Mortgage Hardship: Solutions to Avoid Foreclosure

There are precise steps you can take to protect yourself and your interests. There are legal rights that you possess and can use to help yourself in difficult times. The biggest challenge is that most American consumers and homeowners don’t know they have legal rights. You have foreclosure rights…when you’re facing a mortgage hardship, all hope is not lost.

Beware of Scam “Forensic” Loan Auditors/Companies

TILA or supposed “Forensic” Audits that use standardized check-off lists without providing a mathematical determination of the TILA Disclosure Statement and amounts are NOT Forensic Audits. A check-off list or automated/software-driven TILA Audit describing potential violations as “Serious,” or “Moderate” is incompetent and useless. A Forensic TILA Audit must provide accurate TILA; Regulation Z citations, case law precendent, as well as actual computation of all settlement service fees properly allocated in the TILA Disclosure Statement or the Audit will NOT withstand scrutiny by legal authorities. Do not be fooled by imitations using standardized check-off lists.

Foreclosure Rights – Basics in Homeowner Foreclosure Defense

I realized this morning that it’s been a while since I’ve covered the basics of foreclosure defense. For those of you readers who are behind in their mortgage and trying to work something out with the lender (who is usually just the servicer of your loan, not the owner), you must beware that MOST of these institutions do not deal with you, the homeowner in good faith. Every time I see the news media covering some ridiculous thing they call “reporting” of the facts, fair and balanced or whatever, what they “report” is that banks are hurting, the government is going to save the “people” from this mess and servicers are doing everything they can to help. Call this number, call that number and you’ll get help. Go to this government site, or that for more information… yadda yadda yadda.

Recoupment: A Powerful Claim in Foreclosure Defense

In the state of Florida, there is extensive established law that prevents summary judgment from being granted when there are outstanding issues of material fact. Johnson v. Boca Raton Community Hosp., Inc., 985 So.2d 141, Murphy v. Young Men’s Christian Association of Lake Wales, Inc., 974 So.2d 565. A “material fact,” for summary judgment purposes, is a fact that is essential to the resolution of the legal questions raised in the case, Continental Concrete, Inc. v. Lakes at La Paz III Ltd. Partnership, 758 So.2d 1214.

HAMP NPV Analysis Service – Results Remarkable

The simple truth was and is that I was excited about the prospect of making the REST Report available to homeowners. I’d worked for ten months to make it available, and it was ten months with a front row seat to the ongoing tragic scene that has become the foreclosure crisis. (And look… it’s working even better than I thought it would, so what would you do in my position, sit quietly?)

New HAMP NPV Analysis Service – Prove the Servicer Wrong!

For over a year I’ve known that the crux of the issue for homeowners trying to get a Loan Modification under the federal government’s HAMP program has been the shrouded mystery of the NPV Analysis. The Net Present Value (NPV) calculation is the KEY component of determining whether or not the homeowner gets a trial, and ultimately, a permanent loan modification under the HAMP program. That mystery is now GONE!!

Housing Market Sure to Double-Dip

The US housing market will face another retreat while mortgage-backed securities and Treasurys are likely to go through a “material” correction, Meredith Whitney, CEO of Meredith Whitney Advisory Group, told CNBC Tuesday.

Let the In-Fighting Begin… HUGE case for Florida Homeowners

Fresh off the press of the 2nd District Court of Appeals, today the 2nd DCA issued a stunning shot across the bow of US financial institutions by reversing a trial court’s decision to grant summary judgment in favor of US Bank, NA.

THE $49,000 ORDER IMPOSING SANCTION ON FORECLOSURE MILL

I am going to post more on this later and include some additional information that illustrates how these guys still do not get it, but for now, I wanted to make sure that every one of you had this Order right away.
ORDER+HSBC+v+ANTONIO+DEFREITAS

I cannot count the number of times I’ve shown up for hearings only to [...]

CASE LAW UPDATE-Another Sure Fire Way to Defeat Summary Judgment

I had my back up against a wall going into a summary judgment hearing yesterday because my client had been convinced by the lender that he should ignore me and stop working with his attorney to try and protect his case.  The lender assured him that they would work things out so [...]

THIS MAKES ME SO ANGRY I CAN’T STAND IT- Transcript that details a “Rocket Docket” (Foreclosure Gas Chamber)

For those of you, especially those in the press, that have been asking what a Rocket Docket is and what the problems with the Rocket Docket are, I want you to read the attached transcript which was just released from a “hearing” held in Palm Beach County.
The transcript lays out the problem- a huge foreclosure [...]

WHERE IS THE OUTRAGE? WHERE IS THE FURY? WHERE IS THE PRESS?

Whenever anyone’s substantive rights are being destroyed, we all need to be concerned, very concerned.  The stories below present, in terrifying detail, a phenomena that is occurring all across this state.  Basic, fundamental and key Constitutional Rights are being trampled upon. Forget for just a moment about the “minor” violations that are occurring in foreclosure [...]