Late Mortgage Payments Increase

During the last quarter of 2011, Trans Union credit reporting agency reports more than 6% of all mortgage holders in the United States were behind on their mortgage payments by 60 days or more.  It should be noted prior to the housing crisis that exists in America, the delinquency rate on mortgages was usually in the area of 2%.

Tim Morton, a group Vice President of US Housing in the Trans Union financial services unit, stated “the more encouraging news is when looking year over year the delinquency rate dropped over 6%! At this pace it will take a very long time for mortgage delinquency rates to get back to normal.”

Delinquency rates have been decreasing in Arizona and California.  Florida, which is the state with the highest delinquency rate, has a mortgage delinquency rate of approximately 14.5%!

The recent settlement by the five largest banks concerning mortgage improprieties may result in as many as one million mortgage holders having a reduction in the size of their mortgages.

Stabilization of Home Prices

The key to the real estate crisis in the United States is the stabilization of home prices and the reduction in the unemployment rate in the United States.  As the unemployment rate goes down, more Americans will become employed and the delinquency rates on mortgage payments will go down.  Less homes will be foreclosed upon and there will be stabilization over the long run in the real estate market.

The Best Housing Markets in America

2011 is not a good year for the housing markets in the United States. It is anticipated that real estate prices will fall an additional 2.5% in the second half of this year. The high foreclosure rates, high unemployment rates and low consumer confidence has a continuing negative effect on the real estate market. However, there are some markets that are expected to perform well this year. The five metropolitan areas that anticipate having the price of residential real estate go up are Washington D.C., Orlando, Dallas, San Francisco and New York City.

There tends to a be a positive up tick in the real estate market in the summer. The warm weather allows people to go outside and shop around for homes, co-ops and condos.

Distressed Home Sales

Before the housing market started to fail, distressed home sales related to foreclosures were a very small part of the real estate market. Today, bank owned homes represent approximately a third of all total sales of residential real estate. When you compare this to the year 2005, where distressed home sales were less than 5%, you see an enormous jump. In the year 2010, 1.7 million homes were considered distressed home sales.

Will Home Sales Bottom Out In 2011?

Some real estate experts believe that home sales will reach their lowest point in the first quarter of 2012. The Federal Reserve feels that the jobless rate will dip below 8% in 2012 and that the growth domestic product will increase from 3.3% to 3.7%.

Foreclosure Defense

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

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

Home Construction Rates Keep Falling

The home construction industry in the United States is in the doldrums. Builders are not applying for permits for new projects. Applications for building permits are at the lowest level in fifty years. Falling home prices, the huge glut of foreclosed homes in the market place and purchasers reluctance to buy a new home is destroying significant portions of the home building industry.

Jobs, Jobs, Jobs

Americans need jobs. The unemployment rate is too high! The housing industry will not recover unless more Americans are employed.

Tight Credit Markets

Both builders and prospective home purchasers need to obtain credit before they can build and buy homes. Right now small home building companies have been shut out of the credit market. Since they can’t obtain credit, they do not have the means to build homes. The few that are building homes are finding it very difficult to find perspective purchasers who’s credit scores and liquidity allows them to qualify for a new mortgage.

The housing industry in the United States is a mess. Things will continue to get worse unless financial institutions make it easier for homeowners to modify their mortgages.

Foreclosure Help in New York

If your home is in foreclosure we can help you. Our law office defends homeowners in foreclosure proceedings. We litigate defective mortgages, defective lawsuits, predatory lending issues related to foreclosures and other real estate problems. We are familiar with federal laws that deal with foreclosure. We assist our clients with mortgage modifications. After foreclosure lawsuits are started, we represent our clients at foreclosure court conferences.

Bankruptcy

In the appropriate situations we file foreclosure related bankruptcies for our clients. These bankruptcies can either be a Chapter 7 or Chapter 13 bankruptcy. These bankruptcies can be used to eliminate second mortgages, stop foreclosure proceedings and also stop all debt collection activity. At the end of the bankruptcy, we can help our clients in re-establishing their credit. Feel free to call for a free consultation or contact us online.

Foreclosure and Unemployment

Recent news reports have indicated that it will take approximately 24 months for the New York City and Long Island area to recover from the current high levels of unemployment. It is estimated that the metropolitan New York are will not return to it’s pre – recession levels of employment until April of 2013. Metropolitan New York is doing better at recovering from the recession then other parts of the country. It is estimated that the majority of the country will take 3 years to reduce the unemployment rates to pre – recession levels.

New York Real Estate

Although property values have not recovered from the real estate crisis, in the State of New York, real estate experts are proclaiming that we are doing better than California, Arizona and the majority of the sun belt. Although the pundits are claiming things will get better, I don’t see this happening. Foreclosure rates in the Metropolitan New York area continue to climb. Banks are refusing to provide feasible mortgage modifications to homeowners. Unemployment rates are remaining steady or climbing. The business areas in local communities have been devastated. There are empty stores everywhere.

2012 is an election year. President Obama is going to have to take further action to simulate our economy and revitalize our housing markets if he wants to get re – elected.

Litigating Foreclosures In New York State Courts and In Federal Courts

There are two different routes to dealing with homes that are in foreclosure. The cases can be defended in the New York State Courts. Defective mortgages, defective foreclosure lawsuits, predatory lending and other real estate related defenses can be submitted in a response to the service of the summons and complaint in a foreclosure proceeding. Mortgage modification applications can also be submitted to the financial institutions.

Filing Bankruptcy to Stop Foreclosure

The second route is filing foreclosure related bankruptcies. Both Chapter 7 and Chapter 13 bankruptcies will stop foreclosures from moving forward. The filing of bankruptcies will also eliminate unsecured debts, stop debt collection, harassment and in some cases, eliminate second mortgage liens. Call us for a consultation and we will discuss why filing bankruptcy may be in your interest, the types of bankruptcy available to you and how to re-establish credit after filing bankruptcy.

United States Government Sues Deutsche Bank Over Improper Loan Practices

In May of 2011 the Justice Department filed a lawsuit against Deutsche Bank. They asked for hundreds of millions of dollars in damages from Deutsche Bank. The lawsuit alleges that Deutsche Bank improperly charged it’s customers for bad loans issued by the bank. The lawsuit was filed in the United States District Court in New York.

U.S. attorney Preet Bharara stated upon filing the lawsuit, Deutsche Bank “ignored every type of red flag and breached every duty of due diligence before underwriting thousands of federally insured mortgages.” “While the homes the defendant’s issued loans for may have been build on solid ground, the defendant’s lending practices were built on quick sand. Ultimately prudence was trumped by profit, and good faith took a back seat to good fees.”

A representative from Deutsche Bank stated the charges against them were “unreasonable and unfair”.  The governments complaint stated that more than forty thousand loans were issued by Deutsche Bank during a ten year period from 1999 to 2009. These loans have a face value of more than five billion dollars.  The government alleges that as a result of Deutsche Banks loan program, there was numerous defaulted loans which have cost the United States taxpayers more than one billion dollars.

New York Foreclosure Defense and Bankruptcy Attorneys

There are a variety of ways to fight foreclosures. They can be litigated in the State Court where the lawsuit is brought. Defenses such as predatory lending, defective foreclosure lawsuits, defective mortgages, violation of federal laws related to foreclosure and other real estate defenses can be raised in the state courts. Applications can also be made for mortgage modifications to entice the financial institution to back off on the foreclosure proceedings.

In addition to the state based actions, families whose homes are in foreclosure can file foreclosure related bankruptcies. The bankruptcies filed are either a Chapter 7 or Chapter 13 bankruptcy. These are two types of bankruptcy that apply to consumers. Filing the bankruptcy stops foreclosures from moving forward, ends debt collection and sometimes eliminates second mortgages. At the end of the bankruptcy the individuals filing can re-establish their credit.

Should you have questions as to the best route for you to take to save your home, call us, we’ll provide you with a free consultation and discuss your foreclosure defense options. You are on the Elliot Schlissel foreclosure blog and we thank you for visiting with us.

Improving Your Chances of Obtaining a Mortgage

For a period of time in America, mortgages were being given out by financial providers without the appropriate due diligence requirements being met. This caused a mortgage crisis in the United States that we are still dealing with. There are currently new rules in place regarding obtaining mortgages. The rules are strict and the requirements are more difficult to meet.

Credit Scores

It takes a much higher credit score today to obtain a mortgage than it did five years ago. Prior to obtaining a mortgage, it is important that you investigate your credit score. If your credit score is not high enough to obtain a mortgage, procedures can be undertaken to increase your credit score.

Paying Down Debt

If you have significant debt from credit cards, car loans or other types of debt, it can have a negative impact on your credit score. By paying down your debt you improve your income to debt ratio, which in turn will raise your credit score.

Don’t Make Large Purchases

If you’re planning on buying a home, do not apply for additional credit cards and do not make large purchases on your existing credit cards prior to buying your home. Lenders will look into these activities and it will have a negative impact on their underwriting process.

Put More Money Down As a Down Payment

Lenders today are looking for 20% down payment before giving mortgage loans to prospective homeowners. If you could put down more than the 20%, it will increase your chance of getting a mortgage loan.

The mortgage process will require that you produce tax records, pay stubs, bank statements, credit reports and other financial documents. Maintain all of these documents in an organized fashion. This will ease the burden of filling out the mortgage loan applications.

Beware of the Twenty Eight Percent Standard

Banks today are following guidelines that total housing expenses should not exceed 28% of your monthly gross income. If you exceed the standard it will be difficult for you to obtain a mortgage.

Foreclosure Defense

Foreclosure is a nasty term. Foreclosure notices are depressing. There’s a tendency when your financial troubles are out of control to try to avoid these problems. This is a wrong way of dealing with this problem. Come to us, we can help you! We litigate all aspects of foreclosure proceedings including, but not limited to, defective foreclosure lawsuits, defective mortgages, predatory lending issues, bad faith, and other real estate legal issues. We attend foreclosure court conferences for the clients we represent. We also assist our clients in the preparation of mortgage modification applications, as well as deal with mortgage modification programs that are unresponsive to our clients’ needs.

In certain situations, foreclosure related bankruptcies can be utilized to stop foreclosures from moving forward. Upon filing either a Chapter 7 or a Chapter 13 bankruptcy, the bankruptcy court issues an automatic stay that stops the foreclosure lawsuit from moving forward. It should be noted that bankruptcy proceedings are brought in the United States Bankruptcy Court, while foreclosure proceedings are brought in New York State Courts.

For our clients who file bankruptcy, we can sometimes eliminate second mortgages. We also can assist our clients in re-establishing their credit after filing bankruptcy. Should you have questions as to what type of bankruptcy would be appropriate for you or whether there is other alternatives related to foreclosure defense, feel free to contact us. At your initial free consultation, we will discuss all of your foreclosure options. We look forward to seeing you again on our foreclosure blog.

How to Pick a Real Estate Agent

Buying a home may be the largest purchase for a family during their lifetime. Picking the correct real estate agent can eliminate many problems involved in the process.

Real Estate Agents Work on a Commission Basis

Real estate agents are not paid a salary. They work on a commission basis. They receive a commission only if they’re successful in selling the house.

Try to Obtain a Recommendation

The best way to find a competent and honest real estate agent is to ask your friends, family members, attorneys, accountants or other individuals who you respect for recommendations. You should practice due diligence and interview two or three real estate agents before deciding on one to represent you.

Real Estate Agents Represent the Sellers

A real estate agent is the agent of the seller. The real estate agent does not represent the buyer. They may appear to be your friend but be careful, what a real estate agent is primarily interested in is earning a living by selling homes.

Sellers Beware

Real estate agents, upon meeting with the prospective seller, want to obtain the listing. The agent will receive a commission even if he or she does not show your home. One of the things an agent may say to you in their first meeting is “I believe I have a buyer for your house”. This is a sales pitch. They may have a buyer who wants a house in your town, but they have no idea they want your house in particular. Another sales technique involves the agent telling you that they have obtained a great offer. However, this offer may be far below what you seek to obtain from the sale of your house. Remember, if a perspective purchaser makes you an offer and it is below what you want, you can make them a counter offer and meet them halfway or three quarters of the way to the price you want.

Buyers and Sellers

Buyers and sellers have different interests. A seller wants to get as much for his or her home as possible. The buyer wants to pay as little as possible. Both of them may be dealing with the same real estate broker. This may create a conflict of interest.

Real Estate Brokers Recommending Lawyers

The real estate broker you go to may recommend a lawyer to handle the real estate transaction. The broker may say this lawyer is affiliated with our office and he or she will give you a good deal. The issue you must look into is whether that lawyer really has your best interest at heart or is the real estate broker’s best interest his or her main concern. Real estate brokers refer lawyers to their prospective clients who they know will protect them with regard to their commissions. In most situations, you are better off having an independent lawyer that you obtained from another source.

Metropolitan New York Foreclosure Defense Lawyers

The New York City and Long Island foreclosure defense lawyers at the Law Offices of Schlissel DeCorpo can help you if you have a foreclosure problem. Our foreclosure defense lawyers litigate defective mortgages, defective foreclosure lawsuits, predatory lending and all other types of real estate related matters. We can explain the federal laws on foreclosure and how they affect you. We attend foreclosure court conferences for our clients.

In the appropriate situation, we will discuss foreclosure related bankruptcy issues, such as filing a Chapter 7 and a Chapter 13 bankruptcy with you. In bankruptcy situations, there is an automatic stay that goes into effect, ordered by the court, that stops foreclosure from moving forward. In some bankruptcy situations, we can eliminate second mortgages. At the end of the bankruptcy, we can assist you inre- establishing your credit.

Feel free to set up a free consultation with us. We will discuss your foreclosure options with you. Thank you for visiting our foreclosure blog.

Foreclosure Horror Story

Warren Nyerges and his wife Maureen purchased a home from Bank of America in St. Petersburg, Florida. They paid $165,000 for a twenty-seven-hundred square foot home.

Foreclosure Proceedings Initiated on Home

Several months after paying $165,000 for the home and having no mortgage on it, Warren and Maureen were sued in a foreclosure proceeding. They originally thought this was a joke. The house had no mortgage on it. This was the start of a saga lasting almost two years. A representative from Bank of America told Warren he was not current on his mortgage. This was ridiculous; he didn’t have a mortgage.

Homeowners Sue Bank of America

Warren and Maureen eventually sued Bank of America. After painstakingly researching this situation, Warren and Maureen found out that their names were taken from their real estate contract to buy the house and placed on a previously initiated foreclosure proceeding.

Florida Attorney General Investigation

The Attorney General’s office in Florida investigated this matter. They ascertained the attorney representing Bank of America had engaged in fraudulent practices. He had overcharged homeowners in legal fees. He also brought foreclosure proceedings without having the appropriate documents showing the banks were owed money on the homes. Eventually, Maureen and Warren were able to straighten out their problem with the help of a foreclosure defense attorney.

Foreclosure Help

Is your home in foreclosure? If so, we can help you save it! We are a foreclosure defense law firm. For more than thirty years, we have helped our clients in obtaining mortgage modifications and dealing with mortgage modification programs that fail to meet their needs. We represent our clients in foreclosure defense litigation. We litigate issues involvingdefective mortgage, predatory lending, defective foreclosure lawsuits and other types of real estate issues. We attend foreclosure court conferences on behalf of our clients.

At the time of our initial consultation, we provide all foreclosure options to our clients. In situations when foreclosure related bankruptcies make sense, we discuss either filing a Chapter 7 or Chapter 13 bankruptcy. Filing bankruptcy immediately stops the foreclosure from moving forward. Sometimes the bankruptcy can also eliminate second mortgages. We discuss with our clients how to re-establish credit at the end of the bankruptcy. Feel free to call to discuss your foreclosure options. We appreciate your visiting us on our foreclosure blog.

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.

Fixing Up Your Home for Sale

Do you want to sell your house? If the answer is yes, you may want to consider fixing it up to make it more sale worthy. It may be necessary to modernize or improve certain aspects of your home or to upgrade your property to make it more marketable in the over crowded real estate market.

How Much Should You Spend

The rule of thumb with regard to spending to make your home more marketable is to spend no more than one or two percent of your home’s value. There are various things you can do to make your home more marketable.

Kitchen Appliances

Your kitchen appliances should match each other (hopefully, this is not the first time you have heard this suggestion!). Attractive, stainless steel kitchen appliances or color coordinated kitchen appliances make the kitchen more presentable.

Landscaping

Real estate brokers talk about the concept of curb appeal. When a purchaser walks towards your home, do they like what they see? Your gardening should be neat and attractive. Shrubs should not be overgrown. Weeds should be removed from your lawn. Flowering shrubs, flowers and attractive pots also add to the curb appeal of your home. You may have to hire a gardener to obtain this look.

Painting

Homes with fresh coats of paint in their rooms have a cleaner, more attractive look. Stick to neutral colors, such as off whites or baige. Take a look at your moldings. Are they scratched or beaten up? Replacing or repairing and painting moldings adds a finishing touch to a room.

Storage Space

Perspective purchasers like to see organized storage areas. Make sure your closets and storage areas are neat and organized. Buyers will be looking into them! Closet systems can be an inexpensive upgrade.

Bathrooms

The grout around your toilets and your bathroom tiles should not be discolored, cracked, uneven, and there should be no missing grout. Beat up toilets and black grout have a negative impact on prospective purchasers. You don’t have to remodel your entire bathroom. Just fix it up and make it more attractive! If the shower head is dirty or rusty, replace it! Take a look at the light fixtures in your bathroom. Are they out of date, dirty or damaged? If so, upgrade and replace them with new, attractive light fixtures.

Selling Price

The minor upgrades, enhancements and fixing-up suggestions in this article may help you sell your home. However, in today’s market, one should be realistic as to what a home is worth. Your home is worth only what someone else will pay for it. Real estate values are based on numerous factors, including supply and demand. If you want more money than the market values your home at, you’re making a mistake. If you want to sell your home now, take the best reasonable offer! Do not be greedy!

Foreclosure Help in New York

Our office assists clients with mortgage modifications. We deal with mortgage modification programs that fail to meet our clients needs. We litigate defective foreclosure lawsuits, predatory lending issues, defective mortgages and bad faith by financial institutions. Our office has been involved in handling real estate matters for more than three decades. We also maintain a foreclosure blog. We advise our clients whether filing a Chapter 7 or Chapter 13 bankruptcy is necessary to stop their foreclosure proceedings from moving forward. We assist our clients in stopping foreclosure and sometimes we can help eliminate second mortgages. If a bankruptcy is filed at the end of the bankruptcy, we can help our clients reestablish credit. Feel free to contact us for a free consultation.

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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