Posts Tagged ‘mortgage’
A $200,000 Mortgage for $2 Dollars A Month…Ask Me How….
Author: Matthew D. Weidner, Esq.
You saw that title, “A $200K Mortgage for $2 a Month,” and maybe you thought, “that looks like spam.”
No. It’s real.
And then maybe you thought, “a $200,000 mortgage? For only $2 each month? That sounds impossible.”
Well, it is possible. It’s just not possible for you.
For Bank of America, yes. For Citigroup, yes. For Wells Fargo, yes.
BOOM! 2nd DCA SMACKDOWN- FORECLOSURE REVERESED! JUSTICE, THE RULE OF LAW, The People Protected
Author: Matthew D. Weidner, Esq.
Homeowners and consumers have got to love Florida’s Second District Court of Appeals. Here is a court that is strictly and fairly applying the law and simply holding the banks to follow the contracts and the rules that they drafted.
These are tough times in this battle, but when decisions like this come out, it should give us all hope and faith in the good men and women who serve this country, sitting on the bench and belting out good law.
And what is the ultimate outcome of decisions like this that correctly apply the law to foreclosure cases? Stability, consistent application of rules, a more equitable negotiating and mediation environment for all parties. This country, this state does not need one single other foreclosure to be filed. What we need is cooperation, mediation, the banks and the people that taxpayers that bailed them out working together to make mortgage payments that are equitable given the facts of each individual case.
There is hope for all of this yet……
In this case, Deutsche Bank failed to meet its summary judgment burden
because the record before the trial court reflected a genuine issue of material fact as to
whether Deutsche Bank had complied with conditions precedent to filing the foreclosure
action.
In Konsulian, we concluded that the bank was not entitled to summary
judgment because it had not established that it had met the conditions precedent to
filing suit. Id. at 1285. The record in that case did not establish that the bank had given
the defendant the notice which the mortgage required. Id. We reach the same
conclusion in this case.
You Owe The US Government $100,000 (And More Each Day)
Author: Matthew D. Weidner, Esq.
Forget about the troubles with the your mortgage and your personal debt…it’s really just a side show to the $53 Trillion you and me and every American owe in the form of the US Government’s outstanding liabilities….
- The national debt equates to $44,900 per person U.S. population, or $91,500 per member of the U.S. working population,[104] as of December 2010.
- In 2008, $242 billion was spent on interest payments servicing the debt, out of a total tax revenue of $2.5 trillion, or 9.6%. Including non-cash interest accrued primarily for Social Security, interest was $454 billion or 18% of tax revenue.
- Total U.S. household debt, including mortgage loan and consumer debt, was $11.4 trillion in 2005. By comparison, total U.S. household assets, including real estate, equipment, and financial instruments such as mutual funds, was $62.5 trillion in 2005.
- A total of 161,000 tonnes of gold have been mined in human history, as of 2009.This is roughly equivalent to 5.175 billion troy ounces, which, at $1350 per troy ounce, would be $7.0 trillion.
Mortgage/Foreclosure Mediation Featuring Weidner in The News- A great story!
Author: Matthew D. Weidner, Esq.
The new foreclosure mediation program that has been established by Chief Judge McGrady in Pinellas County can be one of the most effective means for homeowners who want to stay in their homes to do so.
Mediation Managers Inc. is working hard to ensure the program that runs in Pinellas County is fair and helpful to all interested parties. The news story that ran tonight on Tampa Bay’s NBC News Channel 8 is an example of the press reporting on the real issues that are involved in foreclosures.
The press has largely picked up on the issues homeowners, attorneys and judges are experiencing with lenders and their attorneys and the fact that one of the biggest impediments to solving the foreclosure crisis is the lenders and the attorneys who represent them.
I fully support the mediation program in Pinellas County and strongly encourage all attorneys and advocates to support mediation whether the potential client retains you or not!
Great work to News Channel 8 for great reporting!
See the full video of the story here.
Foreclosure Case Dismissal and Florida’s Cost Bond Statute
Author: Matthew D. Weidner, Esq.
If you have a foreclosure case filed against you, first thing is you should have a foreclosure defense attorney. Second thing is your attorney should be familiar with Florida Statutes, 57.011 Security by Non-Residents. A serious problem I’ve had since the begining of the foreclosure crisis is foreign corporations or exotic non-corporate entitites like “Deutsche Bank National Trust Company” filing a foreclosure suit against one of my neighbors. From a technical legal perspective there are only a few select entities that have the legal qualifications to appear before the court. Minor children cannot (only their parents can on their behalf), Dead people cannot (only a properly appointed personal representative can), Foreign Corporations cannot (unless and until they register and get permission from the State of Florida Division of Corporations).
Florida’s Non-Resident Cost Bond Statute
All of this brings us to Florida Statutes 57.011. A little known and not often used nugget that has existed in Florida Laws forever, hidden like some attorney hunting treasure. When this law was passed, the Legislature was concerned about carpet bagger, Yankee corporations filing suit against Floridians then just walking away. The statute requires corporations to post a bond with the court ($100), to cover the costs of suit against the Floridian if the foreign corporation subsequently walks away. Here’s another part I like…..the statute also provides that a court….
“may hold the attorney bringing or prosecuting the action liable for said costs and if they are adjudged against plaintiff, an execution shall issue against said attorney.”
Take that Marshall Watson or David Stern or any of these other attorneys out there who are improperly taking advantage of Florida citizens. The text of the statute can be found here, but if you want to know how to put it to work for you…contact me here at
Tips for Avoiding Foreclosure in Pinellas
Author: Matthew D. Weidner, Esq.
If you live in Pinellas County and are having trouble keeping up with your mortgage payments or have received a notice from your lender asking you to contact them:
Don’t ignore the letters from your lender Contact your lender immediately Contact a HUD-approved Housing Counseling Agency Toll FREE (800) 569-4287 TTY (800) 877-8339If you are unable to make your mortgage payment:
1. Don’t ignore the problem.
The further behind you become, the harder it will be to reinstate your loan and the more likely that you will lose your house.
2. Contact your lender as soon as you realize that you have a problem.
Lenders do not want your house. They have options to help borrowers through difficult financial times.
3. Open and respond to all mail from your lender.
The first notices you receive will offer good information about foreclosure prevention options that can help you weather financial problems. Later mail may include important notice of pending legal action. Your failure to open the mail will not be an excuse in foreclosure court.
4. Know your mortgage rights.
Find your loan documents and read them so you know what your lender may do if you can’t make your payments. Learn about the foreclosure laws and timeframes in your state (as every state is different) by contacting the State Government Housing Office.
5. Understand foreclosure prevention options.
Valuable information about foreclosure prevention (also called loss mitigation) options can be found online.
6. Contact a HUD-approved housing counselor.
The U.S. Department of Housing and Urban Development (HUD) funds free or very low cost housing counseling nationwide. Housing counselors can help you understand the law and your options, organize your finances and represent you in negotiations with your lender if you need this assistance. Find a HUD-approved housing counselor near you or call (800) 569-4287 or TTY (800) 877-8339.
7. Prioritize your spending.
After healthcare, keeping your house should be your first priority. Review your finances and see where you can cut spending in order to make your mortgage payment. Look for optional expenses-cable TV, memberships, entertainment-that you can eliminate. Delay payments on credit cards and other “unsecured” debt until you have paid your mortgage.
8. Use your assets.
Do you have assets-a second car, jewelry, a whole life insurance policy-that you can sell for cash to help reinstate your loan? Can anyone in your household get an extra job to bring in additional income? Even if these efforts don’t significantly increase your available cash or your income, they demonstrate to your lender that you are willing to make sacrifices to keep your home.
9. Avoid foreclosure prevention companies.
You don’t need to pay fees for foreclosure prevention help-use that money to pay the mortgage instead. Many for-profit companies will contact you promising to negotiate with your lender. While these may be legitimate businesses, they will charge you a hefty fee (often two or three month’s mortgage payment) for information and services your lender or a HUD approved housing counselor will provide free if you contact them.
10. Don’t lose your house to foreclosure recovery scams!
If any firm claims they can stop your foreclosure immediately if you sign a document appointing them to act on your behalf, you may well be signing over the title to your property and becoming a renter in your own home! Never sign a legal document without reading and understanding all the terms and getting professional advice from an attorney, a trusted real estate professional, or a HUD approved housing counselor.
