Posts Tagged ‘Mortgages and Foreclosures’

Mortgage Modification Update: Not so Hopeful

Are you hoping that your mortgage company will “work with you” and modify your loan? Good luck.

On August 12, there was a Free Foreclosure Prevention Workshop at Gillette Stadium. I have heard a number of different perspectives from people who attended. The one thing I am consistently hearing: mortgages are not getting modified, at least in not any meaningful way to enable people to keep their home.

I then read this interesting news release from Massachusetts Attorney General Martha Coakley outlining her recent testimony to the US House Financial Services Committee confirming what I am already hearing:

The Attorney General’s written testimony outlines the office’s findings with regard to the implementation of loan modifications in Massachusetts. Specifically, the testimony notes that:

-Loan modifications are not being achieved in significant numbers. When compared to the number of foreclosures in process, far too few borrowers are able to restructure their loans to generate a sustainable loan; and

-When so-called loan modifications do occur, they often do not result in a sustainable loan. Lenders and servicers routinely offer and complete so-called loan modifications that increase monthly payments and increase overall debt. They do not meaningfully avoid foreclosure. At best, they temporarily delay the inevitable delinquency and eventual foreclosure.

You can read the entire release, and get access to Attorney General’s testimony here.

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Are Short Sales Just Silly?

It’s a question I have been asking myself of late. A Short Sale is when a lender (the mortgagee) agrees to release the mortgage from the property so that it may be sold to a buyer for less than when is owed on the mortgage. I am hearing that many people are exploring short sales as a means of “avoiding foreclosure.” But there are many variables that will make a short sale successful, and unless all of those variables are working in the homeowners favor, the short sale is not a good idea.

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Storm Preparation: Some Thoughts on What We Can Do

I didn’t sleep well last night. I tuned into the 11 o’clock news and learned about a Taunton homeowner in foreclosure who committed suicide on the day her home was scheduled to be auctioned. Since Wednesday is Storm Preparation day, the news story prompted me to get down to the nitty-gritty of things: reaching out.

I believe that one of the reasons why this situation with the Taunton homeowner strikes me so hard is because in the last several months, I have met several people who have waited a long time to reach out for help. For some, they waited too long and I have been able to help them. For others, I have been able to point them in what I hope was the right direction. And for a few, I have learned that there is nothing I can possibly do.

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Tuesday’s News…

Shocker: BAPCPA put more profits into the pockets of credit card companies says Harvard Law Professor Elizabeth Warren.

Yesterday I blogged about honesty in the bankruptcy. Today, there’s a report out of Wichita of a former debtor who was not so honest. He’ll be taking an involuntary vacation for 33 months for bankruptcy fraud.

Living on the edge: rising gas and food prices may push struggling families into foreclosure.

MSNBC explores the high price of commuting.

Does anyone have a spare $25 billion that they aren’t using?

Despite a new Massachusetts regulation forcing lenders to wait 90 days to foreclosure on homes (it went into effect on May 1), the Boston Business Journal reports that foreclosures continue to climb.

Sign of the times: Commercial bankruptcy filing rates are going up.

Sign of the apocalypse: Batman was arrested. No joke.

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Lessons in Loan Modifications

Suze Orman is growing on me. Sort of. She often has sage advice for consumers, and lately she has been making regular appearances on CNN’s Larry King Live. I cannot say I completely agree with everything she says, but lately, she has been telling it like it is and when it comes to financial news and advice, it’s refreshing to see some honestly on TV. I have her suggest to consumers that if they are having problems with their mortgage, they should contact their lender (i.e., the workout or the loss mitigation department). A client recently told me he did just that, after hearing Orman suggest it sometime last year. He was falling behind on his mortgage, and decided to walk into his local bank to talk to them. It did not go quite the way he planned.

At the time, the client was not residing in Massachusetts, and his lender was a local bank. He sat down with the manager and explained his situation. Instead of extending an accommodation, or working with the client to help him keep his home, the manager basically said this: “sorry, but we have a lot of loans going delinquent and we need to cut our losses, so we’re going to start the foreclosure process now.” And so they did. The bank pretty much put the house into an accelerated foreclosure process.

Yikes.

That’s lesson number one: don’t go telling your lender that you’re having problems paying your mortgage unless you have some reasonable expectation as to what the response will be.

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Charge (not so) Smart

Housing Wire reports that there is a new company that will allow consumers to use their credit cards to pay their mortgage payments.

“Our offering is perfect for the individual who may experience an unexpected lifestyle change such as a temporary income interruption or fluctuation,” said Mitch Friedman, co-founder of ChargeSmart, “or for the savvy consumer who wants to earn rewards for the ease of using his or her credit card for payment.”

Experience an unexpected lifestyle change such as a temporary income fluctuation? Perhaps for someone who just got fired but will land on their feet by the time the next month’s mortgage payment is due, but seems a bit unlikely. This has “bad idea” written all over it, and I’m not alone:

A source at a credit counseling agency that asked not to be named in this story said such a service could possibly work well for some troubled borrowers, provided that “using the charge card is only a temporary bridge into a more complete debt management program that doesn’t rely on consumer credit.”

“But using a service like this to shift unpaid debts around can be a very dangerous move,” she cautioned. “It can pile more debt up over existing debt.”

Others scoffed at the idea, and said ChargeSmart was merely looking to take advantage of borrowers facing their last rope.

“You can’t tell me that a good credit risk is going to pay 2 or more percent for the privilege of putting their mortgage onto their Visa,” said one bank executive, who asked not to be identified. “This is a service that is going to pull in troubled borrowers looking to make just one more mortgage payment before defaulting on both secured and unsecured debts.”

It might also help feed the denial I have written about. ChargeSmart seems like anything but that. If you think you need to use a credit card to make a mortgage payment, it’s time to rethink your financial strategies. And frankly, it may be time to start thinking about contacting me.

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Walking Away from the Mortgage and the Home? Consider this…

Some homeowners are giving up on the thought of keeping their home. There are a number of reasons for this. And if you are among the many homeowners contemplating walking away from their home, and the mortgage debt, you should consider a few things.

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Predators in our Midst: A Warning for Homeowners Facing Foreclosure

I know that attorneys and other professionals may send written solicitations to homeowners who are facing the possibility of foreclosure. However, I have heard that there are unscrupulous individuals who may be posing as attorneys or are providing bankruptcy “assistance” when in fact, they are not qualified to do so.

If you are facing foreclosure and are contacted by ANYONE who claims to be an attorney, point your browser over the Board of Bar Overseers and look up that person up. There, you will find out whether they are licensed to practice law in Massachusetts, whether they are insured, and whether there is any history of discipline against them. If the person claims to be an attorney and they are not listed there, stay away from them.

These predators obtain a homeowner’s name and address by scouring the Land Court records and the auction notices in local papers. This information is available to anyone who goes to the court, or who perhaps subscribes to this information through a vendor (such as Banker & Tradesman). Through clients, I have learned that homeowners can be contacted by attorneys, real estate brokers and salespersons, mortgage brokers, as well as “investors” or others who may not have their best interests in mind.

Clients have been known to bring in bundles of mailings they have received. But the unscrupulous ones may not send out mailings. They may call, or show up at the door. They may claim that they go to same church, or once lived in the same neighborhood. They will appear to be friendly and helpful. They are anything but.

The bankruptcy cases that are getting filed are sloppily prepared. In many cases, those filings are without a credit counseling certificate, which means the case will end up being dismissed. In many cases, the scoundrel has taken the last chunk of money these folks have all under the guise of “helping them.”

If you’re facing foreclosure, or know someone that is, be smart and be safe. Deal only with a licensed professional.

To look up a real estate professional’s license, click here.
To look up a mortgage broker’s license, click here.

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A Word of Caution: Foreclosure Prevention Counselors

There are a number non-profit organizations in Metro-Boston (and state wide) that provide mortgage and foreclosure assistance to homeowners facing foreclosure. Over the last several months, I have personally encountered situations where these (for lack of a better term) foreclosure prevention counselors have actually caused more harm than good (or at least have the potential to). Consumers seeking assistance of these non-profits need to be aware of a few things.

Firstly, they are not lawyers. They cannot provide legal advice. If any of these counselors tell you to do something that involves invoking a legal right – such as filing a bankruptcy petition – then you should seek the advice of an attorney.

I had a client who was told by a foreclosure prevention counselor to “just go down to the court and file bankruptcy so you can get the [automatic] stay” so that a foreclosure auction could be avoided. The problem is the client did not have a credit counseling certificate, and had no clue about the consequences of filing the case without proper preparation. His case was dismissed. In addition, had the counselor been properly trained, the counselor would have known that this individual needed bankruptcy from the get-go, not the services of the non-profit.

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Thoughts on When to “Walk Away”

There are many reports of struggling homeowners “walking away” from their properties. If you own a condominium, shares in a cooperative or a lot or home in a housing association (which I’ll refer to here as “real estate”) and you’re contemplating walking away and bankruptcy, an amendment to the Bankruptcy Code may influence many of your decisions.

Prior to the passage of the 2005 Act, if a bankruptcy debtor wanted to surrender their real estate, they could simply “walk away.” Real estate owners who owed dues or assessments to condo association, homeowners associations or cooperative corporations could simply include those claims in a Chapter 7 discharge or exclude them in a Chapter 13 plan. In addition, owners who did not reside or who had rent paying tenants in the property they intended to surrender were not responsible for post-petition condo fees and assessments. But that has changed.

By the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005, Section 523(a)(16) (“Exceptions to Discharge”) was amended. Instead of limiting the discharge of fees and assessments only to those debtors who had tenants or who were not residing in the dwellings, Congress limited it to debtors who have a “legal, equitable or possessory ownership interest” in the real estate.

Simply because a homeowner expresses an intention to surrender the home in their bankruptcy case does not mean that they will still not be the “legal, equitable or possessory” owner of the property. Condo owners who move out into a rental and file bankruptcy prior to any foreclosure are going to be responsible for post-petition condo fees and assessments. Whether the debtor lives in the property is no longer a consideration thanks to the 2005 amendments.

Prepetition condo fees and assessments still fall under the discharge. What’s changed is the responsibility for post-petition fees and assessments while the home is still in the debtor’s name. People who are considering bankruptcy protection as well as surrendering their property should be sure to carefully plan the date of their filing and/or their moving out with their attorney. The last thing any financially strapped debtor needs is to be paying rent on a new dwelling and trying to rebuild their financial house, all while paying the condo fees and assessments on a home the bank has not yet taken by foreclosure.

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