Chapter 13 – Page 2

In January 2011, Fewer Mortgage Modifications Were Granted

March 25, 2011 by Elliot S. Schlissel

Financial institutions granted fewer mortgage modifications in January of 2011 than in previous months. Throughout the country, approximately 101,000 mortgage modifications were granted in January, while more than 111,000 mortgage modifications were granted in December. Of the modifications granted in January, seventy-three thousand were modifications done with lenders and twenty-eight thousand were new modifications under the HAMP program.

Republicans seek to cancel HAMP. The Republican majority in the United States House of Representatives has approved a statute that would end the HAMP program. The democrats in Congress oppose this measure. In the unlikely event that the elimination of the HAMP anti-foreclosure program is approved by Congress, President Obama has stated he will veto this statute.

Mortgage Delinquencies Increase

While the amount of mortgage modifications went down in January of 2011, the number of mortgage delinquencies rose. There were three million home loans that were more then sixty days overdue in January of 2011.

There were 200,000 new foreclosure proceedings in January of 2011. This is down from the 230,000 foreclosure proceedings in December of 2010. In January 2011, 73,000 homes were sold in foreclosure. This was a major increase from the 56,000 homes that were sold in December of 2010.

Long Island and New York City Foreclosure Defense Lawyers

Should you be facing a foreclosure, it is important that you have high quality legal defense as early in the proceedings as possible. We provide foreclosure defense for our clients. We attend foreclosure court conferences. We litigate issues involving defective foreclosure lawsuits, defective mortgages, predatory lending, bad faith on behalf of financial institutions and other real estate matters. We assist our clients in mortgage modifications and, when necessary, we will file either Chapter 13 or Chapter 7 bankruptcies on behalf of our clients. Call us at 1-800-344-6431, 516-561-6645 or 718-350-2802 for a free consultation.

Filed Under: Current Events, Foreclosure Defense, Mortgage Modification Tagged With: Chapter 13, Chapter 7, foreclosure proceedings, HAMP program, Long Island, mortgage delinquencies, mortgage modifications, New York City foreclosure defense lawyers, real estate, Republican majority

Home Prices Decline in Large Cities

March 16, 2011 by Elliot S. Schlissel

Home prices are hitting new lows in many major cities. High foreclosure rates, coupled with high unemployment, stricter lending rules and the public’s fear that real estate prices will continue to decline is causing home prices to go down.

Uneven Recovery for the Housing Market

The cities in United States are facing different problems based on the location of the city and the economic situation in that locality. Cities that are built up with little room for new housing starts, such as in the Metropolitan New York area and the coastal cities in California, are experiencing a smaller rate of decline in home prices. Unfortunately many new homeowners are unable to obtain mortgages. Underwriting requirements to purchase a new home are very strict. It is estimated that housing prices will continue to decline in 2011 and, in many cities, will hit new lows.

The Economy is Improving While the Housing Industry is Still in the Doldrums

There has been progress with regard to the economy improving in the last few months. The stock market has been going up for approximately six months. However, the improvements in the economy have not impacted the housing industry. In 2011, the prospects for the housing industry are dismal. It is estimated there will be less construction of new homes this year than in the two previous years. Cities with high unemployment rates and high foreclosure rates are having the most problems in the real estate sector.

Nevada Housing Prices Crushed

Homes in Las Vegas have lost more than 50% of their value since 2006. Las Vegas has one of the highest unemployment rates in the country. One out of every four home sales in Nevada is either a foreclosure or a short sale.

Foreclosure Prospects in 2011

It is estimated that there will be millions of homes going into foreclosure in 2011. It is hopeful that the foreclosure crisis will bottom out in the year 2011 and improve in 2012.

New York Foreclosure Defense Lawyers

Our office represents clients throughout the Metropolitan New York area regarding foreclosure defense issues. We litigate these matters on behalf of our clients. We attend foreclosure court conferences and explain to the judges our clients’ problems with mortgage modifications. We provide assistance to our clients regarding mortgage modification applications. We help our clients with mortgage modification programs that failed to meet their needs. We maintain a foreclosure blog. We litigate defective foreclosures, bad faith, defective mortgages and predatory lending issues. We litigate all types of real estate related matters on behalf of our clients. If our analysis indicates bankruptcy is the appropriate way to assist our clients with their financial problems, we file either Chapter 7 or Chapter 13 bankruptcies. We stop foreclosure proceedings from proceeding. Call us for a free consultation at 516-561-6645, 718-350-2802 or 1-800-344-6431.

Filed Under: Current Events, Foreclosure Defense, Mortgage Modification Tagged With: Chapter 13, Chapter 7, foreclosure rates, home prices, mortgage modification, Nevada housing prices, New York foreclosure defense lawyers, real estate, unemployment

Wells Fargo Faces Penalties in Foreclosure

March 15, 2011 by Elliot S. Schlissel

Wells Fargo is currently being investigated by various governmental agencies with regard to illegal practices concerning mortgages and foreclosures. Wells Fargo has been accused of violating fair lending laws by the Security and Exchange Commission.

The company spokesman for Wells Fargo recently stated “with regard to the investigation into foreclosure practices, it is likely that one or more of the government enforcement actions against Wells Fargo will result in civil monetary penalties.” There are also more than half a dozen class action lawsuits pending against Wells Fargo on behalf of homeowners. These lawsuits claim that employees at Wells Fargo executed documents in foreclosure proceedings without having personal knowledge of the facts contained in these documents. The relief requested in the lawsuits against Wells Fargo asks for monitory damages, cancellation of mortgages and other penalties against the bank. Wells Fargo has indicated that they make be facing as much as $1.2 billion dollars in losses related to the pending litigation. This has caused the bank’s share price to go down.

New York Foreclosure Defense Attorney

If you are sued in a foreclosure proceeding, we can help you. The foreclosure defense lawyers at the Law Offices of Schlissel DeCorpo have been assisting homeowners and consumers regarding lawsuits involving financial institutions for more than 45 years. We prepare mortgage modification applications on behalf of our clients. We assist our clients in dealing with mortgage modification programs that fail to provide our clients with the appropriate relief.

We defend our clients in foreclosure proceedings. We defend defective foreclosure lawsuits, defective mortgage issues, predatory lending, and bad faith by financial institutions. We maintain a foreclosure blog to update our clients and the general public concerning issues involving the banking industry, mortgages and foreclosures.

We represent our clients in real estate related litigation. In the appropriate situations we also file Chapter 7 bankruptcies and Chapter 13 bankruptcies on behalf of our clients. If bankruptcies are filed, we help our clients reestablish credit at the end of the bankruptcy procedures. If you need an attorney to stop a foreclosure or help you out of debt feel free to call us. Our office numbers are 1-800-344-6431, 516-561-6645 and 718-350-2802.

Filed Under: Current Events, Foreclosure Defense, Mortgage Modification Tagged With: bankruptcy, Chapter 13, Chapter 7, defective foreclosure lawsuits, foreclosure, New York Foreclosure Defense Attorney, predatory lending, Security and Exchange Commission, Wells Fargo

Fannie Mae and Freddie Mac

March 11, 2011 by Elliot S. Schlissel

Fannie Mae and Freddie Mac are the two federally-backed agencies that are responsible for the large majority of mortgages in the United States. Congress and the White House are now at odds as to how to deal with these financially ravished, federally-backed agencies.

Steps need to be taken to reform the mortgage business. There has to be greater consumer protection for prospective homeowners. Changes must be made regarding how the mortgage servicing industry deals with prospective homeowners. Mortgage companies must work with borrowers who unfortunately fall behind on their mortgage payments. Action must also be taken to deal with the bundling of loans for sale to investors. These loan bundling schemes were a significant part of the current mortgage crisis.

Democrats and Republicans Both Agree and Disagree

Democrats and Republicans both agree that Fannie Mae and Freddie Mac should not continue to exist. The problem is Democrats and Republicans can’t agree on what should replace them. Both the Democrats and Republicans want the private market place to assume the responsibility currently maintained by Freddie Mac and Fannie Mae. The actual setup of the new organizations is the subject of spirited debate between the two parties in Congress, as well as within the Obama Administration.

Foreclosure Defense Lawyers in New York

If you have problems with a mortgage modification, we can help you. If you have difficulties dealing with mortgage modification programs that fail to approve your application, we are the lawyers for you. Should you be the subject of a foreclosure lawsuit, we are the lawyers for you. We litigate foreclosure proceedings. We provide foreclosure defense for our clients. We maintain a foreclosure blog to educate our clients and homeowners throughout the Metropolitan New York area with regard to their rights in foreclosure proceedings.

We litigate defective mortgages, predatory lending issues, defective foreclosure lawsuits, bad faith and other related real estate issues. We also assist our clients in filing Chapter 7 and Chapter 13 bankruptcies.

We meet with our clients, we review all of the financial documents related to their mortgage and loan modification and we set up a plan to help keep them in their homes. Feel free to call us at 1-800-344-6431, 516-561-6645 or 718-350-2802. We can help you!!

Filed Under: Current Events, Foreclosure Defense, Mortgage Modification Tagged With: Chapter 13, Chapter 7, defective mortgages, democrats, Fannie Mae, foreclosure defense lawyers in New York, Freddie Mac, mortgage crisis, mortgage payments, predatory lending, republicans

Foreclosures Represent 12.5% of all Real Estate Sales on Long Island

March 10, 2011 by Elliot S. Schlissel

In 2009, there were 2,836 foreclosure sales of homes on Long Island. This represented 10.7% of all sales of single-family homes on Long Island. In 2010, there were 2,571 homes sold related to foreclosure proceedings on Long Island. Even though the number of homes sold in foreclosure was less in 2010 than the prior year, the percentage of real estate transactions on Long Island related to foreclosure sales grew in 2010.

Foreclosure Home Sales Dominate the Real Estate Market in the U.S.

In 2010, 25% of all home sales throughout the United States were the result of foreclosure proceedings. It is anticipated that the percentage of home sales related to foreclosure proceedings will increase in the year 2011. It is expected that foreclosure sales will increase in 2011 because lenders are getting their act together with regard to providing their attorneys with the appropriate paper work to facilitate foreclosure proceedings through the courts.

John Fitzgerald, a real estate broker in Hauppauge, New York, whose business focuses on foreclosure transactions, stated that he has been told by lenders in New York to “get ready because there are properties coming” with regard to increased foreclosure activity on Long Island.

Foreclosure Defense on Long Island and the Five Boroughs of NYC

Should you find your house in foreclosure, we can help you. We’ll assist you in obtaining a mortgage modification. If you don’t qualify for a mortgage modification and you are sued in a foreclosure proceeding, we can represent you in court.

We will see to it that your rights are protected. We are experienced in dealing with mortgage modification programs that fail to provide the homeowner with the promised relief. We maintain a foreclosure blog to educate our clients and the general public with regard to the foreclosure crisis in the United States.

When foreclosure ensues, we attend foreclosure court conferences on behalf of our clients. We litigate defective foreclosure lawsuits, predatory lending issues, bad faith on behalf of financial institutions and defective mortgages.

Our law office has been handling real estate litigation for more than three decades. Should a Chapter 7 or Chapter 13 bankruptcy be appropriate to deal with your financial situation, we will discuss this issue with you and assist you in filing bankruptcy, if necessary. The filing of bankruptcy will stop foreclosure proceedings from moving forward and in some situations eliminate the security interest created by second mortgages. We can also assist you in reestablishing your credit after you have been discharged in bankruptcy.

Feel free to call us at your earliest convenience at 516-561-6645, 718-350-2802 or 1-800-344-6431. Our phones are monitored 24/7.

Filed Under: Current Events, Foreclosure Defense, Mortgage Modification Tagged With: Chapter 13, Chapter 7, defective mortgages, five boroughs, foreclosure defense attorneys, foreclosure proceedings, foreclosure sales, Long Island, NYC, real estate litigation, real estate market

Mortgage Delinquencies Declined

March 9, 2011 by Elliot S. Schlissel

During the past few months, there has been a reduction in the number of mortgages becoming delinquent. In the third quarter of 2010, the mortgage delinquency rate fell from 14.42% to 13.52%, according to the Mortgage Banker’s Association.

There are several explanations for a decline in mortgage delinquency rates. One explanation is that the economy is improving and this is having a positive effect on home owners ability to make mortgage payments.

Delinquencies and Foreclosures above Normal

The good news is that mortgage delinquency rates and the number of foreclosures is starting to go down. The bad news is that mortgage foreclosure rates and mortgage delinquencies are extremely high by historical standards.

It is thought that one of the reasons why foreclosure rates are starting to decline is that the new foreclosures in 2011 are not being caused by bad bank loans. Many of the foreclosures in 2009 and 2010 were caused by banking practices that provided mortgage loans to individuals who didn’t qualify. Most of the new foreclosures are related to prime loans. These loans are much harder for banks to modify than sub-prime loans. Prime loans are given out at low interest rates to start with.

The number of home owners obtaining mortgage modifications has also been decreasing. Twenty-four thousand homeowners throughout the United States obtained mortgage modifications in October of 2010. Hopefully, we will see a continuation of the reduction of mortgages that are delinquent and foreclosure rate will continue to decline.

Queens, Nassau and Suffolk County Mortgage Modification and Foreclosure Defense Lawyers

Our office can assist you with mortgage modifications. If you are sued in foreclosure, we will aggressively represent you and stop the foreclosure in its tracks.

We litigate bad faith bank practices, defective foreclosure lawsuits, predatory lending issues and fraudulent mortgages. We attend foreclosure conferences in court on behalf of our clients. We also deal with problems caused by mortgage modification programs that do not work. We will analyze your financial situation to see if filing Chapter 7 or Chapter 13 bankruptcy is the appropriate remedy for your difficulties.

Feel free to call us at 1-800-344-6431, 516-561-6645 or 718-350-2802 for a free consultation.

Filed Under: Current Events, Foreclosure Defense, Mortgage Modification Tagged With: bad faith, bankruptcy, Chapter 13, Chapter 7, foreclosure defense lawyers, fraudulent mortgages, Mortgage Banker's Association, mortgage delinquencies, mortgage modifications, mortgage payments, Nassau, New York, predatory lending, prime loans, Queens, Suffolk County

The Real Estate Market

March 8, 2011 by Elliot S. Schlissel

For the past few years, home prices in the large majority of the United States have been falling. I am happy to report that in an article recently published by the National Association of Realtors, it showed that in seventy-eight markets throughout the United States, representing most major metropolitan areas, housing prices have started to stabilize. Stabilization of the housing market is good news. However, stabilization is indicative of the slowing of the downward valuation of homes and not their increasing in value.

Buyers’ Market

We still have a buyers’ market for single family homes. Sellers are reluctant to commit to buying homes when home values are decreasing. Perspective home purchasers are always looking for bargains. Will housing prices continue to go down or will they rebound? No one can be absolutely sure as to when the housing market will hit its absolute bottom.

Is this a Good Time for Selling?

Are you interested in selling your home? Many prospective home sellers have kept their homes off the market with the hope that there would be a rebound in the housing market in the United States. The stabilization of the real estate market should not be considered a rebound. However, there is no guarantee homes will be worth more in the near future.

Location, Location, Location

There are three rules concerning the valuation of real estate. Those three rules are known as “location, location, location”. The valuation of real estate is a local issue. The market value of homes and commercial real estate changes from state to state, city to city, suburb to suburb and locale to locale. It could even be different from one block to the next in the same neighborhood. It behooves you if you are a purchaser to use due diligence and to become familiar with the area in which you seek to purchase a home.

The Improving Economy

Although the real estate market has been stabilizing, we are still in a recession. Will the rising stock market bring back the real estate market with it? I am hopeful, but I am also concerned that the problems in the real estate market in the United States are so severe that it may take several more years to sort this out.

Foreclosure Defense Lawyers in Long Island and New York

Our office assists our clients with mortgage modification applications. We are knowledgeable about the mortgage modification programs and why they fail. We maintain a foreclosure blog to update the public concerning various issues involving homes and real estate. We aggressively litigate foreclosure proceedings. We litigate defective mortgage lawsuits, predatory lending and we attend court conferences for our clients when necessary. We advise our clients with regard whether they should file a bankruptcy to deal with being behind on their mortgage and as to whether a Chapter 7 or Chapter 13 bankruptcy would be appropriate. In the event you are behind on your mortgage or experiencing foreclosure problems, we can help you. Call us at 1-800-344-6431, 516-561-6645 or 718- 350-2802.

Filed Under: Current Events, Foreclosure Defense, Mortgage Modification Tagged With: bankruptcy, buyers' market, Chapter 13, Chpter 7, foreclosure defense, foreclosure proceedings, lawyers, Long Island, mortgage modification applications, National Association of Realtors, New York, real estate market

Higher Mortgage Rates and Stricter Mortgage Procedures likely for 2011

March 1, 2011 by Elliot S. Schlissel

Low Mortgage Rates

In the year 2010, mortgage rates were extremely low. They were the lowest they have ever been in the past forty years. It is likely that there will be an upward trend of mortgage rates in the year 2011. As the economy starts to improve, consumer spending will increase and the public’s confidence in our economy will be a factor in the Federal Reserve raising interest rates.

Prospective Home Buyers

If you are a prospective home buyer, you will still be able to obtain an inexpensive mortgage in 2011. Although rates may go up, they are so incredibly low right now that even if they increase in 2011, by historical standards, the rates will still be very reasonable.

Prospective home owners should be aware that the procedures to obtain a new mortgage have been tightened in the past few years. Financial institutions are investigating the information provided by prospective home buyers. The financial institutions are conducting due diligence to a higher degree than existed before.

Mortgage Modification

Should you, a friend or a loved one require a mortgage modification, we can help. When homes go into foreclosure, we provide foreclosure defense for our clients. We attend foreclosure conferences. We litigate defective foreclosure lawsuits, bad faith on behalf of financial institutions and predatory lending practices. We also analyze our clients financial situations and advise them as to whether filing a Chapter 7 or Chapter 13 bankruptcy would be appropriate. Feel free to call us at 1-800-344-6431, 516-561-6645 or 718-350-2802 for a free consultation.

Filed Under: Current Events, Foreclosure Defense, Mortgage Modification Tagged With: bankruptcy, Chapter 13, Chapter 7, consumer spending, Federal Reserve, foreclosure conferences, foreclosure defense, low rate mortgages, mortgage modification, New York foreclosure attorney, predatory lending

Home Modification Problems in California (Part 2): Lawyers Who Assist Homeowners in Mortgage Modifications Are Now out of Reach

February 25, 2011 by Elliot S. Schlissel

Problems with Bank Mortgage Practices

There have been recent revelations regarding numerous financial institutions that have been involved in deceptive mortgage practices, predatory lending practices, defective mortgages and bad faith litigation, as well as litigating cases where they did not have the appropriate paperwork. This makes the need for attorneys to represent homeowners very important. Homeowners in California are now defenseless in dealing with the law firms that represent financial institutions in foreclosures, as well as the “robo-signers” at the banks, who could care less about State and Federal laws that protect homeowners from improper bank practices. The actions taken by the legislature in California hurt homeowners and will destroy families.

When a homeowner in California gets notice that they are going to lose their home, they no longer have the ability to obtain a seasoned, experienced foreclosure defense lawyer to protect them and their families from being thrown out of their homes because of foreclosure lawsuits.

More then 300,000 foreclosure lawsuits were started in California alone during the 2010 calendar year. It is estimated that in 2011 the amount of foreclosures in California will surpass the 2010 number.

New York Foreclosure Defense

Fortunately, homeowners in New York do not have to deal with the restrictive statute that exists in California. Our law firm has been representing homeowners and consumers dealing with financial problems and mortgage foreclosures brought by banks for more than 45 years. We litigate foreclosure defense lawsuits. We file Chapter 7 and Chapter 13 bankruptcies on behalf of our clients to stop foreclosure proceedings. When necessary, we attend, on our client’s behalf, foreclosure court conferences. We litigate defective mortgages, defective foreclosure lawsuits and predatory lending issues. We also bring to the court’s attention fraudulent activities that mortgage brokers, financial institutions and appraisers engaged in during the mortgage underwriting process.

We can keep you in your home! Call us for a free consultation at 1-800-344- 6431; 516-561-6645 or 718-350-2802.

Filed Under: Mortgage Modification Tagged With: Chapter 13, Chapter 7, deceptive motgage practices, foreclosure defense, lawyer, mortgage modification, New York

Foreclosure Action Dismissed, Bank Had No Standing to Sue

January 10, 2011 by Elliot S. Schlissel

Posted by Elliot S. Schlissel, Esq.

Justice Madden, sitting in the Supreme Court of New York County, recently dismissed a foreclosure proceeding because the plaintiff financial institution had no standing to sue. The court held that they had no standing to sue because they could not document that the mortgage had been properly assigned to them. The case involved was LPP Mortgage Ltd. v. Sabine Properties, LLC.

LLP Mortgage claimed that Sabine had defaulted in making mortgage payments to them. They had accelerated the mortgage (called it due) and asked for a judgment for the entire mortgage balance.

Justice Madden noted that the complaint submitted by LLP Mortgage Ltd. did not specifically identify the original institution that granted the mortgage. It also didn’t state how the mortgage was assigned to LLP Mortgage Ltd.

The attorneys for Sabine alleged that the mortgage was originally given by Wall Street Mortgage Banks. They also claim that Mortgage Electronic Registration Systems was acting as a nominee and was not the mortgage holder filed with the Registrar of Deeds in the City of New York.

Sabine Properties contended that LLP Mortgage did not provide the courts with documentation that this mortgage had been assigned to them.The court ruled in favor of Sabine Properties. The court held that LLP Mortgage could not show the rightful owner of the note and mortgage. Sabine Properties could not show a continuing chain of title as to how the mortgage became their property. On this basis. the court dismissed the lawsuit because they had no standing to sue.

Foreclosure Defense Lawyers

Should you be facing a foreclosure situation regarding your home, it is important you have experienced legal counsel to defend you. For more than 45 years, the Law Offices of Schlissel DeCorpo has been representing individuals whose homes have been foreclosed upon. We litigate foreclosure cases. When necessary, we can file Chapter 7 and Chapter 13 bankruptcies to stop foreclosures from moving forward. We are adept at handling mortgage modifications as well as defending foreclosure lawsuits based on the banks using defective procedures , bad faith and assignments. We also deal with predatory lending cases. Call us should you need assistance at 1-800-344- 6431; 516-561-6645 or 718-350-2802.

Filed Under: Foreclosure Defense Tagged With: Chapter 13, Chapter 7, foreclosure defense lawyers, foreclosure proceedings, LPP Mortgage Ltd., Martgage Electronic Registration Systems, mortgage payments, New York City, predatory lending, Sabine Properties, Wall Street Martgage Banks

In January 2011, Fewer Mortgage Modifications Were Granted

Home Prices Decline in Large Cities

Wells Fargo Faces Penalties in Foreclosure

Fannie Mae and Freddie Mac

Foreclosures Represent 12.5% of all Real Estate Sales on Long Island

Mortgage Delinquencies Declined

The Real Estate Market

Higher Mortgage Rates and Stricter Mortgage Procedures likely for 2011

Home Modification Problems in California (Part 2): Lawyers Who Assist Homeowners in Mortgage Modifications Are Now out of Reach

Foreclosure Action Dismissed, Bank Had No Standing to Sue

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