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Entries from January 29th, 2010

HAMP Mortgage Modifications- Nothing Really Happening…

January 29th, 2010 · No Comments · Foreclosure

The Federal Government spends bajillions of dollars telling us that they’re trying to help homeowners in the foreclosure crisis.  Problem is, according to their own numbers:

Over 900,000 Americans have begun trial modifications since the program’s inception and over 110,000 have been approved for permanent modifications as of December 31, 2009.

Over 100 servicers have signed [...]

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Bankers’ Solution to The Foreclosure Crisis? End Foreclosures and Just Take Houses From Homeonwers.

January 29th, 2010 · No Comments · Foreclosure

I was wondering what the response would be to the backlog of foreclosures and now it has reared its ugly head in the name of The Florida Consumer Protection and Homeowner Credit Rehabilitation Act.
A review of this bad, anti-consumer bill can be found in the St. Petersburg Times here. If it passes it will [...]

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Hot of the Presses, Failure to Plead Capacity is Motion to Dismiss in Foreclosure Case

January 28th, 2010 · 2 Comments · Foreclosure

Years ago I filed a lawsuit on behalf of an out of state corporation client.  The opposing attorney filed a motion to dismiss because the corporation I was suing on behalf of was not registered with the Florida Secretary of State.  Fast forward to now when I’m building my practice on defending homeowners in foreclosure [...]

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Housing Improves…Except in Tampa Bay..So Says Today’s WSJ!

January 27th, 2010 · No Comments · Foreclosure

An article in today’s Wall Street Journal found here notes that the housing market is recovering but

Other areas look decidedly less hopeful. Miami, Las Vegas, Phoenix, Orlando, Jacksonville and Tampa, Fla., had the highest rates of defaulting borrowers among the 28 markets surveyed.

The weakest job-market prospects this year were found in Tampa, Jacksonville, Las Vegas, [...]

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Screw The Lenders and Save Your Home! The Helping Families Save Their Home Act of 2009.

January 27th, 2010 · No Comments · Foreclosure

The legal and legislative deck is, for now, stacked severely against the borrower and homeowner in foreclosure proceedings.  Some things are slowly changing and an experienced foreclosure attorney can provide real assistance to help a homeowner keep their home or at least stay in it long enough to work on some better solution.
Tenants [...]

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Economic Turnaround? Not Until Employment is Addressed!

January 25th, 2010 · No Comments · Foreclosure

While the knuckleheads in Washington continue to prattle on about health care, the economic picture continues to worsen and unemployment continues to grow.  Until something real is done about jobs, the economy will continue to shrink and our troubles will only worsen.  Some data from a recent Wall Street Journal Article that can be found [...]

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Hello CitiMortgage? Hello Bank of America? It’s Me, “Shortsale” are you there?

January 25th, 2010 · 1 Comment · Foreclosure

I currently have several files in my office where buyers with cash or with solid financing have made solid offers on properties that are in foreclosure. By solid I mean offers that will net the mortgage lender something like 75-80% of the balance of the mortgage on the home.  It is absolutely maddening that I [...]

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State Foreclosure Prevention Working Group Report

January 24th, 2010 · 2 Comments · Foreclosure

The State Foreclosure Prevention Working Group consists of 12 state attorneys general (Arizona, California, Colorado, Florida, Illinois, Iowa, Massachusetts, Nevada, North Carolina, Ohio, Texas and Washington), bank regulators for New York, North Carolina, and Maryland, and the Conference of State Bank Supervisors.  They are a relatively objective group that offers solid data on the foreclosure [...]

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Can’t Get A Mortgage Modification? (You Can’t) Here’s Why. (The Banks Don’t Want to Give Them.)

January 23rd, 2010 · 1 Comment · Foreclosure

From an article in the Wall Street Journal…
Number of Foreclosed Homes Will Continue to Soar
Since the start of the recession in 2007, more than five million homes have been taken back by lenders. The Center for Responsible Lending estimates that as many as 13 million more homes could fall into foreclosure over the next five [...]

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Bank of America Trashes a Florida Home They Foreclosed…Problem Is The Homeowner Owned it Free and Clear! No Mortgage to Any Bank.

January 21st, 2010 · 2 Comments · Foreclosure

Does a bank need to prove they own a note/mortgage in order to foreclose?  No.  Does a bank need to prove how much they are owed if they try to foreclose?  No.  In fact, they don’t need courts, just let them bust down doors, and throw people and their property out.  Although numbers are difficult [...]

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