Mark Haven is the author for this article that describes about how Loan”>http://www.stonehavenlaw.com/loan_modifaction.html”>Loan Modification serves as a possible solution that reduces mortgage payment and “>http://www.stonehavenlaw.com/FORECLOSURE_DEFENSE.html”> avoids foreclosures during financial hardships. More Info visit www.stonehavenlaw.com
Archive for Bankruptcy
Jan
24
Foreclosure On Credit Report After Bankruptcy?
Posted by: | CommentsI filed bankruptcy two years ago, after my lender initiated foreclosure. According to the bankruptcy lawyer, having the mortgage included in the bankruptcy would avoid having a forclosure on my credit report. Recently I found that the lender is still reporting the loan as a foreclosure. I disputed the item, and got back a reply stating, “This creditor has
verified to Equifax that the current status is being reported correctly”. Am I correct in thinking that the item should be changed? If so, how should I proceed? If the item is changed to reflect inclusion in the bankruptcy, will it still show the payment history?
Jan
24
Loan Modification- Serves Fruitful in Reducing Mortgage Payments & Avoiding Foreclosures
Posted by: | CommentsA loan modification reduces monthly mortgage payments and makes them more affordable for you. Loan modifications can be done whether or not a person is behind in the loan payments, based on his or her financial situation, current hardship, and ability to make smaller payments. Loan modification is a permanent change to the terms of your mortgage or home loan. A loan modification can result in a lower monthly payment through an interest rate reduction, increasing the length of the loan, lowering of the principal balance, setting up payments for back-interest owed, or a combination of these options, lowering or fixing interest rates.
Loan modifications avoid foreclosure and this option is gaining in popularity as lenders realize that keeping homeowners in their home actually might save them money. Foreclosure is an expensive process for banks, and with the current downturn in real estate values, lenders do not want millions of dollars getting into foreclosures. Since the cost of modification can be much less than the cost of foreclosure, banks and lenders are often willing to negotiate reasonable terms and modify existing mortgage payment terms.
So you have made the right decision to go for loan modification according to what is discussed above. But filing it on your own can make you wait longer for things to get into shape and your loan modification to take place. Given the present housing crisis, banks and lenders have been overwhelmed with loan modification requests and are very difficult to work with. Consulting attorneys can help you through this ordeal and take the burden off of your shoulders. Attorneys know the way things are and they are in constant negotiation with many of the major lenders in the country. This enables us to negotiate the lowest rate for your loan modification in the most expedient manner possible. Most of the banks are already involved in predatory lending lawsuits, and want to make loan modification process run smoothly for our attorneys. Working with attorneys enables you to use progressive tactics to accomplish aggressive solutions. The attorneys can then examine your financial statements, income and expenses, as well as the lender’s expenses and terms, and negotiate to get you the best loan terms that fit your present financial situation.
How can I access that I need to go for a Loan Modification?
The first and foremost condition which can make you think about loan modification is the inability to refinance due to loss of equity, owing more than your home is worth. Next comes the inability to refinance due to late or irregular mortgage payments, then if you are facing financial hardship arising out of loss of job, loss of income due to divorce or a sudden death of a earning family member or due to medical expenses and a financial condition leading to foreclosure.
In any of the above cases loan modification can be applied for and doing it on your own could be trouble some for you to stick to your phone explaining your case again and again. There is a constant run for you from pillar to post including wastage of valuable time and in such a scenario, consulting an attorney can serve worthwhile for you to get loan modifications done that will reduce mortgage payments considerably and avoid foreclosures.
Jan
21
7 Steps to avoid foreclosure
Posted by: | Comments@2009 by Tony Barnes.
I am going to share some tips that the banks do not want anybody to know on how to avoid foreclosure. What is going on right now in this country is many banks made outrageous loans to just about anybody who could fog up a mirror. Now their strategy has come back to haunt them with the current foreclosure crises.
1. If you have not missed a payment yet but think you are going to, the first step is to contact the bank and try to make arrangements to pay, or get a forbearance that allows you to delay payments for a short amount of time.
2. Ask for a repayment plan where you add a portion of the missed payments to the next few payments. This will help in the event of a short term unexpected expense or sudden repair that may take you by surprise.
3. If you are two or three payments late, the lender may still make arrangements to repay, but you may have to put up to half of the outstanding balance to resume the loan. Never ignore the lender letters and notices. Always keep in contact with the lender to keep them aware of the situation. Ignoring the problem only makes the situation worse and increases the costs.
4. You may get a loan modification through the lender bailout programs from the government. If you qualify the lender will adjust the terms of the mortgage to make the loan more affordable. They can lower the interest rate, re-amortize the past due amounts into a new loan, or lengthen the time period of the loan to reduce the payments.
5. Some companies may offer a short refinance where the lender forgives some of your debt and refinances the rest into a new loan. The lender is able to get more money this way rather than foreclosing on you which creates a win-win for both of you.
6. Deed in Lieu of foreclosure is another possible step that can help. Basically you sign the paperwork to give up your rights to the home and give it back to the bank. Then the bank can skip the foreclosure process without having to foreclose.
7. This last step is negative on your credit and should be avoided if possible. You can file chapter 13 bankruptcy to stop the foreclosure process and can force the mortgage lender to accept a more friendly payment plan. A bankruptcy will affect your credit for 10 years.
If all the seven steps above fail, you may still have one option. You can sell the property up until a few days before the sheriff sale. You can contact an investor such as me and we may purchase your home and put money back into your pocket if your situation allows it. For more details or to hear a free recorded message with these steps you can call 888-442-2320 x9004.
Here is the information an investor will need to know about your situation to see if you qualify.
By using these simple steps you may keep a foreclosure off of your record, possibly receive some money back and give you piece of mind by alleviating part of your financial responsibility and burden.
Tony Barnes is the President of Barnes Investment Properties and is a Private Real Estate Investor. Tony looks for win-win situations where the buyer, the seller and Tony can all win. For more foreclosure information go to http://seller.barnesip.com
Jan
08
Foreclosure Defense Attorney – Helping Homeowners Avoid Foreclosure
Posted by: | CommentsThe last couple of years have been quite unstable for the housing market. People are facing foreclosure and losing their homes. According to statistics, in Florida 4% of all the mortgages are facing foreclosure proceedings. It is obvious that the situation is really bad; however, a homeowner can seek the help of a foreclosure defense attorney to know his/her options.
The fact is that for vast majority of people foreclosures are stressful, confusing and overwhelming because they do not know much about the foreclosure proceeding. They are not aware of the fact that there are options available to them that can help them avoid foreclosure proceedings.
Loan Modification
A specialized foreclosure defense attorney can lay out the options available to homeowners who are facing foreclosure. Under the Housing Bill passed by President Obama, homeowners facing foreclosure can go for loan modification. Assistance of a foreclosure defense attorney can help a homeowner negotiate the mortgage modification with the lenders.
Short Sale
Still another option that homeowners have is that of short sale. Under this option the homeowner will sell the mortgaged property for less than balance owed on the loan. The proceeds of the sale are given to the lender. Before the sale, the short sale lawyer will negotiate with the bank. The short sale attorney will convince the bank that due to economic or financial hardship, the bank should agree to a discount the loan balance. Therefore, after the house is sold the remaining balance is discounted.
Deed In Lieu
Another way that a homeowner can avoid foreclosure is by opting for deed in lieu. The homeowner’s real estate attorney will negotiate with the lender. The homeowner will sign over the deed or title of the property to the bank and the bank in return will cancel the mortgage.
Bankruptcy
Another option that a real estate lawyer can suggest to a homeowner is that of filing bankruptcy. This will not only stop all foreclosure proceedings but will also give a chance to the homeowner to repay some of the debt and retain the house.
Refinancing
A Florida real estate attorney can also suggest the option of refinancing to avoid foreclosure. Refinancing simply means that the homeowner replaces the existing mortgage with a new one. In most cases, the new mortgage comes with lower interest rates and better terms and conditions.
Reverse Mortgage
A very good option that a foreclosure defense attorney might suggest is that of reverse mortgage. This is simply a loan against the property. A homeowner does not need to repay the loan as long as he/she lives there. However, this option is mostly available to those who own the property and are over 62 years of age.
Contesting Foreclosure
In many cases it has been seen that homeowners can successfully contest foreclosure proceeding. A foreclosure defense Jacksonville lawyer can help homeowners find the legal grounds on which the proceedings can be challenged. It might be possible that the mortgage company has filed the foreclosure proceedings illegally. A cautious attentive homeowner with the help of a foreclosure defense Florida attorney will be able to figure out what is illegal about the proceedings.
The bottom line is that there are several options available to homeowners to help them avoid foreclosure. It is upto the homeowners to seek these options. A foreclosure defense attorney will act as a specialist guide in their efforts to avoid foreclosure.
The last couple of years have been quite unstable for the housing market. People are facing foreclosure and losing their homes. According to statistics, in Florida 4% of all the mortgages are facing foreclosure proceedings. It is obvious that the situation is really bad; however, a homeowner can seek the help of a foreclosure defense attorney to know his/her options.
The fact is that for vast majority of people foreclosures are stressful, confusing and overwhelming because they do not know much about the foreclosure proceeding. They are not aware of the fact that there are options available to them that can help them avoid foreclosure proceedings.
Loan Modification
A specialized foreclosure defense attorney can lay out the options available to homeowners who are facing foreclosure. Under the Housing Bill passed by President Obama, homeowners facing foreclosure can go for loan modification. Assistance of a foreclosure defense attorney can help a homeowner negotiate the mortgage modification with the lenders.
Short Sale
Still another option that homeowners have is that of short sale. Under this option the homeowner will sell the mortgaged property for less than balance owed on the loan. The proceeds of the sale are given to the lender. Before the sale, the short sale lawyer will negotiate with the bank. The short sale attorney will convince the bank that due to economic or financial hardship, the bank should agree to a discount the loan balance. Therefore, after the house is sold the remaining balance is discounted.
Deed In Lieu
Another way that a homeowner can avoid foreclosure is by opting for deed in lieu. The homeowner’s real estate attorney will negotiate with the lender. The homeowner will sign over the deed or title of the property to the bank and the bank in return will cancel the mortgage.
Bankruptcy
Another option that a real estate lawyer can suggest to a homeowner is that of filing bankruptcy. This will not only stop all foreclosure proceedings but will also give a chance to the homeowner to repay some of the debt and retain the house.
Refinancing
A Florida real estate attorney can also suggest the option of refinancing to avoid foreclosure. Refinancing simply means that the homeowner replaces the existing mortgage with a new one. In most cases, the new mortgage comes with lower interest rates and better terms and conditions.
Reverse Mortgage
A very good option that a foreclosure defense attorney might suggest is that of reverse mortgage. This is simply a loan against the property. A homeowner does not need to repay the loan as long as he/she lives there. However, this option is mostly available to those who own the property and are over 62 years of age.
Contesting Foreclosure
In many cases it has been seen that homeowners can successfully contest foreclosure proceeding. A foreclosure defense Jacksonville lawyer can help homeowners find the legal grounds on which the proceedings can be challenged. It might be possible that the mortgage company has filed the foreclosure proceedings illegally. A cautious attentive homeowner with the help of a foreclosure defense Florida attorney will be able to figure out what is illegal about the proceedings.
The bottom line is that there are several options available to homeowners to help them avoid foreclosure. It is upto the homeowners to seek these options. A foreclosure defense attorney will act as a specialist guide in their efforts to avoid foreclosure.
Find Foreclosure Defense Attorney, short sale attorney, short sale lawyer, refinance attorney or a Mortgage Fraud Attorney by visiting the provided links.
Jan
06
Legal Defenses to Foreclosure
Posted by: | CommentsThe following are legal defenses to foreclosure to beat the bank:
1. Truth in Lending Act (TILA) violations enabling rescission. If your loan is a refinance, the bank must have provided you a set of disclosures at the time of closing. If these disclosures are inaccurate, the loan is statutorily rescindable under TILA. For example, in a foreclosure action, the finance charge must have been accurate within $35 or the loan may be rescindable. This means the loan is cancelled and all money paid to the lender is refunded.
2. Truth in Lending Act (TILA) violations enabling damages. If you purchased the property with the loan or used the proceeds to refinance and proper disclosures were not given, then you may be entitled to money damages to offset the foreclosure.
3. Home Ownership and Equity Protection Act (HOEPA). This is a very powerful federal law governing high cost refinance loans. If your loan is under $150,000 or the initial rate was above 8%, you should evaluate your loan for violations of this act. Violations here enable rescission and substantial money damages that can be in excess of the loan’s dollar amount.
4. Failure to Provide a Correct Notice of the Right to Rescind. There is a specific notice that must be provided to refinance customers at closing. If this form is inaccurate or incorrect, the loan is rescindable up to three years after the closing date.
5. Breach of Contract. Many times the lender will do things that are unfair or unjustified before starting the foreclosure process. Just as you have an obligation to pay the mortgage, the lender has a responsibility not to interfere with your ability to do so – like force placing insurance making the payments substantially more expensive than they should have been.
6. Real Estate Settlement Procedures Act. This federal law governs many types of disclosures that lenders must provide at the time of closing, in addition to prohibiting things like kickbacks and unearned fees. It enables damages, and sometimes rescission if the error triggers TILA.
7. Fair Debt Collection Practices Act. This federal law requires servicers or lenders who obtain the mortgage after default follow specific protocol in attempting to collect on the debt. A failure to follow this law enables statutory damages and attorney’s fees.
8. Fair Credit Reporting Act. This federal law governs lenders ability to report information about the mortgage and requires the accurate reporting of negative information. Violations of this act also enables damages and attorney’s fees. Punitive damages might be available under this act.
9. Real party in interest. This is a procedural defense to foreclosure that can be extremely effective at stopping the lender’s ability to foreclose. It essentially questions the ownership of the mortgage and questions whether the foreclosing party is, in fact, the holder of the mortgage and note.
10. Unconscionability. This defense is focused on the events surrounding the creation and closing of the mortgage loan. A violation here gives the court great leeway in deciding whether the mortgage should be voided or changed.
11. Failure to state a claim upon which relief can be granted. This general defense attacks the lender’s ability to foreclose and is can be used in conjunction with one of the other foreclosure defenses.
12. Failure to establish conditions precedent. Want to get a foreclosure action thrown out of court right away? Use this defense that attacks the lender’s pre-foreclosure processes.
13. Failure to comply with FHA pre-foreclosure requirements. FHA requires every lender to mail a booklet called “How to Avoid Foreclosure” and set up a face-to-face meeting with the borrower before foreclosing (in most cases). If the lender does not take these steps, then it cannot foreclose.
The author of 23 Legal Defenses to Foreclosure has identified over 50 legal defenses to foreclosure (23 with detailed explanations), which are listed in his book. For more information about each of the defenses above, consider the book, 23 Legal Defenses to Foreclosure, by
clicking here. The book includes checklists and easy-to-read chapters that show you how to identify these errors in your own loan.