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Archive for the ‘Stop & Prevent Foreclosure’ Category




Long Island short sales offer homeowners an alternative to foreclosure

Wednesday, June 23rd, 2010
Given the growing numbers of homeowners struggling to save their homes from foreclosure, it’s not surprising to find Long Island short sales on the rise. But many Long Island homeowners have no idea what a short sale is. One of the main reasons why you need to know is because short sales have a much less damaging effect on a Long Island homeowner’s credit than does a foreclosure.
 
A short sale in Long Island occurs when the proceeds from the sale of a home fall “short” of what the homeowner owes on the mortgage. The homeowner’s mortgage company agrees to accept less than the loan’s full principal balance at settlement.
Not all lenders will agree to short sales. But there are many circumstances where short sales make sense for the lender to accept because the Long Island homeowner can pay off the loan for less than what they own and the lender can avoid a costly, time-intensive foreclosure. In today’s mortgage climate, an increasing number of lenders have become more willing to negotiate short sales. The Obama adminstration’s efforts to help struggling homeowners have also improved chances of getting your Long Island short sale approved.
One or more of the following must apply to your situation in order to qualify for a short sale:
 
  • - Financial hardship – Serious financial circumstances leave you unable to afford your mortgage.
  • - Monthly income shortfall –You cannot afford or soon will not be able to afford your mortgage.
  • - Insolvency – You do not have the liquid assets that would allow you to pay down your mortgage.
 
Because of a Long Island short sale’s complicated process, seeking legal expertise can make a big impact on your ability to get approved for a short sale on Long Island as well to negotiate terms of the short sale best suited for your situation and needs. Obtaining legal counsel on your Long Island short sale gives you logic-driven and legal-driven advice on your specific financial, tax and legal consequences despite the emotional sensitivity of being on the brink of foreclosure and bankruptcy.
 
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How long will a Long Island loan modification take to process?

Monday, June 14th, 2010
Many variables go into the complicated process of finalizing your Long Island mortgage modification. Given the process’ complexity and an increase in loan modification requests, you must exercise patience. Our experience with loan modifications says plan for a month or more until your mortgage holder completes your Long Island loan modification.
 
In case you are unfamiliar with loan modification, also called mortgage modification, let’s revisit its definition. A loan modification is a permanent change in one or more of the terms of your Long Island mortgage in order to achieve a payment you can afford and avoid foreclosure. Working along side an attorney with expertise in Long Island mortgage modification can keep the loan modification processes moving forward in speed and in the right direction for your specific needs. Our attorneys can work with you to quickly assess if you are eligible for a mortgage modification in the first place.
 
If you qualify, the necessary legal documents can then be completed and compiled accurately in order to efficiently move your loan modification into the processing stages without errors. If you don’t know what questions to ask your lender, what documents to complete, what information to share and how best to characterize that information, your loan modification process can slow significantly.
 
Patience with mortgage modification is a must since no guaranteed processing time exists and every Long Island homeowner’s situation differs. The length of time it takes to obtain a loan modification depends on your lender, how long it takes you to provide the information required, and how severe your financial troubles are surrounding your Long Island mortgage.
 
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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.




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.

 

Foreclosure: Prevention and Management

Wednesday, February 25th, 2009

 

 

Facing foreclosure can be a terrifyingly confusing time. You are filled with doubts, not the least of which is where you and your family will live, and how you can possibly make it after the process is complete. This is a normal reaction, but not a particularly helpful one. If you are facing foreclosure, the most important thing to do is to step back, take a deep breath, and not panic. Even after the foreclosure process starts you still have multiple options open to you- you can probably still save your house. This, however, will be impossible if you do not know exactly where you stand and what courses of action are still open to you. Making a poor decision based on fear or ignorance can be fatal to your cause, so here are a few basic things to remember if you are in this unfortunate (but not intractable) situation.

The most important thing that you can due to improve your chances is to know exactly what your options are, and what the laws in your state regarding foreclosure allow. There cannot be enough emphasis placed on the importance of hiring an attorney with foreclosure experience in your area to both educate you, as well as advocate for you. Since the laws regarding foreclosure differ from state to state (you have different options in Suffolk County Long Island than you do in Broward County in Florida) it is imperative that your counsel is local. Once you speak with your foreclosure lawyer you will have a real, accurate picture of your situation and hopefully some much needed peace of mind.

Another way to improve your situation is to under no circumstances stop making mortgage payments. You are being foreclosed on because you are behind on your payments and the bank has felt the need to take extraordinary action. It is not the end of the process. Chances are that if you keep yourself in a position to have negotiating power with your creditor, the overall outcome of the process will be much more palatable.

You should also never fail to communicate with your creditor. Unless they are a loan shark, they will not yell at you or threaten you unduly. One of the biggest mistakes that people make is to avoid communication to avoid further pain, or to avoid making the situation worse. The quickest way to deteriorate your standing in the foreclosure process is to try to disappear.

Almost equally important as hiring a qualified foreclosure attorney is to not lose hope. There is almost always another option or opportunity to mitigate your losses and begin improving your life. It is also important to remember that the bank does not want your house- they want to recoup the money that they lent to you. Having to deal with taking your house is something that they will take pains to avoid- it makes the process of recovering the money they are owed much more complicated and uncomfortable. Keeping this fact in mind will help you retain hope and continue to look for solutions.

The foreclosure process can be fraught with peril if you approach it the wrong way. Not only is it scary and confounding, but there are also unscrupulous people and scam artists that will try to take advantage of your uncertainty. If, however, you retain competent and knowledgeable counsel, understand your options, and keep your chin up, you can still help yourself attain a positive outcome.

 

 

Stampeding Toward Foreclosure

Monday, February 23rd, 2009

 

 

Some fears regarding the general welfare of the economy and consumer confidence were somewhat eased by the relatively high shopper turnout on Black Friday. Crowds were so large at a Long Island Wal-Mart that an employee was trampled to death when the thousands of shoppers thronged outside broke the doors and rushed in. While shoppers did not spend as much as they have in past years, retailers were reportedly pleased with what was a solid shopping day, and relieved that the gloomiest forecasts did not come to pass. Strong consumer spending, on the surface, bodes well for the economy as a whole. One question that ought to be asked, however, is what impact this allocation of scarce funds toward holiday shopping will have in the following months.

 

The preceding months have brought us story after story of middle class Americans struggling to remain economically viable and avoid financial ruin. Money is scarce for families all around the nation and the percentage of households struggling just to make ends meet has skyrocketed. The recent decrease in both gasoline and home heating oil prices has created a very positive economic boost for many. Money that even a month ago had to go straight in to commuters’ gas tanks can now go into cash registers around the country. However, the rapid fluctuations in the price of crude oil that have occurred recently must, if we are to be responsible members of this economic community, give rise to doubts that the price relief will last. If crude oil were again to rise past the $150 dollar mark, the retail spending increase would instantly be null.

Even with gas prices at a level that is more comfortable for consumers, families are still making sacrifices. A recent news story described the efforts of some parent’s groups to petition toymakers to cut back on advertising, as many parents cannot afford to keep up with their children’s demands. The parent’s group’s complaints to the toymakers stem from the self described inability of parents to sacrifice their children’s holiday wishes. One parent even went so far as to say that she would commit crimes to give her child a toy that he wanted. With so many parents unwilling or unable to cut back on spending for their children, money must be reallocated within the family budget. Money set aside for mortgage payments will likely find its way into toy store coffers this month, and the result will likely be a spike in home foreclosures in January and February.

 

The economic stimulus of the Holiday season will, at least in the short term, give a much-needed boost to the economy at large. Retailers will hopefully be able to earn enough to get them through the winter without too many store closures. Where the funds that make this possible come from, however, could make for an even more challenging economic climate in the coming months. Concerns about the source of newfound spending money are valid, and should not be ignored. If these assumptions about where the stampeding Wal-Mart crowd got its money pan out, Nassau County foreclosure attorneys are going to have a busy winter.

 

 

Sell it! A Way of Preventing Foreclosure

Friday, February 13th, 2009

With the holiday season nearly behind us, the news concerning retail sales- considered a health indicator of the economy- is grim. In fact, it could actually be stated that retail sales were predictably stale. Americans have financially battened down the hatches. First, there were the outrageous gas prices that hit hard. We learned quickly to restrict our energy consumption as a result. Gas prices are now exceptionally low, and we are retaining that frugal and conservative state of mind. Grocery prices went up, so we learned how to make food go further. There are plenty more examples demonstrating the ways Americans have changed their views on money. In fact, the most significant adjustment we have made is that we have begun selling ourselves- literally.

With the holiday season nearly behind us, the news concerning retail sales- considered a health indicator of the economy- is grim. In fact, it could actually be stated that retail sales were predictably stale. Americans have financially battened down the hatches. First, there were the outrageous gas prices that hit hard. We learned quickly to restrict our energy consumption as a result. Gas prices are now exceptionally low, and we are retaining that frugal and conservative state of mind. Grocery prices went up, so we learned how to make food go further. There are plenty more examples demonstrating the ways Americans have changed their views on money. In fact, the most significant adjustment we have made is that we have begun selling ourselves- literally.

 

This trend of selling is blazing a widespread path across the country. Online auction sales are up by record numbers as people race to raise needed cash. Postings for items for sale on sites such as Craigslist have exploded, and even items in states of disrepair are being bought and sold every day. Sites that list items for free have experienced growth in listings and new members that was entirely unplanned for. Companies are selling stock. Luxury items such as paintings and gold are suddenly not as luxurious to Americans as the cash value of those items. Women have flocked to Las Vegas for employment in brothels. Participants in lab or medical experiments are on the rise, as are donors of eggs, plasma, blood, and sperm. Already busy families are starting businesses or finding other means of procuring additional income streams. A story even surfaced recently of an elderly woman selling vegetables from her indoor gardens as a means of preventing foreclosure on a Nassau County home. In summary, we are selling our possessions, our bodies, and our time.

 

Selling on this level is fairly new for Americans. Categorically, we all possess copious amounts of unneeded, unused, and unnecessary belongings. So why not liquidate them? Those items you’ve had in storage but not touched in years? Sell them. That little-used extra car, boat, or other recreational vehicle? Sell it. An attic or basement full of yard sale worthy items? Liquidate them. It might be difficult at first, but ridding yourself of things that you don’t need or use can be exhilarating. Furthermore, you may be helping someone immensely by offering them your used item at a lesser price than one would have to pay for it new. These lessons are hard ones to learn because we are accustomed to living such decadent lives. However, there is a feeling of empowerment that develops when one conserves, reduces, recycles, reuses, and refuses things that one simply does not need. Being self-sufficient is something to be proud of.

 

So why not make selling a part of your New Year’s resolution? All those items you have cluttering your house, your garages, barns, and closets, may just bring peace of mind in the form of a cash infusion. To supplement this, you will most likely find that getting organized and cleaning things up will help you to concentrate on what is really important- the health of you and your family. This means your emotional, physical, and your financial health.

 

Stopping & Preventing Foreclosure: A 2009 Money Resolution

Sunday, February 8th, 2009

Every January, as we begin a new year, we also begin a new period of change. Many of us firmly set New Year’s resolutions for things like weight loss, smoking cessation, and perhaps to eat a more healthy diet. Sometimes we stick to these resolutions, and sometimes we don’t. In the coming year, however, we have unprecedented challenges ahead of us that will require dedication and a desire for genuine change on the part of everyday working Americans. So while it is important to resolve to better your physical and emotional health, it will also be vital to better your financial health. This is especially crucial for the many people that have sought the help of qualified foreclosure attorneys in Long Island. Often, foreclosure can be prevented, and by making some financial changes in the New Year and sticking to them, you may be able to avoid foreclosure altogether.

 

Part of your resolution plan should be to create a comprehensive budget. Be sure to include all of your expenses: the cost of entertainment, lunches and eating out, gifts for family and friends, clothing, salon appointments- all of these types of items often are not included in a person’s budget, and can account for a vast amount of money. Therefore, don’t just calculate the large items like mortgage payments and insurance. Sometimes, you might even find that those “little” expenses total up to more than some of the bigger ones.

 

Once you have accounted for every one of your expenses, the next step is to determine ways to reduce or eliminate those costs. For example, many people spend nearly one thousand dollars a year on their morning coffee. To spend several thousand each year eating out is also terribly common. These are two examples of expenses that can be easily reduced, or even eliminated outright. Another common way to reduce expenses is to refinance loans- especially mortgages, student loans, and auto loans. More favorable terms, decreased payments, and decreased interest rates are all ways to produce more disposable income. Consider contacting your credit card companies and negotiating for better terms and rates with them as well.

 

When finished, your budget will tell you how much disposable income you have available each month. That income can then be used to pay down high interest rate balances, or to pay off debts entirely. Apart from doing this, one of your primary money resolutions for 2009 should be to save money. Consult with a qualified financial advisor about ways to safely grow your money. The truth is that you work hard for your money, so it makes sense to make your money work for you by earning its own interest. Bonds, savings accounts, and CD’s are all great ways to save money for your future and that of your family.

Following these steps and sticking to this resolution for the coming year will set you well on your way to avoiding foreclosure, maintaining your credit, and preparing for your future. Happy New Year!

Prevent & Stop Long Island Foreclosure

Wednesday, February 4th, 2009

 

How Can I Prevent or Stop Foreclosure?

Foreclosure. The word alone conjures up ideations of dread and embarrassment. In this current financial crisis, however, it seems that there are none who are impervious to this unnerving new trend. In New York, for example, there was a reported 27.4% increase in Nassau County foreclosure filings just from the second quarter to the third, according to RealtyTrac, a foreclosed properties marketer. As a result of this, there are now a great many homes on Long Island that lay vacant, slowly slipping into various states of disrepair. Ten years ago the thought of vast numbers of foreclosures in one of America’s most desirable areas would have been considered nonsense. Nevertheless, Nassau County residents are no different in that they are feeling the strain of a national housing market gone haywire.

 

What is it that is causing all of these foreclosures, anyway? Well, the press has been fairly consistent and accurate in reporting that increases in Adjustable Rate Mortgages (ARM’s) and defaults on subprime home loans (which are already risky anyway) led to the current deluge of foreclosures. But if you dig deeper into the issue, you will see another major problem: homeowners were simply walking away from their property.

 

The real trouble started when the unprecedented housing boom began to collapse inward. Homes lost value so quickly that thousands of owners were left with a mortgage that was much greater than what the home was actually worth. For many, the solution has been foreclosure. However, there are a number of options available to homeowners who are facing a possible foreclosure. As with any situation of this magnitude, consulting with an expert such as a foreclosure attorney will provide you with valuable professional insight. If you find yourself in danger of foreclosure, consider the following:

 

In July of this year, President Bush signed into law the Hope for Homeowners Act. Under this act, homeowners can petition the federal government to buy their mortgage from their original lender with far more favorable terms. Likewise, a homeowner can refinance their current mortgage if they have sufficient equity, and possibly obtain a lower rate and payment. Other debts can be paid off when refinancing, so balances at high rates of interest like credit cards can be converted into the low-rate refinance. While either of these options can serve to enable a homeowner to avoid foreclosure, the fact remains that if the homeowner still cannot afford the monthly payment, then they are financially doomed unless they seek assistance and act quickly- there are still options available for even the most difficult financial situations.

 

In a case where the minimum monthly payment cannot be met, and the mortgage cannot be refinanced, selling the home may be a good option, especially if it can be sold at a profit. However, if a sale is not possible or even likely, a homeowner can offer a Deed in Lieu of Foreclosure. This is where the owner “sells” the home back to the lender. Any difference between what the mortgage is worth and what the home is sold for is forgiven by the lender. As an example, if the mortgage carries a balance of $100,000, but the home is only valued at or sold for $80,000, then the bank will forgive the $20,000 dollar difference. Because there are special rules to a Deed in Lieu of Foreclosure- such as the possibility that the forgiven balance may be considered taxable income- it is crucial to seek the advice of an experienced foreclosure attorney. Lenders agree to Deeds in Lieu of Foreclosure regularly, as this is a way to be rid of particularly risky loans that will cost more to collect on than to simply take as a small loss, comparatively speaking. But again, there are rules that must be adhered to, and you cannot possibly know them all yourself.

 

One way to buy time against a looming foreclosure is to ask for a forbearance or grace period on payment. When a homeowner is honest with a creditor, and advises them of financial difficulties, the lender is very likely to make concessions. Contrary to popular belief, it is in the best interest of the lender that your home not go into foreclosure. Mortgage companies grant payment “holidays”, forbearances, extended grace periods, and adjustments to existing mortgages to better enable a homeowner to avoid foreclosure. They do this constantly, so use it to your advantage.

 

Many people do not know that there may be public assistance available. Churches, State and Federal programs, charity organizations, and other forms of public assistance may help with anything from actually paying the mortgage payment to arranging for an attorney.

The final and most effective way to prevent a foreclosure is to file for bankruptcy protection. With many bankruptcies, the homeowner will retain their property and be allowed to begin anew, financially speaking. This is a very serious step, and one not to be considered lightly. Seek the professional advice of a bankruptcy attorney.
 
The Law Offices of Ronald. D. Weiss, P.C.

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