Tag Archive 'foreclosure'

Oct 11 2011

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What Happens to Lender Misconduct Claims in an FDIC Takeover?

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There are two main problems that should be solved when a bank goes out of business and is taken over by the FDIC. The first is whether or not all of the proper processes of the FDIC must be gone through by the debtors before they can have a court analyze their claims against the original bank. The second is which claims against mortgage lender misconduct would even survive the legal protections the FDIC has.

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In terms of the first issue, regulations dictate the administrative claims process that debtors must use when a bank fails and is taken over by the government. Importantly, the FDIC has the ability to disallow claims brought by debtors, but the agency must mail out a notice informing them of borrowers’ ability to present their claims within a stipulated amount of time (90 days from the date the notice is published). Then the agency has another 180 days to evaluate if it will allow the claim or not.

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The second issue involes which claims would survive a bank takeover. The FDIC has various protections against claims that might have been brought against the original lender, current mortgage holder, and servicing company. Borrowers and their attorneys will have to answer a number of concerns to determine if and what claims would survive.

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Sep 09 2011

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Do Not Waste Loss Mitigation Opportunities When Stopping Foreclosure

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For many homeowners facing eviction from their home, working with a loss mitigation expert may make a huge difference in reducing levels of anxiety and gaining the best opportunity to put together a solution with the bank. Loss mitigation companies are able to negotiate with mortgage companies for solutions that allow homeowners to get out of the foreclosure situation and begin a reasonable payment plan going forward.

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However, it is essential that homeowners know when to take advantage of the services of a loss mitigation company, and when the chances of success may be small. Especially if the lender has denied a foreclosure victim’s loss mitigation request because that alternative had already been tried but failed, the lender may not be able to reopen negotiations.

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The issue in that instance should be, what makes the homeowners believe any other company is going to be able to get a better result at this point? Loss mitigation experts may be able to speak with the lender, but if the homeowners’ financial situation has not changed for the better, then the exercise may just be a waste of time.

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Sep 07 2011

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How Mortgage Servicers Push Homeowners Into Foreclosure

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As hard to believe as it sounds, many mortgage servicers misapply customer payments. While they take in the full amount of a payment, they either do not credit it, credit it to the wrong mortgage, or only count it as a partial payment. For instance, a payment of $1,550 may be counted as $1150, creating a $400 per month shortfall that, over months, leads the owners into foreclosure.

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Similar to incorrectly crediting payments is when a servicing company will just add late charges and property inspection costs related to a default when the debtors have made all of their payments without being late. This can be an outright falsehood and it is almost impossible to convince the companies to fess up to this and correct the error.

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Another clerical and record keeping issue the companies commit is when they force place insurance on a house that already has enough coverage. The servicer will determine that the amount of insurance is not enough and will buy a policy through an insurer that is much more expensive than what the debtors could qualify for on their own.

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Aug 29 2011

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Tips for Getting a Loan Modification and Stopping Foreclosure

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If you have fallen behind in your house payments, you may qualify for mortgage help in the form of a government-subsidized mortgage modification. This means that your mortgage will be slightly altered in order to bring down your monthly payments.

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If you qualify for a mortgage modification, you should keep in mind that this may be for a very defined time period. At the end of the modification, your monthly payments will slowly go back up to the original amount. However, you will not owe any back amounts, as long as you successfully finish the plan.

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If you qualify as a high level borrower, you will have to attend some debt counseling courses certified by the Department of Housing and Urban Development. Also, the amount you owe on your home without interest must be less than $279,750.

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Aug 14 2011

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Carefully Consider Payday Advance Loans if You are in Foreclosure

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Once foreclosure victims take out a payday advance loan to make the mortgage, they can easily fall into a cycle of not having suffcient funds to pay back one or the other, and then not having enough money to pay back either loan.

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Even if the loan is only a couple hundred dollars, interest rates can be several hundred percent, and the term of the loan is usually very short. Property owners may not want to put themselves in a position where they only have two weeks to repay a loan with an annual 800% interest rate.

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We have gotten emails from homeowners in exactly this situation, who first had taken out several payday advances in order to pay the mortgage, but ended up having to take out more and more just to pay back the previous loans.

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Aug 07 2011

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The Importance of the Hardship Letter in Saving a Home from Foreclosure

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Borrowers in foreclosure who are attempting to negotiate a short sale or mortgage modification almost always have to include a hardship letter with the bank’s application. The lender needs to know why the homeowners fell behind on their loan payments.

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The hardship letter can often make a big difference in whether a deal is accepted or turned down, and whether a realistic offer is made by the lender. So taking time to explain the hardship in detail is very important for foreclosure victims.

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In fact, if the homeowners are really concerned about keeping their home, they should take extra effort to write the hardship letter, spelling out precisely to the bank why they fell behind, how their circumstances have changed for the better, and why they will not fall behind in the future.

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