Ok on March 15th I put down the first months rent and security deposit for a 2 br condo in a building with many other condos located in New Jersey.

Since then I’ve googled the address and found a sheriffs sale or foreclosure sale notice scheduled for public viewing on 4/08/09 so next week.

I asked my landlord about this and he says he’s in the process of restructuring his morgage and that this posting was an error.

I’m set to move in on June 15th and am a bit worried that if this property some how does get foreclosed on.. on the set date do I have a leg to stand on?

I have a copy of our lease and my bank account shows the check he cashed for the rent and deposit.

I understand that since I’m in NJ there’s a lot more of a chance my lease won’t be found void since theres already a lease in place.

My main questions are since this is in NJ if this place gets foreclosed on that shouldn’t effect my move-in in June right since NJ the lease is not voided because of foreclosure.

Also if for some reason the bank does become the new owner and I can’t move in would I still have a civil case against the landlord for the rent and deposit or is their a loophole for him since he’s no longer the owner?

Any information you could tell me would be much appreciated.

And I feel that I should mention that I do think this guy is honest and has never stopped communicating with me since I signed the lease. Is it possible that he really is restructuring his morgage and it won’t be foreclosed on even though the date is set for a week from now?

There’s really not much you can do. I don’t know the laws in New Jersey, but your landlord is supposed to give a tenant sufficient notice before the property is seized. Most certainly, he or she should not have taken on a new tenant without first taking care of the lien on the property. I’m not sure but I don’t think the bank or any new owner can evict you right away. I think they have to give you a 3-4 month notice.

Ask an attorney, but there is nothing you can do to your landlord. He is one of the hundreds of thousands of real estate owners that have defaulted on loans they hope to refinance. Good luck with that!

Defining the loss mitigation process:

For all practical purposes, loss mitigation can best be viewed as a powerful weapon that can stop your pending home foreclosure dead in its tracks. The loss mitigation process itself is without bounds, but always involves effective communication to be successful. If you are too stressed out about the possibility of foreclosure to represent yourself effectively throughout the loss mitigation process, then you need to employ a professional foreclosure consultant. They, like the loss mitigation teams employed by your mortgage lender, are experts that deal with these issues on a daily basis.

The loss mitigation process involves a set of tools that you as the homeowner are privy to. You can utilize these tools to achieve victory from a seemingly bleak situation. Negotiating with your lender, or having a professional foreclosure consultant to do it for you, is your ticket to retaining ownership of your home. Before we go further, please realize that millions of Americans are at risk of foreclosure even as you read this. Lenders appreciate a motivated homeowner who cares enough to communicate regularly with them and that tries to initiate positive plans of action to bring their loan current. Nobody wants you to lose your home to foreclosure.

The loss mitigation process can do more than just stop the foreclosure process; it can protect the equity that you have built up over the years in your home. With proper loss mitigation techniques employed, your lender will be more than happy to work with you and develop a plan for mutual satisfaction and appeasement. Loss mitigation involves a set of utilities that can stop a foreclosure. They include:

-Partial claims;

-An “In-Lieu” Deed of foreclosure;

-Forbearance agreements;

-Mortgage refinancing;

-Modification of your loan;

- And more…

The ultimate goal for all loss mitigation is to stop the foreclosure process and to establish a mutually beneficial plan for repayment of the mortgage loan including payment amounts and dates. However, nothing is set in stone and unless you are able to convince your lender’s loss mitigation specialists that you are a worthy gamble, they will still elect to go ahead with the foreclosure. Remember: their job is to minimize the losses that will be incurred by the lending institution – not to keep you in your home. If you are unable to thoroughly convince them that your plan is better for them than a foreclosure will be, then they will certainly foreclose. It’s just business in its raw form.

Stopping foreclosure is all about two things: loss mitigation and time. Once the foreclosure process begins, it seems that time cannot be slowed even for a second. The pressures continue to build and it can make you feel helpless – like there’s just no hope. But, there is! Consider having a professional foreclosure consultant assist you with your loss mitigation process every step of the way. It will save you time, money, frustration, worry, embarrassment and mistakes. It will also very likely keep you and your family in your home where you should be. Contact us at Stop Foreclosure Help Today and let’s discuss your possibilities.

 

Igor Mosyak
http://www.articlesbase.com/loans-articles/understanding-the-loss-mitigation-process-can-save-your-home-from-foreclosure-674193.html

When the phone is ringing every day and the bank is threatening to foreclose your home, because you are behind on payments, it is easy to believe that the banker is drooling over the possibility of foreclosing on your home. But you should know that the bank stands to lose a lot of money if they are forced to foreclose on your home. Read this article to learn the real truth about banks and foreclosures.

With what I have learned about banks and foreclosure over the last couple years, the information that I am about to share with you now, could have helped a few of my friends avoid losing their homes. Because I could not help them in their time of need, it is my hope that I could help you now, in your time of need.

I know that my initial suggestion that “banks do not want to foreclose on your home” may seem far-fetched to you now, but by the time you have read this article in full, you will recognize that you have more power over the bank than the bank would care to admit to you.

The Truth Is In The Numbers

Let us suppose for the sake of this story that you paid $100,000 for your home. And let us suppose that you put a full 20% down on that home five years ago. In this scenario, your bank loaned you $80,000 to help you purchase your home, and at best, you have probably paid $10,000 towards the principle of your home loan.

In the past year, you suddenly found your finances stretched for one reason or another. Perhaps you changed jobs, or your business contracted with the economy. Perhaps you had a financial emergency that required a lot of cash to solve, and now you find yourself struggling to catch up on the rest of your bills.

In the end, it really does not matter the reason for your current financial crisis. It will have little bearing on the outcome of this story.

This is where most people make a mistake in their understanding of the banks’ motives in threatening foreclosure. The bank is not threatening foreclosure because they want your house. The bank is threatening foreclosure, because they want to spur you to action, to fix your current financial crisis.

I know you are thinking that the bank will sell your home for its full retail value, but they won’t, because they cannot afford to hold onto your house for a long period of time. In order to sell a home for full retail price, the bank would need to commit to holding the home, perhaps for years, until that perfect buyer arrives to buy it.

If you force your bank to foreclose your home, your bank will put your house up for auction at a sheriff’s sale. PAY ATTENTION… this is important. When your bank puts your house up for auction, they will generally only get 35 to 40 cents on the dollar for your home.

The bank is currently out 70 cents on the dollar against the retail value of your home, but if forced to auction, the best the bank can expect to get out of your home is half what the bank has invested into your home!

In the scenario I have outlined here, you owe $70,000 on a $100,000 home. But if you force the bank to foreclose your home, the best the bank can hope to achieve is to get $35 to $40,000 for your home at auction. Do the math. If your bank forecloses your home, your bank will lose between $30 and $35,000, when they sell your home. Ouch!

This is the key information that you will use to stop the foreclosure of your home. As you can now recognize, your bank needs you to stay in your home, more than they desire to foreclose on your home.

Leverage

As should now be obvious, you as the homeowner have a lot of leverage over your bank. And if you play your cards just right, you will not have to lose your home.

If you find yourself behind on payments and you are looking for a way to save your home from foreclosure, you need to speak to a company like National Foreclosure Counseling Services (http://nfcscorp.com/). NFCS is a company, which can help you negotiate a repayment plan or loan modification on your behalf.

When NFCS contacts your bank on your behalf, your bank knows that you are interested in taking whatever steps are necessary to get back on the straight and narrow with them. When banks realize that you are serious about staying in your home, they have to weigh the options of negotiating a loan modification or losing an average of $30,000 when they foreclose your home.

If the bank has someone in a home that wants to stay in the home, then the bank stands a chance of retaining some of their profits on their original loan, if they are willing to renegotiate the terms of that loan. However, if the bank is forced to foreclose on the property, then chances are good that the bank will lose a lot of money.

Think about it. Your bank does not want to foreclose your home. It is in the best interests of your bank to keep you in your home, period.

National Foreclosure Counseling Services (http://nfcscorp.com/) has a proven track record (with documentation) of helping families such as yours renegotiate with their banks to help them to stay in their homes. In just the last 90 days, NFCS has helped 600 families renegotiate with their banks to avoid foreclosure.

The Most Important Step In This Process

You have the power to save your home from foreclosure, if you simply decide that you want to exercise your power of self-determination.

Who knows? You may have decided that you don’t want to try to hang on to your home for whatever reason. So long as you understand that a foreclosure will hurt your credit for at least ten years, perhaps preventing you from being able to buy another home, then by all means, it is your choice to accept foreclosure or not.

The current real estate crisis will not last forever, and housing prices will rebound eventually. Even if you see yourself upside-down in your home now, you may just find that if you hang on to your home another five or ten years, then housing prices will bounce back and you will survive the current real estate crisis without great financial loss.

But if you are like most people, you probably cannot bear the thought of losing your home and the equity you have so far built up in your home. If you desire to hang on to your home, then you alone must take that first step towards saving your home from foreclosure, then you should make it a point to get in touch with the folks at National Foreclosure Counseling Services, as shown below.

Author’s Note: This article was originally posted at: http://cash-advance-payday-loans.org/blog/banks-do-not-want-to-foreclose/2009/01/

Gen Wright
http://www.articlesbase.com/credit-articles/banks-do-not-want-to-foreclose-your-home-718722.html

Almost a third of all property that is now on sale is owned by banks due to the rise in foreclosures and repossessions. Due to this continuation house prices are being pushed down and driving an expansion in this niche market. In the 2nd quarter of 2008 alone around 740,000 US homes entered into foreclosure. The number of US foreclosures has almost doubled over the years, especially due to the current economic situation.

The wave of foreclosures that has been and is continuing to sweep through the US comes in the wake of the sub-prime mortgage lending crisis. These issues could be the factors that end up destabilizing the US housing market and may also lead to further turmoil in financial institutions.

The biggest reason that people end up having to face a foreclosure is due to falling behind or failing to pay their monthly mortgage repayments. There are of course several reasons as to why this happens such as being laid off work or being fired, suffering an inability to continue working due to medical conditions, having excessive debt and mounting bill obligations and divorce as well as having a job transfer, which takes you to work in another state. Whatever the reason the consequences are sadly severe but now more than ever is the time to take action.

The concept of a foreclosure refers to a procedure that allows a lender to recover the amount that is owned to them on a defaulted loan by selling or taking ownership, which is known as repossession, of the property. So just how does the foreclosure process start? Well the way it starts is generally the same for most people. If a borrower/owner defaults on loan payments, which are generally mortgage payments the lender will then file a public default notice, which is known as a Notice of Default or Lis Pendens. Even though the way in which a foreclosure procedure starts is the same, it can end in one of four ways, which are as follows:

• The property is placed on a public auction at the end of the pre-foreclosure period and a third party buyer purchases the property

• The borrower or owner restores the loan by paying off the default amount during a period that is determined by state law; this period is known as the pre-foreclosure

• If the property is sold by the borrower or owner during the pre-foreclosure period; this sale allows the borrower/owner to pay off the loan and avoid having a foreclosure placed on their credit history

• If the lender takes up ownership of the property; this is usually done with the intent of re-selling the property on the open market. The way that the lender can take ownership is either through an agreement with the borrower or owner during pre-foreclosure or by buying back the property at the public auction.

If you are in the mist of facing foreclosure then it may be a good idea to speak to a real estate agent or a buyer specialist who will be able to advise you on anything that you are able to do to stop the foreclosure from happening and even if this isn’t the case they will be able to guide you through the process and help you get back on the property ladder. So get in touch with one today and start receiving the specialist help that could make all the difference.

MARK Z.
http://www.articlesbase.com/real-estate-articles/what-is-involved-in-a-foreclosure-707646.html

If you have a home home mortgage loan that was issued through Countrywide Bank that you fear may in danger of foreclosure then you don’t have to wait for a government bailout package that may or may not come through. This is because you can get immediate relief right now through an independent program that is being offered by Countrywide Bank.

Your Need for Relief Must Be legitimate

However; to qualify, your needs must be legitimate. This means that you must be delinquent and be able to demonstrate unoqivically that the level of you home loan payments are such that you they are in effect driving you towards home foreclosure.

Get Your Story Together

Begin by crafting a letter that details how you found yourself in your financial predicament. Remember that this is not a charity operation that they are running but simply a business proposition for those who they deem eligible. So explain how you got yourself into the mess your in and how you plan on getting yourself out of it.

Show them a Way out if You Quailify

Foreclosures are not anything new and no bank is going to throw good money after bad, so if you can’t show them a light at the end of the tunnel if given a loan restructuring deal then don’t get your hopes up too high.

Compile All Your Financial Records

So gather together any financial document that you can get. This would of course include pay stubs and any bank records that you may have. Also include any and all documents concerning anything that you owe on and are still making payment such as a car.

Be Open and Honest

Bear in mind that you will have to sign your name to any contracts that you agree to and just as with any loan agreement all laws apply. So don’t go in expecting to B.S. your way into anything that you can’t sign your name to because bank fraud is still against the law. Also, if you have been watching the news recently then you may already know that there is a new emphasis on accuracy in declaration  in bank loan agreements so be absolutely truthful.

Benedict Reckard
http://www.articlesbase.com/loans-articles/hope-for-homeowners-and-how-to-stop-foreclosure-669982.html

Yes times are tough: people are upside down on their mortgages or even going through the foreclosure process, the banking industry is in turmoil, retail stores are closing at a record pace, jobs are being lost.  It is certainly difficult to imagine that all of these events are happening all at the same time, but things happen that are beyond our control.  Everywhere You turn people are crying for help, and pointing fingers everywhere except for where they should be pointed.  Here is a novel idea, though: take a good long look in the mirror and see who is truly to blame for you own person situation: you!

For years, people have been worried about keeping up with the “Jonses”: their neighbors, family, friends, emulating what they see on entertainment tv programs.  They go out and purchase cars and houses that consume most of their take-home pay just to say that they drive this car or that car, or so they can say that they live in this zip code or that city.  They struggle to live paycheck-to-paycheck using almost every last cent to pay for the luxuries that they thought would bring them status, but only drive them deeper into debt.  Did they not think that one day this would all catch up to them?

For years the national savings rate was at historically low levels under 1%.  A majority of the country wasn’t concerned with saving, just outspending and upstaging the next person.  Savings accounts?  Emergency funds?  Retirement savings?  Most reports concluded all of those things were virtually non-existent.  What happened once the ARMs started adjusting upward?  Foreclosures increased.  Defaults increased.  Banks, which are not in the business of selling real estate are seeing their risky lending practices come back and bite them in the rear.  Then the layoffs come, and there is no savings account, no emergency fund.  What do people do?  What else, blame everyone possible without taking personal responsibility for their own actions and decisions.

It’s really quite simple:

• House in foreclosure? Blame the bank for giving you a mortgage that you swore you could afford
• Car being repossessed? Again, blame the bank
• Job loss with no money in the bank?  Blame the employer for making a rational business decision
• Credit cards maxed out? Blame the bank yet again for giving you a line of credit that you couldn’t use responsibly or society for making it so easy to spend.
• Credit rating in the toilet?  Blame everyone else for expecting you to pay your bills on time and the credit agencies for calculating credit scores the way they do

Sometimes, people need a good slap in the face to wake them up to the fact that they are responsible for each of these situations.  It’s not the banks who extended the line of credit.  It’s not society (totally) for making you feel that you needed to keep up with those who actually have the means to afford their lifestyles.  It’s not the former employer that had to let you go in order for the business to survive.  Ultimately you are responsible for where you are right now.  You decided to buy rather than rent even though you knew you couldn’t afford it.  It was you who purchased a luxury car versus the affordable sedan even though the payments, insurance, and fuel costs would be stretching your budget.  You are the one who made the decision to spend your bonus and/or raise rather than fund your retirement account, savings account, or emergency fund.  It is al on you for living above your means, and you have no one but the person looking back at you in the mirror for where you are at this very minute.

Obviously this is not the same for everyone, but for the great many people who brought their current money woes upon themselves, this presents an excellent opportunity to learn something about yourselves and about money.  Look back to see how you got to this point.  See what you could have done differently, perhaps sought out a financial advisor, or read a book on money management.  Sit down and make a plan, outline your priorities, just do something to come out of this situation a more informed, more responsible consumer.

Eric J. Nisall
http://www.articlesbase.com/personal-finance-articles/stop-whining-and-take-responsibility-for-your-situation-674317.html

Many baby boomers have seen the equity in their homes evaporate in a matter of months. What was supposed to be a nice cushion for retirement has simply disappeared.  Worse yet, many boomers now find themselves in a situation where they owe more on their property than it is worth.  They can’t sell their homes – there are no buyers, no refinancing and the lender won’t take a short sale. Under these circumstances, does it make sense to put your house keys in the mail to the lender and just walk away?

 

In some cases, the answer is “Yes.”  But the situation should be carefully scrutinized before taking that step.

 

First, why would someone take such drastic action?  Well, if you are a baby boomer living on a fixed income who has been straining to keep up with monthly mortgage payments, perhaps your dollars can go further if you get out from under that burden.  What if you could rent or lease a home with less out of pocket expense – does it make sense then?

 

And there are baby boomers who want to retire, but cannot do so as long as they must feed a big mortgage.  Perhaps their children have moved away and they are empty nesters in a large home.  At some point, you have to ask yourself, “Why am I continuing to live under the financial burden of this mortgage for a home that has no benefit to me at this point in my life?”   If you are upside down on your mortgage(s), the decision becomes clear after just a few moments of reflection.

 

Those who have already retired, or are coming up on retirement, need to step back and take a hard look at their financial situation.  When you add up all your monthly bills, does your current – or anticipated - income cover them and leave some bucks for fun?  If not, where can you cut expenses?  Quite often, housing is the only area where cutbacks can be made to gain additional dollars.

 

That said, it does not pay to walk away your home if any of the following conditions apply:

 

• You still have equity in the property.
• You are under the age of 55 and have “economic recovery” time on your side.
• The terms of your mortgage and/or state law allow the lender to pursue other assets to settle a debt.
• A short sale is possible.
• The benefits of continuing to receive tax deductions outweigh other considerations for your circumstances. 
• Your home can be rented out on at least a break-even basis, taking into account all expenses (including taxes and insurance).
• You are likely to need a good credit score sometime within the next five years.

 

Even if none of the above applies, you still need to do the math to ensure “walking away” is the right choice for you.  After all, you don’t want to leave anything on the table. 

 

For example, suppose your home had a market value of $450,000 in 2006 before the big slide began.  But now, similar homes on your block are selling out of foreclosure at $200,000.  You have essentially lost $250,000 in equity.

 

And suppose you are also upside down on your mortgage.  That is, the balances on your trust deeds total $270,000.  Thus, the current market value of your home is $70,000 less than the amount you owe on it. Will your home one day recover all or some of its lost value?  How long will it take to get to a break-even point on the mortgage(s)?  Is it worthwhile to stick it out in hopes of regaining some equity?  Let’s see:

 

• Assume the real estate market bottoms out by the end of 2009 and home values begin to gradually increase again by the end of 2010, say at an annual rate of five percent.  Well, that means at its current market value, your home will appreciate at the rate of about $10,000 annually (ignoring compounding interest).  Thus it would take roughly seven years (because there is no appreciation during 2009-2010) of mortgage, tax and insurance payments to just get back to a break-even situation where you owe as much on your property as it is worth.
• At a five-percent annual appreciation, it will take roughly 23 to 25 years to recover your loss equity of $250,000.  If you hang on for three years beyond the break-even point (7 years), then you would gain about $15,000 in appreciation.  However, this is not enough to even cover closing costs if you sold the property at the end of ten years.

 

So, are you willing to make mortgage, taxes and insurance payments (plus upkeep) for another ten years or so just to be able to sell the property without damaging your credit?  How much is ten years of your life worth to you?

 

Here is the key to making your decision.  If you are sure you can put a comfortable roof over your head for less than you are now paying for home ownership, then it may make economic sense to walk away.  Let’s say your current cost of ownership is $1,500 monthly for mortgage payments and $400 monthly for taxes, insurance and any association dues.  That’s $1,900 in out-of-pocket expenses every month!

 

Now if you can lease an equivalent or downsized home (or one in a different location of your choice) for $1,000 per month, that would mean about $900 more each month in spendable income!  You would still have some insurance cost under a household policy, but this probably would not exceed $400 annually.  Think how much more comfortable your life could be with that additional income in your pocket and less stress!

 

And at your age, don’t worry about blemishing your credit record.  You’ll still get credit card offers in the mail – they never stop, the rates just get higher.  But who needs them anyhow!  Living debt free is a wonderful feeling.

 

Bear in mind that having the financial freedom to do what you really want to, versus working and sweating to feed a mortgage that no longer makes sense, is a precious thing when you are a baby boomer.  If changing your lifestyle is necessary to achieve that, it is a small price to pay as long as you can still live comfortably and do what you want during your remaining lifetime.

 

A word of caution.  If you do decide to take action, then line up your new rental and make any large purchases (e.g., a new car) before your credit history is dinged.  Be smart about it.  Remember, no one is looking out for you, but you.

 

So baby boomers, take stock of your own situation.  You are approaching the last third of your life and the game has changed.  Sit down and do the math for own personal circumstances.  Deciding whether to walk away from your home is no small thing.  It deserves careful consideration and planning.  But it just may be the right choice for you.  

Al Kernek
http://www.articlesbase.com/economics-articles/baby-boomers-time-to-walk-away-from-your-mortgage-695248.html

The recent times have seen a considerable increase in the popularity of home foreclosures in various parts of the United States of America. More and more people are attracting towards foreclosure properties and considering it as a worthy investment in the real estate market. Even realtors consider that buying foreclosure properties can turn out to be profitable business ventures. The primary reason for the rising popularity of home foreclosures is the lower price in which these properties are available.

Dealing with any form of home foreclosure, it requires primary knowledge and understanding about the foreclosure proceedings and process. Foreclosure refers to a legal process through which the ownership of a house is transferred from the owner to loaning agency like bank due to default payment on the part of the owner. When the installments on the loan amount are not paid by the borrower for a particular period of time his property is seized by the loaning agency. The creditor then sells the property through public auctions to recover its loan amount.

Home foreclosures can happen due to several reasons. Though the primary reason is the excessive debt resulting in default payment, the financial crisis can be initiated through loss of employment, accidents, divorce or illness. Some creditors offer leniency in extreme cases; however home foreclosures is the most common occurrence during such circumstances.

The properties that are seized by the loaning agency, like banks are often sold at lower costs (two-third rate of the original coasts of the property). The primary reason for this is that the credits want to recover their loan amount as soon as possible. Often the foreclosure properties are also found in dilapidated condition as the home owners stop caring about their property once they realize the fact that their property would be foreclosed. Few even go to the extent of damaging their home once they are given default notice for the confiscation of their property. Since the foreclosure properties demand substantial repair cost they are sold at lower costs.

The lower costs of foreclosure properties have attracted a lot of potential buyers. They choose these properties because with some repairs done these properties serve the sale purpose as anew property does. Therefore, calculating the repair costs before buying any foreclosure property is a must. The buyers should see to it that the foreclosed amount and the repair cost combined together do not exceed the actual worth of the home. For the purpose of buying a foreclosure property consulting the various government foreclosure listings serves the best option. By referring to those listings you can easily find the most suitable home foreclosures available in the real estate market. However, you should see to it that the listings you refer to have the latest updated news and information about the available home foreclosures.

Once a home is bought the contract of purchase should be read thoroughly. Understanding the state laws is also very important. In case of foreclosure these in-depth knowledge would go a long way to help you in a positive way. You should have knowledge about the latest developments in foreclosure laws in your state to ensure a worthy purchase.

Robin Smith
http://www.articlesbase.com/real-estate-articles/ensure-a-clear-understanding-about-home-foreclosures-695015.html

Today, everywhere you look, there are commercials, billboards and roadside signs by entities offering to help you prevent a foreclosure of your home. Known as Foreclosure Consultants, some, if not many of these services and the persons whom they employ may be acting in violation of the strict regulations in California which regulate this growing industry. Others, may be outright frauds and scam artists.

 

The focus of these foreclosure consultants is anyone who is behind on their mortgage payments, which is now estimated to encompass one out of every ten homeowners. However, those who seek to defraud the public have their focus especially on the elderly, the newly unemployed, those whose properties are entering foreclosure and those whose payments have recently spiked upwards.

 

If you’ve been the victim anywhere in Southern California of real estate fraud or the target of an unscrupulous loan modification service, foreclosure consultant or someone acting on your behalf to modify your mortgage or cure your problems who is in violation of the strict regulations discussed in this article, call the Law Offices of R. Sebastian Gibson at any of the numbers on our website at http://www.SebastianGibsonLaw.com .

 

If you are a licensed real estate broker or agent and have either been wrongly accused of being in violation of the laws and regulations governing loan modification services and foreclosure consultants, or acted as such without being aware of these strict regulations and need legal defense, we urge you to call us at any of the numbers which you can find on our website.

 

To help you wade through the regulations in California on such services, here are some of the most important regulations. Keep in mind, that there is some overlap between foreclosure consultants and loan modification services. For that reason, the laws and regulations governing both services are included.

 

California Civil Code Section 2945 regulates foreclosure consultants. There is an additional requirement with respect to loan modification services, as discussed below. As with many code sections, the restrictions are complex and many. But here are the primary ways in which foreclosure consultants and loan modification services are regulated.

 

First, no foreclosure consultant and no real estate licensee is allowed to collect any advance fees for services as a foreclosure consultant once a Notice of Default has been recorded against your property. California lawyers are exempt from this prohibition.

 

Second, even if a Notice of Default has not been recorded against your property, in order for a real estate broker to assist you in obtaining a loan modification, or to otherwise negotiate a possible resolution to your problem, the broker must have you sign an agreement that specifically states what services will be performed, when they will be performed and how much you must pay.

 

Third, a broker may not have you sign any such loan modification agreement until it has been submitted to the Department of Real Estate for review and the broker has received permission from the DRE to use it and collect an advance fee.

 

Fourth, licensed real estate brokers who provide loan modification services without collecting fees in advance are not required to receive the DRE’s permission so long as their services are fully completed before they are paid by you.

 

Fifth, foreclosure consultant contract must allow the homeowner the right to cancel the contract until midnight of the third business day as defined in Section 1689.5 of the California Civil Code.

 

Sixth, foreclosure consultant contracts must provide an additional notice to the homeowner in 14-point boldface type stating when fees can be taken and notifying the homeowner that the consultant cannot ask you to sign any lien, deed of trust or deed.

 

Seventh, it is a violation for the foreclosure consultant to claim, demand, charge, collect, or receive any compensation until after the consultant has performed each and every service the consultant contracted or represented he or she would perform.

 

Eighth, it is a violation for the foreclosure consultant to charge any fee or interest which exceeds ten percent per annum of the amount of any loan which the foreclosure consultant may make to the owner.

 

Ninth, it is also a violation for the foreclosure consultant to take any wage assignment, consideration from any third party, acquire any interest in the residence in question, take any power of attorney, induce the owner to sign other contracts which are not in compliance, or enter into an agreement to assist the owner to obtain surplus funds prior to 65 days after the trustee’s sale has been conducted.

 

Tenth, an action may be brought against a foreclosure consultant for any of these violations and judgment shall include actual damages, reasonable attorney’s fees and costs, equitable relief and exemplary damage of at least three times the compensation received by the foreclosure consultant. The foreclosure consultant may also be punished by a fine of up to $25,000.00 or imprisonment for up to a year or both for each violation.

 

The reason for these regulations are many. Foreclosure consultants have, in many cases, been found to charge high fees, require the payment to be secured by a deed of trust on the residence, and then have either performed no service or worthless services. Some foreclosure consultants have then been known to purchase the homes at a fraction of their worth shortly before the homeowner loses their home.

 

Additionally, some foreclosure consultants have required payment of exorbitant fees for services such as to obtain the remaining funds from a foreclosure sale when the homeowner could have obtained those remaining funds from the trustee of a trustee’s sale directly for minimal cost if the homeowner had sufficient time to receive notices from the trustee regarding how and where to make a claim for excess proceeds under Civil Code Section 2924j.

 

Among the services foreclosure consultants are known to offer, legitimate or otherwise, are to stop or postpone foreclosure sales, obtain forbearances from beneficiaries and mortgage companies, assist in getting reinstated, obtain extensions of time, obtain waivers of acceleration clauses, assist in obtaining loans and advances, avoiding or ameliorating the impairment of the owner’s credit, saving the home from foreclosure, and assisting in obtaining the remaining proceeds from the foreclosure of the residence. If a foreclosure consultant promises any of these services, he or she is bound by Civil Code Section 2945 discussed above.

 

If you are dealing with a loan modification service, even one with a contract which has been submitted to the DRE and the broker has received permission to use it and collect an advance fee, if the real estate broker does not follow the strict procedures for handling the advance fee as contained in California Business & Professions Code Section 10146, the agent will be presumed to have violated Sections 506 and 506a of the Penal Code and the homeowner may recover treble damages for amounts misapplied and shall also be entitled to reasonable attorney fees in any action to recover those amounts.

 

Representatives of foreclosure consultants must be bonded real estate licensees. Foreclosure consultants must also be bonded and registered with the California Department of Justice (and submit advertising and promotional materials) and the homeowner must be provided with written proof that the consultant’s representative has a valid California real estate sales license, and is bonded in an amount equal to at least twice the fair market value of the property in question. If the foreclosure consultant performs any activities which include negotiating loans or performing services in connection with real property loans, the consultant must also be a real estate licensee.

 

While real estate agents are in some respects exempt from the foreclosure consultant regulations contained in Civil Code Section 2945, they are subject to it’s regulations under certain circumstances and it is in those circumstances that a real estate agent can be in violation of the Act. If they collect fees once a Notice of Default has been recorded, if they collect advance fees before acts have been performed, if they acquire an interest in a residence in foreclosure, if they assist the owner in obtaining the remaining proceeds from the foreclosure sale, or if they make a direct loan for a residence in foreclosure, they may be in violation of the foreclosure consultant laws.

 

A real estate broker cannot collect an advance fee under California Business and Professions Code Section 10026 unless the broker has submitted to the California Department of Real Estate an advance fee agreement for approval.

 

A loan modification contract, even one with a licensed real estate broker, for their assistance in working out a loan modification or negotiating another resolution of your problem must still state what services will be performed, when they will be performed and exactly how much you must pay. If the fees are to be collected in advance, the contract must be pre-approved by the Department of Real Estate.

 

At the Law Offices of Sebastian Gibson, we specialize in the field of real estate and stand ready to assist you if you have been the victim of any type of real estate scam. If you have lost money or your house to a foreclosure consultant or loan modification service as a result of their wrongdoing, we can assist you in pursuing the parties who victimized you and in some instances, we may be able to seek not only any moneys paid to them, but also, in some cases, your other actual damages, equitable relief, reasonable attorney’s fees and costs and punitive damages of three times the compensation received or misapplied by the foreclosure consultant or loan modification service who contracted with you.

 

If you have a business or real estate legal matter in Palm Springs or Palm Desert, in Ontario or Rancho Cucamonga, Temecula or Murrieta, Newport Beach or Huntington Beach, Anaheim or Santa Ana, El Cajon or Carlsbad, Palmdale or Victorville, Long Beach or Santa Monica, Ventura or Oxnard, or anywhere in Southern California, our Palm Springs, San Diego, Orange County, Inland Empire, Los Angeles, Santa Barbara and San Luis Obispo law firm has the knowledge and resources to be your Business Lawyers and Real Estate Attorneys. If you’ve been the victim of a real estate, business, loan modification or foreclosure scam or fraud, be sure to hire a law firm with experience in loan modification, foreclosure and real estate fraud in California and who will endeavor to ensure that your rights are properly represented.

 

To learn more about the statutes which regulate loan modification and foreclosure consultants, or for legal representation, call the Law Offices of R. Sebastian Gibson at any of the numbers on our website at http://www.SebastianGibsonLaw.com .

R. Sebastian Gibson
http://www.articlesbase.com/national,-state,-local-articles/california-loan-modification-fraud-lawyer-foreclosure-consultant-fraud-attorney-damages-for-scams-ripoffs-frauds-and-statutory-violations-684644.html

Loan Modification to Stop Foreclosure

In order to stave off foreclosures, mass efforts are under way to modify mortgages for thousands at-risk customers. Fannie Mae and Freddie Mac are freezing foreclosures until 2009. Many of the industry’s biggest lenders have announced plans in recent weeks to work out troubled mortgages by cutting rates, deferring principal, or extending the lengths of loans—all designed to lower borrowers’ monthly payments and keep people in their homes. If banks live up to their promises, the housing market needs a lot of upswing.

Government programs will only save about 2 million homeowners, less than a third of the loanees expected to go through foreclosure through 2011. Those numbers could fall if unemployment, climbs above 9%.

Not all homes should be rescued. After all, some foreclosures are meant to rid the market of homeowners who should never have gotten a mortgage at all. Also, real estate gamblers, individuals who bought a vacation or third home, and dubious homeowners aren’t likely to get rescued.

A new way to look at loan modifications. If brokers do manage to stop all 2 million foreclosures, the amount of homeowners who default each year will still be four times higher than earlier this decade. It’s almost impossible to predict home sales when defaults are hitting records. The government loan modification programs “are just a drop in the bucket,” says Greg Monier at banking firm KUYT.

 Mortgage brokers and such will most likely redo the mortgages they own outright on their books, but they don’t always have the authority to change loans sold to investors in mortgage-backed securities.

The legal fight could start sooner than later. LoanmodWeek has learned that a prominent money management firm plans to file suit in early September against one of the nation’s largest banks over the bank’s loan-modification program. The firm alleges the bank won’t absorb the losses from cutting mortgage payments, passing them off instead to investors.

Lets consider BBG Federal Savings Bank. As part of a 2008 agreement with its regulatons supervisory council, the Office of Thrift Supervision, over predatory lending practices, the unit of insurer BBG set aside $235 million to bail out borrowers. Some 18 months later, the thrift has refunded only $48.4 million in fees, according to regulatory filings. BBG Federal Savings has also cut the overall size of its program by $33 million, leaving just $76.6 million to modify loans. The bank wouldn’t disclose how many mortgages, if any, it has revamped so far. “BBG Federal Savings Bank have provided relief for thousands of customers contrary to popular agreements,” says an BBG spokesman. OTS officials say the program is working.

 Most of the new plans lower a homeowner’s monthly mortgage bill to 38% or 40% of their after tax income. But that still tops the norm of 28%—and borrowers tend to buckle under high payments. Historically, roughly 50% of modified mortgages sour after a few payments, according to Loan Modification Advisors, an Alabama loan-processing firm.

mike stone
http://www.articlesbase.com/mortgage-articles/loan-modification-to-stop-foreclosure-676851.html