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Archive for the ‘Foreclosure Education’ Category




Bankruptcy Attorney Reveals: 5 Ways to Stop Home Foreclosures on Long Island

Friday, September 11th, 2009

Many people mistakenly believe that once they’ve missed a house payment or two, that their home is bound to be foreclosed upon.

 

But today more than ever, that’s far from the case. Lenders are drowning in a glut of properties on the market, and thus have a keen interest in helping homeowners stop home foreclosures in Long Island


 Once a lender has filed a Notice of Default, it becomes much more difficult (but not impossible) to stop home foreclosures on a Long Island property. This filing is a legal way for lenders to protect their interest, and it starts the clock ticking against you as you endeavor to stop home foreclosure on your Long Island home. Since foreclosure is a timeline-driven process, it’s important to act immediately – as soon as you foresee you will have problems in making your payments.

 

Here are just a few ways homeowners can stop home foreclosures on Long Island properties:

 

1.  Be Proactive: In order to stop home foreclosures in Long Island properties, it’s imperative that you take the initiative and contact your lender before you miss a payment. Oftentimes, terms can be worked out that allow you to make up a missed payment (i.e., paying $100 extra a month for the next year to make up for this months missed $1,200 mortgage payment.) By proactively working with your lender, you’ll be demonstrating your intent to meet your obligation, and your lender will be much more willing to work with you.

 

2.  Extra time to make up missed payments:  Some lenders will extend a grace period before taking legal action against you, so it’s a good idea to at least ask for this option.

 

3.  Loan Modification – Reduced rate:  Lenders are more willing than ever  to consider loan modifications that reduce your interest rate (or convert an adjustable rate into a fixed rate.)

 

4.  Loan Modification – Extended Amortization Period:  Another option is to ask to extend the life of your loan, often from a 30-year loan to a 40-year loan.

 

5.  Backload Missed Payments: While some lenders want missed payments repaid up front, tacking missed payments onto the end of the loan is becoming an increasingly popular option. Recalculating and re-amortizing the loan can be a very effective means to help you catch up, and to stop foreclosures on your Long Island property.




MORTGAGE LOAN MODIFICATION: SORTING THROUGH THE HYPE

Monday, July 13th, 2009

You see it almost daily in the headlines:  Government economic stimulus packages to help struggling homeowners. But how is a layperson to sort through the hype of all the recently created mortgage loan modification programs out there?

 

That’s where we can help. At The Law Offices of Ronald Weiss, we’re adept at helping homeowners in distress. First we help you take stock of your current situation, then work with you to educate you about the variety of mortgage loan modification programs out there. These programs can be lifesavers for struggling homeowners, allowing them to reduce their mortgage payments and save their homes.

 

Mortgage loan modification programs aren’t right for everyone, however. Because these are government programs, rules and regulations have been put into place to keep people (usually investors) from taking advantage of the programs.

 

In order to qualify for a mortgage loan modification program, you must:

 

  • Have a documented financial hardship or change in financial circumstances
  • Be delinquent on your mortgage by 90 days or more
  • Occupy the property yourself (investment/rental mortgages do not qualify)
  • Not have filed for bankruptcy

 

While your situation may seem overwhelming to you, when viewed through the eyes of an unbiased, experienced professional, there is often hope. Our experts at The Law Offices of Ronald Weiss can introduce you to an array of mortgage loan modification options which can reduce your monthly mortgage payment and give you the breathing room you need to get back on track.

 

So contact us today, and let our experienced professionals show you the many ways we can help get you back on the road to recovery. A mortgage loan modification may not be right for everybody, but may be just what you need to get you on the path back to financial freedom. 

Can Consumer Confidence Get Any Lower?

Monday, March 16th, 2009

 

 

Month after month of non-stop battering, each time some optimistic spark deep within produces a faint glow of hope that it can’t get any worse, something new goes wrong.  This month consumer confidence was like a sky diver with a defective parachute. The reason? More bad news of increased job cuts, and decreased retirement accounts.

 

In fact, there was no good news of any kind for the short term. The best news, if you can call it that, was from the Fed which said that the economy is undergoing a “severe contraction” that would last for the first half of this year.

 

All the major retailers reported bad fourth quarter results, and home prices recorded the sharpest drop ever. Search where you will, there was no good economic news anywhere. The best news available was actually the absence of bad news – gas prices did not show any indication of going up in the near future.

 

In New York, the Conference Board advised that its Consumer Confidence Index which showed only a small drop in the December - January period (perhaps because of the holiday mood) experienced a sharp drop of 12 points this month to currently rest at 25, far below the projected level of 35 that experts had predicted. Nassau County foreclosure lawyers say they may be able to help stop or prevent foreclosures, or relieve financial burdens if they are called in to help early enough. It’s very important not to delay asking for help from a bankruptcy or foreclosure lawyer.

 

Foreclosing on a mortgage is a major step for any family and the fact that foreclosure attorneys are being consulted in this volume only substantiates the fact that many families have reached the brink with literally nowhere to turn.

 

Most analysts say that looking ahead, at least in the short to medium term, increasing worries about business conditions, corporate earnings and employment security are creating a vicious cycle of steadily reducing consumer spending which is exactly the opposite of what is required to kick start the economy.

 

Consumers are also scared by the free fall in home prices which have plunged by over 18%, the largest fall in 21 years. Today’s property prices are what they were in 2003.

 

While consumer confidence will naturally be affected by what has happened since last September, what is worrying is that even optimism for the future was absent until Obama took office. It surged then, but has already started to drop because illogical miracle solutions that people hoped would keep them away from bankruptcy law firms in Suffolk County and other parts of New York, did not materialize.

 

There may be hope for those who are able to hold on for a few more months may not see a return to prosperity, but at least a light at the end of the tunnel.

 

What Can a Foreclosure Attorney do for me?

Monday, March 9th, 2009

Times are tight- there’s no doubt about that. Just look at the growing number of vacant and boarded up homes in Long Island to verify that. Foreclosures are on the rise in New York, and most consumers are not educated enough in these matters to effectively facilitate their own rescue, or quietly and appropriately allow to happen what in many cases is inevitable- without doing unnecessary damage to their credit, legal standing, and emotional well-being. For these reasons, it is absolutely crucial to consult with qualified and experienced New York foreclosure attorneys. Many people, however, do not take this vital step, as they do not truly understand what foreclosure attorneys can do for them. Let’s examine this:

First of all, a foreclosure attorney brings piece of mind. Knowing that your situation is in competent hands can be a big relief. Your finances and all related agreements will be reviewed, and the attorney will discuss your situation in general. If you have already received a summons or complaint, the lawyer will respond to that while keeping you within very tight legal guidelines. If you are unemployed or underemployed, the attorney will argue under a statute that allows extra time to file your response to the complaint, and may also allow a legal delay in the foreclosure proceedings, up to six months. Responses to the complaint will include any defenses developed by you and your legal counsel.

Believe it or not, part of a foreclosure attorney’s job is to review ways to actually prevent the foreclosure. They will discuss possible methods used to gain foreclosure prevention assistance with you, such as those offered by State and local governments and social organizations. In addition, they will explore your standing under the Federal program known as Hope Now, and will be able to explain what this program is in terms that you can understand.

If a foreclosure is unavoidable, a foreclosure attorney will advise you whether to ask for a “Strict” foreclosure, or a “Foreclosure by Sale.” Each type is very different, and needs expert understanding in order to determine the best choice for any particular situation. To prevent either type of foreclosure, an experienced attorney may assist you in obtaining a “Deed in Lieu of Foreclosure.” In most cases, a deed in lieu of foreclosure allows you to return the property title to the bank without forcing them to incur court and litigation costs, and in return, the bank or lender agrees to not seek judgment against you for any amounts owed that the return of the deed does not cover. These are all highly complicated issues, and therefore reinforce all the more why a professional foreclosure attorney is needed.

A foreclosure attorney’s job is not finished after the court proceedings- there is still more to be done, and you should retain their counsel until the entire process is over. When the court has ordered a foreclosure, you will eventually be ejected from your property. There are rules, time requirements, and regulations concerning foreclosures that you must be made aware of, or you could possibly lose all of your belongings. In addition, in many foreclosure proceedings, there is a deficiency balance owed to the bank after their repossession or sale of your property. Arranging to repay this, and at what terms, should be accomplished using an experienced and competent foreclosure attorney.

Mortgages & Foreclosures: What does the Jargon Mean?

Thursday, March 5th, 2009

 

 

Pick up the New York Times, or click your way to Long Island Exchange, and you will see a growing and inescapable news trend: foreclosures. They are being reported in epidemic proportions nearly everywhere, and they are happening to people and families that you least expected would ever experience such severe financial difficulties. The trouble is that there is so much ignorance surrounding the mortgage world. This has worked to the distinct advantage of unscrupulous lenders, as consumers with little experience in, or knowledge of the mortgage-lending world have fallen prey to predatory lending practices. In fact, the reality of this situation is that a great deal of the cause for our current economic crisis lies in the fact that we as Americans asked for mortgages that we could not really afford, and banks gave them to us. So, the first step is to eliminate some of that ignorance.

 

Have you ever noticed that regular working consumers often talk about mortgages and terms related to them, but don’t know the specifics about what they refer to? The sad truth of the matter is that many Americans do not know what basic mortgage and lending terms mean. Understanding these terms and the system they depict is vital to comprehension of our present financial realities. Let’s explore this a little

 

Equity:

When referring to a mortgage or home loan of any type, equity refers to the difference between what you actually owe on the home, and what the home is worth. In Suffolk County, New York, for instance, equity values have been traditionally high. This means that homeowners owe less on their homes than the home is worth. As an example, if Mr. Smith from Long Island owns a home valued at $200,000, but he only owes $120,000 on the original mortgage, then it could be said that Mr. Smith has about $80,000 in equity in his home. This is home refinancing deals are struck: banks lend money against the equity built up in a home. Negative equity, which is increasing rapidly in the United States, is when you owe more on the home than it is worth. When this happens, many homeowners simply hand the keys back to the bank and walk away, or allow foreclosure to occur.

 

Foreclosure:

A foreclosure is when a bank or other lender physically retakes possession of a home after an owner has defaulted on their mortgage loan. Sometimes an owner surrenders the home in a voluntary foreclosure, but more often than not, banks will take owners to court in order to force the owner out of the home. The bank then sells the home to satisfy the outstanding loan. However, the bank sale of the home often does not satisfy the loan amounts, and therefore the owner may still owe money after they have been foreclosed upon. This is one of the most significant risks associated with foreclosure, and a reason why so many people facing foreclosure end up declaring bankruptcy instead.

 

ARM:

ARM is an acronym for Adjustable Rate Mortgage. This is a risky mortgage, and is yet another cause of the global economic meltdown. Essentially, an ARM allows a borrower to get a very low, special interest rate for a set period on their loan. When that period expires, the rate increases based on numerous market variables, and the minimum payment due increases as well. Historically, many borrowers selected ARM based loans with the intention of moving out of the property and eliminating the loan prior to the ARM going up. For years, this was an excellent money-saving tactic. However, with the housing and economic crisis, many homeowners were not able to move or get out of their mortgage. Thus, when their payment and interest increased, they were no longer able to afford the home. Hence the resulting foreclosure explosion.

Reverse Mortgage:

You hear about reverse mortgages all the time, but few people actually know what it means. Essentially, a reverse mortgage is described as a bank slowly buying your home. Often times, when a home is owned outright, or has a significant sum of equity, a lender may let to pay you a specific amount of money each month, for the rest of your life. After your death, the bank will sell the home to repay the amounts they have “lent” you. The bank provides any remaining amounts to family members. This is perfect for senior citizens who have little or no income, and have value in their homes. Most states have age restrictions, as well as a number of other requirements, making a reverse mortgage a little more difficult to obtain than a traditional mortgage. In fact, a number of states do not allow reverse mortgages at all.

Often, fast-talking salespeople use industry jargon to confuse and distract consumers into making poor decisions. This is why it is essential to educate yourself on matters of such importance. To help you do so, keep this blog bookmarked, and we’ll cover more of the terms of the banking and mortgage lending worlds.

 

 
The Law Offices of Ronald. D. Weiss, P.C.

LI Bankruptcy & Foreclosure
Law Office of Ronald D. Weiss, P.C.
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Melville, NY 11747
Phone: (631) 271 - 3737
www.ny-bankruptcy.com

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