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Illegal Foreclosures on Homes Owned By Military Personnel

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

Fifty Illegal Foreclosures of Property Owned By Members of the Military

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

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 The bank has recently either rescinded the foreclosure sales or reached a financial settlement with a dozen of these military borrowers.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

Protect Your Country and Lose Your Home

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

Lawyers Helping Victims of Foreclosure

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

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

Mortgage Reform by President Obama

President Obama seeks to reform the mortgage industry in the United States. He plans on accomplishing this by significant changes in government backed Fannie Mae and Freddie Mac. President Obama has presented several different options to the United States Congress for reducing the country’s dependence on Freddie Mac and Fannie Mae. His program is one of fundamental reform of the mortgage industry. He hopes these reforms will provide greater protection for consumers and allow middle class Americans to obtain affordable mortgages.

Fannie Mae and Freddie Mac

Government backed Fannie Mae and Freddie Mac are involved in approximately 90% of the mortgages, one way or another, in America. As of now, these two government backed agencies have over $150 billion dollars in losses! It is anticipated these losses will climb to $400 billion dollars before the housing bubble is completely corrected.

New Programs

Some of the recommendations made by President Obama’s reform team will require Fannie Mae and Freddie Mac to charge banks the same amount for loan guarantees as paid by private financial institutions. Currently, federally backed mortgage loans can go up to $729,750. One of President Obama’s reforms would be to reduce this amount to $625,500. It is anticipated that this action will motivate the private banking sector to make more high-value mortgage loans.

The administration also seeks to have a minimum down payment of 10% regarding all government backed loans. One of the problems that caused the mortgage bubble is that Freddie Mac and Fannie Mae have been making loans with zero down payment. Query – if a homeowner has no money to put down for the purchase of a home, isn’t this an indication that if things do not go well, they will quickly walk away from making their mortgage payments? This is what caused the housing crisis. The giving of inappropriate mortgage loans to unqualified prospective homeowners!

The removal of government guarantees from the loan market is opposed by various special interest groups. Real estate agents, home builders, home supply companies, mortgage brokers and other individuals who make a living from the housing market oppose any changes to the current system. The Obama Administration seeks to make changes to the mortgage market over a five-year period.

Mortgage Modification and Foreclosure

If you have problems making your mortgage payments, reducing the amount of your monthly payments is a good idea. All financial institutions currently have mortgage modification programs. Unfortunately, some mortgage modification programs fail to provide belingered homeowners with realistic alternatives to their current mortgages. Our law office can help you deal with the complexities of the various mortgage modification programs.

Foreclosure is the process by which a bank takes back a home for the nonpayment of a mortgage. Should you be facing foreclosure, we can keep you in your home. Our foreclosure defense lawyers have developed an expertise in fighting these lawsuits. Once a lawsuit is initiated, we attend foreclosure court conferences on behalf of our clients. We defend defective foreclosure lawsuits. We deal with issues of predatory lending, defective mortgages and the failure of financial institutions to obtain the proper assignments and paperwork necessary to initiate litigation. We also update this foreclosure blog on a regular basis to keep our clients informed about the real estate industry in the United States. Call us for a free consultation at 1-800-344-6431, 516-561-6645 or 718-350-2802.

Foreclosure Defense Attorneys

Mortgage Delinquencies Declined

Mortgage Delinquencies DeclinedDuring the past few months, there has been a reduction in the number of mortgages becoming delinquent. In the third quarter of 2010, the mortgage delinquency rate fell from 14.42% to 13.52%, according to the Mortgage Banker’s Association.

There are several explanations for a decline in mortgage delinquency rates. One explanation is that the economy is improving and this is having a positive effect on home owners ability to make mortgage payments.

Delinquencies and Foreclosures above Normal

The good news is that mortgage delinquency rates and the number of foreclosures is starting to go down. The bad news is that mortgage foreclosure rates and mortgage delinquencies are extremely high by historical standards.

It is thought that one of the reasons why foreclosure rates are starting to decline is that the new foreclosures in 2011 are not being caused by bad bank loans. Many of the foreclosures in 2009 and 2010 were caused by banking practices that provided mortgage loans to individuals who didn’t qualify. Most of the new foreclosures are related to prime loans. These loans are much harder for banks to modify than sub-prime loans. Prime loans are given out at low interest rates to start with.

The number of home owners obtaining mortgage modifications has also been decreasing. Twenty-four thousand homeowners throughout the United States obtained mortgage modifications in October of 2010. Hopefully, we will see a continuation of the reduction of mortgages that are delinquent and foreclosure rate will continue to decline.

Queens, Nassau and Suffolk County Mortgage Modification and Foreclosure Defense Lawyers

Our office can assist you with mortgage modifications. If you are sued in foreclosure, we will aggressively represent you and stop the foreclosure in its tracks.

We litigate bad faith bank practices, defective foreclosure lawsuits, predatory lending issues and fraudulent mortgages. We attend foreclosure conferences in court on behalf of our clients. We also deal with problems caused by mortgage modification programs that do not work. We will analyze your financial situation to see if filing Chapter 7 or Chapter 13 bankruptcy is the appropriate remedy for your difficulties.

Feel free to call us at 1-800-344-6431, 516-561-6645 or 718-350-2802 for a free consultation.

The Real Estate Market

The Real Estate MarketFor the past few years, home prices in the large majority of the United States have been falling. I am happy to report that in an article recently published by the National Association of Realtors, it showed that in seventy-eight markets throughout the United States, representing most major metropolitan areas, housing prices have started to stabilize. Stabilization of the housing market is good news. However, stabilization is indicative of the slowing of the downward valuation of homes and not their increasing in value.

Buyers’ Market

We still have a buyers’ market for single family homes. Sellers are reluctant to commit to buying homes when home values are decreasing. Perspective home purchasers are always looking for bargains. Will housing prices continue to go down or will they rebound? No one can be absolutely sure as to when the housing market will hit its absolute bottom.

Is this a Good Time for Selling?

Are you interested in selling your home? Many prospective home sellers have kept their homes off the market with the hope that there would be a rebound in the housing market in the United States. The stabilization of the real estate market should not be considered a rebound. However, there is no guarantee homes will be worth more in the near future.

Location, Location, Location

There are three rules concerning the valuation of real estate. Those three rules are known as “location, location, location”. The valuation of real estate is a local issue. The market value of homes and commercial real estate changes from state to state, city to city, suburb to suburb and locale to locale. It could even be different from one block to the next in the same neighborhood. It behooves you if you are a purchaser to use due diligence and to become familiar with the area in which you seek to purchase a home.

The Improving Economy

Although the real estate market has been stabilizing, we are still in a recession. Will the rising stock market bring back the real estate market with it? I am hopeful, but I am also concerned that the problems in the real estate market in the United States are so severe that it may take several more years to sort this out.

house1Foreclosure Defense Lawyers in Long Island and New York

Our office assists our clients with mortgage modification applications. We are knowledgeable about the mortgage modification programs and why they fail. We maintain a foreclosure blog to update the public concerning various issues involving homes and real estate. We aggressively litigate foreclosure proceedings. We litigate defective mortgage lawsuits, predatory lending and we attend court conferences for our clients when necessary. We advise our clients with regard whether they should file a bankruptcy to deal with being behind on their mortgage and as to whether a Chapter 7 or Chapter 13 bankruptcy would be appropriate. In the event you are behind on your mortgage or experiencing foreclosure problems, we can help you. Call us at 1-800-344-6431, 516-561-6645 or 718- 350-2802.

Home Modification Problems in California (Part 2): Lawyers Who Assist Homeowners in Mortgage Modifications Are Now out of Reach

Homeowners In MortgageProblems with Bank Mortgage Practices

There have been recent revelations regarding numerous financial institutions that have been involved in deceptive mortgage practices, predatory lending practices, defective mortgages and bad faith litigation, as well as litigating cases where they did not have the appropriate paperwork. This makes the need for attorneys to represent homeowners very important. Homeowners in California are now defenseless in dealing with the law firms that represent financial institutions in foreclosures, as well as the “robo-signers” at the banks, who could care less about State and Federal laws that protect homeowners from improper bank practices. The actions taken by the legislature in California hurt homeowners and will destroy families.

When a homeowner in California gets notice that they are going to lose their home, they no longer have the ability to obtain a seasoned, experienced foreclosure defense lawyer to protect them and their families from being thrown out of their homes because of foreclosure lawsuits.

More then 300,000 foreclosure lawsuits were started in California alone during the 2010 calendar year. It is estimated that in 2011 the amount of foreclosures in California will surpass the 2010 number.

New York Foreclosure Defense

Fortunately, homeowners in New York do not have to deal with the restrictive statute that exists in California. Our law firm has been representing homeowners and consumers dealing with financial problems and mortgage foreclosures brought by banks for more than twenty years. We litigate foreclosure defense lawsuits. We file Chapter 7 and Chapter 13 bankruptcies on behalf of our clients to stop foreclosure proceedings. When necessary, we attend, on our client’s behalf, foreclosure court conferences. We litigate defective mortgages, defective foreclosure lawsuits and predatory lending issues. We also bring to the court’s attention fraudulent activities that mortgage brokers, financial institutions and appraisers engaged in during the mortgage underwriting process.

We can keep you in your home! Call us for a free consultation at 1-800-344- 6431; 516-561-6645 or 718-350-2802.

Blame the Banks, Not the Homeowners, for the Mortgage Crisis (PART 2)

Fraudulent Mortgage Applications

Banks were aware that the applications that had been submitted to them by individuals seeking mortgages were fraudulent.  Instead of operating an appropriate underwriting process that provided due diligence to see to it that the consumer’s requesting mortgage loans could actually make payments on these loans, the banks simply stopped underwriting the loans in any reasonable manner.  The failure of the banks to properly underwrite the loans is one of the principal reasons for the mortgage bubble in America.

Income-to-debt Ratio

The banks have been aware for decades that there is an income-to-debt ratio a perspective homeowner must meet to be able to afford to make mortgage payments.  Loan officers, mortgage brokers, real estate agents and appraisers were involved in the submission of fraudulent documents where the loan-to-debt ratio was of such a nature that the perspective homeowner could never successfully make the mortgage payments.

Servicing Companies Who Would Rather Foreclose than Modify Mortgages

The servicing companies hired by financial institutions to service mortgages were supposed to provide the consumer with a simple, reasonable mortgage modification process.  Instead, incompetent under-financed mortgage modification programs were set up.  The financial institutions continuously ask the consumers to send and resend the same documents.  The communication level between the mortgage servicing companies and the consumer is almost non-existent.  Consumers became more and more frustrated in trying to communicate with individuals at the serving companies who knew nothing about their pending mortgage applications.  Instead of appropriately processing mortgage modifications for creditworthy individuals, these individuals have been turned down for their mortgage modifications.

Twenty Years of Representing New Yorkers in Foreclosure Defense Lawsuits

Our law firm is currently handling dozens of foreclosure defense cases throughout the Metropolitan New York area.  We help our clients obtain mortgage modifications.  We prevent banks from forcing our clients out of their homes.  We attend court foreclosure conferences, litigate defective foreclosure lawsuits, predatory lending, bad faith and other improper practices by financial institutions.

Should you need help, we are the law in the Metropolitan New York area with an extremely high success rate in our foreclosure defense cases.  Call us at 1-800-344-6431, 516-561-6645 or 718-350-2802.

Foreclosure Rates Dip In November 2010

November 2010 marked the lowest level of foreclosure activity in the United States in the past eighteen months! This is not an indication that the economy is coming back, or that people are earning more money and homeowners are making their mortgage payments. The significance of lower foreclosure rates is most likely caused by a number of the largest banks in the country freezing their foreclosure process due to the fact that they are being investigated by attorney generals in all fifty states. The investigations concern the improper handling of foreclosure proceedings.

In the month of November 2010, 67,428 homes were taken back by lenders. This is the lowest rate since May 2009; however, as of the end of November, 980,000 homes in the United States have been lost in foreclosure sales. This is the largest amount of homes being taken in foreclosure since 2005.

Rick Shark, a senior vice president at Realty Tarc stated “It’s almost impossible to imagine we won’t break a million” (referring to foreclosed homes this year). He further stated, “Unfortunately, it’s a record that we’ll probably break next year.” Had there not been a problem with improper foreclosure procedures, it was likely that banks would have taken back 1.2 million homes in 2010.

Due to the problems seen in the courts and the investigations by attorney generals in all fifty states, banks temporarily ceased taking legal action against their borrowers who were behind on their mortgage payments. Some banks thereafter indicated they would proceed with the foreclosure process, but there are still a number of large banks who are not moving forward with foreclosures at this time.

Foreclosure Problems to Continue in 2011

Many of the factors that have been involved in this foreclosure crisis will still exist in 2011. High unemployment, falling home values and difficulty in obtaining new mortgages are several of the factors that are contributing to the current mortgage crisis.

It is estimated that almost 11 million homes, or 22.5%, of all homes that have a mortgage, were under water for the July through September quarter of 2010. This is according to housing data by the firm CoreLogic.

During November 2010, 262,339 homes received at least one foreclosure notice. Utah is now the number two state in foreclosures on a per-capita basis in the United States. It is estimated that 1 out of every 220 households in Utah received a foreclosure notice in November 2010. This is more than twice the average in the United States. Other states with very high foreclosure rates are California, Arizona, Florida, Georgia, Michigan, Idaho, Illinois and Colorado. The foreclosure rate in New York is high, but not as high as some of the aforementioned harder hit states.

Foreclosure Defense Lawyers

If you’re behind in your mortgage or have been turned down for a mortgage modification, you need to think about foreclosure defense. The foreclosure defense lawyers at The Law Offices of Schlissel DeCorpo have been assisting their clients in dealing with foreclosure problems for more than twenty years. We also help our clients with mortgage modifications. We represent our clients in court appearances and foreclosure conferences in court. We stop the foreclosure from going forward!

We deal with defective foreclosure lawsuits, bad faith bank practices and predatory lending issues. If you have a foreclosure problem, call us at 1-800-344-6431, 516-561-6645 or 718-350-2802. We can help you!

Housing Crisis Has Nightmare Scenarios

Foreclosure DefenseThere is currently a national scandal involving the “robo-signing” of foreclosure documents by personnel of financial institutions. There is concern that the foreclosure predicament resulting from the mortgage crisis in this country may destabilize the American financial system.

The Troubled Asset Relief Program, more commonly referred to as TARP, was set up to deal with the bank crisis in the United States related to the banking industry over-extending itself concerning residential mortgages. The Congressional Oversight Panel is the watchdog agency designed to monitor the TARP program. Recently, the Congressional Oversight Panel has been issuing warnings that the problems involving the servicing of foreclosures in the United States could create global economic problems.

The Congressional Oversight Panel is concerned that banks may not be able to prove they own the mortgage loans that they seek to bring foreclosure proceedings on.

In recent months, foreclosure proceedings have actually gone down. This is not related to homeowners making their mortgage payments; it is instead related to lenders temporarily stopping their foreclosure proceedings due to allegations of mishandling and fraud in thousands of cases.

Homeowners being unable to make their mortgage payments and the huge volume of foreclosures in the United States are significant factors in preventing the United States from having an economic recovery. The foreclosure crisis relates to banks giving mortgages to hundreds of thousands of individuals who basically could not afford to make the payments on their mortgages.

About Our Law Firm

The Law Offices of Schlissel DeCorpo is a general practice law firm that has extensive experience in handling foreclosure defense. In addition to foreclosure defense, our office handles litigation concerning defective foreclosure lawsuits. We also assist our clients in Chapter 7 and Chapter 13 bankruptcies as well as preparing and submitting mortgage modifications> on their behalf. Should you have a problem, feel free to contact us. Our phones are answered 24 hours per day, 7 days per week. Our phone numbers are 1-800-344-6431, 516-561-6645 or 718-350-2802.

Avoid Foreclosure Scams

The foreclosure rate in the United States is at an all time high. There are unscrupulous individuals who are using the foreclosure crisis to take advantage of homeowners who face the loss of their homes in foreclosure proceedings. A variety of scams exist. These scams cause further problems for homeowners. The following are a list of the types of scams that should be avoided:

1. Businesses that advertise with fliers placed in your mailbox or solicit door to door. There are various agencies that represent to homeowners facing foreclosure that they can help them. However some of the solicitations from these foreclosure help agencies not only do not help you in the foreclosure but further scam you out of your hard earned money.

2. You should review documents before you sign them. Sometimes the unscrupulous agencies advise the homeowner they need them to sign documents to authorize the agencies to negotiate for new payments plans with their financial institutions. Some of these documents actually surrender the title (deed) to your house in exchange for “rescue” loans. Do not sign any paperwork unless you have read it carefully or had it reviewed by an attorney that does foreclosure defense work!

3. Be careful about rent to buy programs. There are scam artist out there that will have you send a rental check every month to them. They will claim that they are
negotiating with your mortgage company regarding a refinance. However these rent to buy program scam artists keep your rental money and do not send the funds to your financial institution. Be careful not to sign any documents that deal with the title or deed to your house. Your home should remain in your name! The scam artists will sometimes tell homeowners that by giving up the ownership to your home you can obtain a better credit rating and secure new financing down the road. This is a lie!

4. Hire duly licensed attorneys who handle foreclosure defense cases. The world if full of lawyers. Some lawyers do divorces, some lawyers do car accidents case and some lawyers have experience in handling foreclosure defense. Make sure you are dealing with a licensed attorney in your state that handles foreclosure defense work. Attorneys who have experience handling real estate transactions do not necessarily have the experience to handle litigation involving financial institutions. Choose your attorney carefully!

5. If you have been scammed contact your local bar association for assistance. Local bar associations can provide you with a list of attorney’s that can help you with foreclosure defense and assist you in dealing with problems related to mortgage foreclosure scams.

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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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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

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