Part II: Other Financial Institutions Deny Mortgage Modifications For Fictitious Reasons

foreclosure defense attorneyChris Wyatt, who had previously worked for Goldman Sacks subsidiary, Litton Loan Servicing, claimed the company occasionally conducted “denial sweeps.” The purpose of the denial sweep was to reduce the backlog of pending applications for mortgage modifications. In these cases, the mortgage modifications were also denied for fictitious reasons.

The Bank of America employees claimed their supervisors encouraged them to provide false information to homeowners. Simone Gordon stated “we were told to lie to customers and claim that Bank Of America had not received documents it had requested.” “We were told that admitting that the bank received documents would open a can of worms.” She claimed the problem that would occur is that the bank would look to be deficient in its underwriting of mortgage modifications.

These mortgage modification applications were supposed to be underwritten within 30 days. The Bank did not have the appropriate staffing to handle the volume of modifications. It was simply easier to just deny them and make up a reason. Simone Gordon worked for Bank of America from 2007 to 2012 as a senior collector. Simone further advised the court that homeowners who were anxious to find out the status of their mortgage modification applications were told their applications were “under review.” They were told this even though nothing had been done for many months with regard to the processing of their applications. In some situations, the homeowners were told their mortgage modification applications were under review when they had already been denied.

Employee’s Rewarded For Denying Mortgages

Simone Gordon’s affidavit states the employees of Bank of America were rewarded when they denied applications and sent the homeowner’s homes to be foreclosed upon. She stated that collectors “who placed ten or more accounts into foreclosure in a given month received a $500 bonus.” There were additional incentives given to employees. They received gift cards to retail stores and restaurants.foreclosure advocate for homeowners

Increased mortgage modifications have scaled foreclosure down

foreclosure defense lawyerThe rate of mortgage modifications has taken an upward turn again to relieve homeowners from foreclosure. As per the recent statistics, during April to June this year, around 204,000 homeowners have already qualified for permanent loan modification. Among all, nearly 160,000 homeowners have obtained proprietary loan modification and 44,860 homeowners have been able to modify mortgage loans by using the Home Affordable Modification Program or HAMP. Numerous mortgage servicers have assisted homeowners thoroughly in mortgage modifications and made it possible to achieve this mark in just 3 months.

As the data suggests, since 2007, the situation has taken a positive turn. More than 6.52 million permanent loan modifications have been completed successfully. Among the 6.52 million, 5.31 million loans are under the proprietary programs and approximately 1,223,449 modifications are under the HAMP. The development is great indeed and it’s expected that by next few years it’ll be possible to control the foreclosure effectively enough.

The steady increase in mortgage modification has already reduced the number of short sales and foreclosure in the course of time. In the second quarter of this year, around 329,000 foreclosures have been recorded. This is lower than the previous quarter which encountered 472,000 foreclosures. There is a considerable 30% drop in the foreclosure count. In 2012, during the second quarter, 527,000 foreclosures took place. So, in one year the total number of foreclosure has dropped by 38%. Not only foreclosure, but there is a reduction in short sales also. In the second quarter, total 81,000 short sales have been recorded which is lower enough in comparison to the last quarters’ 84,000 count. So, short sales have also reduced by 3%. In 2012, 107,000 short sales were completed.

During the first quarter of 2013, 162,000 foreclosures were completed. After increased number of mortgage modifications, the number of foreclosure was 158,000 in the second quarter. There is a 2% reduction in the overall count since last quarter. Exactly one year ago, in the second quarter of 2012, around 185,000 foreclosures were completed. So, in one year, there is a huge reduction of 15% in foreclosure count.
Short sales have reduced by 25% and foreclosure around 15% in the last one year. If you’ll evaluate the numbers according to months, then you’ll be able to detect the gradual change. In May 2013, almost 115,000 foreclosures were recorded. In June the number came down to 97,000, a 16% reduction. There is a 7% reduction in number of short sales also.

All the surveys and their results are indicating to a positive change in the mortgage market. The number of mortgage delinquencies are reducing as per the records but there is perhaps more to check than just figures. Market experts are however hopeful about the whole progress. The vice president of RealtyTrac, Daren Blomquist has stated that marketers are trying their level best to find a way through the numerous bad loans and assist troubled homeowners accordingly. Apart from that, the property prices are also going low now. The curtailed property prices have made it possible for the troubled homeowners to save their homes through mortgage modification.

Blomquist also added, “Lastly, the persistent foreclosure prevention efforts over the past few years have waged a war of attrition on the foreclosure problem, helping to keep a lid on foreclosure activity”. The positive decline in the foreclosure count has definitely made the things more favorable for the homeowners. However, it’s difficult to assume that for how long the situation will be favorable for the homeowners. It’s essential for homeowners to be alert and make the most of the favorable market condition.

Anjelica Cullin, Financial Writer

Foreclosures Increase In May 2013

foreclosure defense lawyersFinancial institutions have gotten more aggressive with regard to foreclosing on homes. The foreclosure rate jumped approximately 11% nationally in May of 2013. In more than 33 states, the foreclosures rates were higher in May of 2013 than earlier in the year.

Demand For Homes Increase

The demand for homes by prospective purchasers’ is increasing in the United States. This had led to an increase in the prices homes on the market are selling for. On an annualized basis, home prices increased more than 12% in April of 2013. This is the single largest gain in sales prices of homes since February of 2006.

Foreclosed Homes On The Market

Foreclosed homes taken back by banks and other financial institutions have been selling faster than in the past. Darren Bloomquest, the Vice President of Realty Trac, recently stated the flood of bank-owned homes entering the marketplace is bad news for home owners. “For homeowners who are current or own their own homes outright, this could slow down the recent rapid rise in home price appreciation, which could mean the value of their homes is not going up as quickly in the short term.”

Underwater Homes

As of March 2013, approximately 20% of all homes in the United States with a mortgage against them were underwater. Although there has been a decrease in the number of homes worth less than their mortgages, it is still an extremely high percentage of homes in the United States.

Foreclosed Homes

In May of 2013, approximately 39,000 homes were taken back by financial institutions in foreclosure proceedings. It is estimated more than 500,000 homes will be foreclosed and taken back by financial institutions in 2013. Although this is a very high number, it is still below the 617,000, taken back by financial institutions in foreclosure lawsuits in 2012.assistance for homeowners

Courts Impact On The Foreclosure Crisis

Many foreclosure actions spend years tied up in court. This is caused by lenders losing the note. Lenders also have been guilty of sloppy record keeping, loss of documentation of their standing to sue and other violations of court rules and statutes.

Foreclosure lawsuits today, in many situations, are not initiated by the original lenders. The parties bringing the foreclosure action received the mortgages after a series of transfers. It is estimated, millions of mortgage notes have been lost or misplaced. For a lender to bring a foreclosure proceeding it must be the holder or the assignee of both the mortgage and the note.

Show Me The Mortgage Note Defense

Defense lawyers in foreclosure actions now utilize a “show me the note” defense. This has allowed defaulting borrowers to hold off the foreclosure proceeding from going forward while the foreclosing lender or servicing organization looks for the note. Sometimes while looking for the note, they ascertain they do not physically hold the note and they cannot find out where it is.

How Courts In New York Handle Cases Involving Lost Mortgage Notes

Courts in New York can proceed with foreclosure proceedings even without a mortgage note. To accomplish this, the lender must show to the Court it owns the note. They must present to the Court the facts preventing the production of the note and present to the Court the terms of the note. The lender has to provide the Court with a detailed explanation of the note’s chain of transfers. This is to prove that the prior note holders had the intention to transfer the mortgage and that the current note owner is the rightful recipient of the mortgage.

Financial Institutions Proving Ownership Of The Notes

For financial institutions to prove the ownership of the note they must produce a valid assignment of the note or, in the alternative, they must show the note was physically hand delivered to them. Determining what actually constitutes the physical delivery of the note may vary on a case to case basis.

Lost Mortgage Notes

If the lender can demonstrate to the Court it owns the note it then must provide the Court with a logical explanation of why the note was lost. The lender has the burden of proving the terms of the lost note. To prove this, the lender must provide the Court with information concerning the name of the last holder of the note, the name of the borrower, the name of the person who signed on behalf of the borrower, the type of note, the effective date of the note, the value of the note, the payment terms of the note, the loan number and currently how much is unpaid under the note. The person providing evidence of this information must have personal knowledge of all of this information.

Conclusion

Lenders have heavy burdens to meet before they can successfully bring foreclosure proceedings in New York State Courts when they can’t produce the note or provide documentation of the assignment of the note.

Should You Buy A Foreclosed Property?

In foreclosure situations the bank brings a foreclosure action against a home owner.  Sometimes, after many years, the bank successfully takes title of the home. They evict the family who lived in the home.  There can be significant financial benefits from buying a foreclosed home.  However, there are also a variety of potential drawbacks.

Was The Home Properly Maintained?

If a homeowner was unable to make his or her mortgage payments there is a substantial possibility that the home was not maintained very well.  Homeowners who can’t make mortgage payments don’t improve their homes and often don’t fix things that break.  There is also the possibility that the homeowner, when he was being evicted, engaged in malicious conduct damaging the home.

The following is a list of things you should look for before purchasing a foreclosed home:

  1. Is the home neat and clean? Sometimes bank foreclosed homes have been sitting empty for long periods of time.  No maintenance or cleaning has been done and the houses have fallen into disrepair.
  2. Is the home legal? Sometimes homeowners modify, extend, and change their homes without getting the appropriate approval from their local building departments.  This makes title unmarketable.  In the foreclosure process whether the title is marketable or not does not come up.  However if you buy the home and thereafter you decide to sell it you will be responsible for legalizing the home.  This can involve thousands of dollars of modifications, application fees and legal work.
  3. Has the home lost electricity? If the home was vacant for a long period of time and the electricity was cut off this can have a negative impact on the electrical appliances in the house.
  4. Water damage. If there have been leaks in the home while it was empty it is possible that the home has suffered from water damage.
  5. Low quality upgrades to the house or poorly done repairs. Sometimes the homeowners are short on money, they take short cuts when the upgrade, modify or repair their homes.  The expression “A stitch in time saves nine” may apply in these cases.  These poorly done upgrades or repairs may not last very long.
  6. Overgrown property.  Homeowners who can’t afford to maintain their homes often fail to maintain their yards and lawns.  The property may be overgrown and/or may require extensive landscaping.
  7. Vandals.  Homes that are empty have a higher propensity to be vandalized than homes that are occupied residences.  Vandalism can involve individuals breaking in to homes, breaking windows, damaging walls, and removing pipes in the basement to sell the copper or brass.

Although there are bargains to be had in buying foreclosures, be careful!  You should carefully inspect the home before purchasing it.  It is suggested that, you have an engineer write an engineering report on your home before buying a foreclosure.  The price may be cheap on a foreclosed home but the real question is have you bought a bargain or a money pit!

Buyers Are Still Wary Of Purchasing Homes In New York

The housing market on Long Island did not improve in the month of January 2012. According to Multiple Listing Service on Long Island the median sales price of a home in Nassau County  fell 6.1% between January 2011 and January 2012.  This brought the median home price down from $410,000 to $385,000.  During the same period of time homes in Suffolk County fell 5.2%.  With the median price going from $313,000 to $296,800.  The volume of homes that were sold also was reduced.

James Retz, a Vice President at Daniel Gale Sotheby’s International Realty in Cold Spring Harbor, stated with regard to the real estate market on Long Island it is “showing a lot of life, but there’s still a lot of caution.”

High Foreclosure Rates

The high foreclosure rates on Long Island continue to have a negative impact on the sales price of homes.  There are simply too many homes on the market in Long Island.  When you have a lack of equilibrium between the amount homes listed to be sold and the number of purchasers interested in buying homes the market will continue to go down.

Conclusion

It is still a difficult time to sell a house and buyers who are in the market today can obtain substantial bargains.

Real Estate Lawyers

The Real Estate Lawyers at the Law Offices of Schlissel DeCorpo can help you if your home is in foreclosure or if your home is heading toward foreclosure.  We can represent you at foreclosure court conferences.  We can submit foreclosure defenses in litigation brought by financial institutions against you.  A commonly utilized pleading involves defenses such as defective foreclosures, predatory lending, foreclosure fraud, and other real estate related defenses.  We can also help you with regard to a forensic audit with regard to your mortgage.  Call us and we will discuss your foreclosure options with you.
An additional option when faced with foreclosure is filing a Chapter 7 or Chapter 13 bankruptcy.

Our attorneys are available to discuss foreclosures related to bankruptcy with you.  Feel free to call us.

Robo-signers Indicted In Nevada

The State Attorney General in Nevada has recently indicted two individuals in a “massive” robo-signing foreclosure scam. The scammers were indicted with regard to falsification of foreclosure related documents. The State Attorney General’s office in Nevada believes that these two individuals were responsible for thousands of homes being wrongfully foreclosed on.

The individuals involved were California residents. Their names were Gary Trafford and Gerri Sheppard. They are facing numerous charges related to the falsifying of thousands of foreclosure documents in Nevada between the years of 2005 and 2008. They had been working during this period for Lender Processing Services, a mortgage servicing company. According to Nevada Deputy Attorney General, John Kellher, the “Grand Jury found probable cause that there was a robo-siging scheme which resulted in the filing of thousands of fraudulent documents.” It is estimated that Lending Processing Services is responsible for more than half of all mortgage processing in the United States. The company, which has more than eight thousand employees, has acknowledged that there have been flawed procedures with regard to the preparation and signing of mortgage related documents.

Foreclosure Defense Lawyers

The attorneys of the Law Offices of Schlissel DeCorpo blend a wealth of legal experience and legal know how concerning issues involving foreclosure defense, mortgage modifications, forensic audits, defective mortgages, defective foreclosure lawsuits and predatory lending issues.

In the appropriate situations, we advise our clients with regard to foreclosure related bankruptcies. These bankruptcies can be either Chapter 7 or Chapter 13. The filing of a bankruptcy can eliminate second mortgages, stop foreclosures, stop debt collection practices and stop creditor harassment.

Call us for a free initial consultation where we will discuss your foreclosure options as well as bankruptcy options.

Analyzing Mortgage Applications

How large a mortgage can you afford? The size of a mortgage you can qualify to obtain will determine how much you can spend on purchasing a home. There are a variety of different factors looked at by banks when analyzing mortgage applications.

Debt – to – income Ratios

What is a debt to income ratio? There are two types of debt to income ratios. A front – end debt to income ratio and a back – end debt to income ratio. The front – end and back – end debt to income ratios are utilized by mortgage lenders during the mortgage application process. A front – end debt to income ratio is in reality a housing expense calculation. The theory is how much of an individual’s or family’s gross (pre tax) income can be utilized to make mortgage payments on a monthly basis. This front – end debt to income ratio usually runs between 28% and 33% of an individual’s or family’s income. This means that the financial institution will not approve your mortgage application if your debt to income ratio goes beyond the financial institution’s guide lines. This specifically applies to conventional loans and Federal Housing Authority (FHA) loans.

Back-end Debt to Earnings Ratio

The back – end debt to earning ratio is the percentage of you or your family’s gross (pretax) monthly income that will be utilized for debt service for your financial obligations. Financial obligations include your proposed mortgage, credit card bills, car loans, child support, and all other types of financial indebtedness in this ratio. The back – end debt to income ratio utilized by financial institutions in their mortgage underwriting process is usually between 36% and 40% of your gross monthly income. This means if your proposed new mortgage and other debts are more than 40% of your gross income, you will most likely get turned down for your mortgage application. In situations where there are assets in the bank and very high credit scores, financial institutions have been going as high as 48% on the back – end debt to income ratio.

Before you submit a mortgage application, you should calculate your front – end and back – end debt to earnings income ratios. This will give you a better idea as to whether you will qualify for the mortgage you are applying for.

Foreclosure Defense Lawyers

First you get the loan, then you start making payments to the loan. But what happens if your financial situation changes? If you lose your job, become disabled, are downsized or have other financial problems, you may find yourself in a foreclosure situation. Do not dispair. The Law Offices of Schlissel DeCorpo has been helping families deal with foreclosure problems for the last 45 years.

We provide all aspects of foreclosure defense. We attend foreclosure court conferences on behalf of our clients. We litigate issues such as defective foreclosure lawsuits, predatory lending, defective mortgages and other significant real estate related defenses. We’ve developed an expertise concerning federal laws and foreclosure.

We can also help you deal with foreclosure-related bankruptcy issues. Filing either a Chapter 7 or a Chapter 13 bankruptcy may be necessary to deal with the foreclosure on your home. If you file bankruptcy, you can eliminate second mortgages in some situations, stop foreclosure, stop other debt collections practices and at the end of the bankruptcy, action can be taken to re-establish your credit. Feel free to call us for a consulation. Our phone numbers are 1-800-344-6431, 516-561-6645 or 718-350- 2802. Thank you for visiting our foreclosure defense blog.

Federal Housing Finance Agency to Sue Large Banks

Fannie Mae and Freddie Mac are overseen by the Federal Housing Finance Agency. This agency is moving forward to sue more than a dozen of the largest banks in the country. The banks allegedly misrepresented information concerning mortgage securities they had sold during the course of the housing bubble. The lawsuit seeks several billion dollars in compensation. It is estimated that Fannie Mae and Freddie Mac lost in excess of 30 billion dollars during the real estate bubble.

Attorney General Negotiating Settlement

In addition to this lawsuit, all 50 State Attorney Generals are in the process of negotiating a settlement that deals with the abuses of the large banks, including Bank of America, JP Morgan and Citibank, with regard to the mortgage process. It is anticipated the banks will pay in excess of 20 billion dollars in fines and penalties as a result of the negotiations with the Attorney General.

American International Group (AIG) Lawsuit

American International Group has brought litigation against Country Wide Financial, Bank of America and Merrill Lynch. They claim they misrepresented information concerning mortgage backed securities.

Foreclosure Defense

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

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

Bankruptcy and Foreclosure

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

Subprime Loans

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

Federal Programs Dealing With Unemployment and Foreclosure

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

Bank Bailout Program

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

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

Home Affordable Mortgage Modification Program (HAMP)

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

Department of Housing and Urban Development Program

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

Conclusion

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

Bankruptcy and Foreclosure

We are foreclosure defense lawyers. We help homeowners stay in their homes, even when they’re in foreclosure. We assist homeowners with mortgage modifications and mortgage modification programs that fail to meet their needs.

We litigate predatory lending issues, defective foreclosure lawsuits, defective mortgages and issues involving federal laws and foreclosure. We attend foreclosure court conferences on behalf of our clients. We discuss foreclosure related bankruptcy issues.

In the appropriate circumstances, we file Chapter 7 and Chapter 13 bankruptcieson behalf of our clients. We discuss with our clients why bankruptcy filings will be helpful to them and the types of bankruptcies available to them. Filing bankruptcy can stop foreclosures from moving forward and stop debt collection from collection agencies and collection lawyers. At the end of the bankruptcies, we can help our client in re-establishing credit. We appreciate your spending time on our foreclosure blog.

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