Chapter 13 bankruptcy

New York Foreclosure Law Firm Fined Two Million Dollars

November 18, 2011 by Elliot S. Schlissel

Steven 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 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.

Filed Under: Bankruptcy, Current Events, Foreclosure, Foreclosure Defense, Mortgage Modification, Uncategorized Tagged With: bankruptcy, bankruptcy attorneys, Bankruptcy mortgage modification, bankruptcy proceedings, Chapter 13 bankruptcy, financial crisis, foreclosure related bankruptciy, long island bankruptcy attorney, mortgage, mortgage modification, mortgage modification attorneys, mortgage modification denial, mortgage modification denied, mortgage modification denied new york, Mortgage Modification new york attorney, mortgage modifications, Mortgage Modifications attorney, Mortgage Modifications new york, New York City bankruptcy attorneys, second mortgage bankruptcy, second mortgages

Why Banks Foreclose

November 17, 2011 by Elliot S. Schlissel

Our Law Office deals with families whose homes are being foreclosed upon each and every week. We are continually asked by our clients why financial institutions simply don’t reduce the amount of the loan to coincide with the equity in their home, instead of foreclosing on their homes and selling it at auction for less than half of its real value. Unfortunately, it is extremely rare for a bank or other financial institution to reduce the principal in the mortgage to bring it back into conformity with the actual value of the house. Banks do not usually change their practices. Dropping principal balances to the amount of the actual indebtedness on the mortgage would be a departure from usual bank procedures. Banks simply do not wish to explain why the value of their mortgage portfolio on their financial statements are incorrect.

Banks Are In the Business of Making Money

Lenders don’t wish to write down the balance of defaulting loans because they do not see any upside for them in engaging in this practice. Banks are interested in making as much money as possible. Writing down loans does not accomplish this.

Writing Down Loans Will Not Avoid Default By Homeowners

Lenders do not believe that writing down mortgage loans will reduce the likelihood homeowners will default. Banks studies have shown individuals whose homes are underwater (there is a negative equity in the homes) will most likely be unable to pay their mortgages, even if the mortgage is renegotiated to the value of their home.

Mortgage Departments at Banks Are Understaffed and Undertrained

Most financial institutions want to deal with mortgages that are current and on which they are making money on. They look at servicing mortgages that are in default as a financial burden. This causes banks to be chincy on the amount of workers they hire to handle these loans and to skimp on the training of these employees. Mortgages servicing companies tend to be short-staffed and don’t have a lot of motivation to hire more employees on money losing loans.

Mortgage Problems and Solutions

Hopefully you are up to date on your mortgage, but should you be having financial problems and/or your mortgage falls behind, we may be able to help you obtain a mortgage modification. Should a mortgage modification not be available for you, we can represent you in a foreclosure proceeding and keep you in your home! Our foreclosure defense lawyers attend foreclosure court conferences for our clients. We meet with our clients and discuss foreclosure options, such as foreclosure related bankruptcy filings. We litigate, in New York State Courts, foreclosure defenses such as defective mortgages, violations of truth in lending laws, predatory lending and defective foreclosure lawsuits. We also can assist you in other real estate related problems.

Should bankruptcy filing be the appropriate way to deal with your foreclosure problem, we can file either a Chapter 7 or Chapter 13 bankruptcy for you. Upon meeting with us, we’ll discuss the types of bankruptcies that are available to you and why filing bankruptcy may help you. Filing a bankruptcy stops foreclosures from moving forward and can stop all debt collection activity. Call us for a free consultation. We appreciate your visiting our foreclosure blog.

Filed Under: Bankruptcy, Current Events, Foreclosure, Foreclosure Defense, Mortgage Modification Tagged With: bank foreclosure, bankruptcy, bankruptcy attorneys, Bankruptcy mortgage modification, bankruptcy proceedings, Chapter 13 bankruptcy, financial crisis, foreclosure related bankruptciy, home prices falling, long island bankruptcy attorney, mortgage, mortgage modification, mortgage modification attorneys, mortgage modification denial, mortgage modification denied, mortgage modification denied new york, Mortgage Modification new york attorney, mortgage modifications, Mortgage Modifications attorney, Mortgage Modifications new york, New York City bankruptcy attorneys, second mortgage bankruptcy, second mortgages, why banks foreclose

Why are Mortgage Modifications Denied?

November 9, 2011 by Elliot S. Schlissel

Have you applied for a mortgage modification? If you have, you may have experienced a long, arduous process. The processing agency or financial institution may request your paperwork on three, four, or as many as six different occasions. Some New Yorkers who have come to our law firm have suggested that the mortgage processing companies are hiring imbeciles.

Long Delays

Why does the process have long delays? The reason for the long delays is the banks have failed to hire sufficient employees to properly process mortgage applications. The banks also didn’t take into consideration the length and depth of the financial crisis facing this country. The high unemployment rate, the down sizing of jobs and the recessionary problems in the United States have caused thousands and thousands of Americans to apply for mortgage modifications. The banks simply did not take into consideration the volume of mortgage modification applications they would be receiving.

Mortgage Modification Denials

There are a variety of reasons why your mortgage modification may be denied. The single largest reason for denying mortgage modifications is the financial institutions claiming you didn’t provide them with all the necessary paperwork. This is the most frustrating denial, especially when you provided the paperwork to them on several occasions and they simply lost or misplaced it. A second reason for denying mortgage modifications is that you have too much debt. If the financial institution feels you already have more debt that you can handle, they will turn down your mortgage modification application.

Insufficient Income

Another reason why many mortgage modification applications are denied is the failure to have sufficient income to support your financial obligations.

Bankruptcy

You can discharge debt through filing bankruptcy proceedings. You can go through the bankruptcy process and thereafter file a mortgage modification application. At the end of the bankruptcy, you will have eliminated your debt and you therefore may be a superior candidate for a mortgage modification at that time.

Second Mortgages

There are situations where a family’s mortgage modification application on their first mortgage is approved. However, they may still have a non-performing second mortgage. In these situations, you may be able to discharge your second mortgage by filing bankruptcy. A Chapter 13 bankruptcy can eliminate your second mortgage.

Foreclosure Lawyers

Filed Under: Bankruptcy, Current Events, Foreclosure, Foreclosure Defense, Mortgage Modification Tagged With: bankruptcy, bankruptcy attorneys, Bankruptcy mortgage modification, bankruptcy proceedings, Chapter 13 bankruptcy, Chapter 13 bankruptcy second mortgage, discharge debt, discharge debt bankruptcy, discharge your second mortgage, discharge your second mortgage bankruptcy, financial crisis, foreclosure related bankruptciy, high unemployment rate, long island bankruptcy attorney, mortgage modification, mortgage modification attorneys, mortgage modification denial, mortgage modification denied, mortgage modification denied new york, Mortgage Modification new york attorney, mortgage modifications, Mortgage Modifications attorney, Mortgage Modifications new york, New York City bankruptcy attorneys, second mortgage bankruptcy, second mortgages, unemployment rate

Housing Prices on Long Island Decrease

October 6, 2011 by Elliot S. Schlissel

The sale prices of homes on Long Island went down in the month of August. This is compared to the price that homes sold for one year ago. The medium sale price for a home in Nassau County was $420,000. This represents a reduction of 4.5 % from last year. The medium sale price for a home in Suffolk County in August of 2011 was $324,000. This was only $1,000 less than that home would have sold for in August of 2010.

A Stabilizing Market

Real estate experts have indicated that the market for single family homes on Long Island is stabilizing. This is another way of saying that the amount of decline in home values is slowly leveling off.

Rock Bottom Prices

Buyers today are looking for rock bottom prices before they will buy a home. Has the market bottomed out? One can never be sure as to what the real estate market is going to do. The major issues involved in the real estate market relate to national and local economic decisions. The unemployment rate has a significant impact on the real estate market. The consensus among families as to the future of their employment prospects impacts on the real estate market. Worries and fears about recessions impact the real estate market. Job security issues have a negative impact on the real estate market. Home values have been going down on Long Island for more than four years. When will the bleeding stop?

Foreclosure Defense and Bankruptcy 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. We look forward to seeing you again on our foreclosure blog.

Filed Under: Bankruptcy, Current Events, Foreclosure, Foreclosure Defense, Mortgage Modification Tagged With: Chapter 13 bankruptcy, Chapter 7 bankruptcy, defective foreclosure lawsuits, defective mortgages, foreclosure, foreclosure defense, foreclosure related bankruptcies, housing prices, Housing Prices Long Island, Nassau County Home Prices, new york attorney foreclosure, New York foreclosure, NY foreclosure defense attorneys, predatory lending issues, real estate market, unemployment rate, unemployment rate real estate market

Home Prices Rise in the Spring of 2011

September 30, 2011 by Elliot S. Schlissel

Each year, as the weather gets better, the real estate market seems to blossom at the same time flowers blossom in many large cities in the United States. This has been true for 2011; however, the blossoming only had a minimal impact on the real estate market in the United States this year. Home sale prices rose in 13 of the 20 largest cities that are followed by the Standard and Poor’s / Case – Shiller Home Price Index. Washington, D.C. had the most significant increase in home prices. It was followed by San Francisco, Atlanta and Seattle. The home price index in the city of New York only went up a small amount.

Long Island Home Prices

In May of 2011, there was a slight increase in the average home price in Suffolk County. It rose to $315,000. Nassau County had a decrease in the average price of home sales to $399,000. Unfortunately, these home prices must be adjusted for seasonal factors related to the search of home purchasers that usually takes place in the spring of each year.

Real Estate Crisis

America is still in the throes of a real estate crisis. Approximately a third of all homes are underwater (worth less than the amount of their mortgages). This crisis has been going on for three years. It is becoming a permanent fixture of the real estate cycle. For the economy in the United States to be pulled out of its doldrums, the real estate market must be stabilized, which is not happening. Foreclosure rates are increasing. Equity in homes is decreasing. American’s single largest asset, the single family home, is becoming a liability!

Foreclosure Lawyers

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 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.

Filed Under: Bankruptcy, Current Events, Foreclosure, Foreclosure Defense, Mortgage Modification Tagged With: Case - Shiller Home Price Index, Chapter 13 bankruptcy, Chapter 7 bankruptcy, defective foreclosure lawsuits, defective mortgages, foreclosure, Foreclosure Lawyers, foreclosure rates, home prices, Home Prices Rise, Long Island Home Prices, mortgage modification, Nassau County Home Prices, predatory lending issues, Real Estate Crisis, real estate market, Standard and Poor's Case - Shiller Home Price Index, Suffolk County Home Prices

Foreclosure Horror Story

July 13, 2011 by Elliot S. Schlissel

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: Bank of America, Chapter 13 bankruptcy, Chapter 7, foreclosure defense law firm, foreclosure defense litigation, foreclosure proceedings, homeowners sue Bank of America, mortgage modifications, predatory lending, Warren Nyerges

Foreclosures Increase Economic Stress in the United States

May 5, 2011 by Elliot S. Schlissel

In December of 2010, the economic stress in the United States increased. This was largely due to the depressed housing market. Foreclosure rates rose in thirty-three states during December. In addition, bankruptcy levels remained very high.

Social Security Rates Go Down

During the 2011 calendar year, the tax rate for social security taxes was reduced. This results in workers’ paychecks going up.

Manufacturers Are Adding Jobs

In the United States, manufacturers, after many years of having shrinking payrolls, plan on hiring more employees in the year 2011. In January of 2011, the manufacturing sector of the United States economy added approximately 50,000 jobs. This was the largest increase since August of 1998.

Unemployment Rates Go Down

The unemployment rates have been slowly decreasing in the United States for the past two months. The unemployment rate was 9.8% in November of 2010 and fell to 9% in January of 2011.

Bankruptcies and Foreclosures Increase

Rajeev Dahawan, an economist at Georgia State University, stated, “bankruptcies and foreclosures are the side effects of the damage from the real estate bust. First you have the real estate problem and then it spills over into bankruptcies and foreclosures.”

Bankruptcy

Bankruptcies generally increase during times of economic stress. In November of 2005, the Bankruptcy Reform Act led to more stringent standards for filing a bankruptcy. A “means test” was a mandatory part of the Bankruptcy Reform Act. Since November of 2005, the rules regarding filing Chapter 7 bankruptcies have been liberalized; however, the means test standard still applies on all new Chapter 7 bankruptcy filings.

Bankruptcy Lawyer

Our law office files Chapter 7 and Chapter 13 bankruptcies on behalf of our clients. These bankruptcies will stop foreclosures from moving forward and, in some circumstances, eliminate second mortgages. In addition to filing bankruptcies, we educate our clients on how to re-establish credit after bankruptcies are filed.

Our law office provides comprehensive foreclosure defense legal services. We assist our clients in applying for mortgage modifications and deal with mortgage modification programs that fail to meet our clients’ needs. We litigate defective mortgages, predatory lending, defective foreclosure lawsuits, bad faith on behalf of financial institutions and all other real estate related matters. During the course of foreclosure litigation, we attend foreclosure court conferences on behalf of our clients and try to motivate the financial institutions to give our clients mortgage loan modifications. Feel free to call us at 1-800-344-6431, 516-561-6645 or 718-350-2802 to discuss your legal needs. Thank you for reading our foreclosure blog.

Filed Under: Current Events, Foreclosure Defense, Mortgage Modification, Uncategorized Tagged With: Bankruptcies, bankruptcy, Bankruptcy Lawyer, Chapter 13 bankruptcy, Chapter 7 bankruptcy, depressed housing market, filing bankruptcies, foreclosure, foreclosure defense, foreclosure rates, foreclosures, manufacturing sector, New York City bankruptcy attorneys, re-establish credit after bankruptcies, social security taxes, tax rate for social security taxes, unemployment rates

Home Prices Rise in the Spring of 2011

Foreclosure Horror Story

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