Showing posts with label loss mitigation. Show all posts
Showing posts with label loss mitigation. Show all posts

Thursday, December 16, 2010

Mortgage modification snags spark lawsuits; Have Kramer Kaslow represent you

When lawsuits are involved...better have a lawyer! Click here to contact The Law Offices of Kramer and Kaslow for help with your home.


Anthony and April Soper's financial troubles were only starting last October when they applied for a mortgage adjustment through the Obama administration's Home Affordable Modification Program.

Bank of America, their mortgage servicer, put them on a HAMP trial payment plan in December that cut their monthly payments from about $4,000 a month to about $3,130 a month.

They say they made their reduced monthly payments early and did everything else that was asked of them. But they didn't get a permanent modification, and they say they don't know why.

Instead, according to a lawsuit they've brought against Bank of America, they are now more than $8,000 behind on a mortgage that had been current 12 months ago. Each of their credit scores has dropped by nearly 100 points. And, they allege, Bank of America has threatened them with foreclosure.

"We jumped through all their hoops, and they did nothing but cause us heartache," says April, 41.
Whether the Lake Stevens, Wash., couple keep their home may hinge on the outcome of a legal strategy that aims to join struggling homeowners with similar experiences in the HAMP program in a class-action lawsuit against the nation's largest bank. On Sept. 30 in Nashville, a federal court hearing is scheduled to consider consolidating the Sopers' case with more than a dozen others against Bank of America.

Similar lawsuits, also seeking class-action status, are pending against other major servicers such as JPMorgan Chase and Wells Fargo. Taken together, the cases threaten to amplify a growing public frustration with mortgage servicers' treatment of HAMP borrowers and HAMP's modest results. Permanent modifications, which lower mortgage payments to 31% of a borrower's pretax monthly income for five years, have been given to only about a third of the 1.3 million borrowers in trial plans since the program's launch in April 2009.

Most of the lawsuits allege that the three- or four-month trial payment plans are contracts, and that Bank of America and other servicers broke them by not giving permanent modifications to homeowners who made their trial payments on time and provided the necessary documentation.

Servicers have asked courts to dismiss some of the cases, saying the trial plans are not contracts. Bank of America, which says it plans to seek dismissal of the Soper case, argues in a court filing in a similar case that it must consider borrowers for a HAMP modification, but that it has discretion in granting permanent modifications.

The bank also argues that homeowners have no case because courts have dismissed earlier HAMP-related lawsuits against mortgage servicers. Those cases claimed that in denying some homeowners modifications, the servicers had breached the contracts they made with the Treasury Department when they agreed to participate in HAMP. Courts said homeowners could not sue on those grounds because they weren't parties to the contracts between the government and the servicers.

Lawyers for homeowners say they are now making a different legal argument: that Bank of America and others broke contracts made directly with homeowners.

"Borrowers have said we should be able to enforce the contract between Treasury and mortgage servicers, and many courts have rejected that. Our cases are the first filed that touch on a contract between servicers and borrowers," says Kevin Costello, a lawyer with Roddy Klein & Ryan in Boston, which represents homeowners in cases against Bank of America, JPMorgan Chase and Wells Fargo.

"This litigation is spreading all across the country. People have been relying on a promise all along, and then they get a denial. Then they find themselves in that much worse of a hole," he says.
Many homeowners could be affected: Nearly 620,000 trial modifications since spring 2009 have been canceled, according to an Aug. 20 Treasury report.

Chronicles of delays
The lawsuits allege servicers are purposely denying permanent modifications and keeping loans in default so lenders can profit from heftier late fees and other charges. Court filings provide detailed chronologies of borrowers who allege that over periods of months, they repeatedly sent banks requested documents that the banks said they didn't receive, made inquiries that went unanswered, and received promises of help that were later contradicted or denied by other representatives.

"Bank of America has serially strung out, delayed, and otherwise hindered the modification processes that it contractually undertook to facilitate when it accepted" billions of dollars in government bailout funds in 2008, the Sopers' complaint alleges.

By failing to live up to its obligations, according to the court filing, "Bank of America has left thousands of borrowers in a state of limbo — often worse off than they were before they sought a modification from Bank of America."

The Sopers' complaint alleges that Bank of America customer service representatives are instructed to mislead homeowners who call to inquire about loan modifications they've applied for. The complaint, citing information provided by unnamed former employees, says "representatives regularly inform homeowners that modification documents were not received on time or not received at all when, in fact, all documents have been received."

When homeowners are denied permanent modifications, even those who were current before going on reduced-payment trials are considered in default, and servicers tell them they must immediately pay the difference between their trial payments and their higher former payments to avoid foreclosure, according to the Sopers' complaint and others.
Borrowers' mortgage debt in default rises further the longer they stay in trial plans.

By making trial payments during and after the plan's scheduled end, the Sopers' complaint alleges, they "forgo other remedies that might be pursued to save their homes" such as restructuring their debt by filing for bankruptcy, or pursuing other ways to deal with their default, such as selling their homes.

Foreclosure proceedings have started against some borrowers while they were on trial plans, violating a Treasury directive, according to the lawsuits. Homeowners' credit scores have also been damaged when servicers cancel trial plans, then report the amounts in default to credit bureaus.

Some court filings claim bank employees have demanded upfront fees to start consideration of a modification — in violation of HAMP rules — or told homeowners to stop paying mortgages in order to start a trial modification. The Sopers' complaint alleges an unnamed homeowner was illegally asked to pay $1,400 upfront to Bank of America to be considered for a modification.

In another case, Alex Lam of New York alleges he was told he could only be considered for a HAMP trial modification if he stopped paying his mortgage for several months, according to a lawsuit filed in U.S. District Court in Brooklyn against JPMorgan. He skipped two months of payments in 2009 and says he was denied a permanent modification. JPMorgan declined to comment.

Homeowners' lawyers say there is no effective way to appeal mortgage servicers' decisions because Treasury has no ability to overturn a decision.

Watchdogs' criticisms
Government watchdogs, too, have raised similar criticisms about the HAMP program, as well as about servicers' performance and Treasury's oversight.

The Congressional Oversight Panel, which oversees the government fund that pays for HAMP, said in an April report it "is deeply concerned about the unacceptable quality of the denial and cancellation reasons, and strongly urges Treasury to take swift action."

A Government Accountability Office report in June found servicers were erroneously denying permanent modifications to some homeowners because servicers were inaccurately applying a formula used to determine if the value of modifying the mortgage was greater than the proceeds from foreclosing. The number of homeowners who had been wrongly denied could "range from a handful to thousands."

When errors have been found, Treasury says, it has made servicers go back and fix problems, and re-do their work as a check on their decision-making. It also says that 45% of those who started trials but were ineligible for permanent adjustments received an alternative modification through their servicer. Fewer than 2% have gone to foreclosure sale, according to Treasury.

Some homeowners say they've already lost their homes to foreclosure because a permanent HAMP modification was denied to them.

Jennifer Voltaire, 33, of Medford, Mass., alleges Wells Fargo approved her for a trial HAMP modification, which lowered her payments starting in December 2009, according to court filings in U.S. District Court inMassachusetts. Voltaire is a co-plaintiff in the case.

But after making regular payments, Voltaire was told in May that she was being taken out of the HAMP program and was $40,000 in default, the lawsuit alleges. After she protested, Wells Fargo agreed to reconsider her for a HAMP modification, according to the complaint, but in July, the bank took possession of the home.
"I was literally crying my eyes out," Voltaire says. "I put everything I have into this house, into getting my kids out of the projects. That's the part that really hurts. My kids could look at me like I failed."
Wells Fargo agreed not to sell her house pending further court action. Voltaire is still staying there and making her trial plan payments.

In its motion to dismiss the lawsuit brought by Voltaire and others, Wells Fargo said the plaintiffs have not adequately shown that their trial modifications were contracts to enter into permanent modifications. It says homeowners benefited from being able to make reduced monthly payments while staying in their homes.

Treasury Department officials say homeowners in HAMP trial plans are not promised permanent modifications.
But the Soper lawsuit and others quote language from some trial plan agreements that states: "If I am in compliance with this trial period plan and my representations ... continue to be true in all material respects, then the servicer will provide me with a Home Affordable Modification Agreement ... that would amend and supplement the mortgage on the property, and the note secured by the mortgage."

"They get a letter from the bank that says, 'If I comply, I'm entitled to a HAMP modification.' That's a contract. The bank has not performed under the contract," says Steve Berman, a lawyer with Hagens Berman Sobol and Shapiro in Seattle, who represents the Sopers and other homeowners in HAMP cases.

Evolving rules
The Obama administration's rapid launch of HAMP and its changing guidelines since then may have contributed to the program's administrative confusion. When HAMP began in 2009, servicers enrolled borrowers in trial modifications without verifying income or financial hardship. That brought immediate financial relief to more people, but ineligible homeowners were not weeded out until they completed trial plans. In June, the government began requiring participating servicers to verify applicants' income and financial hardship before starting trials. Treasury says that has improved the rate of conversions to permanent modifications.

"The HAMP program was an unprecedented response to an enormous crisis in this country's housing market. The administration needed to act quickly." says Phyllis Caldwell, Treasury's chief of the homeownership preservation office.
Meanwhile, the number of homeowners claiming improper denials of HAMP modifications is climbing.

One is Peter Salinas, 52, who struggled to pay his mortgage after the economy collapsed and his wife developed cancer. He appealed to his lender for help.

Salinas says he felt elated last year when he received a HAMP trial modification slashing $500 off his monthly payments. But later, he was told he made too much money to qualify for permanently reduced payments, he says. Wells Fargo threatened foreclosure if he didn't pay $9,000, the difference between his original mortgage and what he paid during the trial.

His servicer, Wells Fargo, declined to comment on his situation. Salinas is working with Gulfcoast Legal Services, a not-for-profit civil legal aid office, that says it is preparing a lawsuit against the lender.

"I was convinced I was doing everything right," says Salinas, a reporter for an automotive trade publication who lives near Bradenton, Fla. "I wasn't trying to walk away from this mortgage. It's just infuriating."

Wednesday, December 15, 2010

Alternate Mortgage Modification with Kramer and Kaslow

Click here to contact The Law Offices of Kramer and Kaslow for help with your home.

The government loan modification program is intended to help keep homeowners in their home. The main goal of mortgage home loan modification is to makes mortgage payments more affordable and fit into your current budget.
A Mortgage Modification is something that supports the banks and the struggling homeowner at the same time. Banks don’t want to have properties on their book at the end of the year. So, it will be beneficial for you to get into a really good for you to understand the home loan modification.
The Obama Home Loan Modification aims at helping those struggling homeowners who are finding it difficult to pay the loan back to the traditional lenders and banks. If you are seriously interested in modifying your home loan then Obama loan Modification will be the best of all. You should hurry after reading this blog because the administration is trying to keep their rules and policies extremely simple and comfortable. Obama Administration has plans to support all the struggling home owners by the end of his tenure. “Obama administration has committed on helping those who are undergoing financial distress.
All of us have heard much about mortgage modification industry lately and most of it is negative and less positive sides. If you are looking for a mortgage modification then I would suggest you to read this article. You may also want to know about the HAMP- Home Affordability Modification Plan by Obama Administration.
Mortgages form the financial underpinnings of the nation’s housing market and have allowed more than two-thirds of households to own their own homes.
The US government has allotted $75 million to all those are afraid of possible foreclosures.” The main Goal of the Obama Administration is to promote a mutual progress and stability to both the home owners and the housing market. To achieve their target they have come with an amazing idea of providing incentives to the agencies that would help the home owners to modify their loans and provide tax credit to the home buyers.
The banks and the traditional home loan lenders are playing smart when it comes to home loan modifications. They only give alternative modification plans to homeowners who may either be rejected from the mortgage assistance plan from the Making Home Affordable Program or who may default even when a modification program is in place. Be advised that the modification will only decrease the interest rate and help you in your financially stressful times. Your over all mortgage loan amounts will not be affected drastically, you still owe the amount that you borrowed from the company.
Modification is only for the ones who are honest homeowners and not for those who just want rip off the lenders. Honesty is the best policy on both the sides. If you want lenders to be honest with you, you will have to be honest yourself!
The whole process is very complicated, but lenders are getting used to it. It will be advisable to you to get any kind of loan negotiator. Online lenders would work for in this case. If your loan modification is complicated chances are the lenders will help you to get through with it. Making home affordable program is the best government intervention in the Real Estate Market! Don’t be late for applying to get the most affordable mortgage rate. The goal of loan modification program is to alter the input parts of your loan including lowering the interest rates, the monthly mortgage payment, years, and penalties and accumulate interest in a way that the mortgage can be remunerated from your available income.

Monday, December 13, 2010

Loan modification has replaced mortgage refinance as the goal of many mortgage holders

Click here to contact The Law Offices of Kramer and Kaslow for help with your home.

Right now, homeowners in all types of bad situations are desperately looking for and fortunately can get help refinancing their mortgage through a loan modification. These are new options that now exist that allow a mortgage modification to those mortgages where the mortgage value is often in excess of the home value. This is known as being “under water”. This is exactly what the Federal loan modification program is designed to do is to keep the homeowner from drowning. This is also called the Obama loan modification program. It’s the big chance to get the help needed with loan modification to lower monthly mortgage payments and save homes from being lost to foreclosure. Millions of homeowners are easily able to use this Federal loan modification plan for their most valuable personal asset… their homes.
More than $75 billion dollars is available to help homeowners get a loan modification. This money is available from the Federal loan modification plan which is President Obama’s “Making Home Affordable” plan. This Obama Loan Modification Program provides cash incentives to lenders and banks that follow the Government program. With this loan modification money, lenders are more likely to approve homeowners for refinancing.
The stimulus plan allows homeowners in all types of situations to get the help they need. Some things a homeowner can be facing and include:
* Financial and personal hardships like a loss of job, reduced income, or major expenses.
* A home that has declined in value up to 25% less than the amount owed on the mortgage can get refinancing approval.
* Homeowners with not so good credit who also often have other financial problems will be allowed to participate in the Federal loan modification program.
Get Best Loan Modification Deal If You’re Stressed Mortgage Holder.

Friday, December 10, 2010

Faced With Foreclosure? Important Steps to Take With Kramer and Kaslow

Get help to keep the bank from taking your home. Don't do it alone. Click here to contact The Law Offices of Kramer and Kaslow for help with your home.

Don't Let the Bank Take Your Home! Being faced with a foreclosure can be an extremely stressful and emotionally draining experience - to say the least...so if you find yourself in this situation, here are some steps for you to take to help save your home:

Step 1. Talk to Your Lender Immediately [Better to have Kramer and Kaslow do this for you] - Gather all of your Mortgage Documents and go through them. Write down your lender's phone number and your mortgage loan number. Take these and your coupon book or loan statement with you to the phone - it's important to have your loan number ready when you call...

Step 2. Ask for Your Lender's Loss Mitigation Department [Better to have Kramer and Kaslow do this for you]- After you are connected to Loss Mitigation, explain your financial situation and tell your lender why you are unable to make the monthly payment on your home.Most lenders are agreeable and want to work with you if you call promptly and explain to them what happened. For example: You may qualify for a "hardship" if you lost your job, are going through a divorce, have high medical bills, or have had a death in the family. Make sure you write down the person's name that you talked with, along with the date and time, for future reference.

Step 3. Inquire About a Loan Forbearance - Some lenders will consider this option, which means that you agree to pay part of the back payments you owe now, and the remaining balance is to be paid within a time period of the lenders choice, usually around six months. After this time period, you would again resume making your monthly mortgage payments. This option is used to buy yourself some time, so that hopefully you can get your financial situation straightened out.

Step 4. Ask About a Loan Modification - If a loan forbearance isn't an option, a loan modification might be a possibility. This means that your lender would be willing to change the terms of your mortgage permanently - such as your interest rate or monthly payment allowing you to be able to make payments that you can afford. The lender can even write off some of your balance in certain situations. This option is usually used with the "hardship" situation mentioned in Step 2.

Step 5. Consider a Loan Reinstatement - If it is possible for you to make up all of the back house payments you owe, including the mortgage company's fees, your loan can be reinstated and you continue to make your monthly mortgage payments. You may have to borrow money to do this, which would add another payment each month. If your financial situation is extremely strained already, this might not be an option.

Step 6. Ask About the FHA Secured Loan - If you had an Adjustable Rate Mortgage and you are in foreclosure because the loan amount adjusted so high that you can't afford to make your loan payments, consider the FHA Secured Loan. If you were current on your payments before the loan adjusted, you may qualify. You must have 3 percent equity in your home, or 3 percent in cash. You must also income qualify and the home will be appraised for value. Some lenders may forgive part of the loan to get the LTV (loan-to-value) needed if you meet the other qualifications that they require.


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Wednesday, December 8, 2010

Get back on a stable financial track in life with mortgage modification by Kramer and Kaslow

Click here to contact Kramer and Kaslow for help with your home.
Financial challenges are all unforeseeable in life; they can surface virtually any time in life. Out of all the troubles they bring along, the one that is most difficult is clearing those bills or mortgage payments. Today there are a number of solutions available that can help all trapped in such financial exigencies come out with a clean credit report. Out of all others the solution that is liked by many is mortgage modification. Always keep in mind when searching for a loan modification, speaking out clearly with the lenders can help in finding assistance easily. Never hide from the one to whom you owe the loan amount.


Mortgage modification requires meeting some eligibility criterias to know more about such plans one can always seek for professional assistance which is easily available from many mortgage companies out there. There is a special department in any mortgage company that can be inquired for as a loss mitigation department or even as a foreclosure deterrence department. Enquiring in such places directly with the apt knowledge you may have gathered by researching can actually help you in figuring about the best mortgage modification plan for your current situation.
Click here to read more.

Sunday, December 5, 2010

What is the Difference Between Loan Modification and Refinance?

With the increase of mortgage defaults in California including the many Ventura County home owners who have defaulted on their mortgage, there are multitudes who are searching for the most practical way to save their home.  The distressed home owners in Ventura County are bombarded by the media ads that promise a better, safer mortgage payment on a place these home owners would like to continue calling “Home”.
I have heard from many Ventura County home owners who, in despair, have made poor choices in an attempt to improve their current mortgage status.  Home owners need to understand that they have options and that there can be dire consequences if unnecessary or ineffective adjustments are made to their mortgage.

What Is Refinancing?

When you refinance your mortgage you are paying off your existing mortgage with a new mortgage.  The new mortgage will have different, presumably better, terms.  When refinancing, since you are practically applying for a new loan, you are required to pay all the title fees, escrow fees, lender fees, appraiser fees, taxes, and depneding on the loan terms, there may even be prepayment penalties.
Most home owners refinance in order to lower their interest rate, to extend the life of their loan, and/or to pay off other debt.
Home owners in California, including those in Ventura County, seeking to refinance their mortgage in the current market do face harder refinancing criteria.  Lenders require that a home owners who are looking to refinance have a high credit score, a considerable equity in their home, and documented job security.
The Hope Act offers a solution for some home owners to refinance their existing mortgage into an FHA Insured Mortgage.  However, most home owners who have defaulted on their mortgage will find it difficult to obtain ANY refinance of their current mortgage.

What Is Loan Modification?

A loan modification is a change of some or all of the terms of your current mortgage.  Loan modification is an amendment between the home owner and their current lender.
Prior to early 2008 most lenders were not in favor of loan modifications.  Loan modifications usually result in less interest for the lender.  However, in our country’s current financial crises, lenders are desperate for some liquid assets to sell in the open market.  Loan modifications untie the lenders’ bad assets (default mortgages) and enables the lender to sell the modified loans in the open market.
Despite popular belief, a home owner does not have to be in default to apply for a loan modification.

Sunday, November 28, 2010

Example of a Loan Modification Success Story

The following is a real case handled by Kramer and Kaslow with the customer's payment being pulled out of jeopardy and their monthly payment being reduced by $376.22: Click here to get from Kramer Kaslow for your home.


Clarence B
Customer Service Manager
The Law Offices of Kramer and Kaslow
Direct# 760-621-3762
Fax# 760-888-9254


From: Zoey [mailto:zoey@***********.net]
Sent: Friday, November 12, 2010 11:20 AM
To: 'Rob E'; 'David'; 'Clarence B'; amelia@**bank.com
Cc: 'LeShelle J'
Subject: Alyssa and Peter O mod agreement

Broker - Kramer&Kaslow San Marcos
Lender - BECU

--Old payment-  $ 1412.67(5months past due)
--New payment- $ 1036.45
--Monthly savings- $376.22
--New rate- 3.125% for 12months and 4.125% for term of the loan
--Old rate  6.125%

Thank you!

Zoey F
Loss Mitigation Counselor
Mitigation Professionals
Dir - 949-200-****
Fax- 949-313-****
zoey@**********.net

Monday, November 22, 2010

Applying for Short Sale with a Bank’s Loss Mitigation Department

Click here to contact us at Kramer and Kaslow to take you through the process.

Foreclosure is a very real possibility for many homeowners today; instances of foreclosure have been rising since 2008.  This risk has increased due to the downturn in the real estate market and the overall economic difficulties across the nation.  Some homeowners are at risk because they have lost income from a divorce, an illness or loss of employment.  Regardless of the cause of the homeowner’s financial trouble, every homeowner wants to avoid foreclosure.  To avoid foreclosure, many homeowners are looking into the options of loan modification and short sale.


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Sunday, November 21, 2010

Five Steps To Short Sale Success

A short sale is one of the common alternatives used to avoid a foreclosure. It can be an advantage to a homeowner facing foreclosure and who desires to avoid having a foreclosure on a credit record. Short sales are exactly what the term sounds like. When a home is sold for less than what is owed on it the difference between the amount the home sells for and the mortgage loan amount on the home is called a short sale. Thus, if a home's mortgage amount is $400,000 but is sold in a short sale for $200,000 the amount short is $200,000.
Getting approval from a lender involves a process of filling out certain documentation and submitting it to the bank or lender's loss mitigation department for consideration and approval of the short sale. It is the bank that has the final say over whether the short sale is approved rather than the homeowner who is selling the property.



Saturday, November 20, 2010

Robo-Singing, Chain of Title, Loss Mitigation, and Other Issues in Mortgage Servicing

The plaintiff in a foreclosure action is generally required to produce the note as evidence
that it has standing to foreclose. Moreover, under the Uniform Commercial Code, if the note is a
negotiable instrument, only a holder of the note (or a subrogee)—that is a party in possession of
the note— may enforce the note, as the note is the reified right to payment.


There is an exception, however, for lost, destroyed, or stolen notes, which permits a party
that has lost possession of a note to enforce it.50 If a plaintiff seeks to enforce a lost note, it is
necessary “to prove the terms of the instrument” as well as the “right to enforce the
instrument.”51 This proof is typically offered in the form of a lost note affidavit that attests to the
prior existence of the note, the terms of the note, and that the note has been lost.
It appears that a surprisingly large number of lost note affidavits are filed in foreclosure
cases. In Broward County, Florida alone, over 2000 such affidavits were filed in 2008-2009.52
Relative to the national population, that translates to roughly 116,000 lost note affidavits
nationally over the same period.



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