New York Foreclosure Law Firm Fined Two Million Dollars

New York Foreclosure Law FirmSteven J. Baum, P.C. of Amhearst, New York, has been fined two million dollars for inappropriate foreclosure legal practices. Steven J. Baum, P.C. is the largest foreclosure law firm in the state of New York. Steven J. Baum, P.C. has agreed, in addition to paying the two million dollar fine, to re-vamp its practices with regard to the handling of pleadings, affidavits and mortgage assignments in New York State and Federal Courts.The Law Firm has agreed to implement a variety of internal controls regarding its processing and handling of foreclosure proceedings. They have agreed to review original promissory notes received from their clients or custodians of the notes, prior to filing new foreclosure lawsuits. These actions will bring the firm in compliance with the order issued by Chief Judge Jonathan Lipman, regarding attorneys representing lending institutions.

Mortgage Foreclosure Proceedings

US Attorney Preet Bharara, from the Southern District of New York, stated, with regard to settlements in mortgage foreclosure proceedings, that there are “no excuses for sloppy practices that could lead to someone mistakenly losing their home.” She stated further that “homeowners facing foreclosure cannot afford to have faulty paperwork or inadequate evidence submitted and today’s agreement will help minimize that risk.”

Baum Law Firm Released from Civil Liability

The Baum Law Firm, upon payment of the two million dollar fine and the imposition of new internal procedures will be released from potential civil liability under the Financial Institutions Reform, Recovery and Enforcement Act of 1989. The Baum Law Firm

“acknowledges that it occasionally made inadvertent errors in its legal filings in state and federal Courts, which it attributes to human error in light of the high volume of mortgages and foreclosures it handled throughout the state of New York in the wake of the national subprime mortgage crisis.”It should be noted that this is a settlement. It is not a finding of wrongdoing by the Baum Foreclosure Law Firm. The Baum Law Firm has also agreed to have experienced attorneys supervising all aspects of the preparation of documents and reviewing of documents before they are filed with the courts. In addition, they are implementing a one to two-year training program for their attorneys to bring them in compliance with the rules regarding bringing foreclosure proceedings in the state of New York.

Hopefully, this law firm will live up to its responsibilities in dealing with foreclosure proceedings. Taking from a family, its home and putting them on the street is a sad end to the American dream. These proceedings should be handled in a manner that protects the homeowner’s rights and sees to it that homes aren’t wrongly foreclosed upon.

Foreclosure Defense Attorneys

We can fight your foreclosure. We litigate predatory lending issues, defective foreclosure lawsuits, and defective mortgages. We attend foreclosure court conferences for our clients. We draft mortgage modifications and deal with mortgage modification programs that fail to meet our clients needs.

We also litigate foreclosure related bankruptcies, whether they’re a Chapter 7 bankruptcy or Chapter 13 bankruptcy. We also assist our clients in re-establishing credit after filing a bankruptcy. We can help stop your foreclosure from moving forward! Call us and we will provide you with a free consultation. We will discuss all of your foreclosure options.

Foreclosure and Continuing to Live in the House for Years

Foreclosure And Continuing To Live In The House For YearsThousands of American families have stopped making their mortgage payments, their houses have gone into foreclosure and they’re living in their homes for years without making mortgage payments. Approximately four and a half million American homes are behind on their mortgage payments or have foreclosure actions pending against them. In two-thirds of these cases, the homeowners continue to live in their homes, with their families, without making any payments towards their mortgage. Many of these families have been living in their homes for more than a year and approximately one-third of the families have been living in their homes for more than two years, without making mortgage payments.

Foreclosures Move Slowly Through the Courts

In virtually all fifty states, the courts have been inundated with foreclosure proceedings. At a time of economic turmoil throughout the country, additional judges and resources have generally not been allocated to deal with the foreclosure crisis. This means that cases sit idle in the courts for long periods of time before the foreclosure actions are completed. It is estimated that it takes approximately a little more than a year and a half for the average foreclosure case in the United States to make it’s way through the courts. In the State of New York, in cases handled by my office, it generally takes three to five years for the cases to proceed through the courts.

Evictions After Foreclosure

Even if your home is foreclosed on and eventually sold years later at auction, you can still continue to stay in your home. At the end of a foreclosure sale, should someone buy your home, whether it be the bank or a third party, and they seek to remove you from your residence, they have to bring an eviction proceeding. Eviction proceedings are brought in landlord/tenant courts. These proceedings are separate and distinct from the foreclosure actions. There are additional calendar delays in these eviction proceedings. Most take anywhere from two to four months.

Foreclosure Defense Lawyer

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 conferencesfor 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. You can reach us at 1-800-344-6431, 516-561-6645 or 718-350-2802. We look forward to seeing you again on our foreclosure blog.

Analyzing Mortgage Applications

How large a mortgage can you afford? The size of a mortgage you can qualify to obtain will determine how much you can spend on purchasing a home. There are a variety of different factors looked at by banks when analyzing mortgage applications.

Debt – to – income Ratios

What is a debt to income ratio? There are two types of debt to income ratios. A front – end debt to income ratio and a back – end debt to income ratio. The front – end and back – end debt to income ratios are utilized by mortgage lenders during the mortgage application process. A front – end debt to income ratio is in reality a housing expense calculation. The theory is how much of an individual’s or family’s gross (pre tax) income can be utilized to make mortgage payments on a monthly basis. This front – end debt to income ratio usually runs between 28% and 33% of an individual’s or family’s income. This means that the financial institution will not approve your mortgage application if your debt to income ratio goes beyond the financial institution’s guide lines. This specifically applies to conventional loans and Federal Housing Authority (FHA) loans.

Back-end Debt to Earnings Ratio

The back – end debt to earning ratio is the percentage of you or your family’s gross (pretax) monthly income that will be utilized for debt service for your financial obligations. Financial obligations include your proposed mortgage, credit card bills, car loans, child support, and all other types of financial indebtedness in this ratio. The back – end debt to income ratio utilized by financial institutions in their mortgage underwriting process is usually between 36% and 40% of your gross monthly income. This means if your proposed new mortgage and other debts are more than 40% of your gross income, you will most likely get turned down for your mortgage application. In situations where there are assets in the bank and very high credit scores, financial institutions have been going as high as 48% on the back – end debt to income ratio.

Before you submit a mortgage application, you should calculate your front – end and back – end debt to earnings income ratios. This will give you a better idea as to whether you will qualify for the mortgage you are applying for.

Foreclosure Defense Lawyers

First you get the loan, then you start making payments to the loan. But what happens if your financial situation changes? If you lose your job, become disabled, are downsized or have other financial problems, you may find yourself in a foreclosure situation. Do not dispair. The Law Offices of Schlissel DeCorpo has been helping families deal with foreclosure problems for the last 45 years.

We provide all aspects of foreclosure defense. We attend foreclosure court conferences on behalf of our clients. We litigate issues such as defective foreclosure lawsuits, predatory lending, defective mortgages and other significant real estate related defenses. We’ve developed an expertise concerning federal laws and foreclosure.

We can also help you deal with foreclosure-related bankruptcy issues. Filing either a Chapter 7 or a Chapter 13 bankruptcy may be necessary to deal with the foreclosure on your home. If you file bankruptcy, you can eliminate second mortgages in some situations, stop foreclosure, stop other debt collections practices and at the end of the bankruptcy, action can be taken to re-establish your credit. Feel free to call us for a consulation. Our phone numbers are 1-800-344-6431, 516-561-6645 or 718-350- 2802. Thank you for visiting our foreclosure defense blog.

Federal Housing Finance Agency to Sue Large Banks

Fannie Mae and Freddie Mac are overseen by the Federal Housing Finance Agency. This agency is moving forward to sue more than a dozen of the largest banks in the country. The banks allegedly misrepresented information concerning mortgage securities they had sold during the course of the housing bubble. The lawsuit seeks several billion dollars in compensation. It is estimated that Fannie Mae and Freddie Mac lost in excess of 30 billion dollars during the real estate bubble.

Attorney General Negotiating Settlement

In addition to this lawsuit, all 50 State Attorney Generals are in the process of negotiating a settlement that deals with the abuses of the large banks, including Bank of America, JP Morgan and Citibank, with regard to the mortgage process. It is anticipated the banks will pay in excess of 20 billion dollars in fines and penalties as a result of the negotiations with the Attorney General.

American International Group (AIG) Lawsuit

American International Group has brought litigation against Country Wide Financial, Bank of America and Merrill Lynch. They claim they misrepresented information concerning mortgage backed securities.

Foreclosure Defense

If you are a victim of the mortgage crisis in America, we can help you. We 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 alsostop 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.

California Takes a Tough Stand on Improper Mortgage Practices

Stand On Improper Mortgage PracticesThe Attorney Generals from all 50 states, as well as the Federal Government, have been in negotiations with large financial institutions over their improper and fraudulent mortgage practices. The Justice Department has been trying to work out a settlement with these institutions for almost a year. California is one of the states that has large numbers of homeowners who have had financial problems related to the collapse of the housing market in the United States.

Kamala D. Harris, the Attorney General for the state of California, has pulled out of negotiations with the 49 other states and the Justice Department. She claims that the proposals being circulated to settle with the large banks are inadequate for California homeowners. Although billions of dollars in penalties are being discussed, she feels this would still be inadequate to deal with the problems the large financial institutions have caused California residents.

New York Attorney General With Settlement Proposals

Eric T. Schneiderman, the Attorney General for the State of New York, has been removed from the committee negotiating with the large banks. He was removed from this committee because he was critical of the deals being circulated to settle with the banks. He has recently stated he hopes a resolution can be worked out. It is extremely unlikely that there will be an overall settlement unless California comes back to the negotiating table. “The banks aren’t going to be interested in settling unless it removes future liabilities”, were remarks made by Jeffrey Harte, a bank analyist who works with Sanderler O’Neil.

High Foreclosure Rates in California

Even if there is a settlement, the monies received as part of the settlement would be distributed among the 50 states. California, being one of the hardest hit states, would want a significant portion of the settlement funds. Mrs. Harris has pointed out that during the one year of discussions with the banks, more than five hundred thousand homes in the State of California have gone into foreclosure. California now has eight cities listed among the top ten highest foreclosure rates in the United States.

Foreclosure Legal Help

Are you facing foreclosure? Have you applied for a mortgage modification and been rejected? Have you been served with a summons and complaint in a foreclosure proceeding? If you answer is yes to any of the above questions, you need an experienced, dedicated foreclosure defense lawyer. The foreclosure defense lawyers at the Law Offices of Schlissel DeCorpo have more than 45 years of experience in dealing with foreclosure related problems. We attend foreclosure court conferences on behalf of our clients. We litigate issues such as defective foreclosure lawsuits, predatory lending, defective mortgages and other significant real estate related defenses. We’ve developed an expertise concerning federal laws and foreclosure.

Bankruptcy Lawyers

We can also help you deal with foreclosure-related bankruptcy issues. Filing either a Chapter 7 or a Chapter 13 bankruptcy may be necessary to deal with the foreclosure on your home. If you file bankruptcy, you can eliminate second mortgages in some situations, stop foreclosure, stop other debt collections practices and at the end of the bankruptcy, action can be taken to re-establish your credit. Feel free to call us for a consulation. Our phone numbers are 1-800-344-6431, 516-561-6645 or 718-350- 2802. Thank you for visiting our foreclosure defense blog.

Credit Reports: What You Need to Know

creditForeclosures, bankruptcies, and losses by credit card companies for non-payment of your bills will have an obvious negative impact on your credit score. There are numerous other matters that are taken into consideration by credit agencies concerning credit scores.

Making Minimum Payments on Your Bills

Creditors make a lot of money from consumers who make minimum payments on their credit card bills. However, making minimum payments can have a negative impact on your credit score. Nessa Fedis, the Vice President of The American Bankers Association, states “it suggests you’re under financial stress.” Try to pay more than the minimum amount on your credit card bills. Minimum payments can be interpreted that you’re in financial difficulty.

Co-signing

A friend, family member or child may require you to guarantee their debt. When you co-sign for their debt, their entire debt appears on your credit report. The debt will be considered yours. If the primary obligore under the agreement misses payments or makes late payments, it will have a negative affect on the credit score of the co-signer.

Short Sale of Real Estate

A short sale takes place when the bank agrees to allow the sale of a residence they have a mortgage on for less than the amount due and owing on the mortgage. This causes the financial institution to lose money. This will have a negative impact on your credit score. You should negotiate with the lender prior to the short sale. It is important you request that the lender not report that you paid less than the balance due and owing to the credit agency. If they report to the credit agency that you paid less than the balance due on the note and mortgage, it will have a significant negative impact on your credit score.

Numerous Inquires

When you apply for credit with a lender or other institution, an inquiry is made against your credit report. When the credit agency sees numerous inquiries, your credit score is impacted in a negative manner.

Having good credit is important if you seek to buy a house, obtain credit cards, lease a car or engage in other financial transactions.

foreForeclosure and Bankruptcy

Foreclosure and bankruptcy have a significant negative impact on credit scoring. Bankruptcy can act as an escape valve to prevent the loss of a home, stop foreclosure, eliminate a second mortgage and stop debt collection harassment. Your credit can be re-established after filing either a Chapter 7 or a Chapter 13 bankruptcy One bankruptcy myth is that you will never receive credit again after filing bankruptcy. This is simply untrue.

Should you have questions or issues concerning your financial situation or are considering filing for bankruptcy, feel free to call the Law Offices of Schlissel DeCorpo. We’ve been helping our clients for more than 45 years deal with foreclosure defense and bankruptcy matters. We can be reached at 1-80–344-6431, 516-561-6645 or 718-350- 2802.

Home Builders Assessment of Real Estate Industry is Full of Gloom

The real estate industry in the United States is doing poorly. Home builders are pessimistic with regard to the housing market in the United States. The National Association of Home Builders has recently put out an announcement that the sentiment among home builders in August of 2011 is extremely negative.

In 2011, the number of new homes built in the United States fell to its lowest level since records were maintained. Home builders cannot compete with the glut of foreclosed homes on the real estate market. It is less expensive to buy a home that was taken over by a bank in foreclosure than to build a new home. Homeowners who want to sell their existing homes and buy a new home cannot find buyers for their existing homes.

Although the sale of newly built homes is a very small portion of the real estate market, it has an significant impact in the economy in local areas. Three jobs are created for each new home being built for a period of one year. In addition, each new home built generates approximately $100,000 in real estate taxes.

Dave Crowe, an economist working with the National Association of Home Builders stated that the weakening of the U.S. economy, coupled with the high unemployment, is having a devastating effect on the marketplace for new home purchasers. The record low interest rates have not been enough to simulate the market place for the building of new homes.

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 conferencesfor 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 andChapter 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.

Prosecutors Discuss Settlement of Lawsuit Over Bank Mortgage Abuses

Federal and State prosecutors are in the process of working out a settlement with the five largest loan companies in the United States over their mortgage abuses. The discussions are centered around a settlement of approximately 30 billion dollars. As part of the settlement, the financial institutions will have to provide detailed assurances that they will establish and comply with better banking practices in the future. Negotiators are meeting in August in Washington, D.C. to try to work out a settlement.

Is Prosecution More Appropriate Than Settlement?

There are many families and individuals who lost their homes due to the mortgage crisis which was created by bank abuses. Many of those affected feel that prosecution of individuals is the better route than settlement. The settlement will excuse all of the misconduct that financial institutions took part in. It is the government’s hope that the settlement will have an affirmative effect on the nation’s financial system and the economy. I believe this is wishful thinking!

The public interest requires a detailed investigation and the prosecution of those individuals involved with bank abuses and fraud. After the investigation and the convictions of those individuals, settlements involving significant civil penalties can be worked out. The settlement that the government is negotiating will sweep under the rug the widespread acts of fraud and abuse that the banks were engaged in, that has resulted in a foreclosure crisis in the United States and the downward spiral of our economy. Those individuals responsible for inappropriate activities should be appropriately dealt with.

Foreclosure Defense and Saving Homes

We can help save your home from being sold in foreclosure. The Law Offices of Schlissel DeCorpo have been representing individuals whose homes have been foreclosed upon for more than 45 years. 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. 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.

Foreclosure Rates Climbing on Long Island

Foreclosure Rates Climbing on Long IslandForeclosure rates have been climbing on Long Island for the past few months. The increase in foreclosure rates is related to lenders moving more vigorously to foreclose on homes after stopping for several months to review their practices to make sure they are in compliance with state and local laws. After employees from financial institutions admitted that they had signed foreclosure documents without reading them, New York state courts began requiring lenders and lawyers to scrutinize and check the paperwork they receive from their clients. State court judges have been aggressive in seeing to it that the lenders have all of the appropriate paperwork before they move forward with foreclosure proceedings.

As banks have corrected what many thought to be abuses of the foreclosure process, they have now become more confident that they are acting appropriately with regard to their foreclosure proceedings. This has allowed them to speed up the foreclosure processing of documents internally within their organizations.

During the first half of the year, investigations by local and state officials of bank abuse caused banks to take a second look at their foreclosure process. However, banks seem to have dealt with their problems and are now moving forward aggressively to foreclose on homes on Long Island.

The increased foreclosure activity has a negative effect on the housing market. The more homes that come on to the already over crowded housing market through foreclosure sales have an impact of reducing home values in the area of the foreclosed home.

Long Island and New York City Foreclosure Defense

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 conferencesfor 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.

Foreclosure by Bulldozer

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.

Foreclosure Defense in Valley Stream, Lynbrook, Baldwin, Malverne, Freeport, Oceanside, Long Beach, Elmont, Lakeview, West Hempstead, Hempstead, Merrick and Bellmore, New York

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

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