a waterfront piece of property and has approximately 13,000 square feet of living space. In addition, he has a helipad and a docking area for his yacht.

About The Author

homeowner advocates on long islandElliot S. Schlissel, Esq. is an attorney with more than two decades of experience representing individuals whose homes have been foreclosed. He litigates cases involving mortgage fraud, robo-signers and fraudulent foreclosures.

Mortgage Relief From Foreclosure Abuses

Mortgage Relief From Foreclosure AbusesIn 2012, 309,000 Americans received mortgage for relief from their financial institution. As part of the landmark settlement over foreclosure abuses, $6.3 million was cut from homeowners’ mortgages in 2012. Each homeowner, who will receive mortgage relief, received approximately $85,000 in reductions in the amount they showed. Homeowners in New York State received approximately $625 million dollars in funds for mortgage relief. Over 7,000 New York homeowners benefited from these mortgage reduction packages.

The mortgage relief packages were part of a settlement of a lawsuit brought by the United States government and the Attorneys General in 49 states. The total settlement package was over $25 billion. The banks involved in the settlement were Ally Financial Inc., Bank of America Corp., JP Morgan Chase & Company, Citibank and Wells Fargo & Company. The lawsuits brought by the Federal government and the state Attorneys General dealt with problems caused by many financial institutions bringing foreclosure proceedings without properly investigating as to whether they had the appropriate documents to verify they were owed the money from the homeowners.

Unfortunately, there are an additional 11 million Americans who owe money to the financial institutions in amounts more than their homes are worth. All of these Americans have homes that are under water. There are 11 million homeowners also in need of help with their mortgages!

About The Author

foreclosure advocate for homeownersElliot S. Schlissel, Esq. is an attorney with more than 45 years of experience. He is a former president of the Commercial Lawyers Conference of New York, a regional bar association. He has been representing individuals regarding foreclosure defense, mortgage modifications and fraudulent mortgages for more than two decades.

Mortgage Relief

foreclosure defense on Long IslandIn 2012, 309,000 Americans received mortgage relief from their financial institution. As part of the landmark settlement over foreclosure abuses, $6.3 million was cut from homeowners’ mortgages in 2012. Each homeowner, who received mortgage relief, received approximately $85,000 in reductions in the amount they showed. Homeowners in New York State received approximately $625 million dollars in funds for mortgage relief. Over 7,000 New York homeowners benefited from these mortgage reduction packages.

The mortgage relief packages were part of the settlement of a lawsuit brought by the United States government and the Attorneys General in 49 states. The total settlement package was over $25 billion. The banks involved in the settlement were Ally Financial Inc., Bank of America Corp, JPMorgan Chase & Company, Citibank and Wells Fargo & Company. The lawsuits, brought by the Federal government and the state Attorneys General, dealt with problems caused by many financial institutions bringing foreclosure proceedings without properly investigating as to whether they had the appropriate documents to verify they were owed the money from the homeowners.

Unfortunately, there are an additional 11 million Americans who owe money to the financial institutions in amounts more than their homes are worth. All of these Americans have homes that are under water. There are 11 million homeowners also in need of help with their mortgages!

About The Author

helping homeowners stay in their homesElliot S. Schlissel, Esq. is an attorney with more than 45 years of experience. He is a former president of the Commercial Lawyers Conference of New York, a regional bar association. He has been representing individuals regarding foreclosure defense, mortgage modifications and fraudulent mortgages for more than two decades.

Home Sales Increasing

foreclosure assistance for homeownersDuring the last quarter of 2012, there was an increase in the number of homes that were sold. According to the National Association of Realtors, home sales rose by over 5% in October of 2012.

Slow Real Estate Recovery

The real estate market for single family homes is slowly recovering. Home builders are starting to construct more homes. It seems that more and more buyers are actively looking to purchase homes.

Hurricane Sandy Impact

Thousands of New Yorkers who lived on the shoreline in Brooklyn, Queens, Nassau and Suffolk counties had their homes damaged by Hurricane Sandy. Some of these homeowners have been forced to find alternate living arrangements until such time as their residences can be repaired. For a small percentage of these homeowners, their residences will never be able to be repaired. Should you rebuild your home when there is the potential that it could be wrecked again by a future hurricane?

Initially, Hurricane Sandy had a negative impact on home sales in the northeast area of the United States. Although sales of homes went down, the rental market has improved. Due to the increase of homeowners who are now homeless, the cost of renting homes or apartments has increased in most of the northeast.

Mortgage Rates

The Federal Reserve has kept mortgage rates very low for the purpose of stimulating the real estate market. These low mortgage rates are part of the motivation for prospective homeowners to buy new homes. For the past several quarters the number of homes on the market has slowly been reduced. Unfortunately, while the number of homes on the market for sale, by their owners has been decreasing, the number of homes in foreclosure has increased. These foreclosed homes are still creating a glut in the housing market.assisting homeowners on Long Island

Foreclosures In New York

foreclosure defense lawyerCurrently, there are approximately 80,000 foreclosure matters pending in New York State. In October 2012, one out of every 2,223 homes in the State of New York was in foreclosure according to Realtytrac. In the metropolitan New York area, there are tens of thousands of homes in foreclosure.

Foreclosed Homes Impact On Other Homeowners

When a home in a community goes into foreclosure, it has a negative impact on the other homes in the area. The property values of the homes in its vicinity are reduced. The foreclosed homes are taken into consideration by appraisers when determining the valuation of homes by looking at comparable properties in the locality. Homes sold in foreclosure are sold at lower values than homes sold in a traditional real estate transaction. The reduced sales prices of foreclosed homes has a negative impact on all the other homes in the area.

Banks Are Unwilling To Lend

The more homes in a given area that go into foreclosure, the more squeamish banks become with regard to making loans for the purchase of other homes in the area.

Foreclosures On Long Island, New York

There has been an uptick in the number of homes going into foreclosure in Nassau and Suffolk Counties in Long Island. As a result of the high volume of foreclosures, a foreclosure proceedings are taking the courts longer and longer to process. Foreclosures in New York are handled in the Supreme Court of the county in which the house is located. It currently takes about two years for a foreclosure to go from start to finish on Long Island.

New Requirements In Foreclosures

In all foreclosure actions, the courts now require a foreclosure court conference be held. At this conference, the attorney for the bank and the homeowner meet to discuss options with the court. This occurs in each and every residential foreclosure brought in New York. This must be completed to the Court’s satisfaction before the case can move forward.

Robo-Signers

Since 2010, the courts in New York are requiring the attorneys for the lending institutions to submit written verification of the accuracy of old documents filed with the courts. The purpose of this rule was to deal with the issues concerning “robo-signing” by individuals working for financial institutions.

Dealing With Foreclosure

The best way to deal with foreclosure is to hire an experienced foreclosure defense lawyer to provide you with an explanation of your options and of the appropriate legal action to take to protect your legal rights.homeowner advocates on long island

Home Prices Slowly Recover

foreclosure defense for homeownersCurrently, the housing market in the United States is in a recovery stage. However, this recovery is uneven and moving very slowly. The big issue Americans are facing, concerning the recovery of the housing market, is the “fiscal cliff”. If the Democrats and Republicans in Congress cannot reach a resolution that President Obama is satisfied with, there will be huge increases in taxes for the large majority of Americans. These tax increases will have a negative impact on the housing market and the slow moving recovery in real estate prices will be derailed. In addition, the country will most likely end up in another recession.

Fiscal Cliff

One aspect of the “fiscal cliff” is allowing the capital gains tax rate to go back up again from 15% to 20%. The second issue affecting the real estate market is the potential that Congress will put a cap on the Mortgage Interest Tax Deduction. The Mortgage Interest Tax Deduction has been, for many years, has been a tax break that encourages home ownership. If the Mortgage Interest Tax Deduction is capped, this will have a negative impact on purchases of higher end homes.

The Mortgage Debt Forgiveness Act of 2007 allows homeowners whose homes go into foreclosure, are subject to short sale or principal reduction from having to pay income taxes on the amount of debt that is forgiven. This also expires January 1, 2013, and is part of the “fiscal cliff” issue.

If the “fiscal cliff” is averted, it is expected that between June 1, 2013, and June 1, 2014, home prices will increase at a rate of approximately 3 1/2%.foreclosure advocate for homeowners

Foreclosure Rates Climb On Long Island

foreclosure defense for homeownersForeclosure filings rose by almost 20% in Nassau County in July of 2012. This took place even though foreclosure rates fell in this same month by 43% as compared with July of 2011.

Financial institutions were busy in Nassau County in July. They filed to 469 foreclosure cases. Many of the new foreclosure cases filed in Nassau County involved homes that are recent defaults in mortgage payments. During this same time, there were only 216 filings for foreclosure proceedings in Suffolk County.

Barry Smolowitz, the founder of the Suffolk County Pro Bono Foreclosure Settlement Project, recently stated Suffolk County has “a more decentralized” way of processing foreclosure court cases than Nassau. There are a larger number of judges hearing cases in Suffolk County then there are in Nassau. This has had an impact on the administrative process involving foreclosure cases in Suffolk County.”

David Schwartzberg, the foreclosure counsel to the Huntington based Advantage Title, recently stated the foreclosure process is “much more onerous” for banks than it used to be because there are much stricter Federal and State oversight and then there has been in the past.

Early in 2012, the nation’s five largest mortgage lenders reached a $25 billion dollar settlement with both Federal and State agencies dealing with alleged foreclosure improprieties.

Fewer Foreclosed Homes Being Listed For Sale

Real Estate brokers who handle the sales of foreclosed homes have indicated there are fewer foreclosed homes being listed for sale on the market in Long Island. John Fitzgerald, the President of Realty Connect USA, located in Suffolk County stated “we’ve seen a lot less foreclosed homes enter the marketplace then they have in the past.”assistance for homeowners facing bankruptcy

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