Foreclosure Archives - Page 8 of 19

Foreclosure Nightmare! Could this Happen to you?

Posted on September 24, 2013by Admin

An Altadena family who had been paying their mortgage on time following a loan modification they received from Ocwen Financial Corporation had their house literally sold out from under them. The unsuspecting family said that they first received a call and later a letter notifying them Ocwen had sold their loan to Nationstar Mortgage. Shortly after, they received a knock on the door telling them they had two weeks to leave their house because a company called Sage Equities had bought their home in foreclosure.

Stunned, the Sinclair’s contested that they had always paid their mortgage on time, in full, and had the documentation to prove it. But in June, after their first payment to Nationstar, the mortgage company sent a check back to them for the full amount. The family said they attempted to figure out why Nationstar was not taking their payment, but never received an answer and continued making their scheduled payments each month. What’s more interesting, Nationstar continued collecting their money, even as the Sinclair’s were repeatedly told by Sage Equities they had to leave their house.

After repeated attempts made by the Sinclair family to resolve this, a Nationstar representative finally gave them a reason for the foreclosure over the phone. They said they did not notarize one paper of the modification, when in fact they did. Following the confusion, Nationstar released the following statement: “We are very sorry for the situation Mr. Sinclair was in, and we deeply regret the difficulty he experienced. As a result of KABC bringing this situation to our attention, we were able to expedite our review and take two importation steps. First, we have rescinded the sale of the home, which means Mr. Sinclair will not have to leave his house. Second, we are going to honor the previous loan modification that was put in place.”

Unfortunately today, banks are foreclosing in ways that circumvent the law, taking a variety of shortcuts that place homeowners at a disadvantage. If this happens to you, consult an experienced foreclosure defense attorney and speak with your bank immediately. Fortunately for the Sinclair’s, they were able to stay in their home. But they say that it does not make up for the terrible experience they endured.

Click here to read more on this foreclosure nightmare.

Choosing the right attorney can make the difference between whether or not you can keep your home. A well-qualified Miami foreclosure defense attorney will not only help you keep your home, but they will be able to negotiate a loan that has payments you can afford. Miami foreclosure defense attorney Timothy Kingcade has helped many facing foreclosure alleviate their stress by letting them stay in their homes for at least another year, allowing them to re-organize their lives. If you have any questions on the topic of foreclosure please feel free to contact me at (305) 285-9100. You can also find useful consumer information on the Kingcade & Garcia website at www.miamibankruptcy.com.

Dina Lohan Facing Foreclosure

Posted on September 23, 2013by Admin

Troubled mom of actress Lindsay Lohan is about to lose her home according to the Long Island Press. Lender JPMorgan Chase filed new court papers on August 28 to foreclose on her $1.3 million Merrick house. Court documents read, Dina “has failed to comply with the conditions of the mortgage by failing to pay portions of principal, interest or taxes, assessments, water rates, insurance premiums, escrow and/or other charges.”

This is not the first time the bank has been after Lohan’s home. According to court documents obtained by TMZ, JPMorgan Chase Bank filed documents in 2010 to foreclose on Dina’s Long Island home because she had fallen behind on payments. That time the bank ended up cutting a deal in which Dina agreed to a new payment plan that would prevent her home from being auctioned off. Sources close to Lindsay claim that she made Dina’s payments and then supplied her with more bailout money- $40,000.

Click here to read more on the latest drama surrounding Dina Lohan facing foreclosure.

Foreclosures, Timothy Kingcade Posts

Perpetrators of Online Foreclosure Rescue Scam Sentenced

Posted on September 19, 2013by Admin

Mark Farhood and Jason Sant each pleaded guilty to conspiracy charges for operating a national online foreclosure rescue scam that deceived hundreds of distressed homeowners into surrendering their properties. U.S. District Judge Anthony J. Trenga from the Eastern District of Virginia sentenced Farhood to 11 years in prison and Sant to six years in prison. Each defendant was also ordered to forfeit approximately $2 million in fraud proceeds to the government, along with various bank accounts and other assets.

According to court documents, the conspirators co-owned Home Advocate Trustees, which also went by the names Walk Away Today, First Equity Trustees, Home Security Consultants, Sell Fast USA, Short Sale Buyer, USA Sell House Fast and USA Rental Housing. The defendants marketed the businesses nationwide as “purchasers of distressed real estate” to help vulnerable homeowners avoid foreclosure and the negative effects this could have on their credit scores.

The companies told homeowners they could negotiate with lenders to purchase mortgage notes at a discount and falsely claimed to be in business for 17 years. They also claimed they had a 90% success rate in obtaining these notes and claimed to be the nation’s largest volume buyer of short-sale and overleveraged real estate.

However, the defendants admitted in court that negotiations with lenders never occurred. They added that the scheme was a way for them to claim hundreds of residential properties at basically no cost and then reap millions of dollars in profits by renting the homes to unsuspecting tenants.

In addition, as part of the scam, the operators submitted fraudulent loan modification applications to lenders under the Treasury Department’s Making Home Affordable Program in the name of the homeowners without their consent. These inaccurate applications were meant to delay the lenders from foreclosing on the properties, which allowed the scammers to maximize the time period during which they could collect rental income from unsuspecting tenants.

Click here to read more about the online foreclosure rescue scam.

Foreclosures, Timothy Kingcade Posts

Five Mortgage Scams to watch out for

Posted on September 12, 2013by Admin

Thousands of homeowners are tricked into mortgage scams each year and con artists do not have to look hard for victims. Most of the victims reach out to scammers themselves online. Instead of finding help to their mortgage woes through an Internet search, they find a scam. The sluggish economy and slow recovering housing market have created the perfect environment for mortgage scams.

Below are five mortgage scams to watch out for:

1.) A theft in-‘deed’. This scam lures struggling homeowners in by promising them better interest rates and lower mortgage payments. The borrower is then asked to sign supposed mortgage papers. One of the pages in the large stack of documents is a deed that once signed, transfers ownership of the property to the perpetrator.

2.) Phantom of the loan modification. NEVER pay upfront fees for a loan modification. Despite numerous warnings and educational campaigns warning homeowners of this, scam stories of borrowers who paid $1,000 to $5,000 for a loan modification, but received nothing in exchange are widespread.

3.) Your mortgage has been sold- NOT! Banks often buy and sell residential mortgages, and con artists take advantage of that. They create fake companies, pretend they are the new owners of your loan and take your payments until you figure out it’s a scam. Most unsuspecting victims do not learn about the mortgage scam until their actual lender notifies them that their mortgage is in default. To be on the safe side, contact your servicer and double check that your loan was sold to another company before blindly making payments to a new company- even if the letter you receive appears legitimate.

4.) Steer clear of reverse mortgage scams. Elderly homeowners are easy targets for con artists. They are also more likely to have equity in their homes. Reverse mortgages allow homeowners who are 62 or older to borrow against the equity in their homes without having to make monthly mortgage payments. Normally, the scammer wants to steal the equity in the home or use the senior citizens as straw buyers and borrowers. Another scam involves, a con artist recruiting an innocent senior to be the ‘fall guy’ in the fraud. The scammers buy a distressed property then manipulate the senior into signing the deed, taking ownership of the house. Once the house is in the senior’s name, the scammers use an inflated appraisal to get a reverse mortgage. They steal the money, and the senior and the lender get stuck with the loss.

5.) Avoid lease/buy-back agreements. Thanks to public records, con artists in many states know when a home is in foreclosure. Once they identify distressed borrowers, they persuade them to sign a quitclaim deed, which transfers the property ownership into a land trust. In lease/buy-back mortgage scams, the perpetrator promises the deed transfer is temporary and you will be able to rent the home from the new owners and eventually repurchase the home after you get back on your feet. Depending on how much you owe on the home, the scammer may simply collect the rent from you and let the bank evict you and sell the house themselves.

Click here to read more on the top five mortgage scams.

Foreclosures, Timothy Kingcade Posts

South Beach Hot Spot Foreclosed on this Month

Posted on May 28, 2013by Admin

A final judgment of foreclosure has been entered against the Shore Club on Collins Ave. in Miami Beach. The once local hot spot and celebrity hangout has struggled to regain its financial footing since the recession. It is reported that more than $164 million is owed on the property. An online sale of the 309-room hotel has been set for June 25, 2013.

Morgans Hotel Group, which operates the Shore Club as well as the Delano and Mondrian in South Beach, released a statement saying that it “remains committed to managing the hotel to the standards our guests have come to expect.”

Click here to read more about the Shore Club being foreclosed on this month.

Foreclosures, Timothy Kingcade Posts

Extension of HARP Means More Time to Refinance!

Posted on May 9, 2013by Admin

A two-year extension has been allotted for the government-sponsored Home Affordable Refinance Program (HARP). This is great news for underwater homeowners! HARP was set to expire at the end of 2013; however, according to the Housing Finance Agency, it will now extend through 2015 giving underwater homeowners more time to refinance.

By qualifying for HARP, underwater homeowners can expect to see their mortgage rates drop to as low as 4 percent. During the fourth quarter of 2012, 39.6 percent of mortgages in South Florida were worth less than what was owed. Although this number was down from 47 percent a year ago, this is still much higher than the national average. Not only are underwater homeowners at risk of foreclosure, they also cannot sell their property without bringing thousands of dollars to the closing table. According to the FHFA Acting Director, more than two million homeowners have refinanced through HARP. This program not only benefits homeowners, it benefits taxpayers and mortgage companies such as Fannie Mae and Freddie Mac.

According to the FHFA, in January 56 percent of Florida’s refinances were through HARP. The agency is planning a national campaign to educate homeowners on the program and how they can take advantage of it before it ends in 2015. In order to qualify, a homeowner’s mortgage must have been sold to Fannie Mae or Freddie Mac before May 31, 2009 and the loan-to-value ratios must be greater than 80 percent.

Click here to read more about the extension of HARP.

http://www.sun-sentinel.com/business/fl-harp-extension-20130427,0,1882210.story

Foreclosures, Timothy Kingcade Posts

Foreclosures are Returning to Pre-Recession Levels

Posted on April 26, 2013by Admin

The foreclosure filing rate has been dropping to levels not seen since before the housing market crashed in 2008. These include notices of default, scheduled auctions and bank repossessions. During the first quarter, the levels fell 23 percent from 2012. This is the lowest level since the second quarter of 2007. During March, the banks repossessed fewer than 44,000 homes, compared with September 2010 when the banks repossessed 100,000. RealtyTrac Vice President, Daren Blomquist said he expects to be back to normal foreclosure levels by 2014.

Foreclosure rates have been declining for the past couple of years because homeowners have been seeking alternatives such as filing for bankruptcy or a short sale. Government programs such as the Home Affordable Modification Program (HAMP) and the Home Affordable Refinance Program (HARP) have also helped homeowners avoid foreclosure. The $25 billion settlement deal between federal officials and the five largest mortgage lenders have also pushed the banks to agree to help struggling homeowners. As a result, the largest percentage of the foreclosure activity in the country is occurring in areas that are suffering severe economic problems and no longer in mid to upper-class neighborhoods. Many Americans who are now dealing with foreclosure are those who have recently been laid off or filed for divorce from their spouse.

Click here to read more on foreclosures returning to pre-recession levels.

Credit, Foreclosures, Timothy Kingcade Posts

3 Reasons the Housing Market Recovery Might Not Last

Posted on April 23, 2013by Admin

The housing market has made a big comeback this year! Home prices have increased approximately 8 percent and interest rates have hit record-lows. However, some experts worry that the housing market will crash just as quickly as it has surged.

Below are three main reasons industry experts worry the recovery might not last.

1. Investors are leading the housing market recovery. Investors have been taking advantage of low interest rates by buying up a huge portion of the real estate inventory. However, when prices begin to rise, economists believe that investors will likely pull back. Many believe an investor-driven boom led to the original housing bubble.

2. The economic recovery is not strong enough, yet. There are many factors within the economy that can still hurt the housing market, such as employment. After gaining some momentum during 2012, the job market has been showing signs of weakness in recent months. Once the job market picks up, the housing market should gain some strength.

3. Government cuts will hurt homeowners. The housing market recovery will be greatly affected by the $85 billion worth government spending cuts. The cuts include unpaid days off for federal workers, cuts in unemployment compensation and decreased military spending. All of which will lead to job and income losses.

Click here to read more on the three reasons why the housing market recovery might not last.

Credit, Foreclosures, Timothy Kingcade Posts

Postcard Alerts of Foreclosure Cash Could Be Ignored

Posted on April 19, 2013by Admin

Beginning this month, hundreds of thousands of Floridians are expected to receive foreclosure-restitution checks through federal agreements with banks. The fear is that the letters might be mistaken for a scam or junk mail and will be thrown out. It is estimated that approximately $3.6 billion will be awarded to 4.2 homeowners nationwide who were facing foreclosure in 2009 and 2010. Those who are eligible for the cash should have received a postcard in late March alerting them that they would be receiving a check worth between $250 and $125,000. The postcards were sent out by Minneapolis-based Rust Consulting, the firm contracted by federal regulators to disburse the checks. Homeowners have been wary of the postcards and checks due to already being overwhelmed with foreclosure-related mailings.

The Office of the Comptroller of the Currency offered agreements with 13 financial institutions to compensate for foreclosure-related abuses and replace the Independent Foreclosure Review. Homeowners were asked to apply to have their foreclosure inspected and receive compensation based on the findings. However, few people signed up for the review. In November of last year, approximately 3.8 percent of Floridians who were sent letters about the program had applied. This proves that homeowners are so uneasy about anything foreclosure-related, they are willing to miss out on compensation for foreclosure abuse.

Click here to read more about the postcard alerts of foreclosure checks being sent to Floridians throughout the month of April.