April 9, 2009

Strategies for Dealing with Foreclosure

The Michigan Collection Law Blog has posted an article that reminds people to have an "exit strategy" when being faced with foreclosure.

This article suggests to first prioritize what kind of residence you need after having to leave the foreclosed property. Second, it is important to look at the resources available to you and what kind of new home that will get you. Some people find their best option is to move into an apartment or a rental home.

The third suggestion strategy is to

...calculate the date that you have to be out of the foreclosed property... home owner can use this period to save up money for a down payment on a land contract, or a security deposit and moving costs. Think about it, living rent and mortgage free for six months is a great boon to anyone's finances. You just need enough discipline to save what you can.

Gary Nitzkin, author of this article and a Michigan attorney, gives the example of one of his foreclosure cases:

Although we had our exit plan in place, the bank did not appear at the sale. I cannot tell you why the bank did that, but I can give you plenty of good reasons why the bank made the right move. First of all, when the bank owns the home, it incurs substantial holding costs on the property such as taxes and utilities. Moreover, the bank has to hire a property maintenance company to visit the property to keep out trespassers, squaters, thieves and vandals. It is far more economic for the bank to keep people in their homes and perform these functions than for the bank to start forking out bailout dollars. Third, the banks already own tons of property. They were not supposed to be in the real estate business, but now they are. The banks are unhappy about this. Finally, there is talk of legislation to put a moratorium on foreclosures.

If you are facing foreclosure and have questions or concerns, feel free to contact us.

March 16, 2009

Foreclosure Crisis Worsens

The Consumer Law and Policy Blog has posted an article dealing with an increase in foreclosure related problems.

The article says that... "while foreclosure filings have not increased, every other category, including total loans in foreclosure and total loans more than 90 days past due, increased and continues to set new records. In case anyone had any doubts, subrime adjustable-rate mortgages are a failed product. A whopping 48% of these mortgages nationwide are delinquent or in foreclosure."

If you are facing foreclosure and have questions or concerns, feel free to contact us.

March 13, 2009

Wrongful Foreclosure Lawsuits - Failure To Credit Payments

Given the increase in foreclosures in Alabama (and nationwide), we are often asked if we can file suit against the mortgage companies for foreclosing on our clients. The answer is "it depends - what did the mortgage company do wrong?"

The simplest type of case (not simple to litigate but the cleanest) is when a mortgage company simply does not credit the payments it has received. Then the mortgage company says you are behind on your payments and ultimately forecloses.

This seems so obvious that surely no mortgage company would do this. While it is obvious, it happens. So what do you need to do if this happens?

1. Get the proof that your payments were sent in and accepted. Show the check where it was deposited. Show the proof of your online payments. You must show without any doubt that the payments were made and accepted.

2. Show where you disputed or told the mortgage company that it was wrong and that you had disputed its claim that you are behind.

There are other things to do but those are two of the first things we insist on new clients showing us before we can go any further into looking at their potential wrongful foreclosure case.

One other thing to keep in mind - if the mortgage company claims you are behind (when you are not) or has actually foreclosed on you it is critical to pull your credit reports. Almost always you will have false information on your credit reports that needs to be disputed. If it remains, this can give you a federal claim under the Fair Credit Reporting Act (FCRA) which entitles you to recover damages and attorney fees.

We will write more about other types of wrongful foreclosure situations but we wanted to start with this simple concept that is surprisingly common - payments are made and accepted but not credited.

If you live in Alabama and would like to meet with us or would like us to send you further information, please contact us today.

March 8, 2009

Foreclosure in Alabama

The Birmingham Bankruptcy Blog posted a video about the foreclosure procedure in Alabama. In Alabama, the mortgage company doesn’t necessarily have to file a foreclosure suit to begin the process of foreclosing on your house. All the lender has to do is publish a notice of foreclosure in a local newspaper (commonly the Alabama Messenger in the Birmingham area) for three consecutive weeks.
The lender isn’t obligated to send the homeowner a letter about foreclosure if the homeowner is behind on mortgage payments, however, commonly they will.

If you are facing foreclosure, or have questions about your standing, feel free to contact us.

February 1, 2009

Foreclosure - How Are The Banks Treating Consumers?

Our friend Denise Richardson has an interesting post concerning investigations into the runaround that consumers are getting. Click over to her site and watch the videos. Particularly the ABC video where a congresswoman calls banks - if she has this much trouble, don't be surprised if you face similar runaround.

If you are facing foreclosure issues, understand that there are laws that must be followed by the banks or they may face liability. If you have questions, please contact us so we can help you understand your options.

July 7, 2008

Facing Foreclosure? Something To Remember....

In a recent post on her blog, Denise Richardson references a critical question in foreclosures - does the supposed lender actually own your home? This reminds us of the debt buyer lawsuits against Alabama consumers - the debt buyers cannot or will not prove they own the debt. When challenged, they typically give up.

If you are facing a wrongful foreclosure, feel free to contact us and we will help you understand your options.

May 14, 2007

Alabama Customers Of Ameriquest - Listen To Former Employees

Thanks to Consumer Law and Policy blog for this post which picked up on an amazing NPR audio story. You will find interviews with former Ameriquest employees who detail the level of deception as Ameriquest made loans all over the country, including Alabama.
Given what we have heard from clients who were mistreated by Ameriquest, this story is very credible.

May 6, 2007

Don't Forget About The IRS Kicking You If You Modify A Mortgage To Avoid Foreclosure

Kenneth R. Harney of the Washington Post has written a disturbing article about what happens when consumers work out a new deal with their mortgage company that involves forgiveness of principal. Here is the introduction to his fine article:

For homeowners who are seriously delinquent on their mortgages and hoping for relief, the Internal Revenue Service has bad news: If your lender agrees to modify your loan and forgive any of your debt, you could owe federal income tax on the amount forgiven.

Think of it as the tax code's "kick 'em while they're down" rule.

We think the conclusion of his article (which you should read in its entirety) is excellent:

Proponents of the debt-relief bill argue that short sales, mortgage delinquencies and foreclosures are painful situations for most homeowners and that there's no public policy purpose served by smacking them with tax penalties that make things even worse. In the case of below-market short sales, for example, most homeowners have already suffered sizable capital losses that are not tax-deductible. They've lost thousands of dollars in equity.

Why pile on?

The outlook for the bill: It's currently before the House Ways and Means Committee, Congress's primary tax legislation body. Because most of the majority-Democratic housing and banking committee leaders have called on banks and mortgage companies to work out solutions to keep troubled homeowners out of foreclosure, a bipartisan tax fairness bill like this one should have a reasonable chance of passage.

Well said. Given the possible tax implications, we suggest you consult with an experienced attorney or tax advisor before making any modification to your loan so you fully understand the true value of cost of the modification.

May 2, 2007

Foreclosure Scams Prompt Legislation Around Country

Last month an article appeared about the unfortunate problem of rising foreclosures leading to all sorts of scams that cheat struggling homeowners out of money. Here is an excerpt:

Soaring foreclosure rates are sending states scrambling.

Their goal: to protect homeowners from a new crop of scam artists who claim they will "rescue" borrowers. At the same time, some states are forming funds that could provide affordable fixed-rate mortgages to those on the precipice of losing their homes.

The stakes are high: As many as 130,000 homeowners – the most in 30 years – are going into foreclosure each month. Experts worry that entire neighborhoods will decline – similar to what happened in the 1960s and '70s – as abandoned foreclosed homes cause property values to drop. Some elected officials are calling for federal legislation to prevent predatory lending and asking lenders to voluntarily hold off on raising mortgage rates for those most in trouble.

You can read the rest of the article at this link - http://www.csmonitor.com/2007/0405/p01s03-usec.htm