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Banks Delaying Foreclosure Proceedings

June 2, 2011 by

Banks Delaying Foreclosure ProceedingsThe number of foreclosures in the Metropolitan New York area has been going down for approximately six months. This has been caused by massive delays in financial institutions processing foreclosure proceedings. Banks and other financial institutions have been hurt by the negative publicity concerning robo signers and improper and illegal foreclosure practices. They are now carefully reviewing each and every case before they send it out to their attorneys to initiate foreclosure proceedings. They are reviewing all of the mortgage related documents in each file to make sure that they have been handled in an appropriate manner before initiating a foreclosure litigation. There were 9% less foreclosures in April of 2011 than in March of 2011. In the United States, there were 219,258 foreclosures initiated during April of 2011. In addition, banks seized 70,000 homes in April. A representative of Reality Trac stated, “the slow down continues to be largely the result of massive delays in processing foreclosures, rather than the result of a housing recovery that is lifting people out of foreclosure.”

Foreclosure Proceedings Taking Longer

Each foreclosure proceeding in New York initiated during the first quarter of 2010 took more than 400 days from inception to completion. This is an increase of 60 days from the 340 days this process had taken in 2009. In 2007, it took approximately 150 days to move forward, from start to finish, with a foreclosure proceeding. As the number of foreclosure proceedings has dramatically increased in New York, the time for these proceedings to make their way through the courts has been increasing. It is estimated that new foreclosure proceedings could take as long as 2 ½ years to be concluded.

Home Prices Falling

Home prices are still falling through most of the country. In April of 2011, home prices fell below the March 2009 levels. This is the lowest point home prices have been in the past two years. Unfortunately, real estate experts do not feel the downward trend in home values will be ending in the near future.

Conclusion

The real estate market in the United States is in a sad state of affairs. Unless the real estate market comes back, the economy in the United States will continue to suffer.

fore1Foreclosure Help

The Law Offices of Schlissel DeCorpo provides foreclosure defense for clients in the Metropolitan New York area. We attend foreclosure court conferences for our clients. We litigate defective mortgages, predatory lending and defective foreclosure lawsuits. We deal with all types of foreclosure and estate problems. We educate our clients concerning foreclosure related bankruptcy proceedings, including Chapter 7 or Chapter 13 bankruptcy filings.

We advise and assist our clients concerning mortgage modifications and how to deal with mortgage modification programs that fail to meet the needs of the public. We can provide you with a free initial interview and we will discuss all of your foreclosure options and how to stop foreclosures from moving forward. Thank you for visiting our foreclosure blog.

Filed Under: Current Events, Foreclosure Defense, Mortgage Modification, Uncategorized Tagged With: , , , , , , , ,

Foreclosure Crisis Continues

June 1, 2011 by

Foreclosure Crisis ContinuesForeclosure rates are going down. April of 2011 was the seventh month in a row that the number of homes that banks and other financial institutions initiated foreclosures against declined. There were 34% less foreclosure proceedings brought in April of 2011 than in April of 2010. Although this seems like good news, it is not! Rick Sharga of Reality Trek recently stated that, even with the decline in the foreclosure rates, there were still 225,000 foreclosures initiated during the month of April. There are more than 3.7 million families that are more than 90 days behind on their mortgage payments. In the past, almost all of these homes would have been put into foreclosure. However, the large majority of these homes are still not in foreclosure. Banks are under a microscope by regulatory agencies concerning their foreclosure procedures. They are now making sure that they “dot their i’s” and “cross their t’s” on all new foreclosure proceedings they initiate.

Saturated Real Estate Markets

The current level of foreclosures have saturated most of the real estate markets in the United States. The banks are slowing down their foreclosure procedures to avoid having a further negative impact on the homes that are already on the market waiting to be sold.

Mortgage Modification

Due to the concern by many large financial institutions about further flooding of the real estate market, they have liberalized some of their programs on mortgage modifications. In March of this year, more than 75,000 mortgage modifications were granted by financial institutions. This represented a 26% increase in the number of new mortgage modifications approved by banks since February of 2011.

Declining Home Prices

As home prices continue to decline, more and more homes become under water (worth less then the amount of their mortgages). This unfortunately creates an incentive for mortgage holders to default on their loans and walk away from their homes. It is estimated that approximately 30% of all single family homes in the United States are currently under water. If banks put more homes into foreclosure, the number of homes that are worth less than the amount of the mortgages on them will increase and continue to accelerate the downward spiral in home values. Some experts are predicting that home values will decrease in 2011 by 7% to 9%.

Conclusion: The Housing Crisis is Far From Over

It is estimated that the market for single family homes will not return to a normal housing market until 2014!

Foreclosure Defense

The Law Offices of Schlissel DeCorpo is considered by many to be the premier foreclosure defense law firm in the Metropolitan New York area. We represent our clients concerning mortgage modifications and we deal with mortgage modification programs that fail. We litigate all aspects of foreclosure defense including, but not limited to, defective mortgages, defective foreclosure lawsuits, predatory lending and other real estate related defenses. We attend foreclosure court conferences for our clients. At the time of the initial consultation, we provide our clients with all foreclosure options, which also includes discussion of filing Chapter 7 and Chapter 13 bankruptcies, which stop foreclosures upon the filing. Feel free to call for a free consultation. Thank you for visiting our foreclosure blog.

Filed Under: Current Events, Foreclosure Defense, Mortgage Modification Tagged With: , , , , , , , , , , ,

Bad Neighbors Hurt the Value of Your Home

May 31, 2011 by

Bad Neighbors Hurt The Value Of Your HomeIf your neighbor is a slob, a sex offender or he maintains his property poorly, it can have a negative impact on the value of your home. Bad neighbors are individuals who lack the common courtesy, consideration and social values that are considered normal by the rest of the community. Business or governmental entities can also fall under the category of bad neighbors.

Neighbors Whose Homes are Foreclosed Upon

The largest single negative factor that drives down the value of single family homes is the foreclosure of other homes on the street. A study by the Massachusetts Institute of Technology has concluded that if neighbors homes are foreclosed on, it can bring the value of any home in the area down by as much as 27%. Federal Reserve Governor Joseph Tracy recently stated, “the growing inventory of the defaulted mortgages continues to weigh down any recovery in the housing market… problems in the housing market can impact on economic growth.”

Although homeowners don’t intentionally allow their homes to go into foreclosure, the fact that their homes are being taken back by the bank impacts on everyone in their locality. It is unfortunate that a family’s single largest investment can be negatively effected by other families in their area.

Conclusion

The foreclosure crisis hurts everyone in a community. It has a general impact on the home values of all homeowners in the surrounding area. It slows down economic growth, destroys equity and for the unfortunate families whose homes are foreclosed upon, it causes them to end up without a place to live.

Foreclosure Help

The Law Offices of Schlissel DeCorpo can help you with foreclosure issues. We can prepare mortgage modification applications and assist you with mortgage modification programs that fail to meet your needs. We litigate defective mortgages, defective foreclosure lawsuits, predatory lending and all other foreclosure and real estate related issues. We attend foreclosure court conferences for our clients. We draft and file foreclosure related bankruptcies. These bankruptcies can either be a Chapter 13 bankruptcy or Chapter 7 bankruptcy. At the end of the bankruptcies we assist our clients in re-establishing credit.

Our job is to stop foreclosures in their tracks. We have dozen of cases throughout the Metropolitan New York area pending and numerous satisfied clients. If you call us for a free consultation, we will meet with you at no charge and discuss your foreclosure options. Feel free to call us. We can help you! We look forward to seeing you again on our foreclosure blog.

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Leo Nordine, the Foreclosure King

May 27, 2011 by

Leo Nordine, The Foreclosure KingLeo Nordine of California has been referred to “the king of foreclosures.” Leo was a real estate agent in California. He has allegedly closed more than 4,000 real estate transactions. It is claimed that he is involved in over 300 real estate transactions a year. All of these transactions involve foreclosures!

Recent Interview of Leo Nordine

In a recent interview, foreclosure king Leo Nordine was asked about when the real estate market will bottom out. In his response, he stated that he felt the market had already hit a soft bottom. He talked about the slowdown by the Federal Government of the real estate foreclosure process. He claimed the government was slowing down the process to avoid putting the country into a depression.

He was asked if it was a good time for individuals to buy homes. He suggested that, instead of buying a home, individuals should save up their cash for a rainy day. He stated that he felt real estate prices will stay flat for approximately ten years. He suggested only buying a house if you plan on living in it and enjoying it. He suggested it would not be a good investment. He felt that for the real estate market to recover, the economy as a whole must first recovery.

Nation of Renters

Leo suggested that in the future a greater portion of the population of the United States will be renters, and not owners, of real estate. He claimed that the government had encouraged the American dream of the ownership of a single family home. He suggested that families should dream of renting in the future.

How To Sell a House Today

When Leo was questioned as to how to sell a home in the current real estate market, he suggested to make it as empty as possible. The house should be clean, bright and, most importantly, priced realistically! He stated that if the house isn’t priced to sell, no one will buy it!

New York Foreclosure Lawyer

If your home is in foreclosure in the Metropolitan New York area, we can help you. Our law office has been providing foreclosure defense for our clients for more than 45 years. We litigate defective mortgages, predatory lending and defective foreclosure lawsuits. We make court appearances for our clients and attend foreclosure court conferences. We assist our clients with mortgage modifications and mortgage modification programs that fail to meet consumers needs.

We discuss foreclosure related bankruptcy filings. This filing can either be a Chapter 7 bankruptcy or a Chapter 13 bankruptcy. Upon filing either of these bankruptcies, the Federal Bankruptcy Court issues an automatic stay that stops foreclosure proceedings in their tracks.

Call us for a free consultation. We will discuss all of your foreclosure options. Thank you for visiting our foreclosure blog.

Filed Under: Current Events, Foreclosure Defense, Mortgage Modification Tagged With: , , , , , , , , , ,

Home Ownership Now at 1998 Rates

May 24, 2011 by

Home Ownership Now At 1998 RatesThe percentage of Americans who own their own home has been slipping for many years. The percentage of Americans who live in their own home is now receded back to the rates that existed in 1998, according to recent census data. In the first quarter of 2011, home ownership in the United States slipped to 66.4%. This is on top of a reduction in the number of families who own homes in the fourth quarter of 2010 to 66.5%.

2005 Was The Apex of Home Ownership In the United States

In 2005, 69.1% of Americans owned their own home. The rate of home ownership in the United States has been steadily declining since 2005.

The American Dream

Owning a single family home has been the American dream during the 20th century. The Bush Administration and the Clinton Administration had policies to foster home ownership. Unfortunately, these policies were too generous and the American public manipulated these programs to create a real estate bubble in the United States. For the past three years, this real estate bubble has had a negative effect on the economy in the United States. The trend is starting to change in 2011 and hopefully in 2012, an election year, America will come out of it’s recession and real estate values will increase.

Foreclosure Defense Lawyer

We help clients whose homes are in foreclosure. We assist our clients with mortgage modification applications, as well as dealing with mortgage modification programs that fail to meet our clients needs. We have extensive experience in litigating all aspects of foreclosure proceedings, including, but not limited to, defective mortgages, defective foreclosure lawsuits, predatory lending, bad faith issues and foreclosure related real estate proceedings.

We attend foreclosure court conferences for our clients. We also provide clients with a list of foreclosure options. These options include foreclosure related bankruptcies such as Chapter 13 bankruptcy and Chapter 7 bankruptcy. Both of these bankruptcies immediately stop foreclosures from moving forward. If we file bankruptcy for our clients, we also can help them in re-establishing their credit at the end of the bankruptcy. Feel free to call us for a free consultation. We appreciate you spending time on our foreclosure blog.

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Thinking of Walking Away From Your Foreclosed Home? It May Not be a Good Idea!

May 16, 2011 by

Thinking Of Walking Away From Your Foreclosed HomeOne of the options facing families whose homes are in foreclosure is to simply pack up and leave. This is what Willard and Holly Brown did with regard to their foreclosed home in Clarkston, Washington. However, things did not work out well for them. It cost them $116,000!

Home Secured Small Business Administration Loan

Willard and Holly Brown took out a $200,000 Small Business Administration loan. The loan was processed by Wells Fargo Bank and it was secured by a mortgage on their home.

Homestead Exemptions

Most states have homestead exemptions with regard to a homeowner’s principal place of residence. However, it usually only applies to a family’s principal place of residence. When the Browns moved away from their home, they cut off the utility services. They advised the water company to “permanently shut off the water to the home.” They rented an apartment in Florida. The apartment had a one year lease on it. They also changed their car registrations to Florida and obtained Florida driver’s licenses.

Surplus Funds from the Sale of Their Home

At the foreclosure sale of the Brown’s home, there was $116,377 received in excess of the amount of the mortgage. Under the homestead exemption in the state of Washington, these funds would have gone to the Browns.

Waiver of Homestead Exemption

Wells Fargo Bank claimed that the Browns abandoned their home and therefore forfeited their homestead exemption. The Browns litigated this issue. The Court of Appeals in Washington State held that a homeowner is presumed to have abandoned his or her homestead when they have vacated the property for a period of six months or longer. The Browns claimed they were on an extended vacation in Florida and that Wells Fargo, their bank, was wrong in claiming they had abandoned their home. Unfortunately for the Browns, the Court of Appeals didn’t buy their argument. The Browns lost $116,377. The moral of this story is, before abandoning your home, you should look into your rights under your state’s homestead exemption.

New York Foreclosure Lawyer

The Law Offices of Schlissel DeCorpo represents individuals throughout the Metropolitan New York area concerning foreclosure defense issues. We help our clients obtain mortgage modifications and we deal with mortgage modification programs that fail to meet our clients needs. We also litigate defective mortgages, defective foreclosure lawsuits, predatory lending issues and foreclosure related bankruptcy issues. We meet with our clients at the time of the initial consultation and advise them all of their foreclosure options. These options include litigating the foreclosure and pressuring the banks to enter into a mortgage modification, as well as Chapter 7 and Chapter 13 bankruptcies. Call us for a free consultation. Thank you for visiting our foreclosure blog.

Filed Under: Current Events, Foreclosure Defense, Mortgage Modification Tagged With: , , , , , , ,

Military Divorces Being Investigated by the Justice Department

May 10, 2011 by

Justice DepartmentThe Service Members Civil Relief Act prevents financial institutions from bringing foreclosure proceedings against individuals in the United States Armed Forces. The Justice Department is currently investigating allegations that a division of Morgan Stanley that handles mortgages improperly foreclosed on more than twenty-four military families between 2006 and 2008, in violation of the Service Members Civil Relief Act.

Service Members Civil Relief Act

Pursuant to the Service Members Civil Relief Act, a court must be convened and a Judge must hold a hearing before a foreclosure can be initiated. At the hearing, the member of the Armed Services can be represented by an attorney. The lender must obtain a court order to move forward with foreclosure proceedings.

Sargeant James B. Hurley

Sargeant Hurly was stationed in Iraq. In December of 2005, he returned to his home in Hartford, Michigan. What he found shocked him. His home had been foreclosed and sold to someone else. He brought a lawsuit against Sackson Mortgage Service, which is a sub-division of Morgan Stanley. He claimed that his home had been foreclosed and sold at auction in violation of the Civil Relief Act. Sackson eventually settled the case with him by paying him monetary damages in an undisclosed amount. There are currently approximately twenty-two other cases pending against Sackson. It is claimed in each of those cases that they improperly foreclosed on homes of individuals in active duty in the military service of the United States.

service1Foreclosure Help

Our law office helps individual whose homes are being foreclosed. We litigate foreclosure proceedings involving defective mortgages, defective foreclosure lawsuits, predatory lending and other real estate related issues. We attend foreclosure court conferences on behalf of our clients. We also represent clients in the preparation of mortgage modifications and we deal with mortgage modification programs that fail to meet our clients needs. We litigation foreclosure bankruptcy issues. We file either Chapter 7 bankruptcies or Chapter 13 bankruptcies on behalf of our clients when we feel this is an effective strategy to deal with their financial situation. We provide our clients with a thorough education as to what their foreclosure options are. Feel free to call us at your earliest convenience for a consultation. Thank you for reading our foreclosure blog.

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Foreclosures Increase Economic Stress in the United States

May 5, 2011 by

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: , , , , , , , , , , , , , , , ,

Long Island Mortgage Scam

May 3, 2011 by

In March of this year, Nassau County District Attorney Kathleen Rice arrested seventeen people pursuant to a two-year investigation involving a $20 million dollar mortgage fraud scam. Homeowners of Nassau County and banks lost more than $20 million dollars pursuant to the scam.

The individuals involved were lawyers, real estate agents, mortgage brokers, bank employees, financial consultant, an appraiser and a United States postal worker. Twenty nine homes were fraudulently purchased during the six year period. The homes all went into foreclosure. Fake buyers and fake sellers were involved in the transactions.

Identity Theft

Celso Benalcazar, a forty-nine year old Bronx mechanic, had his identity stolen. After his identity was stolen, two homes were purchased in his name. The ring leaders of this scam were James R. Sweet and Dwanye Benjamin, both of Westbury, New York. They recruited friends and family members to obtain false identities. They then impersonated buyers and sellers. As a result of these fake transactions, they kept all of the proceeds from the mortgages. Nassau County District Attorney Kathleen Rice stated, “at the closing everything was fake except for the money that was stolen.”

One Home Purchased Twice

A home in West Hempstead was purchased twice during a two week period in 2005. A $390,000 mortgage was taken out each time the home was purchased. All the funds from both transactions were stolen.

The accused in this case faced up to twenty-five years in prison. There are numerous pending criminal charges, including violating the New York State Organized Crime Law, money laundering and conspiracy.

New York and Long Island Criminal Defense Lawyers

If you are being investigated with regard to a crime, or either you or a loved one is charged with a crime, we can help you. For more than 45 years, the Law Office of Elliot S. Schlissel has represented individuals charged with all types of misdemeanors and felonies. We defend clients who are charged with drug offenses, domestic violence, shoplifting, burglary, driving while intoxicated (DWI), weapons possession, sex crimes, white collar crimes and all types of violent crimes. We also represent juveniles in both the Criminal Courts and the Family Courts. Call us for a free consultation at 516-561-6645, 1-800-344-6431 or 718-350-2802.

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Mortgage Company Attorney Sanctioned Over False Statements

April 27, 2011 by

Judge Fairgrieve, sitting in the District Court located in Nassau County, fined a foreclosure attorney named Steven J. Baum P.C. Mr. Baum was sanctioned $14,000 in attorneys fees and and additional $5,000 payable to the Lawyers Fund for Civil Protection with regard to the case of Federal Home Loan Mortgage Corp. vs. Raia, which was decided on November 23, 2010.

Attorney Criticized by the Court

Steven J. Baum, P.C., is one of the largest foreclosure law firms in the state of New York. Mr. Baum’s law office litigates foreclosure matters throughout New York.

The court noted in this case that many of the sworn allegations in the foreclosure proceeding were found to be false. The Judge ordered a hearing to determine appropriate sanctions, due to the fact that the mortgage company lacked a possessory interest in the premises. The attorneys for Steven J. Baum, P.C., argued that the allegations in the petition, although they were incorrect, were not material and that sanctioning the foreclosure law firm would not be appropriate. Judge Fairgrieve, in his decision, stated that the false statements dealt with the issue of standing to bring the foreclosure proceeding. He went on to state that a lawyer is guilty of professional misconduct if he makes false statements to a court under the rules of professional conduct that lawyers must abide by.

Judge Fairgrieve found that Steven J. Baum, P.C., was professionally irresponsible and impeded the proper administration of justice. He noted in his decision that this was not the first time that this law office had acted inappropriately. The judge indicated in his decision that in a similar case three years ago, Steven J. Baum’s law office was to be sanctioned.

Foreclosure Defense Lawyers

The Law Offices of Schlissel DeCorpo provides foreclosure defense regarding cases in Nassau and Suffolk Counties on Long Island, the five boroughs of the City of New York and Westchester County. Our office has numerous cases pending where we are defending homeowners from foreclosure. In these cases, we help our clients stay in their homes. We litigate defective mortgages, defective foreclosure lawsuits, predatory lending and other real estate related issues. We also assist our clients in the preparation of mortgage modification applications and we deal with mortgage modification programs that fail to meet our client’s needs. We attend foreclosure court conferences on behalf of our clients and seek to put pressure on the mortgage companies and banks to provide our clients with mortgage modifications. 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: , , , , , , , , , ,

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Disclaimer: The information you obtain at this website is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your particular legal issue. This is attorney advertising.