New Rules Protect Homeowners From Foreclosure

foreclosure assistance for homeownersThe Consumer Financial Protection Bureau, on January 17, 2012, established new protective procedures related to homeowners whose homes are going into foreclosure. These new rules further regulate the conduct of mortgage servicing organizations.

The purpose of the new rules, according to Richard Corday, the director of the Consumer Financial Protection Bureau, are to ensure a fair treatment for all borrowers. In addition, these rules intend to establish further protection for those individuals trying to save their homes. The intent of these new regulations is to only allow mortgages to be made to prospective homeowners who have the capability of a repaying these loans.

Missing Mortgage Payments

If the homeowner misses two consecutive mortgage payments, going forward, the mortgage servicing organization will have to provided the homeowner with information about alternatives to foreclosure

Loan Modifications

If the homeowner submits a loan modification the financial institution will no longer be able to initiate a foreclosure proceeding until all aspects of the processing of the mortgage modification are completed. Banks will no longer be able to bring foreclosure proceedings unless the loan is a more than four months behind.

Even in the event a home is scheduled to be sold in foreclosure, the homeowner can still submit a mortgage modification application as long as it is 37 days prior to the sale of the home. This will also force the foreclosing financial institution to stop the foreclosure sale from going forward until the mortgage modification is fully processed and it is dealt with. It should be noted, customer service processing organizations that service less than 5000 mortgages are exempt from some of the new rules.assisting homeowners

No Accountability In The Foreclosure Crisis

foreclosure defense lawyer in New YorkThere has been a recent settlement for $8.5 billion between 10 banks and Federal regulators. The settlement relates to fraudulent practices the banks were involved in regarding the foreclosure crisis that exists in the United States.

Holding Banks Accountable

Banks, to maximize their profitability, use many shortcuts. Robosigners, who knew nothing about the documents they were signing, signed hundreds of foreclosure authorizations.

Of the $8.5 billion the banks are coughing up, $3.3 billion will go towards people’s homes who are being foreclosed on. This will amount to approximately $1,100 for each foreclosed home. Individuals who were improperly denied mortgage modifications could receive as much as $50,000.

Who Will Receive These Funds

Who will receive these funds is the big question. There is no procedure for indemnifying the individuals and families who were damaged when they lost their homes. The families whose lives have been ruined may never receive any portion of this settlement.

So what does this settlement really accomplish for the Obama administration? A public relations gesture to try and convince the public he is actually doing something to deal with the crisis. The reality is the individuals who made millions of dollars scamming homeowners are keeping their illegal gains and suffer no prosecution.

Foreclosure Defense Lawyers

homeowner advocates on long islandThe Law Offices of Schlissel DeCorpo is one of the largest foreclosure defense firms on the East Coast of the United States representing individuals concerning fraudulent mortgages, mortgage modifications and helping keep families in their homes.

Reverse Mortgages: Should Seniors Take Them Out?

mortgage and foreclosure  lawyersattorneyHere’s how reverse mortgages work. You receive a loan from a financial institution. The loan starts accruing interest when you receive it. However, you don’t make any payments on your loan during your life. At the time of your death your house is sold and the bank is paid back the money due to it and the balance goes to your heirs.

In some situations, reverse mortgages are an excellent option for a senior to maintain his or her living standards where cash flow is insufficient to pay for these basic expenses. This also allows seniors to stay in their homes when they do not have sufficient savings or income to cover their expenses.

Should You Take Out A Reverse Mortgage?

If you are considering taking out a reverse mortgage, you should try to utilize the funds from the reverse mortgage for as long a period of time as possible. If you are in your sixties and you have a life expectancy of 25 or more a years, you may be too young to take out a reverse mortgage. By this I mean, you may take the money out, spend it and still be in the same situation 5 or 10 years later. However, at the later point in time you would not have a nest egg to fall back on. It should be noted the longer the reverse mortgage is in effect the more the interest compounds and the more you will owe.

Higher Interest Rates on Reverse Mortgages

The interest rates on reverse mortgages are higher than those of a conventional mortgage. In addition, there are upfront mortgage insurance expenses, origination fees and closing costs. You should review with a financial adviser or an elder care attorney your financial circumstances and whether taking a reverse mortgage is appropriate in your personal circumstances.

Conventional mortgages

If you have a reasonable cash flow you may be entitled to a conventional mortgage. A conventional mortgage is less expensive to take out, there are less closing costs and the interest rates are lower.

About the Author

foreclosure advocate for homeownersElliot S. Schlissel is a member of the National Academy of Elder Law Attorneys. He represents seniors with regard to drafting wills, trusts, Medicaid planning as well as issues involving powers of attorney and health care proxies.

Home Prices Increasing

real estate and mortgage modification attorneysHome prices are slowly increasing throughout the United States. The price of homes sold in October of 2012 was 4.3% higher than homes sold in October of 2011. This is the largest year over year increase in more than 30 months. Although in most major American cities the price of homes increased during the 12 month period from October 2011 to October 2012, this did not apply to New York. Unfortunately, home prices have decreased in the past 12 months in the State of New York.

Housing Recovery

There is a housing recovery taking place in most of the country. Unfortunately this recovery is not taking place in New York. It is still too early to look at the data concerning the impact of Hurricanes Sandy on the housing market in New York. Although many New Yorkers lost their homes or their homes were badly damaged during Hurricane Sandy, it is too early to reach a conclusion on how this will impact on the New York housing market.

Fiscal Cliff and Home Prices

It is expected home prices will continue to increase slowly throughout the country if Congress and the President solve the issues regarding the fiscal cliff crisis. When home prices rise, potential purchasers have been sitting on the sidelines start to think to themselves, “well, should I get back into the real estate marketplace now?” Potential buyers are always looking for the lowest possible price.

Mortgage rates in the 3% range are very attractive to potential home purchasers. The construction of new homes continues to expand in the United States. The confidence of home builders rose in December 2012 for the 7th straight month. The confidence level of home builders is at the highest level it has been in 6 ½ years.

About the Author

assistance for homeownersElliot S. Schlissel, Esq. and his team of dedicated attorneys represent individuals with regard to foreclosure problems, mortgage modifications and all types of real estate issues.

Fraudulent Practices in Foreclosure Proceedings

foreclosure assistance for homeownersNewspapers and television news shows have made numerous presentations concerning many financial institutions in the United States being involved in fraudulent practices in originating loans. Lawsuits involving fraudulent practices can be brought against the original lender as well as subsequent lenders who received the notes and mortgage pursuant to assignments.

Fighting Foreclosure Lawsuits

A consumer who seeks to fight a foreclosure proceeding must present evidence he or she was taken advantage of due to predatory lending practices or the loan was issued after the Home Equity Theft Prevention Act (HETPA), as codified in Chapter 308 of the Laws of 2006 in the State of New York. HETPA creates presumptions of predatory lending in certain circumstances.

The case of Immigrant Mortgage vs. Fitzpatrick 95 A.D. 3D 1169, 945 NYS 2D 697 (2 Dept 2012) held a consumer is responsible for the contents of the information he or she provided in the loan application and at the time of the closing of the sale of the house. The court in this case held “[Immigrant Mortgage’s] evidence [presented against Fitzpatrick] established Fitzpatrick was presented with clearly written documents describing the terms of the subject loan and alerting her to the fact the plaintiff would not independently verify her income. Such evidence establishes prima facie entitlement to judgment as a matter of law dismissing an affirmative defense regarding fraudulent practices. In opposition, Fitzpatrick failed to proffer any evidence sufficient to raise triable issue of fact as to whether the plaintiff made any materially misleading statements or committed any misconduct with respect to the subject loan.”

Counterclaims in Foreclosure Proceedings

When a homeowner is sued in foreclosure, they may counter-sue the financial institution even if there is a waiver of defenses or counterclaims in the mortgage documents if the counterclaim is based on fraud.helping homeowners stay in their homes

A Foreclosure Proceeding In the Surrogate’s Court

foreclosure defense attorneyLet’s say your father, mother, a friend or relative leaves you their home either through a will or in an intestate proceeding (without a will). However, due to circumstances beyond your control, the mortgage payments were either not paid by the decedent in a timely manner or go unpaid during the pendency of the estate matter. Can the Surrogate’s Court intervene in a foreclosure proceeding?

In the case of In re Johanneson, NYLJ, September 4th, 2012 on page 26 (Surrogate’s Court, Richmond County), the issue of jurisdiction by the Surrogate’s Court in a foreclosure proceeding was dealt with. In this case, the administratrix of a decedent’s estate brought an application to transfer a pending foreclosure proceeding from a Supreme Court part to the Surrogate’s Court.

The attorneys for the financial institution opposed the transfer of the case to the Surrogate’s Court. They took the position the Surrogate’s Court did not have the appropriate subject matter jurisdiction.

The Surrogate’s Court in this case took the position pursuant to the New York State Constitution and the Surrogate’s Court Procedure Act they did have the appropriate subject matter jurisdiction to handle with a foreclosure proceeding which impacted on the decedent’s estate.

Unfortunately, even though the court claimed they had jurisdiction they declined to exercise their jurisdiction. The Surrogate’s Court felt the Supreme Court which handles foreclosure proceedings on a regular basis, would be better able to deal with the issues which might arise in the context of a routine foreclosure proceeding.

About the Author

assisting homeownersElliot S. Schlissel, Esq. is the former President of the Commercial Lawyers Conference of New York. For more than two decades he has been helping families fight foreclosure proceedings, deal with fraudulent mortgages and stop families from losing their homes.

Standing Required to Sue in Foreclosure Cases

foreclosure defense attorneys on long islandService providers of mortgages who do not know the location of the promissory note lack standing to bring foreclosure lawsuits in the State of New York. In any case where the servicing organization is different than the originator of the note, the servicing organization may not have standing to bring a foreclosure action in the State of New York. The reasons for this relate to the fact the homeowner does not know if the note and the mortgage were properly assigned by the originating financial institution.

Chain of Assignment

Let’s say Bank #1 is the originator of the mortgage loan on your house. Sometime after the closing, you are advised to pay your mortgage payments to Bank #2 and on a later date you are notified to pay your mortgage payments to a mortgage servicing organizations #3. In each of those transactions, a proper assignment would have to have taken place with regard to the note and mortgage. If the assignment did not take place and Banks #3 brings a foreclosure action against you for nonpayment of your mortgage, they do not have standing to bring this proceeding. You can interpose a defense to the proceeding that the party bringing the proceeding is an incorrect party and move to have the case dismissed.

Lack of Standing Can Not Be Repaired

If the institution bringing the foreclosure lawsuit against your home did not have standing to sue when the lawsuit was initiated, they cannot correct this error after the lawsuit is started. In the event the financial institution did not have an appropriate assignment of the note at the start of the foreclosure proceeding and later obtains a valid assignment of the note, this does not correct the lack of standing at the time of the initiation of a lawsuit.

Foreclosures and Estates

If a homeowner dies, the financial institution bringing a foreclosure cannot sue the dead homeowner. If no estate exists, the financial institution must take action to create an estate for the deceased mortgage holder before they can bring a foreclosure proceeding.homeowner advocates on long island

Homeowner Associations in Florida Are Foreclosing on Financial Institutions

foreclosures on long islandPayback Time in Florida

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

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

Homeowners Liening on Bank Owned Properties

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

Shortfall in the Finances of Condo Associations

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

Most Banks Settle

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

Conclusion

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

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

foreclosure assistance for long island homeowners600,000 Foreclosures a Year

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

The Fiscal Cliff and the Real Estate Market

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

Filing Bankruptcy

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

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

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

Example

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

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