Bank Attorney is Punished for Failing to Appear

On November 18, 2010, Justice Pagones, sitting in the Supreme Court located in Dutchess County, rendered a decision in the matter of BAC Home Loans Servicing vs. Westervelt. In this case, the bank and the homeowner were directed to appear at a settlement conference. Settlement conferences are required under New York State law in all foreclosure proceedings. The bank’s attorney failed to appear at the settlement conference. At that time, the court could have dismissed the bank’s foreclosure proceeding. In this case, the court declined to impose this remedy.

Justice Pagones, however, found that the bank attorney’s explanation for his failure to appear at the court settlement conference was inadequate. The court thereafter scheduled a hearing to determine what sanctions would be taken against the bank’s attorneys.

Bad Faith

Justice Pagones reached a conclusion that the attorneys for the bank had acted in bad faith in negotiating a settlement with the defendant. The defendant had made representation that the bank had, without explanation, refused to re-examine her income with regard to the mortgage modification she submitted. The court pointed out that the financial institution under the HAMP directives had an obligation to review her income.

Bank Barred From Collecting Arrears and Interest

The court scheduled another court conference date. In the interim, the court ordered the bank stop collecting arrears from the date the homeowner received the HAMP denial. The court also barred the financial institution from collecting any interest that might accrue from this date. The court also waived unpaid late fees and ordered the bank to waive attorney’s fees relating to this case.

Foreclosure Court Conferences

Foreclosure court conferences exist because the State Legislature passed a law in 2010 ordering the financial institution to attend foreclosure court conferences for the purpose of finding alternatives to the foreclosure proceedings. Our law office regularly attends foreclosure conferences on behalf of our clients. We utilize these conferences to try to motivate the attorneys for the financial institutions to work with our clients towards approving mortgage modifications that take the cases out of foreclosure.

Foreclosure Lawyers

The foreclosure defense attorneys at our law office aggressively litigate issues involving defective mortgages, defective foreclosure lawsuits, predatory lending, bad faith and other real estate related matters. When appropriate, we file foreclosure related bankruptcies, including either a Chapter 7 bankruptcy or Chapter 13 bankruptcy, depending on the circumstances involved with our clients. These bankruptcies stop foreclosure and, in some cases, allow us to eliminate second mortgages. Prior to filing bankruptcies, we discuss the types of bankruptcies that are appropriate with regard to our client’s specific situation. Call us for a free consultation. We will discuss all foreclosure options available to you. Our phone numbers are 516-561-6645, 718-350-2802 and 1-800-344-6431.

When is it a Good Time to Buy a Home? How About Now?

Home prices have been going down this year. The pundits state that the best time to buy a home is at the bottom of the market. So how can you tell whether the market has hit bottom? Some independent analysts recommend buying homes this spring. Phil DeMuta, an investment adviser and the co-author of a book on investing entitled The Little Book of Alternative Investments, claims it’s a great time to buy a house. He states housing prices are where they were in 2002 and you’ve got mortgage rates at 5% now on a thirty year mortgage. He further states, “if you can put down the 20% and qualify for a good mortgage, I’d say this is an excellent time to take that kind of position.”

Anthony Sanders, a professor of Real Estate Finance at George Mason University, takes the opposite approach. He is cautious about the outlook of the real estate industry. He suggested there may be a buying opportunity in the late summer of 2011.

Renting

There is currently a large number of homes in America in foreclosure. It is estimated that the number is currently close to two million. As these homes come back into the real estate market, they will have a further negative affect on home prices. Is renting the solution? Renting should be considered something to do on a temporary basis. The owning of a single family home by a family is the American dream. In theory, home ownership in a rising real estate market will provide the homeowners with a lovely place to live, as well as increasing equity in their investment.

Professor Anthony Sanders from George Mason University takes the position that continuing to rent due to the high home vacancy rate of 18% is the best route to take right now. He suggests that young couples wait to see how the whole market progresses this year before buying a home. He states the average person stays in their house only about six or seven years, so you have to have some belief the prices will be relatively constant over that period, so you don’t take the loss. Sanders feels “the housing market is sitting on a ledge and could go either way – – it could go up which is good or we could be in for a double dip.”

Market Bottoms

It is impossible to pick out the market bottom in advance. The real estate market has been in a disarray for the past few years. Housing prices have been going down for the past several months. I anticipate homes will be worth less at the end of 2011 in most metropolitan areas than at the start of this year. So my personal suggestion is wait and see how things shape up in the economy and the real estate market.

Foreclosure Lawyer

Our office represents individuals in foreclosure defense matters. We have more than 45 years experience in handling various real estate problems. We represent our clients regarding mortgage modifications and mortgage modifications that fail. We litigate defective mortgages, predatory lending, and other foreclosure related issues. We attend foreclosure court conferences on behalf of our clients. We advise our clients concerning foreclosure related bankruptcy matters including, but not limited to, filing Chapter 7 and Chapter 13 bankruptcies. In situations where we file bankruptcy on behalf of our clients, we stop foreclosure in its tracks and, on some occasions, we eliminate second mortgages. We also help our clients after filing bankruptcy in re-establishing credit. This foreclosure blog is designed to advise the general public, as well as our clients, concerning mortgage modification issues, foreclosure related issues and real estate matters in general. Feel free to call us for a free consultation at 1-800-344-6431, 516-561-6645 or 718-350-2802.

The Housing Market in 2011

Most major markets in the United States have had a decline in housing prices in January and February of this year. Although there has been a reduction in unemployment in the United States, this has not caused the housing market to rebound.

Inventory Issues

According to the National Association of Realtors, there are 3.5 millions homes that are listed for sale in the United States. Based on the current rate of sales, the inventory of homes can supply the market for 8.6 months. This number does not include homes that are being foreclosed on by financial institutions. There is approximately an additional 1.8 million homes that should be considered on the market at this time. This would make the inventory of homes to be sold closer to 11 months.

Underwater Homes

The inventory figures do not take into consideration the 2 million homes which are currently underwater. If these homes are added to the inventory list, it brings the amount of homes that need to be sold for the market to reach a current equilibrium to an inventory of two years.

Are You Selling Your House In the Near Future?

If you plan on selling your house in the near future, you should look into the real estate sales in your local area. I strongly suggest that you confer with local real estate agents to get a better understanding concerning your local market place.

Home Prices

The value of homes in the large metropolitan areas of the United States has started to creep up again. Taking into consideration the fact that mortgage rates are at historic lows, it is still a purchaser’s market. Even if the sale prices of homes stabilize, we are still looking at a purchaser’s market for a long time to come.

Foreclosure Opportunities

Our office can help you with foreclosure defense, mortgage modifications, dealing with mortgage modification programs that fail, defective mortgage issues, options in foreclosures, defective foreclosures lawsuits, predatory lending and other real estate related issues. We also assist our clients concerning foreclosure related bankruptcy issues. We file Chapter 7 and Chapter 13 bankruptcies on behalf of our clients. We maintain a foreclosure blog for reference and educational purposes. Call us for a free consultation at 1-800-344-6431, 516-561-6645 or 718-3502802.

Foreclosure Abuses

The Attorney Generals in all fifty states have been involved in litigation concerning the foreclosure practices at the largest banks in the United States. When these investigations by the State Attorney Generals were initially announced, homeowners who had been defrauded and abused by financial institutions they placed trust in were expecting justice.

Settlement Proposal

There has recently been a settlement proposal made to America’s largest banks. The Republicans in the United States Senate and House of Representatives feel that the Attorney Generals are asking much too much from the banks. The proposal includes needed reforms. It would require financial institutions and banks to stop foreclosure proceedings while a loan modification is pending. It will also be necessary for the financial institutions to eliminate red tape, simplify the loan modification process, properly fund it and speed it up.

The purpose of this settlement proposal is to shield the financial institutions from future lawsuits involving illegal, improper mortgage and foreclosure practices. Although it is a good idea to have one global settlement with the financial institutions, the settlement should not be too generous. Banks have been involved in numerous improper mortgage and foreclosure practices. They have filed false court documents to speed up foreclosures. They have utilized robo-document signers. They have brought foreclosure proceedings when mortgages have been paid. They have charged excessive fees. They have not provided loan modifications pursuant to the federal loan modification programs. They have had conflicts of interest and they have favored foreclosures over loan modifications.

Bank Misbehavior

Banks have gotten away with bad behavior, which has victimized consumers for much too long. The foreclosure crisis in the United States was caused by greed on behalf of the banks! A settlement concerning the foreclosure abuse by financial institutions should be of a nature as to reform the banking industry regarding mortgage modifications, mortgage and foreclosure practices and rectify the bad past practices.

Foreclosure Defense for New Yorkers

We provide foreclosure defense for New Yorkers. We assist New Yorkers with mortgage modifications and mortgage modifications programs that fail. We file Chapter 7 and Chapter 13 bankruptcies on behalf of our clients. We explain why bankruptcies should be filed to our clients. We deal with re-establishing credit when necessary. We can stop foreclosures from moving forward. We attend foreclosure conferences in the state courts in New York for our clients. We provide foreclosure defense and litigate defective foreclosure lawsuits, predatory lending, real estate issues, bad faith by financial institutions and defective mortgages. We maintain a foreclosure blog which is updated on a weekly basis. Call us should you have foreclosure or bankruptcy problems. We can help you!

Buying a Home in Today’s Market

Buyer’s Market

There are many homes on the market today in every locality. Some homes are placed on the market by sellers, other homes come to the market by way of foreclosure by the financial institution. All of these homes have one thing in common, they’re competing against many other homes to be sold.

What Should a Seller Do

A seller should look for a bargain. In today’s market, if the perspective purchaser’s first offer does not insult the seller, they are offering too much money. There is no list price for a used home. The value of a home is based on supply and demand. There is an over supply of homes on the market right now. This is why it is a purchaser’s market. Do not be afraid to offer a substantially lower amount than the seller seeks to sell his or her home for. It is your money, be careful!

What To Do First

Obtain a credit report. If your credit is good, great! If your credit is not so hot, contact an attorney or credit counselor and rebuild your credit.

Speak to a real estate broker and/or a mortgage broker about the actual cost involved in the closing on the purchase of a home. Do you have 20% of the home’s value as a down payment? If not, look into whether you can obtain a mortgage with a lower down payment. Speak to other local banks or mortgage brokers.

FHA and VA Mortgages

FHA mortgages are Federal Housing Authority mortgages. VA mortgages are given out by the Veterans Administration to Americans who have served in the armed services of the United States. These are alternatives to obtaining a conventional mortgage from a financial institution. Investigate whether you qualify for these mortgages and whether their interest rates are lower then those of financial institutions giving out conventional mortgages.

Be Careful

Even if you obtain the deal of a lifetime, you may find that in a year or two, due to current market situations, your home is worth less than you paid for it. The purchase of a single family home is the largest investment most families make. It gives you a place to live and a place to raise your children. In most situations, it is a larger, more comfortable space than an apartment that you would rent. However, be advised it is an investment and investments can go both either up or down!

Foreclosure Defense on Long Island

We provide foreclosure defense for our clients. We litigate foreclosure lawsuits. We attend foreclosure court conferences on behalf of our clients. We deal with issues such as defective foreclosure lawsuits, predatory lending, bad faith by financial institutions, and defective mortgages. We’ve been handling real estate related matters for more than 45 years. We assist our clients in mortgage modifications and we deal with mortgage modifications that fail to meet our clients’ needs.

In appropriate situations, we file Chapter 7 or Chapter 13 bankruptcies on behalf of our clients. Both of these bankruptcies have the impact of immediately stopping foreclosure proceedings. We explain the types of bankruptcies that are available to our clients, as well as why they should file bankruptcy. We also maintain a foreclosure blog that deals with real estate, mortgage and foreclosure related issues. Call us for a free consultation.

The Fantasy of Pre-approval of Mortgages

Pre-approval for mortgages is a fantasy. At our law office, our clients have been coming to us for years and advising us that they’ve spoken to their mortgage broker and they’ve been pre-approved. Pre-approval is a marketing device for mortgage brokers and financial institutions. It does not mean that you will receive a mortgage!Pre-approval is usually subject to underwriting, credit checks, validation of financial information and all types of other prerequisites. The following is an example of how pre-approval really works:

The prospective homeowner goes into the financial institution. A salesperson tells the perspective homeowner that he or she has been pre-approved for a mortgage. Based on this information, the prospective homeowner finds a house to buy and enters into a real estate contract. The financial institution does credit checks, checks employment, and thereafter underwrites the loan.

In the end, the financial institution can turn down the mortgage for numerous reasons, including not fulfilling the obligations of the underwriting process or by simply stating that the pre-approval was for only a limited period of time and that the prospective purchaser has exceeded that period of time in going from contract to closing on the transaction. This leaves the homeowner high and dry. You don’t have your mortgage until you are sitting at the closing table and the check from your financial institution is given to the seller.

Nassau County Foreclosure Defense Lawyer

Our law firm deals with the following issues: mortgage modification programs, foreclosure, court conferences, foreclosure litigation, defective mortgage foreclosure lawsuits, predatory lending issues, bad faith by financial institutions, defective mortgages and real estate issues in general. We also deal with the filing of Chapter 7 bankruptcy, Chapter 13 bankruptcy, re-establishing credit and stopping foreclosures. Should you have any of these problems, call us! We can help you.

Federal Government Getting Out of the Mortgage Business

Fannie Mae and Freddie Mac were created by the Federal Government to assist homeowners in obtaining mortgages to purchase single family and/or multiple family homes. Freddie Mac and Fannie Mae are not doing well. They are both bankrupt. These organizations are currently being bailed out by the Federal Government.

President Obama and his administration would like to abolish Fannie Mae and Freddie Mac. Both the White House and Congress are in agreement that the long term future of the mortgage market should be determined by private enterprise and not by federally backed agencies.

Today, tax payers are shelling out billions of dollars to keep Freddie Mac and Fannie Mae financially solvent. These organizations are involved in almost 90% of all mortgages in the United States. Freddie Mac and Fannie Mae buy mortgage loans from primary lenders (banks). They put them together in investment products and sell them with guarantees in the event the borrower defaults. The initial purpose of Freddie Mac and Fannie Mae was to facilitate the purchase of homes by middle class Americans. The underlying reason for their creation was to allow more Americans to obtain the American dream, the ownership of a single family home at an affordable mortgage rate.

Three Proposals for the replacement of Freddie Mac and Fannie Mae

Proposal 1: The Federal Government would not be involved in the underwriting of home mortgages. The Federal Housing Administration would simply police mortgage activities.

Proposal 2: The Government would act as an insurer of mortgages.

Proposal 3: The Government would act as an insurer of only targeted mortgages. Under this proposal, the government would be involved more as a reinsurer of mortgages.

Congress and the Obama Administration are now discussing these proposals.

New York Foreclosure Defense Lawyers

Our law office can help you with mortgage modifications. We are familiar with mortgage modification programs that fail to meet consumers’ needs. We represent New Yorkers in foreclosure litigation. We defend them from these proceedings. We litigate defective foreclosure lawsuits, predatory lending, bad faith and defective mortgages. We attend foreclosure court conferences on behalf of our clients. We have decades of experience regarding real estate transactions involving mortgages. We maintain a foreclosure blog to educate New Yorkers concerning relevant issues involving mortgages, foreclosures and real estate matters.

We file Chapter 7 and Chapter 13 bankruptcies on behalf of our clients. We explain to our clients why they should or should not file bankruptcy. We utilize bankruptcies to stop foreclosures in their tracks. When the bankruptcy is completed, we are available to assist our clients in re-establishing their credit.

Should you have a foreclosure or mortgage modification problem, feel free to call us a 1-800-344-6431, 516-561-6645 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!

Wells Fargo Faces Penalties in Foreclosure

Wells Fargo Faces Penalties In ForeclosureWells 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.

Home Modification Problems in California (Part 1): Lawyers who Assist Homeowners in Mortgage Modifications Are Now Out of Reach

Mortgage Modifications Are Now Out Of ReachThe Ridiculous Law in California

The State of California has more active foreclosure cases than any other state in the country. Homeowners in California who seek mortgage modifications have had difficulties for the past few years. Today, they have a new difficulty – they can no longer hire lawyers!

Lawyers throughout the State of California are now being forced to reject clients who come to them for the purpose of obtaining mortgage modification loans. This is because California has passed a unique, unusual and restrictive statute. The new law states that attorneys who work on mortgage modification loans can receive no payment until the loan is approved. Under the new statute, clients cannot even put retainer payments in attorney trust accounts.

This California statute is unlike any other statute in the country. The intent of the California statute is for “fly-by-night” loan modification businesses run by non lawyers to be eliminated from the marketplace. Unfortunately, there has been a fallout from this new statute. The unintended consequence of the new law is that honest, hard-working, well-known, well-established attorneys with excellent credentials can no longer represent individuals in dealing with financial institutions’ complicated and burdensome paperwork related to loan modifications.

avoidNew York Foreclosure Defense Lawyers

In the state of New York, there are no restrictions regarding the hiring of foreclosure defense attorneys. For more than 45 years, the Law Offices of Schlissel DeCorpo has been at the forefront of defending consumers and homeowners regarding litigation with financial institutions. We have developed an expertise in defending foreclosure lawsuits. Upon meeting with our attorneys, we will analyze the paperwork related to your case. We will discuss foreclosure defenses, mortgage modifications and the potential of using bankruptcy filings to assist you. We will provide you with a detailed explanation as to the foreclosure process, the mortgage modification process and how bankruptcies affect homeowners. If you are in trouble with your lender, or behind on your mortgage, call us. We can help you! Our phone numbers are 1-800-344-6431, 516-561-6645 and 718-350-2082.

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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