The Federal Government has recently settled for 25 million dollars with Bank of America, Wells Fargo, JP Morgan Chase, Citigroup, and Ally Financial with regard to pending litigation concerning their improper activities regarding mortgages.
The cases were initially started in 2010. Banks were initially found of guilty of signing off on foreclosures without appropriately reviewing them. The scandal uncovered what has been referred to as robosigning. Robosigning is where bank officials sign documents without reading them. Sometimes as many as hundreds of these documents within a day.
Banks Broke The Law
The banks involved in the robosigning scandal broke the law. As a result of their improper activity thousand of homeowners were evicted from their homes for invalid or nonexistent documentation.
Who Receives the 25 Million?
The exact details with regard to the settlement have not been worked out. However, it is anticipated the money will be allocated as follows:
1. 1.5 billion dollars in cash payments will go to approximately 750,000 qualified homeowners who lost their homes in foreclosure between 2008 and 2011. This works out to about $2000 per homeowner.
2. Banks will agree to 17 billion dollars in principle reductions concerning homeowners who have homes that are underwater and are either at risk of default or currently in default on their mortgages.
3. 3 billion dollars will be allocated to homeowners who are currently paying high mortgage raters or have adjustable mortgages. The adjustable mortgages can be reset to very low interest rates.
4. The balance of the settlement funds will be utilized for consumer protection programs and to establish reforms with regard to the bank servicing agency.
It is estimated that it will take between eight and ten months to set up a methodology of distributing the funds and establishing who the homeowners are that would have to be compensated. The settlement will be thereafter put into effect for a period of 36 months.
Federal officials have suggested that the total amount of funds paid by the financial institutions will end up being as high as 39 billion dollars.
This Is Not Enough
Paul Dales, a housing economist recently stated “you are hardly skimming the surface. It could help some people a lot, individually. But in terms of the big picture, overall economy and housing market, it is really just a drop in the ocean of the problem. Only the five banks mentioned have agreed to this settlement, while mortgages funded by Fannie Mae and Freddie Mac are exempt. This cuts more than half of the homeowners from eligibility right off the bat.”
Punishment for Banks
Experts feel that the 25 billion dollars being paid by the financial institutions will not have a significant impact on dealing with the housing crisis in the United States. While the plan may be flawed, it is a start in the right direction!
Stopping Foreclosure By Filing Bankruptcy
Foreclosure related bankruptcy filing is one of the possible options in dealing with foreclosure problems. Individuals and spouses can file either Chapter 7 or a Chapter 13 bankruptcies. The filing of the bankruptcy immediately stops foreclosures from moving forward, stops debt collection practices and stops creditor harassment. In some circumstances the filing of bankruptcy can eliminate second mortgages. Call us and we can discuss the types of bankruptcy that are available to you and why filing bankruptcy may be in your interest and other foreclosure defense related options.
Attorneys Who Defend Foreclosures In New York
The Long Island foreclosure defense lawyers at The Law Offices of Schlissel DeCorpo have for more than two decades been representing the families in the courts of Nassau and Suffolk Counties. The firm helps clients obtain mortgage modifications. The firm also prepares forensic audits on behalf of clients. If a foreclosure action is started, the firm submits written answers alleging defenses such as predatory lending, defective foreclosure lawsuits and defective mortgages. The firm’s attorneys appear in court for settlement conferenceand pressure the financial institutions to give their clients mortgage modifications.
Foreclosure related bankruptcies are another option to deal with foreclosure lawsuits. Either the filing of a Chapter 7 or a Chapter 13 bankruptcy will bring a foreclosure proceeding to a halt. Either of these bankruptcies can be utilized to stop foreclosures, stop debt collection, and stop creditor harassment. Contact the firm for a free consultation.
