United States Government Sues Deutsche Bank Over Improper Loan Practices

In May of 2011 the Justice Department filed a lawsuit against Deutsche Bank. They asked for hundreds of millions of dollars in damages from Deutsche Bank. The lawsuit alleges that Deutsche Bank improperly charged it’s customers for bad loans issued by the bank. The lawsuit was filed in the United States District Court in New York.

U.S. attorney Preet Bharara stated upon filing the lawsuit, Deutsche Bank “ignored every type of red flag and breached every duty of due diligence before underwriting thousands of federally insured mortgages.” “While the homes the defendant’s issued loans for may have been build on solid ground, the defendant’s lending practices were built on quick sand. Ultimately prudence was trumped by profit, and good faith took a back seat to good fees.”

A representative from Deutsche Bank stated the charges against them were “unreasonable and unfair”.  The governments complaint stated that more than forty thousand loans were issued by Deutsche Bank during a ten year period from 1999 to 2009. These loans have a face value of more than five billion dollars.  The government alleges that as a result of Deutsche Banks loan program, there was numerous defaulted loans which have cost the United States taxpayers more than one billion dollars.

New York Foreclosure Defense and Bankruptcy Attorneys

There are a variety of ways to fight foreclosures. They can be litigated in the State Court where the lawsuit is brought. Defenses such as predatory lending, defective foreclosure lawsuits, defective mortgages, violation of federal laws related to foreclosure and other real estate defenses can be raised in the state courts. Applications can also be made for mortgage modifications to entice the financial institution to back off on the foreclosure proceedings.

In addition to the state based actions, families whose homes are in foreclosure can file foreclosure related bankruptcies. The bankruptcies filed are either a Chapter 7 or Chapter 13 bankruptcy. These are two types of bankruptcy that apply to consumers. Filing the bankruptcy stops foreclosures from moving forward, ends debt collection and sometimes eliminates second mortgages. At the end of the bankruptcy the individuals filing can re-establish their credit.

Should you have questions as to the best route for you to take to save your home, call us, we’ll provide you with a free consultation and discuss your foreclosure defense options. You are on the Elliot Schlissel foreclosure blog and we thank you for visiting with us.

Illegal Foreclosures on Homes Owned By Military Personnel

Banks, mortgage companies and other financial institutions have been illegally foreclosing on homes owned by men and women actively serving in the military  of our country. Men and women in the Armed Services of the United States are supposed to be protected by the Servicemembers Civil Relief Act. This is a law designed to protect members of the Armed Services who have financial difficulties. This federal statute prevents foreclosure on properties owned by men and women on active duty in the military of the United States. Foreclosures in violation of the Servicemembers Civil Relief Act are punished by the justice department’s civil division.

Fifty Illegal Foreclosures of Property Owned By Members of the Military

In a recent report the General Accountability Office of the United States government has disclosed that they have found more than fifty wrongful foreclosures of homes owned by members of the military. These foreclosures have been undertaken by 14 of the largest banks in the United States. Al Franken, the democratic senator from Minnesota, stated “the idea of wrongfully forcing service members families from their homes while their loved ones are risking their lives to protect our country, is not only unconscionable, it’s illegal.”

In February of 2011, JP Morgan Chase disclosed it had improperly foreclosed on 18 homes owned by military members. The bank has recently either rescinded the foreclosure sales or reached a financial settlement with a dozen of these military borrowers. JP Morgan Chase’s chairman, Jamie Dimon, referred to these foreclosures as “a painful apparition.” Recently JP Morgan Chase has found another 30 situations where they may have illegally foreclosed on service members homes.

Protect Your Country and Lose Your Home

Men and women who are risking their lives in the armed services of the United States should be protected from having their loved ones thrown out of their homes and the home sold in foreclosure!

Lawyers Helping Victims of Foreclosure

We help families whose homes are being foreclosed. We assist our clients with mortgage modifications and dealing with mortgage modification programs that fail to meet their needs. We litigate violations of federal laws regarding foreclosure,  predatory lending issues, defective foreclosure lawsuits, real estate related issues and defective mortgages. We attend foreclosure court conferences for our clients.

We file foreclosure related bankruptcies, such as Chapter 7 and Chapter 13 bankruptcies for our clients. At our initial consultation we discuss the types of bankruptcy that are available and why the situation may require the filing of a bankruptcy petition. At the end of the bankruptcy case we explain to our clients how to re-establish their credit. It should be noted that bankruptcies stop foreclosures and also stop debt collection activity. Feel free to call us for a consultation. Thank you for visiting our foreclosure defense blog.

Foreclosure Horror Story

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.

Fixing Up Your Home for Sale

Do you want to sell your house? If the answer is yes, you may want to consider fixing it up to make it more sale worthy. It may be necessary to modernize or improve certain aspects of your home or to upgrade your property to make it more marketable in the over crowded real estate market.

How Much Should You Spend

The rule of thumb with regard to spending to make your home more marketable is to spend no more than one or two percent of your home’s value. There are various things you can do to make your home more marketable.

Kitchen Appliances

Your kitchen appliances should match each other (hopefully, this is not the first time you have heard this suggestion!). Attractive, stainless steel kitchen appliances or color coordinated kitchen appliances make the kitchen more presentable.

Landscaping

Real estate brokers talk about the concept of curb appeal. When a purchaser walks towards your home, do they like what they see? Your gardening should be neat and attractive. Shrubs should not be overgrown. Weeds should be removed from your lawn. Flowering shrubs, flowers and attractive pots also add to the curb appeal of your home. You may have to hire a gardener to obtain this look.

Painting

Homes with fresh coats of paint in their rooms have a cleaner, more attractive look. Stick to neutral colors, such as off whites or baige. Take a look at your moldings. Are they scratched or beaten up? Replacing or repairing and painting moldings adds a finishing touch to a room.

Storage Space

Perspective purchasers like to see organized storage areas. Make sure your closets and storage areas are neat and organized. Buyers will be looking into them! Closet systems can be an inexpensive upgrade.

Bathrooms

The grout around your toilets and your bathroom tiles should not be discolored, cracked, uneven, and there should be no missing grout. Beat up toilets and black grout have a negative impact on prospective purchasers. You don’t have to remodel your entire bathroom. Just fix it up and make it more attractive! If the shower head is dirty or rusty, replace it! Take a look at the light fixtures in your bathroom. Are they out of date, dirty or damaged? If so, upgrade and replace them with new, attractive light fixtures.

Selling Price

The minor upgrades, enhancements and fixing-up suggestions in this article may help you sell your home. However, in today’s market, one should be realistic as to what a home is worth. Your home is worth only what someone else will pay for it. Real estate values are based on numerous factors, including supply and demand. If you want more money than the market values your home at, you’re making a mistake. If you want to sell your home now, take the best reasonable offer! Do not be greedy!

Foreclosure Help in New York

Our office assists clients with mortgage modifications. We deal with mortgage modification programs that fail to meet our clients needs. We litigate defective foreclosure lawsuits, predatory lending issues, defective mortgages and bad faith by financial institutions. Our office has been involved in handling real estate matters for more than three decades. We also maintain a foreclosure blog. We advise our clients whether filing a Chapter 7 or Chapter 13 bankruptcy is necessary to stop their foreclosure proceedings from moving forward. We assist our clients in stopping foreclosure and sometimes we can help eliminate second mortgages. If a bankruptcy is filed at the end of the bankruptcy, we can help our clients reestablish credit. Feel free to contact us for a free consultation.

Underwater Mortgages Keep Rising

The high level of unemployment in the United States, coupled with the increasing foreclosure rate, is leading to a reduction in the value of homes. The percentage of Americans who owe more on their mortgages than the value of their homes continues to rise. This is causing more and more homes to be underwater. “Underwater” refers to a home having a greater mortgage indebtedness on it then its actual value.

There are 11 million families, which represent 23% of all foreclosures in the United States, that have mortgages that were underwater during the last quarter of 2010. That was an increase from the previous quarter, in which 22.5% of the homes in foreclosure in the United States were underwater. This is the third quarter in a row where the number of homes underwater have increased.

Underwater Mortgages Leave Homeowners with Few Options

When the mortgage on a home is underwater, a homeowner has few options. The homeowner won’t be able to qualify for mortgage refinancing. They simply must continue making the payments on their property and hope that it will eventually start appreciating in value and be worth more than the indebtedness on it.

Experts expect that home prices will continue to fall throughout the 2011 calendar year. The greater the percentage of homes in a given area that are underwater, the more significant impact they have on the valuation of homes in general for that area. As homes in a locality fall into the category of being underwater, they tend to bring down the values of the neighboring homes too.

Purchasing a Home in Today’s Market

To obtain a conventional mortgage, most financial institutions require the perspective homeowner to put down 20% of the purchase price of the home. In today’s economic situation in the United States, with falling salaries, high unemployment and high foreclosure rates, few perspective homeowners fall into this category. The down payment requirements for prospective new home buyers is having a negative effect on the housing market. President Obama’s administration seeks to have all perspective homeowners provide a minimum of a 10% down payment before they can obtain a conventional mortgage that is guaranteed by either Fannie Mae or Freddie Mac.

The amount of negative equity in the United States in the last quarter of 2010 increased from $744 billion nationwide to $751 billion nationwide. This is a major step in the wrong direction! Families, at one time, measured their wealth by the equity in their home. Today, home ownership means you have an asset that is decreasing in value!

Foreclosure Defense Attorneys on Long Island

The Law Offices of Schlissel DeCorpo handles foreclosure defense litigation. We submit detailed answers to summonses and complaints filed by financial institutions. We litigate defective foreclosure lawsuits, predatory lending, defective mortgages and bad faith by financial institutions. Our office in experienced in handling real estate litigation. If a case is in litigation, our attorneys will attend foreclosure court conferences on behalf of our clients. We also maintain a foreclosure blog that contains articles concerning foreclosures, mortgage modification issues and other issues effecting homeowners. We also file Chapter 7 and Chapter 13 bankruptcies which stop foreclosures and can have an impact on eliminating second mortgages. We can also assist our clients in re- establishing credit.

Feel free to call us if you are having difficulties with your financial institution, paying your mortgage or in dealing with a foreclosure issue.

The Real Cost of Home Ownership

Individuals and families purchasing their first home usually ponder over how large a mortgage they can afford to pay. There are a variety of other costs that should be taken into consideration when purchasing a home. Homes require maintenance. Appliances break, roofs leak and there are numerous other types of maintenance problems homeowners must anticipate. These include landscaping, pest control, plumbing problems and the maintaining of the heating and air conditioning systems. These costs must be taken into consideration when purchasing a home.

Utilities

Homes must be heated and in the summer they may need air conditioning. The price of fuel oil and gas have been going up for the past few years. You should obtain the expense records from the previous owner for the utilities including heating, gas, oil and electric before purchasing a new home. These costs should be built into your monthly budget.

Homeowners Insurance

It is necessary to maintain casualty insurance on your home. This would repay either you or the bank should your home be damaged in a fire or through other circumstances. Sometimes this expense is built right into the mortgage payment. If you’re paying this expense directly, you should take this into account when budgeting for a new home.

Home Improvements

When a car gets old, you either fix it or you purchase a new car. When you own a home, besides from maintaining it, sometimes it becomes necessary to make improvements to maintain your quality of life. Home improvements involve planning, time and money.

Emergency Fund

One never knows when an emergency will take place. In these situations, it’s important to have a nest egg to bide you over during an emergency.

New York Foreclosure Defense

If your home is in foreclosure, you need a foreclosure defense lawyer. Call us. This is what we do! We litigate numerous foreclosure defense issues including, but not limited to, defective foreclosure lawsuits, predatory lending, bad faith, defective mortgages, and other real estate related issues. We attend court conferences on behalf of our clients and we keep them up to date concerning the status of the foreclosure. We handle mortgage modifications for our clients and we deal with mortgage modification programs that fail to meet our clients needs. When appropriate, we also file Chapter 7 or Chapter 13 bankruptcies on behalf of our clients. If you have a mortgage related problem call us at 516-561-6645, 1-800-344-6431 or 718-350-2802.

Credit Consequences of Foreclosure and Deficiency Judgments

Foreclosure And Deficiency JudgmentsFamilies facing foreclosure are concerned about being thrown out of their homes. Credit issues and concerns about deficiency judgments are secondary. When a bank initiates a foreclosure proceeding, they file a lis pendens on the property. A lis pendens filing notifies all prospective purchasers that the property is in foreclosure. This has the effect of making the title to the home unmarketable. This means the foreclosure proceeding must be dealt with before the house can be sold.

Late Mortgage Payments

Each time a mortgage payment is paid late, the financial institution notifies credit reporting agencies concerning this late payment. When mortgage payments are not made, credit reporting agents are also provided this information. Each late payment and each non-payment has a negative effect on credit ratings.

Sale of Property

At the end of the foreclosure proceeding the home is sold. Courts usually appoint referees in New York to sell these homes. If the financial institution does not receive enough funds from the foreclosure sale to pay off the mortgage in total, they may enter a deficiency judgment against the homeowner. The deficiency judgment is the portion of the mortgage that was not paid from the proceeds of the foreclosure sale. For example, if your home sells for $200,000 in the foreclosure sale and you owe $250,000 on your mortgage, the bank can enter a judgment against you for the $50,000 deficiency. This is called the deficiency judgment.

Avoiding Deficiency Judgment

There are a variety of ways to avoid deficiency judgments. You can enter into an agreement with the bank to have a short sale. This is when the bank agrees to forgive the balance of the mortgage not covered by the sale. You can also turn your house over to the bank by a deed in lieu of foreclosure, with the bank agreeing to forgive any deficiency from the sale of your home. Should your house be in foreclosure, it is important to consult with a knowledgeable attorney to avoid being subject to a deficiency judgment.

New York Foreclosure Defense

Losing your home in foreclosure is a scary prospect. Having an experienced foreclosure defense lawyer will not only help you in court it will give you piece of mind. Our office litigates foreclosure defense matters on behalf of our clients. We attend foreclosure court conferences. We litigate all types of real estate related issues including, but not limited to, predatory lending, defective foreclosure lawsuits, defective mortgages and bad faith on behalf of financial institutions. We maintain a foreclosure blog to update the general public concerning issues involving foreclosures, mortgage modifications and real estate matters. We also file Chapter 7 and Chapter 13 bankruptcies to deal with foreclosure problems. Call us we can help you!

Cities With High Foreclosure Rates

Cities With High Foreclosure RatesLas Vegas, Nevada and Phoenix, Arizona are running neck and neck for the title of having the highest foreclosure rates in the United States of America. Although it has been widely written about these two cities enormous foreclosure rates, there are numerous other small cities in America that have similar problems.

Albuquerque, New Mexico

Albuquerque is a city of approximately 500,000 people. They have a foreclosure rate of one in every forty-six homes. During 2010, their foreclosure rate increased by over 60%. Albuquerque was one of the fastest growing metropolitan areas in the continental United States. It has a warm climate and, for many years, it had a very favorable job market. Albuquerque has been devastated in recent years due to the falling economy.

Albuquerque is suffering from a high unemployment rate. More than 13% of all of construction jobs were lost in Albuquerque during 2010, pursuant to the Associated General Contractors of America. High lay-offs in the construction industry contributed to Albuquerque having a high foreclosure rate.

Savanna, Georgia

Savanna is a beautiful city. It is known for its beautiful old south architecture. The city has a population of approximately 350,000 people. Unfortunately, one in every forty homes is in foreclosure. This amounts to a home being in foreclosure on every three blocks in the city of Savanna. In 2010, Savanna’s foreclosure rate increased by 37%. Some homes in Savanna are now selling for less then $50,000. The cost of the raw materials to build these homes would be more then double this amount!

Tulsa, Oklahoma

Tulsa has a population of about a million people. One out of every fifty homes in Tulsa is in foreclosure. This amounted to a 37% increase during the 2010 calendar year. Although the unemployment rate in Tulsa has been below the national average for the past few years, the foreclosure rate has been increasingly high. Job losses in Tulsa increased by 38% in 2010.

Myrtle Beach, South Carolina

Myrtle Beach, South Carolina, is dependent on vacation home buyers. It is a vacation destination for the majority of the families who spend time there. In 2009, the unemployment rate was over 12% for this city. The unemployment rate dipped to 11.8% in 2010.

During 2010, there was an increase of approximately 45% in the amount of homes going into foreclosure. This is a small increase compared with the increase of 446% for foreclosures in 2009. The huge foreclosure increases in 2009 and 2010 is indicative of the fact that Myrtle Beach is a tourism dependent community. When Americans have financial difficulties, they have less discretionary funds to spend on vacation homes and tourism.

Foreclosure rates throughout the United States are causing pain in many communities. This will delay the economic recovery in the United States.

Stop Foreclosure In Its Tracks

There are legal defenses to foreclosure lawsuits. We litigate foreclosure lawsuits. We assist our clients with mortgage modifications. We attend foreclosure court conferences on behalf of our clients. We litigate defective mortgages, predatory lending issues and defective foreclosure lawsuits. We advise our clients as to whether Chapter 7 or Chapter 13 bankruptcies are the appropriate means to deal with their financial situations.

Read our foreclosure blog. It will help you understand the nature of the foreclosure crisis in the United States and the fact that there are things that can be done to keep you and your family in your home. Feel free to call our foreclosure defense and real estate attorneys at 516-561-6645, 1-800-344-6431 and 718-350-2802 for a free consultation. Call us now, our phones are answered 24/7.

In January 2011, Fewer Mortgage Modifications Were Granted

Mortgage Modifications Were GrantedFinancial 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.

Home Prices Decline in Large Cities

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.

Home Prices Decline In Large CitiesUneven 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.

Home Prices Decline In Large Cities-2New 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.

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

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