My Broken Mortgage.com

Peter Baptiste asked:


What can I do to stop foreclosure? Are there foreclosure assistance solutions available to help me? These are top questions that many Americans are finding themselves asking today. With so many foreclosures occurring, it leaves families in precarious positions, looking for foreclosure assistance solutions in lieu of foreclosure. Thankfully, there are some great solutions available.

John and Mary were an average couple. Both had jobs, a nice home, two cars, and were doing pretty well. However, John’s company was getting squeezed by the economy, so they laid him off, and at the same time the interest rates on their adjustable rate mortgage jumped, making their payment more than ever before in a time when they had less income than every before. Soon they were missing payments and facing foreclosure, frantically looking for foreclosure assistance solutions to help.

When you’re looking for foreclosure assistance solutions, there are several things to keep in mind. You want to make sure you choose the right solution for your needs, so here are several things to look for when searching for a foreclosure solution.

- Look for an Option That Will Help You Save Your Home – When you are weighing the various solutions available to you today, look for an option that will help you save your home if possible. This is not always possible, but the best choice.

- Make Sure You’re Not Getting Involved in a Scam – There are many scams out there, and when you’re trying to find the right foreclosure assistance solutions, keep your eyes open for scams.

- Don’t Pay for Help – There are many solutions out there and you shouldn’t have to pay for them. So, if they are asking for payment, this is not the right solution for you.

Solution #1 – Talk to Your Lender – Probably one of the best foreclosure assistance solutions to employ if you are facing foreclosure is to start out by talking to your lender. You need to let them know what the problem is. They don’t want to foreclose and can often offer you other great solutions to help.

Solution #2 – Loan Refinancing – Loan refinancing is another of the many foreclosure assistance solutions that is a great option for you. When you have an adjustable rate mortgage, this is definitely a top solution, since you can often save quite a bit in interest. This is a top way to avoid foreclosure but is not always an option.

Solution #3 – Forbearance – Forbearance on your loan can help you reduce your mortgage payments or even delay them for a time period without legal action. If you have dealt with a job loss or extreme financial problems, this is one of the top foreclosure assistance solutions to check into.

Solution #4 – Pre-Foreclosure Sales – If you are not interested in keeping your home and you’d rather make sure that you save your credit and avoid a foreclosure, pre-foreclosure sales can provide you with an excellent option.

Solution #5 – Repayment Plan – Some companies will offer special repayment plans that are great foreclosure assistance solutions. This is a very common method used and includes your lender allowing you to repay the past due amounts by adding part of it to your monthly payment each month so you can get caught up.

Solution #6 – Short Sale – A short sale is not one of the top foreclosure assistance solutions, and it means you’ll be giving up your home, but it is a good option as a last resort. It allows you to sell your home for less than the mortgage amount, but you’ll have to get your lender to agree to it.

Solution #7 – Deed in Lieu – Last of all, deed in lieu is another one of the many foreclosure assistance solutions available, but there are some big disadvantages. While it does help you to avoid foreclosure, it can still damage your credit.

These are just a few of the top foreclosure assistance solutions options that you have today. It’s important that you understand your options and how they work so you can make sure that you don’t get caught off guard by foreclosure. There is help for you if you are dealing with a possible foreclosure, so take the time to find out more about these solutions that are available to you.



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Frederick A Neustein asked:


Frederick A Neustein, an attorney with the Law Offices of Charles L Neustein PA and www.StopForelcosureLawyer.com respectfully submits the following:

Florida Foreclosure Fraud Protection Law Enacted.

The Attorney General clarified that this new law will not apply to the Attorney / Client relationship or the way attorneys are paid when they are hired to help distressed homeowners.  This law brings much needed protection to those consumers / homeowners who have been taken advantage of by Mortgage Loan Modification Companies – many of which are scams…

Effective October 1st, 2008



501.1377 Violations involving homeowners during the course of residential foreclosure proceedings.

(1) LEGISLATIVE FINDINGS AND INTENT.–The Legislature finds that homeowners who are in default on their mortgages, in foreclosure, or at risk of losing their homes due to nonpayment of taxes may be vulnerable to fraud, deception, and unfair dealings with foreclosure-rescue consultants or equity purchasers. The intent of this section is to provide a homeowner with information necessary to make an informed decision regarding the sale or transfer of his or her home to an equity purchaser. It is the further intent of this section to require that foreclosure-related rescue services agreements be expressed in writing in order to safeguard homeowners against deceit and financial hardship; to ensure, foster, and encourage fair dealing in the sale and purchase of homes in foreclosure or default; to prohibit representations that tend to mislead; to prohibit or restrict unfair contract terms; to provide a cooling-off period for homeowners who enter into contracts for services related to saving their homes from foreclosure or preserving their rights to possession of their homes; to afford homeowners a reasonable and meaningful opportunity to rescind sales to equity purchasers; and to preserve and protect home equity for the homeowners of this state.

(2) DEFINITIONS.–As used in this section, the term:

(a) “Equity purchaser” means any person who acquires a legal, equitable, or beneficial ownership interest in any residential real property as a result of a foreclosure-rescue transaction. The term does not apply to a person who acquires the legal, equitable, or beneficial interest in such property:

1. By a certificate of title from a foreclosure sale conducted under chapter 45;

2. At a sale of property authorized by statute;

3. By order or judgment of any court;

4. From a spouse, parent, grandparent, child, grandchild, or sibling of the person or the person’s spouse; or

5. As a deed in lieu of foreclosure, a workout agreement, a bankruptcy plan, or any other agreement between a foreclosing lender and a homeowner.

(b) “Foreclosure-rescue consultant” means a person who directly or indirectly makes a solicitation, representation, or offer to a homeowner to provide or perform, in return for payment of money or other valuable consideration, foreclosure-related rescue services. The term does not apply to:

1. A person excluded under s. 501.212.

2. A person acting under the express authority or written approval of the United States Department of Housing and Urban Development or other department or agency of the United States or this state to provide foreclosure-related rescue services.

3. A charitable, not-for-profit agency or organization, as determined by the United States Internal Revenue Service under s. 501(c)(3) of the Internal Revenue Code, which offers counseling or advice to an owner of residential real property in foreclosure or loan default if the agency or organization does not contract for foreclosure-related rescue services with a for-profit lender or person facilitating or engaging in foreclosure-rescue transactions.

4. A person who holds or is owed an obligation secured by a lien on any residential real property in foreclosure if the person performs foreclosure-related rescue services in connection with this obligation or lien and the obligation or lien was not the result of or part of a proposed foreclosure reconveyance or foreclosure-rescue transaction.

5. A financial institution as defined in s. 655.005 and any parent or subsidiary of the financial institution or of the parent or subsidiary.

6. A licensed mortgage broker, mortgage lender, or correspondent mortgage lender that provides mortgage counseling or advice regarding residential real property in foreclosure, which counseling or advice is within the scope of services set forth in chapter 494 and is provided without payment of money or other consideration other than a mortgage brokerage fee as defined in s. 494.001.

(c) “Foreclosure-related rescue services” means any good or service related to, or promising assistance in connection with:

1. Stopping, avoiding, or delaying foreclosure proceedings concerning residential real property; or

2. Curing or otherwise addressing a default or failure to timely pay with respect to a residential mortgage loan obligation.

(d) “Foreclosure-rescue transaction” means a transaction:

1. By which residential real property in foreclosure is conveyed to an equity purchaser and the homeowner maintains a legal or equitable interest in the residential real property conveyed, including, without limitation, a lease option interest, an option to acquire the property, an interest as beneficiary or trustee to a land trust, or other interest in the property conveyed; and

2. That is designed or intended by the parties to stop, avoid, or delay foreclosure proceedings against a homeowner’s residential real property.

(e) “Homeowner” means any record title owner of residential real property that is the subject of foreclosure proceedings.

(f) “Residential real property” means real property consisting of one-family to four-family dwelling units, one of which is occupied by the owner as his or her principal place of residence.

(g) “Residential real property in foreclosure” means residential real property against which there is an outstanding notice of the pendency of foreclosure proceedings recorded pursuant to s. 48.23.

(3)  PROHIBITED ACTS.–In the course of offering or providing foreclosure-related rescue services, a foreclosure-rescue consultant may not:

(a) Engage in or initiate foreclosure-related rescue services without first executing a written agreement with the homeowner for foreclosure-related rescue services; or

(b) Solicit, charge, receive, or attempt to collect or secure payment, directly or indirectly, for foreclosure-related rescue services before completing or performing all services contained in the agreement for foreclosure-related rescue services.

(4)  FORECLOSURE-RELATED RESCUE SERVICES; WRITTEN AGREEMENT.–

(a)  The written agreement for foreclosure-related rescue services must be printed in at least 12-point uppercase type and signed by both parties. The agreement must include the name and address of the person providing foreclosure-related rescue services, the exact nature and specific detail of each service to be provided, the total amount and terms of charges to be paid by the homeowner for the services, and the date of the agreement. The date of the agreement may not be earlier than the date the homeowner signed the agreement. The foreclosure-rescue consultant must give the homeowner a copy of the agreement to review not less than 1 business day before the homeowner is to sign the agreement.

(b)  The homeowner has the right to cancel the written agreement without any penalty or obligation if the homeowner cancels the agreement within 3 business days after signing the written agreement. The right to cancel may not be waived by the homeowner or limited in any manner by the foreclosure-rescue consultant. If the homeowner cancels the agreement, any payments that have been given to the foreclosure-rescue consultant must be returned to the homeowner within 10 business days after receipt of the notice of cancellation.

(c)  An agreement for foreclosure-related rescue services must contain, immediately above the signature line, a statement in at least 12-point uppercase type that substantially complies with the following:

HOMEOWNER’S RIGHT OF CANCELLATION

YOU MAY CANCEL THIS AGREEMENT FOR FORECLOSURE-RELATED RESCUE SERVICES WITHOUT ANY PENALTY OR OBLIGATION WITHIN 3 BUSINESS DAYS FOLLOWING THE DATE THIS AGREEMENT IS SIGNED BY YOU.

THE FORECLOSURE-RESCUE CONSULTANT IS PROHIBITED BY LAW FROM ACCEPTING ANY MONEY, PROPERTY, OR OTHER FORM OF PAYMENT FROM YOU UNTIL ALL PROMISED SERVICES ARE COMPLETE.

IF FOR ANY REASON YOU HAVE PAID THE CONSULTANT BEFORE CANCELLATION, YOUR PAYMENT MUST BE RETURNED TO YOU NO LATER THAN 10 BUSINESS DAYS AFTER THE CONSULTANT RECEIVES YOUR CANCELLATION NOTICE.

TO CANCEL THIS AGREEMENT, A SIGNED AND DATED COPY OF A STATEMENT THAT YOU ARE CANCELING THE AGREEMENT SHOULD BE MAILED (POSTMARKED) OR DELIVERED TO (NAME) AT (ADDRESS) NO LATER THAN MIDNIGHT OF (DATE) .

IMPORTANT: IT IS RECOMMENDED THAT YOU CONTACT YOUR LENDER OR MORTGAGE SERVICER BEFORE SIGNING THIS AGREEMENT.

YOUR LENDER OR MORTGAGE SERVICER MAY BE WILLING TO NEGOTIATE A PAYMENT PLAN OR A RESTRUCTURING WITH YOU FREE OF CHARGE.

(d) The inclusion of the statement does not prohibit the foreclosure-rescue consultant from giving the homeowner more time in which to cancel the agreement than is set forth in the statement, provided all other requirements of this subsection are met.

(e) The foreclosure-rescue consultant must give the homeowner a copy of the signed agreement within 3 hours after the homeowner signs the agreement.

(5)   FORECLOSURE-RESCUE TRANSACTIONS; WRITTEN AGREEMENT.–

(a)  1. A foreclosure-rescue transaction must include a written agreement prepared in at least 12-point uppercase type that is completed, signed, and dated by the homeowner and the equity purchaser before executing any instrument from the homeowner to the equity purchaser quitclaiming, assigning, transferring, conveying, or encumbering an interest in the residential real property in foreclosure. The equity purchaser must give the homeowner a copy of the completed agreement within 3 hours after the homeowner signs the agreement. The agreement must contain the entire understanding of the parties and must include:

a. The name, business address, and telephone number of the equity purchaser.

b. The street address and full legal description of the property.

c. Clear and conspicuous disclosure of any financial or legal obligations of the homeowner that will be assumed by the equity purchaser.

d. The total consideration to be paid by the equity purchaser in connection with or incident to the acquisition of the property by the equity purchaser.

e. The terms of payment or other consideration, including, but not limited to, any services that the equity purchaser represents will be performed for the homeowner before or after the sale.

f. The date and time when possession of the property is to be transferred to the equity purchaser.

2. A foreclosure-rescue transaction agreement must contain, above the signature line, a statement in at least 12-point uppercase type that substantially complies with the following:

I UNDERSTAND THAT UNDER THIS AGREEMENT I AM SELLING MY HOME TO THE OTHER UNDERSIGNED PARTY.

3. A foreclosure-rescue transaction agreement must state the specifications of any option or right to repurchase the residential real property in foreclosure, including the specific amounts of any escrow payments or deposit, down payment, purchase price, closing costs, commissions, or other fees or costs.

4. A foreclosure-rescue transaction agreement must comply with all applicable provisions of 15 U.S.C. ss. 1600 et seq. and related regulations.

(b) The homeowner may cancel the foreclosure-rescue transaction agreement without penalty if the homeowner notifies the equity purchaser of such cancellation no later than 5 p.m. on the 3rd business day after signing the written agreement. Any moneys paid by the equity purchaser to the homeowner or by the homeowner to the equity purchaser must be returned at cancellation. The right to cancel does not limit or otherwise affect the homeowner’s right to cancel the transaction under any other law. The right to cancel may not be waived by the homeowner or limited in any way by the equity purchaser. The equity purchaser must give the homeowner, at the time the written agreement is signed, a notice of the homeowner’s right to cancel the foreclosure-rescue transaction as set forth in this subsection. The notice, which must be set forth on a separate cover sheet to the written agreement that contains no other written or pictorial material, must be in at least 12-point uppercase type, double-spaced, and read as follows:

NOTICE TO THE HOMEOWNER/SELLER

PLEASE READ THIS FORM COMPLETELY AND CAREFULLY. IT CONTAINS VALUABLE INFORMATION REGARDING CANCELLATION RIGHTS.

BY THIS CONTRACT, YOU ARE AGREEING TO SELL YOUR HOME. YOU MAY CANCEL THIS TRANSACTION AT ANY TIME BEFORE 5:00 P.M. OF THE THIRD BUSINESS DAY FOLLOWING RECEIPT OF THIS NOTICE.

THIS CANCELLATION RIGHT MAY NOT BE WAIVED IN ANY MANNER BY YOU OR BY THE PURCHASER.

ANY MONEY PAID DIRECTLY TO YOU BY THE PURCHASER MUST BE RETURNED TO THE PURCHASER AT CANCELLATION. ANY MONEY PAID BY YOU TO THE PURCHASER MUST BE RETURNED TO YOU AT CANCELLATION.

TO CANCEL, SIGN THIS FORM AND RETURN IT TO THE PURCHASER BY 5:00 P.M. ON (DATE) AT (ADDRESS) .

IT IS BEST TO MAIL IT BY CERTIFIED MAIL OR OVERNIGHT DELIVERY, RETURN RECEIPT REQUESTED, AND TO KEEP A PHOTOCOPY OF THE SIGNED FORM AND YOUR POST OFFICE RECEIPT.

I (we) hereby cancel this transaction.

Seller’s Signature

Printed Name of Seller

Seller’s Signature

Printed Name of Seller

Date

(c) In any foreclosure-rescue transaction in which the homeowner is provided the right to repurchase the residential real property, the homeowner has a 30-day right to cure any default of the terms of the contract with the equity purchaser, and this right to cure may be exercised on up to three separate occasions. The homeowner’s right to cure must be included in any written agreement required by this subsection.

(d) In any foreclosure-rescue transaction, before or at the time of conveyance, the equity purchaser must fully assume or discharge any lien in foreclosure as well as any prior liens that will not be extinguished by the foreclosure.

(e) If the homeowner has the right to repurchase the residential real property, the equity purchaser must verify and be able to demonstrate that the homeowner has or will have a reasonable ability to make the required payments to exercise the option to repurchase under the written agreement. For purposes of this subsection, there is a rebuttable presumption that the homeowner has a reasonable ability to make the payments required to repurchase the property if the homeowner’s monthly payments for primary housing expenses and regular monthly principal and interest payments on other personal debt do not exceed 60 percent of the homeowner’s monthly gross income.

(f) If the homeowner has the right to repurchase the residential real property, the price the homeowner pays may not be unconscionable, unfair, or commercially unreasonable. A rebuttable presumption, solely between the equity purchaser and the homeowner, arises that the foreclosure-rescue transaction was unconscionable if the homeowner’s repurchase price is greater than 17 percent per annum more than the total amount paid by the equity purchaser to acquire, improve, maintain, and hold the property. Unless the repurchase agreement or a memorandum of the repurchase agreement is recorded in accordance with s. 695.01, the presumption arising under this subsection shall not apply against creditors or subsequent purchasers for a valuable consideration and without notice.

(6) REBUTTABLE PRESUMPTION.– Any foreclosure-rescue transaction involving a lease option or other repurchase agreement creates a rebuttable presumption, solely between the equity purchaser and the homeowner, that the transaction is a loan transaction and the conveyance from the homeowner to the equity purchaser is a mortgage under s. 697.01. Unless the lease option or other repurchase agreement, or a memorandum of the lease option or other repurchase agreement, is recorded in accordance with s. 695.01, the presumption created under this subsection shall not apply against creditors or subsequent purchasers for a valuable consideration and without notice.

(7) VIOLATIONS. – A person who violates any provision of this section commits an unfair and deceptive trade practice as defined in part II of this chapter. Violators are subject to the penalties and remedies provided in part II of this chapter, including a monetary penalty not to exceed $15,000 per violation.



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Jhoana Cooper asked:


Recent economic conditions have had an impact on foreclosures as well. Even though it has been noticed that the number of foreclosures decreased with a small percent, the trend is still maintained at a high level. Each day, more and more homeowners default on their payments and their properties are being repossessed. Banks and other lending institutions are obliged to file for foreclosures, desiring to recuperate the debt as soon as possible.

Compared to the year of 2007, the number of foreclosures has increased by a worrying number. Homeowners are having a hard time paying their mortgage and they find themselves in the situation of facing pre-foreclosure. Some have lost their jobs and have no way to pay. Others have been in default for some time and they have absolutely no possibilities to pay for their loans. Experts appreciate that even more properties are going to be foreclosed the following year.

There are three states that sit at the top of the list when it comes to foreclosures. We are talking about California, Florida and Michigan. Searching statistics for foreclosures by state, one will quickly notice that California occupies number one. The state has an increasing number of properties under foreclosure, the number having doubled since 2007. The situation is probably just as serious in Florida, the number of foreclosures surpassing the one registered in Michigan. As for the state of Michigan, the recently noticed decrease in foreclosed properties has not managed to erase it from the top three states where foreclosure rate is still as high as ever.

Following closely the three states mentioned above, we find an impressive number of territories affected by foreclosures. States like Texas, Ohio, Colorado and Nevada are deeply affected, ranking among the top list. Should we be worried about the number reported when it comes to foreclosures by state? The answer is obvious. Foreclosures happen in all parts of the country, often surpassing the national average. Some states have seen a decrease in foreclosure activity but the registered percent is still worrying.

California, one of the states where foreclosure rates have hit sky-limit, has seen an increase in the past few weeks. Analyzing foreclosures by state, we notice that the same thing has happened in Michigan where the number of foreclosures has increased with over 20%. As for the cities where foreclosure activity is intense, California and Florida cities occupy most of the places on the top 10 list. More recent data shows that one in ten properties is in default, with an even bigger number when it comes to properties that are already in foreclosure.

We could analyze foreclosure activity and trends by city, state or top ten lists. Searching foreclosures by state, there are numerous states where homeowners default on their payments and are unable to prevent repossession. Some cities have a higher rate, others have managed to keep it at a steady level. One thing is certain: the situation was not as concerning in 2007. As we approach a new year, it becomes clear that we need to take a closer look at foreclosures by state and identify possible solutions!



Kansieo.com

Dave Dinkel asked:


On May 28, 2008, Governor Crist of Florida signed into law Statute 501.1377 (HB 643/SB 992) or so called Anti-Fraud Legislation. The real estate investing community has labeled the new legislation as anti-investor, despite the statute formally being called “Foreclosure-rescue Transactions”. The legislation targets certain types of foreclosure-related transactions including any action or method that postpones or stops a foreclosure transaction, the purchase of a foreclosure property, and the lease optioning of a foreclosure property back to the homeowner.

There are two types of individuals covered by the statute, the first of which are called Foreclosure-rescue Consultants. These individuals may or may not be investors and their efforts are focused on stopping or postponing a foreclosure for the homeowner whether or not they collect a fee. Before this legislation took effect, an individual could charge a homeowner an upfront fee for loan modification, short selling his home, or any service that would stop or postpone the homeowner’s foreclosure. As of October 1, 2008 any person deemed to be doing foreclosure-rescue consulting can no longer collect any fees before all services are complete as specified in a contract between the homeowner and the consultant. This means that if a consultant spends 10 to 30 hours on a case, and the end result is exactly as proposed in the contractual agreement with the homeowner, the consultant may not be able to collect his fee after all. It depends on whether the homeowner decides to abide by the terms of the contract or not.

There are literally thousands of legitimate foreclosure consultants who for many years have saved homeowners from foreclosure or eased the burden of their foreclosure and charged a reasonable upfront fee to do it. The well-meaning sponsor of this legislation was focused on a few scam artists who took foreclosure victims’ money and never made an effort to complete the services promised. Ironically, the true victim in this legislation will be the homeowner who now can only seek the very expensive help of an attorney to do the same work a non-attorney can easily do.

Originally included in the legislation were bankruptcy attorneys who have to charge a fee before the bankruptcy filing. However, attorneys were later exempt by the State’s Attorney General who explained he would not enforce it against attorneys. So every attorney in Florida is now exempt from charging upfront fees for loan mitigation, foreclosure postponement, short sales, and any other service that stops or postpones a foreclosure. This has created a new and vast market that was formerly unprofitable for attorneys in most cases. This legislation now gives attorneys a whole new client base to work on.

When real estate investors realized what the legislation meant to their careers and independent small businesses, they reacted in the only way they knew – to try and find “loopholes” by which they were exempt from the severe penalties of this statute. As with attorneys or wannabe attorneys, if you get five together, you will get five opinions. In this case many were trying to escrow the payment(s) for services rendered or charge in small increments as the work was completed, such as an application fee, submission fee, and other “step-by-step” fees. These are illegal under the statue and subject to fines of $15,000 per incident and possible jail time.

Also included in this legislation was specific wording about contract clauses and the requirements of the foreclosure consultant interacting with a homeowner including:

1.) The homeowner must have the contract for at least 24 hours before signing it and this right cannot be waived or modified, as are the waiver rights for the maximum fees that personal injury attorneys can charge. 2.) The homeowner must receive from the foreclosure consultant a copy of all documents that he signed within three hours of signing them. 3.) The homeowner has a three-day right of recession or cancellation of the contract without penalty and any funds collected by the foreclosure consultant must be returned to the homeowner within ten days. 4.) The date of the agreement must be shown as well as the name and address of the foreclosure consultant and it must be signed and dated by the homeowner and the foreclosure consultant after the date the homeowner received the original contract for review. 5.) The contract must be in 12 point or larger “Upper Case” print which we believed must have been a mistake but after speaking to the Attorney General’s Office, they confirmed the entire contract must be in upper case letters. 6.) The contract must explain the exact nature of the proposed services to be provided, the total charges for each. 7.) The contract contains very specific language that cannot be modified in any way and recommends that the homeowner contact his lender or loan servicer since they may do the same service as the foreclosure consultant for no charge. 8.) No upfront fee, money, property or other form of payment may be accepted by the foreclosure consultant until all services are completed.

This is a brief overview of the first part of Florida Statute 501.1377 and is not meant to be a legal opinion advice and is for educational purposes only.



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