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Bankruptcy Law, Debt Relief, Foreclosures, Timothy Kingcade Posts

Foreclosure Prevention Unknown After HAMP Expires

Posted on February 1, 2017by Admin

At the end of last month HAMP (The Home Affordable Modification Program) expired and Republican-led Washington has no intention of replacing it. So now it will be up to the private sector to address the lingering issues brought on by the financial crisis.

Banks and mortgage lenders say they are ready to step in with their own foreclosure-prevention programs, modeled on what they learned from the Obama administration’s effort. However, housing advocates are skeptical, as HAMP had its shortcomings. The program fell far short of the administration’s goals.

Specifically, banks and servicers routinely ignored the rules, consistently rejected eligible homeowners, processed applications at a snail’s pace and foreclosed on homeowners even when they made their modified payments on time, according to a series of audit reports for the Troubled Asset Relief Program.

Approximately 70 percent of those who applied for the loan modifications were turned down. Nearly 14 million homes went into foreclosure, according to ATTOM Data Solutions, which tracks foreclosure filings.

Even though the housing market has stabilized, the rate of delinquencies is at its lowest point since 2007, and home prices have risen in many places, there will always be homeowners and families in trouble because of job loss, illness and other unforeseen setbacks.

Click here to read more on this story.

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.

Foreclosures, Timothy Kingcade Posts

Trump’s Treasury Pick Accused of Foreclosure Heartbreak Stories

Posted on January 27, 2017by Admin

After President Trump announced his Treasury Secretary nominee, Steven Mnuchin, a wave of California homeowners came forward with allegations that OneWest Bank actively steered them away from making timely mortgage payments to qualify for federal loan assistance that never came. Borrowers claim the fraudulent activity occurred under the leadership of Mnuchin.

The accusations center around the government program called the Home Affordable Modification Program (HAMP), which was launched at during the 2009 financial crisis. Under the program, eligible borrowers could receive new, lower payments and the banks that took part would also receive government incentive payments.

“They (OneWest) hired people who didn’t know what they were doing and some bad information was being given out,” a source who was familiar with OneWest’s foreclosure procedures at the time told CNN.

CNN spoke to seven OneWest borrowers who all had similar stories about being advised to purposely miss payments in order to qualify for the HAMP program.

Mnuchin testified at his confirmation hearing where he defended his time as a bank executive and his work in the private sector. However, the Democrats were not buying it, dubbing him the “Foreclosure King.”

Related Resources:

http://thehill.com/policy/finance/315143-mnuchin-emerges-from-confirmation-hearing-intact

http://money.cnn.com/2017/01/19/news/mnuchin-onewest-foreclosure/

Foreclosures, Timothy Kingcade Posts

HAMP Being Replaced with New Foreclosure Prevention Program, Flex Modification

Posted on January 11, 2017by Admin

Fannie Mae and Freddie Mac have announced their replacement for the Home Affordable Modification Program (HAMP). The Flex Modification foreclosure prevention program is designed to help families stay in their homes by offering reductions on their monthly mortgage payments.

“The new Flex Modification announced by Fannie Mae and Freddie Mac (the Enterprises) today was designed based on lessons learned from crisis-era loan modification programs to help borrowers stay in their homes and avoid foreclosures whenever possible,” the FHFA said in a statement.

The Flex Modification also reflects input received over the course of extensive engagement with lenders, mortgage insurers, consumer advocates, and other stakeholders, the statement adds. The FHFA believes that by avoiding the high costs associated with foreclosures, Flex Modification will result in significant savings for the Enterprises and taxpayers, while borrowers facing financial hardships can obtain a sustainable modification.

The new modification will replace the current Fannie Mae Standard and Streamlined Modification offerings on and after Oct. 1, 2017.

Click here to read more on this story.

Bankruptcy Law, Debt Relief, Foreclosures, Timothy Kingcade Posts

With Foreclosures on the Decline, Loan Modifications Increase

Posted on September 20, 2016by Admin

HOPE NOW, a private alliance of mortgage servicers, investors, mortgage insurers and non-profit counselors, has released its July 2016 loan modification data. It stated for the month of July that total non-foreclosure solutions (i.e. – the combination of total loan modifications, short sales, deeds in lieu and workout plans) were approximately 112,000. This compares to approximately 25,000 completed foreclosure sales for the month- a ratio of more than four mortgage solutions for every foreclosure sale.

The report states that approximately 5,700 short sales were completed in July 2016 compared to 6,300 in the month prior. This represents a decrease of approximately 10 percent. Short sales were reported to have approximately 5,700 completed in July 2016 in contrast to 7,700 in July 2015, a decrease of 26 percent.

The report also included an estimated 35,000 permanent loan modifications completed in July 2016, compared to 34,000 in July 2015. This was a reported increase of approximately 3 percent. This total includes modifications completed under both proprietary programs and the government’s Home Affordable Modification Program (HAMP).

Of the permanent loan modifications completed in the month of July, the report shows that an estimated 23,000 were through proprietary programs and 12,081 were completed through HAMP. In addition, of the 23,000 proprietary modifications completed in July, 46 percent (or 10,437), reduced the monthly principal and interest payment by 10 percent or more.

Foreclosure starts reduced 5 percent month over month to approximately 51,000 in July from 54,000 in June. Additionally, foreclosure sales were reportedly about 25,000 in July from 29,000 in June. This was a decrease of 12 percent month over month. Likewise, foreclosure sales were approximately 25,000 in July 2016. This is compared to 28,000 in July 2015 which was a decrease of 9 percent.

While delinquencies continue to decline to “pre-crisis” levels and the data trends certainly suggest the market is recovering, there remains a portion of the population who still need assistance. These regions include: Florida, Georgia, New Jersey and California.

Click here to read more on this story.

Debt Relief, Foreclosures, Timothy Kingcade Posts

FHA’s New Guidelines Help Struggling Homeowners Remain in their Homes

Posted on August 31, 2016by Admin

New procedures put in place by the Federal Housing Administration (FHA) will help strengthen the process mortgage services currently use and help struggling families stay in their homes and avoid foreclosure.

The updated procedures will streamline the process servicers use to engage borrowers, specifically when evaluating them for the FHA-Home Affordable Modification Program (FHA-HAMP). These changes will reduce the number of steps that a servicer and borrower must take to resolve a delinquency and enter into a loss mitigation home retention product. In addition, FHA is removing certain obstacles that will allow servicers greater flexibility for evaluating an unemployed borrower for a special forbearance agreement.

Here is what homeowners need to know about the new provisions. Specifically, the FHA will:

Require servicers to convert successful 3-month trial modifications into permanent modifications within 60 days instead of the average four-to-six months;
Allow borrowers with three missed mortgage payments to qualify for a partial claim to bring their payments current versus the previous requirement for a minimum of four missed payments;
End the traditional stand-alone Loan Modification option so struggling borrowers can access the FHA-HAMP option, to receive payment relief quicker;
Eliminate the required 12-month term for FHA’s special forbearance option. This will allow servicers to offer this option to more unemployed households.

Related Resources:

www.fhfa.gov

https://rismedia.com/2016/08/28/fha-streamlines-process-to-help-delinquent-homeowners-stay-in-homes/

Foreclosures, Timothy Kingcade Posts

Obama Program that Hurt Homeowners and Helped Big Banks Comes to an End

Posted on January 6, 2016by Admin

The Home Affordable Modification Program (HAMP) promised to assist 3 to 4 million homeowners to modify their loans and avoid foreclosure. But nearly seven years later, less than 1 million borrowers have received assistance. In fact, nearly one in three re-defaulted after receiving their inadequate modification and 6 million families lost their homes during that same period.

HAMP’s failure essentially stemmed from its design. Rather than a cash-transfer program that hands vouchers to distressed borrowers so they can lower their mortgage payments, the government gave the money to the mortgage servicing companies, to encourage them to modify the loans.

So in the end, it’s the mortgage companies that decide whether or not to provide the aid. With servicers in control of modifications, they could manipulate the program to accumulate more bad debt on borrowers and extract a few extra payments before foreclosing.

Servicers make their money from a percentage of unpaid principal balance on a loan- so forgiving principal — the most successful type of loan modification — cuts into their profits. In addition, the mortgage servicers collect on all of the fees (i.e. – late fees, etc.), so in the end it makes it more profitable for them to keep the borrower delinquent.

70 percent of homeowners who applied for the program were turned down for a permanent modification, according to the Special Inspector General for the Troubled Asset Relief Program (SIGTARP). The government is also to blame, as it promised a $75 billion commitment to HAMP, and spent only $10.2 billion, with an additional $2 billion on related programs. Most of the spending came too late, after the initial years when the foreclosure crisis was at its worst.

In the most disturbing of revelations involving servicer misconduct, employees at Bank of America’s mortgage servicing unit testified in a class action lawsuit that they were told to lie to homeowners, deliberately misplace their documents, and deny loan modifications without explaining why. For their efforts, upper management rewarded them with bonuses, in the form of Target gift cards, for pushing borrowers into foreclosure.

Click here to read more on this 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.

Foreclosures, Timothy Kingcade Posts

Mitt Romney’s Foreclosure Plan Similar to Obama’s

Posted on October 5, 2012by Admin

Early in his campaign, Republican presidential candidate Mitt Romney stated his approach towards the foreclosure crisis as, “Let it run its course.” However, as the election gets closer, Romney has announced a new plan for the foreclosure crisis that is very similar to the plan already set in place by President Obama.
Romney’s plan is a four-part plan that he says will kick-start the economy:
• He plans to facilitate foreclosure alternatives for homeowners who cannot pay their mortgage. This part of his plan would involve short sales and deeds in lieu, which is very similar to Obama’s HAMP and HARP programs.
• He plans to shut down Fannie Mae and Freddie Mac, which the Obama administration started slowly doing last year.
• He plans to encourage the 200,000 government-owned foreclosures to be sold. The Obama administration has already put a pilot program in place to begin selling these foreclosed properties and has successfully sold a few thousand.
• The biggest difference between the two administrations is that Romney plans to take a different approach at streamlining mortgage regulations so that it is easier for taxpayers to be approved for a loan.
To read more on this story visit: http://www.sfgate.com/realestate/article/Romney-s-foreclosure-plans-echo-Obama-s-3863974.php#page-2
Choosing the right attorney can make the difference between whether or not you can keep your home. A well-qualified attorney will not only help you keep your home, but they will be able to negotiate a loan that has payments you can afford. 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, P.A. website at www.miamibankruptcy.com.