Citigroup Pays $7 Billion Regarding Improper Mortgage Practices

mortgage modification attorneysCitigroup recently settled with the Justice Department a lawsuit with regard to its being involved with fraudulent practices concerning residential mortgages. As part of the settlement, Citigroup will be expending more than $7 billion.

Citigroup

Citigroup is required under the settlement with the Justice Department to modify mortgages of financially troubled homeowners. However, due to the numerous problems Citigroup has had with regard to financing residential mortgages, they do not have sufficient existing mortgages to satisfy a $7 billion settlement with the federal government. Therefore, in addition to being involved in providing mortgage modifications to its struggling mortgage holders, Citibank has agreed to finance affordable housing to be rented to individuals in “high cost of living areas.”

No Criminal Prosecutions

Commentators with regard to the settlement have found the federal government has not held banks accountable to the level they should regarding the real estate crisis created in the United States by faulty mortgage practices. It should be pointed out no Citibank executives were charged criminally or prosecuted with regard to their fraudulent mortgage activities.

Attorney General Eric Holder however, has indicated the settlement with Citibank does not absolve the bank or its employees of the possibility of facing criminal charges. He went on to state, “the bank’s misconduct was egregious.”

Affordable Housing

Citibank has agreed to provide $108 million for affordable housing as part of this settlement. The rental housing component of the settlement will cause Citibank to provide financing for housing developments may result in financial losses to the bank. Justice Department spokesman Tony West, recently stated regarding the settlement, “we hope this measure will bring relief to families who were pushed into the rental market after losing their homes in the wake of the financial crisis.”

assisting homeowners on Long IslandElliot Schlissel is a foreclosure attorney. He litigates predatory lending issues, bad bank practices, fraudulent mortgage practices, and other issues involving financial institutions. He also helps his clients obtain mortgage modifications. Elliot is the former President of the Commercial Lawyers Conference of New York.

Second Mortgage Foreclosures

mortgage attorneys on Long IslandA financial institution can bring a foreclosure lawsuit on a second mortgage. Home improvement loans and lines of credit against a home are examples of two different types of second mortgages. Second mortgages are subordinate to first mortgages. Even if you make payments on your first mortgage and are up to date, the financial institution holding the second mortgage can still foreclose on your home and take it back from you.

Second Mortgages and Short Sales

Even if you move forward with a short sale with regard to your home on your first mortgage, you still will owe your second mortgage lender. This means, unless you negotiate a deal with both your first mortgage holder and your second mortgage holder to do a short sale, you will be responsible for paying off your second mortgage. Issues involving second mortgages are somewhat different than issues involving first mortgages. If the first mortgage on your home is secured by all the equity in your home, or your home is under water with regard to the first mortgage (worth less than the amount of your first mortgage) the second mortgage is liening on air. Why is it liening on air? Because all of the equity in your home is being liened on by the first mortgage so there is no equity left for the second mortgage holder to lien on. This creates a situation where your second mortgage is more of a personal obligation such as a personal loan or credit card debt.

A Hundred Years of Combined Experience

Our attorneys have more than 100 years of combined legal experience. If you default on your second mortgage, we can provide you with a list of options to deal with this problem. Our law firm offers personal services to our clients and free consultations to individuals facing foreclosure problems. Call us for a free consultation. At your initial meeting we will layout a strategy, and game plan as to how to protect your home.homeowner advocates on long island

Why Should You Hire An Attorney To Represent You In A Foreclosure Lawsuit?

foreclosure attorney on long islandYour home is most likely your most significant single asset. It is a place where you and your family reside. It is the place where you can escape the rest of the world. Your own little castle. If you fall behind on your mortgage, you may face the situation where a bank will bring a foreclosure legal action to take your home back. This will create enormous stress and aggravation upon you and your family.

The legal system and especially the issues, tactics, and procedures involved in a foreclosure lawsuit are not generally known to the public at large. There are specific time restraints. There are obligations of the bank to file legal documents, court appearances that must be made, and applications that can be submitted to the court, and legal defenses that can be asserted.

What Can You Do To Save Your Home?

The most logical answer is to hire a foreclosure attorney with extensive experience in litigating with financial institutions for the purpose of saving family’s homes, obtaining mortgage modifications, and investigating improper bank practices such as bad assignments, and predatory lending.

Receiving Foreclosure Notice From The Bank

A financial institution or bank is supposed to provide you with 90 days notice that your home is going into foreclosure. After this 90 day period, they can serve you with a Summons and Complaint. When served with a Summons and Complaint in a foreclosure proceeding, you have 20 days to file an Answer with opposing counsel and the court, if served personally, and 30 days if served by any other means. This is an important statute of limitations which can have a major effect on the foreclosure lawsuit.

You must submit an Answer to the Summons and Complaint in the proper legal form or else you default in responding to the lawsuit. This can cause serious consequences for you and your family. Failure to submit the appropriate Answer with affirmative defenses and counterclaims within the statute of limitations time period for responding to a Summons and Complaint, eliminates your ability to legally defend the foreclosure lawsuit. It is therefore extremely important when served with a Summons and Complaint in a foreclosure that you contact a foreclosure defense lawyer to discuss your options. The early involvement of a foreclosure defense lawyer can save you from losing your home.

Improper Bank Practices

The writer of this article has dealt with scores of cases in which banks have been involved in all types of improper bank practices. Robo-signers executing inappropriate documents are one example. Bad assignments from one financial institution to another is a second example. Violations of Federal, State, and New York City banking laws with regard to the handling of the foreclosure or the underwriting of the loan are additional examples of potential defenses in a foreclosure lawsuit. Some of these defenses, if properly submitted, can stop the lawsuit in its tracks, and in some occasions, even get the case completely dismissed.

Faced With Foreclosure? Call Us!

The attorneys at the Law Offices of Schlissel DeCorpo deal with foreclosure lawsuits and foreclosure issues virtually every day. Our firm litigates cases throughout the Metropolitan New York area, on Long Island, the five boroughs, the City of New York and Westchester. We have an unparalleled history of success in keeping our clients in their homes. Even in situations where the bank or financial institution is right and our clients are completely wrong, the average case handled by our office takes between 3 and 5 years to get through the courts.

Call us for a free consultation. Our phones are monitored 24/7 and we offer free consultations to prospective clients. Our phone numbers are 1-800-344-6431, 516-561-6645, and 718-350-2802.homeowner advocates on long island

History of Foreclosure Court Conferences

foreclosure defense on long islandIn 2008, at the height of the financial crisis, foreclosure court conferences were mandated with regard to homeowners who had taken out sub-prime and/or expensive mortgages. When this new requirement for financial institutions went into effect, they were also required to give notice 90 days prior to bringing a foreclosure lawsuit in New York. In 2009, the foreclosure settlement conferences were mandated to all types of foreclosure proceedings brought against homeowners. The foreclosure settlement conference requirements were scheduled to expire in February of 2015. The New York State Legislature, New York State Assembly and New York State Senate, have approved a bill to extend the foreclosure settlement conference requirement until 2020.

Courts Inundated with Foreclosures

The legal system in New York State is having difficulty dealing with the huge number of foreclosure settlement conferences and foreclosure lawsuits. In 2013, there were 100,000 settlement conferences in the courts in New York State. It is expected there will be in excess of 100,000 settlement conferences in 2014.

100,000 Foreclosures Pending

There are approximately 100,000 foreclosure cases pending in New York State. In May of this year, the administrator for the legal system in New York State decided to place more judges at foreclosure settlement conferences. This was in response to complaints from foreclosure lawyers that financial institutions were sending attorneys to the conferences who did not have the authority to make settlements. If the attorneys for the financial institutions cannot make decisions concerning settling the foreclosure cases, the whole purpose of the settlement conferences is defeated. It is anticipated the new judges will be in place and there will be new procedures to follow by the end of July 2014.helping homeowners stay in their homes

Is Bankruptcy the Solution to Stopping Foreclosure Proceedings?

foreclosure assistance for homeownersThere is a common misconception that filing for a bankruptcy, whether it be a Chapter 13 or Chapter 7 bankruptcy, is a solution to being sued in a foreclosure lawsuit. This is generally not the case. Although under certain limited circumstances bankruptcy may be helpful to you, you should consult with a foreclosure lawyer before considering filing a bankruptcy. Although my office has been involved in filing more than 800 bankruptcies, in most cases involving foreclosure, we do not recommend the filing of a bankruptcy in a federal bankruptcy court is the solution to the foreclosure problem. Foreclosure defense has become a niche legal practice. The litigating of foreclosures in New York State courts is becoming a more and more specialized area. Foreclosure defense lawyers over the past 20 years have developed unique skills in defending foreclosure lawsuits which put the banks on their heels and keep homeowners in their homes.

The Automatic Stay

The filing of a bankruptcy will immediately stop a foreclosure from moving forward. However, the automatic stay granted by a bankruptcy court is only a temporary solution to the underlying problem of the foreclosure. Most homeowners whose homes are in foreclosure are not only looking for a temporary solution to the problem. They are looking for a permanent solution. The filing of a bankruptcy is not necessarily the best route to take.

Foreclosure Lawyers

Financial institutions have engaged in numerous fraudulent, unethical, improper practices. There have been many lawsuits by attorney generals in all 50 states as well as the federal attorney general’s office with regard to these improper, fraudulent practices. The banks have been fined more than $100 billion for their improper and fraudulent practices.

There are numerous federal and state laws regulating bank practices. There are also procedural laws to protect consumers in the State of New York with regard to foreclosure lawsuits. There is an entire body of case law that has been developed which can be utilized to stop foreclosure lawsuits in their tracks, and in some situations, get these lawsuits dismissed.

Mortgage Modifications

New York State has a law which requires all financial institutions to negotiate in good faith at foreclosure court conferences with regard to mortgage modifications. The law is designed to help consumers stay in their homes. Unfortunately, the success rate in obtaining mortgage modifications in New York State is very low. However, pressure can be placed on a bank and its attorneys at these conferences to force them to make reasonable offers with regard to mortgage modifications.

Litigating the Foreclosure Case

In a foreclosure lawsuit, every individual has a right to ask for a jury trial. Jury trials provide homeowners with a constitutional level of protection. During the course of these trials evidence of robo-signing, sham foreclosure affidavits, improper bank practices, violation of federal Truth in Lending Laws, violation of New York State Consumer Protection Laws, and violation of procedural laws involving the initiation of foreclosure lawsuits can be put into evidence. If properly presented, these foreclosure lawsuits can be dismissed.

Conclusion

Although the bankruptcy may be a solution to some issues related to foreclosure proceedings, it is generally not the way to go. Homeowners facing foreclosure should fight the foreclosure in the New York State court they are sued in. The best way to deal with this issue is hire an experienced, dedicated foreclosure defense lawyer to see to it your rights are protected and that the banks have acted properly.helping homeowners stay in their homes

Foreclosure Truths and Falsehoods – Part II

foreclosure defense attorneyFighting The Foreclosure Lawsuit

3. Can I fight a foreclosure case on my own or do I need a lawyer?

You technically do not need to hire a lawyer to fight a foreclosure case. In theory you can represent yourself. But let’s look at the facts.

The financial institutions bringing the foreclosure proceedings are multi-billion dollar institutions. Banks such as Chase Manhattan are worth as much as a trillion dollars. The lawyers the banks hire to bring the foreclosure lawsuits specialize in foreclosure litigation. Many of these law firms have been operational for more than 25 years and are experts in handling foreclosure litigation. Unless you are very knowledgeable and experienced in the law regarding foreclosures, it would be a terrible mistake to try to defend yourself in a foreclosure proceeding. Experienced foreclosure lawyers have expertise in litigating foreclosure cases. Our law firm has been representing clients in foreclosure cases for more than 20 years. We have scores of cases pending, and many of our clients have been in their homes more than 6 years since the foreclosure proceedings were initiated against them.

Trying to represent yourself at a foreclosure proceeding, although legally appropriate, is almost always a mistake. You need to retain the right lawyer. You should look for a law firm that has extensive experience in representing clients in foreclosure lawsuits.

Loan Modifications

4. Are loan modifications the answer to foreclosure problems?

Loan modifications are the answer for many families’ foreclosure problems. However, they do not work if you have lost your job, are disabled, or have very little cash flow. Banks are not social service organizations. They are in business to make money. They make the mortgage loans to homeowners with the hope of making a profit on these loans.

There are various mortgage modification programs. However, the success rate consumers have in obtaining mortgage modifications runs approximately 20%. Sometimes the best way to motivate a bank to provide you with a mortgage modification is to aggressively litigate the foreclosure case and let them know you are not going to take this matter lying down. Foreclosure defense lawyers utilize the mandatory foreclosure conference parts to press the financial institutions into providing the clients with reasonable mortgage modifications. The failure of a financial institution to negotiate in good faith can be used as a defense in the foreclosure lawsuit.

Walking Away From Your House

5. Your loan modification was denied, should you turn over your home to the bank?

False!

Approximately 80% of the people who apply for loan modifications don’t receive permanent loan modifications. This does not mean you are going to be forced out of your home in the near future. Sophisticated foreclosure defense law firms file answers with numerous affirmative defenses and a variety of countersuits against the financial institutions. They can also demand documents, records and other material from the banks which may be embarrassing or may show the banks have violated federal and state laws. This can put further pressure on financial institutions to grant the client’s mortgage modifications.

Facing Foreclosure: What Do You Do?

6. What should I really do if I am behind on my mortgage and facing foreclosure?

Simply stated, call us. The Law Offices of Schlissel DeCorpo have been helping New Yorkers fight foreclosures and stay in their homes for more than two decades. We have an unparalleled record of success. Our law firm is known to the bank attorneys, the court personnel, and the judges. Call us at 1-800-344-6431, 516-561-6645, or 718-350-2802 for a free consultation. We will keep you in your home!assisting homeowners

Wrongful Foreclosures

foreclosure defense attorneys for homeownersThere have been a significant number of lawsuits brought by attorney generals in states throughout the country as well as the federal attorney general’s office involving numerous financial institutions acting inappropriately with regard to foreclosure lawsuits. Lenders such as Bank of America, JP Morgan Chase, PNC Financial Services Group, Wells Fargo and GMAC mortgage company, have actually admitted to improprieties in the way these financial institutions handled the processing of foreclosure paperwork. These financial institutions and many others, including many mortgage servicing organizations, failed to verify the court documents they used to justify foreclosing on homes. In numerous situations, individuals referred to as “robo-signers” signed hundreds of documents which they did not read or were not familiar with. Far worse than that, many of these robo-signers were signing foreclosure documents for financial institutions they were not affiliated with.

Your Home

A family’s home is usually its most valued possession. No family should be forced from their home as a result of faulty bank practices. If your home has been foreclosed upon, is in the process of being foreclosed on, or is even being threatened with a foreclosure, it is important that you seek legal representation as soon as possible. There are numerous grounds to challenge foreclosures, numerous affirmative defenses, and potential lawsuits you may have available to you against the bank for financial damages. If you are the victim of a wrongful foreclosure lawsuit you owe it to yourself and your family to see to it your legal rights are protected.

Mortgage Servicing Companies

Many banks that make home loan mortgages do not service their loans. They either assign the loans to other financial institutions or they subcontract out the responsibilities to service the loans to mortgage servicing companies. Over the last 6 to 8 years, mortgage servicing companies have been overwhelmed with the large number of foreclosure cases they were required to service. Mortgage servicing is a high volume industry. The mortgage servicing companies sometimes hire employees with little formal training in handling these mortgages. In addition, many of them have inadequate supervision and have cut corners to make themselves more profitable. The unusually high number of mortgage defaults has added to this problem by overwhelming some of the mortgage servicing agencies. An example of the irregularities involved in servicing mortgages can be found with regard to Wells Fargo, one of the largest banks in the country, admitting to thousands of mistakes made in foreclosure documents. However, in spite of Wells Fargo’s admissions, they never took any action to stop those foreclosures based on mistakes and fraudulent documents from moving forward.

Robo-Signing

It was indicated earlier in this article the term robo-signer refers to individuals signing documents without authority and without reading these documents. During the course of depositions taken by foreclosure defense lawyers, some robo-signers have admitted to signing more than 10,000 foreclosure affidavits during a month. Most of these affidavits indicated the robo-signers actually personally reviewed the files and determined the paperwork they were signing was correct. During the course of depositions, these workers acknowledged there was virtually no time to even look at the files. They just simply signed the documents claiming to have reviewed files they never looked at.

Are You The Victim of Predatory Lending or
Improper Bank or Foreclosure Practices?

If you feel you are the victim of predatory lending or improper bank or foreclosure practices you should immediately retain a qualified law firm to investigate the situation. There are a variety of remedies available to you. You can even take legal action under certain limited circumstances to set the mortgage on your home aside. It may be that the mortgage loan against your home is unenforceable. If you feel you have grounds to challenge a mortgage or foreclosure practice, call our law firm for a free consultation. Our phones are monitored 24/7. We can be reached at 1-800-344-6431, 516-561-6645, or 718-350-2802.assistance for homeowners

Judges Assigned to Foreclosure Court Conferences

foreclosure defense attorneyThe courts in New York are being flooded with new foreclosure lawsuits. Before the litigation stage in a foreclosure lawsuit, the parties must attend mandatory foreclosure mediation conferences. The Office of Court Administration is assigning new judges to deal with the increased volume of foreclosure court conferences in the Counties of Nassau, Suffolk, Kings and Queens. This action is being taken related to numerous complaints which have been filed by the attorneys for homeowners. These complaints generally state the financial institutions attorneys’ who are showing up at the foreclosure court conferences have no authority to make the decisions necessary to amicably resolve these cases.

Bank Attorneys Have No Authority To Settle Cases
or Approve Mortgage Modifications

In a study provided by legal service providers, it was found in eighty percent of 252 settlement conferences which took place over a 90 day period last year, the lawyers representing the financial institutions either lacked the appropriate information concerning the cases or did not have settlement authority. Justice Barry Kamins, the Chief of Policy and Planning for the courts in New York has taken action to provide more judges at the foreclosure settlement conferences in the four counties that have the heaviest backlog of foreclosure cases for the purpose of having judges immediately available for resolving disputes that occur at the foreclosure court conferences.

New York Courts Bursting At The Seams With Foreclosures

In 2013, there were 87,000 foreclosure cases pending in the courts in New York. As of April 1, 2014, there are more than 90,000 cases now pending in the courts.

The purpose of foreclosure court conferences is to allow the homeowners and attorneys for the banks to get together for the purpose of negotiating a mortgage modification to prevent the house from being sold at foreclosure sales.

New York Law

New York Civil Practice Law and Rules section 3408(c) which governs foreclosure court conferences states “the plaintiff shall appear in person or by counsel, and if appearing by counsel, such counsel shall be fully authorized to dispose of the case.” In another section of CPLR 3408(f) it states, both sides to the legal proceeding “shall negotiate in good faith to reach a mutually agreeable resolution, including a loan modification, if possible.” Foreclosure defense lawyers are aware most financial institutions are ignoring this statute.

The large majority of attorneys who appear for banks do not have any settlement authority. It is estimated at less than ten percent of the attorneys who appear at foreclosure court conferences for financial institutions have any settlement authority. A recent report with regard to the conduct at foreclosure court conferences states the courts should “not tolerate rampant violation of the settlement conference law and should enforce the law as it is written vigorously.” The report goes on to state when the attorneys for the banks appear without the appropriate authority or do not negotiate in good faith, judges should create consequences for the lenders such as tolling or barring interest on the outstanding balance or staying actions until the financial institutions fulfill their obligations under the settlement conference law.

Conclusion

The purpose of the foreclosure court conferences were to provide an intermediate step prior to full fledged litigation to allow beleaguered homeowners to work out mortgage modifications to keep them in their homes. The statute was a step in the right direction. However, the banks are not complying with this statute. If they continue to fail to comply, judges should punish them for violation of this statute!homeowner advocates

Owning a Home is Better Than Renting

mortgage modification attorneysThere are a number of factors that should be taken into consideration when comparing the benefits and problems of home ownership versus renting.

No Mortgage vs. No Landlord

When you own a home you are in charge. It is yours! It belongs to you. If something breaks, you fix it. When you rent, you are living in the landlord’s house. If something breaks you need to contact the landlord to fix it. Landlords are not always very responsive to helping their tenants deal with problems in their apartments.

Fixed Rate Mortgages Don’t Go Up: Rent Does!

If you buy a house and obtain a fixed rate mortgage, you will pay the same amount each and every year. If you rent an apartment, periodically the landlord will raise your rent. It should be noted although your mortgage rate won’t go up, taxes on real property go up over time.

Homeowners Obtain Tax Deductions for Mortgage Interest

There are significant tax benefits for owning a home. You can deduct, in your federal and state income taxes, the interest paid on your mortgage. In addition, there are a variety of energy efficient improvements to the home that can be made which are also tax deductible. When you sell your home, the first $250,000 in profit payable to the owner of the home is not subject to capital gains tax.

Managing Your Own Space

When you are in an apartment there are small cosmetic things you can do. However, you cannot customize the space to meet all your needs. If you own a home, you can move walls and do anything you want with it. The space can be modified to meet all of your personal needs and/or whims.

Homeowners Can’t Be Evicted

If you rent an apartment and you don’t pay rent, thirty days afterwards a landlord can bring a summary proceeding and have you removed from the apartment. Eviction proceedings are relatively quick proceedings (although in the City of New York they can take as much as six to eight months). However, if you don’t pay your mortgage, and a financial institution has to bring a foreclosure lawsuit, those proceedings can take as long as three to five years. During that period, you can be living in your home while not making mortgage payments.

assisting homeownersElliot S. Schlissel is a foreclosure lawyer. He represents clients whose homes are going into foreclosure. He helps them stay in their homes, obtain mortgage modifications, and litigate a variety of issues involved regarding foreclosures with financial institutions. Elliot can be reached for a free consultation at 1-800-344-6431, 516-561-6645, and 718-350-2802.

FHA Gives Homeowners a Second Chance to Buy a Home

foreclosure defense for homeownersThe Federal Housing Authority (FHA) has a new program which will stay in effect until September 30, 2016. This program offers homeowners who have lost their homes due to short sales, whose homes have been sold in foreclosure, or who have given deeds in lieu of foreclosure back to financial institutions, a second opportunity to purchase a home. In the past, if a consumer lost their home related to a foreclosure case, they would have to wait thirty-six months before they could apply for a new FHA loan. However, under this new program, they would only have to wait twelve months after a foreclosure sale or a short sale to apply for a new FHA loan as long as they can document the financial issues that caused them to lose their prior home.

Reduction in Income

If the prospective homeowner can show that they had a loss of income of twenty percent or more for a minimum of six months prior to the loss of their home, it will help them qualify under this new program.

Credit Score

Under the new FHA program, the homeowner will need a credit score with a minimum of 640. In the event the prospective homeowner could not meet this credit score requirement, they must go through a HUD approved counseling agency concerning the issue of home ownership and residential mortgage loans.

The homeowner should be aware that supporting documentation with regard to any financial issues, hardships, illness, loss of employment or other problems that caused the individuals to lose their initial home must be fully documented. A letter explaining the situation will not be sufficient to qualify for this new FHA program.

Conclusion

FHA is extending themselves to homeowners and giving them a second chance that has never previously been offered to families who have lost their homes.

helping homeowners stay in their homesElliot S. Schlissel is a foreclosure defense lawyer. Elliot and his staff of attorneys represent individuals and families throughout the Metropolitan New York area whose homes have been foreclosed upon by financial institutions and mortgage companies. Elliot assists his clients in mortgage modifications. In addition, Elliot brings lawsuits against financial institutions who have broken laws, failed to obtain proper assignments and who do not have standing to bring their foreclosure lawsuits. Elliot has an unparalleled record of success in keeping his clients in their homes after foreclosure proceedings have been initiated against them.

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

We represent individuals throughout the New York Metropolitan area with divorce and child custody, personal injury, car accident, wrongful death, estate administration, nursing home and medicaid issues

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.

This is attorney advertising. This website is designed for general information purposes only. The information presented on this website shall not be construed to be legal advice. If you have a legal problem you should consult with an attorney.

Copyright © 2018 By The Law Offices of Schlissel DeCorpo. All Rights Reserved.