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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: , , , , , , , , ,

Minority Groups and Bankers Fight New Mortgage Loan Rules

July 11, 2011 by

There has been an odd alliance between the NAACP, the National Council of La Raza, a Latino Civil Rights Organization and the American Bankers Association. They all are fighting new rules which will make it more difficult for minority members to obtain home mortgage loans.

The New Rules Make Mortgages Unobtainable for Some

The mortgage crisis had a greater impact on minority homeowners and low income homeowners than the rest of the populous. They were more susceptible to predatory lending practices that involved subprime loans.

The new rules sought by bank and regulators would make it difficult for low income Americans and minority individuals to obtain new mortgages. David Stevens, the CEO of the Mortgage Bankers Association stated, “But now the risk is that we go too far the other way. We still need to be able to make affordable mortgages that don’t just go to the wealthy, who can afford the biggest down payments and who have the most positive credit ratings.” He made these comments based on his organization’s opposition to the requirement that all new prospective homeowners make a 20% down payment. The fact of the matter is that most families who seek to buy a home do not have 20% of the cost of the home to lay out as a down payment.

The re-writing of the mortgage rules requires a delicate balance. During the hay day of the easy mortgages, the subprime crisis was created. We are still dealing with the aftermath of this crisis. Looking forward to home ownership is still, for many, the American dream. The rules in connection with obtaining new mortgages have to be fair and reasonable, and they should not encourage families to purchase homes they can’t afford; however, these rules should not make it impossible for low income families to obtain mortgages.

Foreclosure Defense and Bankruptcy Lawyers

We are foreclosure defense lawyers. We help homeowners stay in their homes, even when they’re in foreclosure. We assist homeowners with mortgage modifications and mortgage modification programs that fail to meet their needs.

We litigate predatory lending issues, defective foreclosure lawsuits, defective mortgages and issues involving federal laws and foreclosure. We attend foreclosure court conferences on behalf of our clients. We discuss foreclosure related bankruptcy issues.

In the appropriate circumstances, we file Chapter 7 and Chapter 13 bankruptcieson behalf of our clients. We discuss with our clients why bankruptcy filings will be helpful to them and the types of bankruptcies available to them. Filing bankruptcy can stop foreclosures from moving forward and stop debt collection from collection agencies and collection lawyers. At the end of the bankruptcies, we can help our client in re-establishing credit. We appreciate your spending time on our foreclosure blog.

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

Sarah Palin Buys Foreclosed Home in Arizona

July 9, 2011 by

Sarah Palin can be added to the long list of mortgage fraud victims! Palin bought a home in Scottsdale, Arizona, for 1.7 million dollars. She recently found out that her title to the home may be invalid.

Robo-signers

The robo-signer scandal involved banking institutions and mortgage companies that took title to homes without having the proper documentation. The five bedroom home bought by a company Sarah Palin had an interest in was acquired by the mortgage company through fraudulent or tainted documents. A close examination of the title documents to the property have revealed there were two fraudulent signatures involved in re-financing and foreclosure transactions with regard to this parcel of property. These two questionable issues concerning the property have raised the prospect that the mortgage company that sold the property to Sarah Palin didn’t have good title to the property. It is expected that there will be significant litigation, that will take years to straighten out, as to whether Sarah really is the owner of this property.

Conclusion

When you buy a foreclosed property, make sure you obtain title insurance. If you cannot get title insurance on the property, you are taking the risk that the property you thought you owned is owned by someone else!

Foreclosure Defense In New York

If your house is in foreclosure, we can help you. We’ve been fighting foreclosuresfor more than two decades. We litigate defective mortgages, defective foreclosure lawsuits, predatory lending, violations of federal laws and other real estate issues. We can help you obtain mortgage modifications and we can counsel you concerning mortgage modification programs that fail to meet your needs.

We also assist our clients with foreclosure related bankruptcies. These bankruptcies can either be a Chapter 7 or Chapter 13 bankruptcy. We will explain to you why filing bankruptcy may be the best route to deal with your foreclosure issues and the types of bankruptcies that are available to you. Filing the bankruptcy stops foreclosure proceedings from moving forward. It also stops other debt collection activities involving credit cards and other debts.

Feel free to schedule a free consultation. We will explain your foreclosure optionsto you. Thank you for visiting our foreclosure blog.

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

Neighborhoods Affect Home Values

July 8, 2011 by

Home buyers will pay premiums for homes they perceive are located in country club communities. Subdivisions with attractive names such as pleasant, acres, hills, estates and heights are utilized by real estate professionals to motivate homeowners to purchase in these communities. The naming of a neighborhood is now a major consideration in the marketing of homes.

Investigate Before You Buy

Just because a subdivision or neighborhood has a fancy, slick name does not mean it is a fancy or attractive neighborhood. Before purchasing a home, you should look into the infrastructure of the area. Schools, parks, recreational facilities, senior facilities, crime in the area and services provided the local communities are significant issues to be investigated prior to purchasing a home. Due diligence requires that you investigate in detail before you purchase a home. Drive around the neighborhood. Talk to neighbors. Come to the area at various times of day or night. See how far the schools are from your home. Check with the various rating services as to the quality of the schools. Look into criminal statistics for crimes in the area. Look carefully before you leap when you buy a new home!

Defending Foreclosure Proceedings

The Law Offices of Schlissel DeCorpo handles foreclosure defense for homeowners. We litigate all aspects of foreclosure proceedingsincluding, 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, Mortgage Modification Tagged With: , , , , , , , ,

The Economy is Starting to Recover, but not for Home Builders

July 7, 2011 by

One of the most severely impacted industries in the United States has been the home construction industry. Stocks on the various stock exchanges have been recovering. Consumers have started to spend for consumer related items in stores. However, home builders have seen no recovery in their industry.

Foreclosures Flood the Market with Homes

There is a glut of homes on the real estate market for sale today. A significant amount of these homes have been taken back by financial institutions as a result of foreclosures. New home sales continue to slump. The huge number of foreclosed homes in the market place that are waiting to be sold have brought down the price of homes.

Home Builders Barely Holding On

New construction of single family homes has undergone a recession for more than six years. The few remaining home builders that have not filed for bankruptcy or gone out of business are barely holding on.

Higher Commodity Prices

In addition to the lack of consumer demand for new homes and the glut of foreclosed homes on the housing market, the cost of new materials has also been a negative factor for new home construction. Commodity prices of every type of building material have been increasing. All commodities must travel by truck to reach stores. The cost of gasoline acts as a tax on all commodities, causing their prices to go up.

Most home builders have scaled down their projects, reduced their employees and cut their costs. Instead of building new homes, the large majority of these small and mid- sized contractors are now involved in home remodeling. Instead of building a new house, they now redo the kitchens and bathrooms.

New York Foreclosure Defense

We can keep you in your home if it is foreclosed upon. The banks fear our law firm. The dozens of cases in which we have kept home owners in their homes for many years are a testament to our expertise in handling foreclosure defense matters.

We litigate all types of foreclosure related matters including, but not limited to, truth in lending violations, defective mortgages, bad faith, violation of federal and state laws, inadequate documentation of the foreclosures, failure to file the appropriate documents with the county clerks office, defective foreclosure lawsuits, predatory lending and other real estate related matters. We attend foreclosure court conferences for our clients. We utilize the court legal system and try to motivate the financial institutions to provide our clients with mortgage modifications.

In some circumstances, we file Chapter 7 and Chapter 13 bankruptcies on behalf of our clients. Foreclosure related bankruptcy filings result in automatic stays from the bankruptcy court, which stop foreclosure proceedings from moving forward. In addition, the filing of a bankruptcy can eliminate credit card debt and sometimes eliminates second mortgages. We also help our clients in re-establishing their credit after they file bankruptcy.

Feel free to contact us. We will provide you with a free consultation and discuss your foreclosure options. Thank you for stopping at our foreclosure defense blog.

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

Renting an Apartment

July 6, 2011 by

Do you seek to rent an apartment? Has your house been foreclosed upon, or are you just looking to move out of your home?

Credit Issues

Most landlords do credit checks before renting an apartment. If you have bad credit, renting an apartment may be difficult for you. If your home has been foreclosed upon, your previous good credit may have been ruined by the financial institution bringing the foreclosure proceeding. If your credit rating is low, you may need to have a friend, family member or relative co-sign the lease for you.

Finding Apartments Online

Prior to the internet, most apartments were found either in the newspapers or by word of mouth. With the advent of the internet, the easiest way to find a new apartment is to go on one of the many websites that list apartments to be rented. While sitting at your computer, in your home, you can find much more about an apartment today than previous generations could. There are various services that can be utilized to find prospective apartments. Apartmentrating.com and Apartmentsearch.com are two of these services. These services include information with regard to the availability of rental apartments, the cost of the apartments, the cost of the utilities to maintain the apartments and other issues, such as whether the apartments will accept pets.

Deposits

Landlords like deposits. If you find an apartment you like but you’re not sure you want to rent it, a way of reserving it with the landlord will be to offer the landlord a deposit. Landlords take tenants much more seriously when they are prepared to put a deposit down on an apartment.

Good Luck

If you’re renting an apartment, we wish you good luck. Unfortunately, there are unforeseen problems that are not always discovered until after you rent. These can involve unruly and noisy neighbors, cockroaches, bed bugs, and the failure of a landlord to properly maintain the apartment after you rent it. So, luck is a factor in apartment rentals!

Lawyers Who Help Deal With Foreclosures

The Law Offices of Schlissel DeCorpo handles foreclosure defense lawsuits throughout the metropolitan New York area. We have more than two decades of experience in successfully defending foreclosure proceedings. We litigate bad faith issues, predatory lending issues, defective mortgages, defective foreclosure lawsuits and all other types of real estate related matters. We attend foreclosure court conferences on behalf of our clients. We assist our clients with mortgage modification applications and we help them deal with mortgage modification programs that fail to meet their needs. At the time of the initial interview, we discuss all types of foreclosure options with our clients.

In some situations, the best means to deal with the foreclosure is to file a foreclosure related bankruptcy. Bankruptcies not only stop foreclosures from moving forward, they eliminate other types of debt such as credit card problems. Chapter 7 and Chapter 13 bankruptcies are both available to consumers whose homes are in foreclosure. The bankruptcies can also be utilized, in some situations, to eliminate second mortgages. At the end of the bankruptcy, we assist our clients in re-establishing their credit. Come in to our office to discuss the type of bankruptcy that would help you. We appreciate your spending time on our foreclosure defense blog.

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

Foreclosure Lawyers

July 1, 2011 by

New Home Sales

The good news is that the sale of new homes in April of 2011 was up. The bad news is, if new home sales continue at their current pace for the rest of 2011, it will be the worst year for new home sales since records started to be kept more than fifty years ago!

There were 303,000 new home sales in the United States in April of 2011. This was an increase of 3,000 more sales from the 300,000 sales that took place in March of 2011. Overall, economists forecast that there will be 700,000 fewer home sales in the United States this year than will be necessary for the real estate industry to recover.

Demotivated Purchasers

Buyers are not buying new homes. They feel they are too expensive. The high foreclosure rate and the glut of homes already on the market make it more reasonable for a purchaser to buy an existing home instead of a new home. 2011 looks to be the fifth year in a row that showed a decline in new home sales.

The medium price for a new home today is $214,000. This is the same price that it would have cost you to buy that home in 2004. New homes sales in the United States account for approximately a quarter of the real estate market. However, new homes sales have a much greater impact on the overall economy. Every time a new home is built it creates three new jobs. New homes have an impact of more than $90,000 on the local tax rates in their community. When purchasers buy a new home, they also generally buy other items related to their home, such as furniture and appliances.

Home Builders in Trouble

Home contractors have been waiting for years for the economy to improve. They are afraid to build spec houses in a negative economic environment. They don’t want to be stuck with them, as their value continues to erode. Unfortunately, the 1.2 million foreclosures that are anticipated to take place in 2012 will further glut the real estate market and have a continuing long term negative impact on the home building industry in the United States!

Foreclosure

The Law Offices of Schlissel DeCorpo handles foreclosure defense for homeowners. 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, Mortgage Modification Tagged With: , , , , , , , , , , ,

Buying a Home in a Distressed Market

June 29, 2011 by

Adam Letman Bailey is the author of “Finding the Uncommon Deal.” It is his belief that this is the best time to buy a home. Adam believes that the key to finding a good deal regarding the purchase of a home is to have the right information. In his book, “Finding the Uncommon Deal”, he talks about becoming an expert regarding the circumstances involved in your local real estate market.

He makes three specific recommendations: 1) Limit the geographic area in which you’re looking to buy a home; 2) For a short period of time, look intensely at that local market place; and 3) Look at as many properties as humanly possible.

Developing Your Own Expertise

Adam, in his book, suggests you develop your own expertise as to what is a good value in your local market place. For you to spot a bargain, you need to know what constitutes a bargain. He strongly suggests you limit your foray into the real estate market in to one or two local areas.

Distressed Properties

Adam suggests that if you’re considering buying a distressed property, contact the bank directly. See if they will talk to you and provide you with financing to buy a home they took back in foreclosure.

Credit Scores

Before even looking for a home, Adam suggests that you research your credit score. If you’re credit score is not up to par, it is important that you rehabilitate your credit score before applying for a mortgage.

Adam’s book suggests that the real estate market of foreclosed homes represents a unique buying opportunity for prospective homeowners. He believes you can buy homes for speculation and make huge profits or simply buy the home of your dreams at an extremely reasonable price.

Adam makes it clear that he does not believe the real estate market will come back for a long time. He advises in his book that if you buy a home, plan on living there for a minimum of seven years. He believes that real estate prices may continue to drop for several more years before they recover.

Foreclosure Defense

We are foreclosure defense lawyers. We help homeowners stay in their homes, even when they’re in foreclosure. We assist homeowners with mortgage modifications and mortgage modification programs that fail to meet their needs.

We litigate predatory lending issues, defective foreclosure lawsuits, defective mortgages and issues involving federal laws and foreclosure. We attend foreclosure court conferences on behalf of our clients. We discuss foreclosure related bankruptcy issues.

In the appropriate circumstances, we file Chapter 7 and Chapter 13 bankruptcies on behalf of our clients. We discuss with our clients why bankruptcy filings will be helpful to them and the types of bankruptcies available to them. Filing bankruptcy can stop foreclosures from moving forward and stop debt collection from collection agencies and collection lawyers. At the end of the bankruptcies, we can help our client in re-establishing credit. We appreciate your spending time on our foreclosure blog.

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

What Factors Can Positively Impact The Value of Your Home?

June 28, 2011 by

Impact The Value Of Your HomeFamilies with children look for good school districts. Most families want their children to be educated in the district that has the best reputation. Issues concerning the safety of the school district, college attendance of the school district, the quality of the internal structure of the schools, the reputation of the teachers in the schools and the overall feeling the family gets from speaking to real estate professionals and other individuals in the community concerning the schools plays a significant part in what families with children look for in a new home.

Commuting Distance

Men and women in Metropolitan areas, moving out of the inter-city, want to live in a suburban environment, but they do not want to travel too far to work. The time and distance involved in driving to and from a home to the prospective purchaser’s place of business has a major impact on where they will look to buy a home.

Price

The most important factor perspective purchasers will look at when buying a home is obviously its price! If the home is reasonably priced for the area, it is more likely to sell. Purchasers are looking for bargains. They’re aware of the glut of homes in the real estate market and if they buy in today’s market, they want to get what they want at bargain prices.

Local Relatives

In many families today, both the father and the mother work outside of the household. It therefore is important that they have a support system in their community. Having relatives or close friends in their local community gives them a support system, which makes it easier for the man and woman to work during the day.

Parks

Parks create green havens in a community. These green havens provide public space for families to utilize for recreation and social purposes. New home purchasers often drive around their community and are affirmatively impacted by attractive parks.

Bodies of Water

Many prospective homeowners would like to live on or near bodies of water. The body of water can be a river, lake or pond. Blue water in the distance creates a scenic look and recreational activities related to swimming, boating and water sports.

Americans want value when they purchase a new home. What is considered value in their local community is in the eye of the beholder.

Stop Foreclosure Now

The attorneys at the Law Offices of Schlissel DeCorpo handle foreclosure defense and other real estate related legal matters. They litigate defective foreclosure lawsuits and predatory lending issues, as well as defective mortgages. They are knowledgeable concerning the federal laws that deal with foreclosure. They attend foreclosure court conferences on behalf of their clients. The also assist their clients with mortgage modification applications.

Bankruptcy and Foreclosure

Filing either a Chapter 7 or a Chapter 13 bankruptcy stops foreclosure in its tracks. These bankruptcies award the homeowners with an automatic stay that not only stops foreclosure litigation, but also stops all other types of debt collection activity. At the end of the foreclosure proceeding, credit can be re-established and, in some situations, second mortgages can be eliminated by filing bankruptcy.

Call for a free consultation. At our initial meeting, with you we will discuss all foreclosure options. This is the Elliot Schlissel, Esq. foreclosure defense blog.

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

A Generation of Renters

June 27, 2011 by

rentShould you buy a house or rent an apartment? As long as home values continue to decline, owning a home is a bad investment. If you rent, you have no responsibility for the apartment other than paying your monthly rental bill.

Home Ownership Declines in the United States

Home ownership has been declining the Unites States for the past few years. Home ownership is currently at its lowest rate since 1978. Approximately 38 million households in the United States are renters. While the building of new single family homes has dried up, apartment construction in the United States is now up 115% from its low in October of 2009.

Permits for new apartments hit a two year high in March of 2011. Compared to the number of permits applied for by construction companies for single family homes, there is a drastic difference. Permits for single family homes in 2011 are at their lowest point since 1960.

Rents Going Up

Since more and more families are seeking to rent, it has had an impact on the cost of renting. Rental rates are going up throughout the United States. There was over a 4% increase in rents between 2009 and 2010. Increasing rents is the result of the change in American attitudes. The American dream of owning a home is no longer held in such high esteem by young adults.

Many young Americans are concerned about the risk of home ownership. They see how home values have been going down for the past five years. They are concerned about making an investment of their valuable assets in a declining real estate market.

Harder To Buy A Home

Although homes have come down in value for the past five years, it is still difficult for young people to purchase a home. Banks now require larger down payments. Credit applications are underwritten more carefully and credit has become tighter. Many young Americans look at home ownership not as an investment, but as a financial burden.

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Foreclosure Defense Lawyer

If you own a home that is in foreclosure, we can keep you in your home! The Law Offices of Schlissel DeCorpo is one of the premier foreclosure defense law firms in the country. We litigate all aspects of foreclosure proceedings, including defective mortgages, predatory lending, defective foreclosure lawsuits, issues involving robo signers, and other real estate related issues. We attend foreclosure court conferences on behalf of our clients and we seek to motivate financial institutions to give our clients mortgage modifications. We are adept at dealing with mortgage modification programs that fail to meet our clients’ needs.

In certain situations, foreclosure related bankruptcies may be the answer to the foreclosure proceeding. In those situations, we discuss various types of bankruptcies that are available to our clients. These usually involve either Chapter 7 or Chapter 13 bankruptcies. The filing of the bankruptcy in a Federal Bankruptcy Court automatically stops the foreclosure proceeding from moving forward. In some situations, the filing of the bankruptcy can also be used to eliminate a second mortgage on a home. At the end of the bankruptcy, we can assist our clients in re-establishing their credit.

Call us! At your initial free consultation, we will discuss all of your foreclosure options. We appreciate you visiting 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.