Homeowners Associations

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

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

Foreclosures and Homeowners Associations

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

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

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

New York Foreclosure Defense Attorneys

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

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

Unemployed Americans Obtain One Year Waiver on Payment of Mortgages

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

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

Foreclosure Defense

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

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

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

The Best Housing Markets in America

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

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

Distressed Home Sales

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

Will Home Sales Bottom Out In 2011?

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

Foreclosure Defense

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

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

Foreclosure Proceedings are Devastating Communities Throughout the Country

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

Foreclosure on Long Island

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

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

Loan Modifications

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

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

Foreclosure Defense Lawyers In New York City and Long Island

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

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

Home Construction Rates Keep Falling

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

Jobs, Jobs, Jobs

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

Tight Credit Markets

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

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

Foreclosure Help in New York

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

Bankruptcy

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

Foreclosure By Facebook

Foreclosure proceedings must work their way through the courts in the United States. Some legal experts expect that lenders will obtain the right to start initiate foreclosure proceedings by serving the foreclosed legal documents through Facebook. Although this has not taken place yet in the United States, it has already happened in Australia.

A couple in Australia defaulted on a mortgage loan. The lender’s lawyers found them on Facebook. The lawyer served the couple their legal papers through Facebook. The matter was litigated in the courts in Australia. The court upheld the lenders right to send foreclosure notices via Facebook! The court found the couple’s privacy rights were not violated and that they received adequate notice by service through Facebook.

Canada, New Zealand and United Kingdom Accept Service By Facebook

There have been cases in New Zealand, Canada and the United Kingdom where homeowners have been served foreclosure notices through Facebook.

Service of Foreclosure Papers By E – Mail

Courts in general have not accepted e – mail service of legal notices to be either reliable or appropriate. Courts are concerned that the end users will assume the e – mails are junk mail and not open them.

New York City and Long Island Foreclosure Defense

If you are served with a summons and complaint in a foreclosure proceeding in the State of New York you must quickly take action. The service of the summons personally upon you requires you to submit a written answer within twenty days. If you are served through any other means other than by personal service you have thirty days to submit a written answer. The answer to the summons and complaint must either admit or deny the allegations in the complaint. The answer must be served on the attorney for the financial institution and an additional copy must be mailed to the court. The copy mailed to the court must contain an affidavit stating you served a copy of the answer on the bank’s lawyer. You will thereafter receive notice of a foreclosure court conference.

Long Island and New York City Area Foreclosure Defense Lawyers

If you’re home is in foreclosure we can help you. We can assist you in obtaining a mortgage modification. We can help you litigate your foreclosure proceeding. We will attend the foreclosure court conferences on your behalf and press your lender to approve a mortgage modification for you. If you contact us for a consultation we will meet with you and discuss your foreclosure options. These options may also include foreclosure related bankruptcy filings. These options may include filing either a Chapter 7 or Chapter 13 bankruptcy. We appreciate your visiting our foreclosure blog.

How to Pick a Real Estate Agent

Buying a home may be the largest purchase for a family during their lifetime. Picking the correct real estate agent can eliminate many problems involved in the process.

Real Estate Agents Work on a Commission Basis

Real estate agents are not paid a salary. They work on a commission basis. They receive a commission only if they’re successful in selling the house.

Try to Obtain a Recommendation

The best way to find a competent and honest real estate agent is to ask your friends, family members, attorneys, accountants or other individuals who you respect for recommendations. You should practice due diligence and interview two or three real estate agents before deciding on one to represent you.

Real Estate Agents Represent the Sellers

A real estate agent is the agent of the seller. The real estate agent does not represent the buyer. They may appear to be your friend but be careful, what a real estate agent is primarily interested in is earning a living by selling homes.

Sellers Beware

Real estate agents, upon meeting with the prospective seller, want to obtain the listing. The agent will receive a commission even if he or she does not show your home. One of the things an agent may say to you in their first meeting is “I believe I have a buyer for your house”. This is a sales pitch. They may have a buyer who wants a house in your town, but they have no idea they want your house in particular. Another sales technique involves the agent telling you that they have obtained a great offer. However, this offer may be far below what you seek to obtain from the sale of your house. Remember, if a perspective purchaser makes you an offer and it is below what you want, you can make them a counter offer and meet them halfway or three quarters of the way to the price you want.

Buyers and Sellers

Buyers and sellers have different interests. A seller wants to get as much for his or her home as possible. The buyer wants to pay as little as possible. Both of them may be dealing with the same real estate broker. This may create a conflict of interest.

Real Estate Brokers Recommending Lawyers

The real estate broker you go to may recommend a lawyer to handle the real estate transaction. The broker may say this lawyer is affiliated with our office and he or she will give you a good deal. The issue you must look into is whether that lawyer really has your best interest at heart or is the real estate broker’s best interest his or her main concern. Real estate brokers refer lawyers to their prospective clients who they know will protect them with regard to their commissions. In most situations, you are better off having an independent lawyer that you obtained from another source.

Metropolitan New York Foreclosure Defense Lawyers

The New York City and Long Island foreclosure defense lawyers at the Law Offices of Schlissel DeCorpo can help you if you have a foreclosure problem. Our foreclosure defense lawyers litigate defective mortgages, defective foreclosure lawsuits, predatory lending and all other types of real estate related matters. We can explain the federal laws on foreclosure and how they affect you. We attend foreclosure court conferences for our clients.

In the appropriate situation, we will discuss foreclosure related bankruptcy issues, such as filing a Chapter 7 and a Chapter 13 bankruptcy with you. In bankruptcy situations, there is an automatic stay that goes into effect, ordered by the court, that stops foreclosure from moving forward. In some bankruptcy situations, we can eliminate second mortgages. At the end of the bankruptcy, we can assist you inre- establishing your credit.

Feel free to set up a free consultation with us. We will discuss your foreclosure options with you. Thank you for visiting our foreclosure blog.

Bankruptcy and Foreclosure

The main reason for homes going into foreclosure in the United States is the high unemployment rate. Homeowners who lose their jobs can’t pay their mortgages and, eventually, their homes go into foreclosure.

Subprime Loans

President Obama’s programs to deal with the foreclosure crisis in the United States were originally focused on individuals who had taken out subprime loans. It was originally thought that the subprime loan crisis was the primary cause of the high foreclosure rate in the United States. But there is a new villain in the real estate crisis – constant high unemployment rates in the United States.

Federal Programs Dealing With Unemployment and Foreclosure

The Obama Administration does have programs to help individuals who have lost their jobs delay mortgage payments. Unfortunately, the programs are designed to delay mortgage payments for a period of only two months. Since the average length of unemployment is now nine months, these programs don’t work. As of the present time, only about seventy-four homeowners have qualified for these programs.

Bank Bailout Program

The Bank Bailout Program undertaken by the Obama Administration provided $46 billion for the purpose of allowing homeowners whose homes have fallen into foreclosure to keep their homes. The Treasury Department has only spent $1.85 billion dollars to date. It is estimated that more than a million homes have gone into foreclosure because of insufficient assistance from the government for unemployed Americans.

An Obama Administration spokesperson has stated the problems with the programs to assist homeowners whose homes have fallen into foreclosure and are currently unemployed are related to the fact that the programs are voluntary. It is up to the financial institutions, the mortgage servicers and the investors to decide who receives aid and who doesn’t. James Parrot, an adviser at the White House’s National Economic Counsel, stated, “We are trying to be careful in designing programs that, at the end of the day, aren’t just about spending money but getting people back on their feet.”

Home Affordable Mortgage Modification Program (HAMP)

The Home Affordable Mortgage Modification Program was designed as a foreclosure prevention initiative. Approximately 675,000 homeowners have received mortgage modifications under this program. This represents less than 10% of the homeowners who required financial aid to keep their homes from being foreclosed upon.

Department of Housing and Urban Development Program

There is a program that has been initiated by the Department of Housing and Urban Development to deal with unemployed homeowners. More than a million dollars has been allocated to finance this program. The program is designed to provide loans to homeowners who have lost their jobs. These loans can last for a period of up to 24 months. As of the present date, there are only five states that have implemented this program.

Conclusion

The foreclosure mess in the United States, initially caused by granting sub prime loans to unqualified homeowners, is further exacerbated by the unemployment crisis that continues to exist in this country.

Bankruptcy and Foreclosure

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.

What Factors Can Positively Impact The Value of Your Home?

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.

Banks Delaying Foreclosure Proceedings

Banks Delaying Foreclosure ProceedingsThe number of foreclosures in the Metropolitan New York area has been going down for approximately six months. This has been caused by massive delays in financial institutions processing foreclosure proceedings. Banks and other financial institutions have been hurt by the negative publicity concerning robo signers and improper and illegal foreclosure practices. They are now carefully reviewing each and every case before they send it out to their attorneys to initiate foreclosure proceedings. They are reviewing all of the mortgage related documents in each file to make sure that they have been handled in an appropriate manner before initiating a foreclosure litigation. There were 9% less foreclosures in April of 2011 than in March of 2011. In the United States, there were 219,258 foreclosures initiated during April of 2011. In addition, banks seized 70,000 homes in April. A representative of Reality Trac stated, “the slow down continues to be largely the result of massive delays in processing foreclosures, rather than the result of a housing recovery that is lifting people out of foreclosure.”

Foreclosure Proceedings Taking Longer

Each foreclosure proceeding in New York initiated during the first quarter of 2010 took more than 400 days from inception to completion. This is an increase of 60 days from the 340 days this process had taken in 2009. In 2007, it took approximately 150 days to move forward, from start to finish, with a foreclosure proceeding. As the number of foreclosure proceedings has dramatically increased in New York, the time for these proceedings to make their way through the courts has been increasing. It is estimated that new foreclosure proceedings could take as long as 2 ½ years to be concluded.

Home Prices Falling

Home prices are still falling through most of the country. In April of 2011, home prices fell below the March 2009 levels. This is the lowest point home prices have been in the past two years. Unfortunately, real estate experts do not feel the downward trend in home values will be ending in the near future.

Conclusion

The real estate market in the United States is in a sad state of affairs. Unless the real estate market comes back, the economy in the United States will continue to suffer.

fore1Foreclosure Help

The Law Offices of Schlissel DeCorpo provides foreclosure defense for clients in the Metropolitan New York area. We attend foreclosure court conferences for our clients. We litigate defective mortgages, predatory lending and defective foreclosure lawsuits. We deal with all types of foreclosure and estate problems. We educate our clients concerning foreclosure related bankruptcy proceedings, including Chapter 7 or Chapter 13 bankruptcy filings.

We advise and assist our clients concerning mortgage modifications and how to deal with mortgage modification programs that fail to meet the needs of the public. We can provide you with a free initial interview and we will discuss all of your foreclosure options and how to stop foreclosures from moving forward. 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

We represent individuals throughout the New York Metropolitan area with divorce and child custody, personal injury, car accident, wrongful death, estate administration, nursing home and medicaid issues

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.

This is attorney advertising. This website is designed for general information purposes only. The information presented on this website shall not be construed to be legal advice. If you have a legal problem you should consult with an attorney.

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