I’ve received a late payment notice from my bank, but I am on time with my mortgage payments. Can they legally foreclose on my home?

To foreclose on a property under existing Florida law, a lending institution must show not only a borrower’s default, but that the foreclosure is warranted under Florida’s laws of equity. If your lending institution cannot do this, they cannot foreclose on your mortgage. Lending agents will typically not start foreclosure proceedings ...

What information must a lender or creditor disclose?

When you are dealing with lenders or creditors, you have the right to a clear and accurate loan disclosure where important information pertaining to your loan or line of credit will be explained to you in an appropriate manner. The Truth in Lending Act (TILA) requires that all lenders and ...

What is HAMP and how does it affect foreclosure in Florida?

The federal government has responded to the increase of foreclosure in South Florida and across the nation by developing the Home Affordable Modification Program (HAMP) as part of the Making Home Affordable initiative. HAMP is a loan modification program designed to help homeowners with making their mortgage payments affordable ...

What can I do if my lender violated TILA?

There are several things you can do if a lender has violated the Truth in Lending Act (TILA), a federal law intended to protect borrowers and help them make informed decisions when dealing with lenders. It’s extremely important to be aware of your options as a borrower, specifically with regards ...

HAMP Eligibility Guidelines (Part A)

If you are one the many Florida homeowners having trouble making your mortgage payments, you should consult with a South Florida attorney with experience in foreclosure law to discuss the Home Affordable Modification Program (HAMP). The goal of this program is to provide homeowners a possible alternative to foreclosure. Eligibility Requirements ...

HAMP and Other Foreclosure Options

The government’s Home Affordable Modification Program (HAMP) is available to help you avoid foreclosure, but to apply, you must meet certain criteria. To find out if you meet the criteria, you can take the online test on the HAMP website. You will be asked the following 5 questions to help ...

Affordable Mortgages Under HAMP

If you have officially received approval for a loan modification under the Home Affordable Modification Program (HAMP), your loan servicer will make sure that your new monthly mortgage payment is no more than 31% of your monthly income. The strategies used to lower your mortgage payment under HAMP include the ...

Overview of the Foreclosure Process in Florida (Part A)

When a mortgagor, such as a bank or other lending institution, successfully forecloses on your property, that lender takes full ownership of the property. The process, however, cannot begin until you fail to make your mortgage payments. In Florida, a lender must use the judicial foreclosure process to seize a property ...

Fighting Your Florida Foreclosure Action

Once you have been served with a Foreclosure Summons, your options as a defaulting borrower become severely limited. Available options to avoid a Florida foreclosure may be further decreased by your particular situation. You can either accept the action and allow the lender to foreclose on your property, or you can ...

The Borrower’s Right to Redemption in Foreclosure Proceedings

Borrowers have one very important right they can exercise throughout the Florida foreclosure process, which is the right of redemption. Redemption is an equitable right that is intrinsic in all mortgages written in Florida. This is in addition to any other rights you are allowed to exercise as spelled ...

Citi Mortgage To Let Troubled Homeowners Stay for 6 Months

Citi Mortgage To Let Troubled Homeowners Stay for 6 Months By : The Associated Press Feb 11, 2010 Citigroup Inc. plans to let homeowners on the verge of foreclosure stay in their homes for six months — if they turn over the deed to their property. Citi said Thursday it is launching the pilot ...

Florida Supreme Court Adopts Foreclosure Mediation Rules

  Florida Supreme Court Adopts Foreclosure Mediation Rules From : the Associated Press, Feb 11, 2010 Lenders will be required to pick up the tab for investigating and verifying ownership before foreclosing Florida home mortgages under new mediation rules. The Florida Supreme Court adopted the rules Thursday in an effort ...

Options You Have to Help You Avoid Foreclosure

  Options you can take to help you avoid foreclosure Foreclosure has been one of the foremost topics within the real estate world in recent years, as each year more and more Americans are suffering from the inevitable prospect of an imminent foreclosure. Even with more than 20% of all U.S. homeowners being ...

Shocking statistic: 20% of all U.S. Homeowners are Underwater

Shocking statistic: 20% of all U.S. Homeowners are Underwater Information was released today which shows that nearly 1/5th of all homeowners in the United States actually owe more on their home than the house is currently worth in re-sale value.  This according to Zillow.com  Zillow reports that in the last quarter of ...

The advantages of Short Sales for those in desperate financial situations

The advantages of Short Sales for those in desperate financial situations Each year an increasing amount of homeowners are facing financial problems due to an unstable economic climate and sometimes new mortgages payments are just too high for homeowners to pay, so they’re looking for new alternatives to try and avoid ...

Why is a Foreclosure Defense Lawyer So Important?

Why is a foreclosure defense lawyer so important? Joe Sloboda, The Burgess Law Firm In today’s economic climate, more and more people are finding themselves in deep financial trouble. In 2009, there were an unbelievable 3 million+ foreclosures nationwide.   If you are suffering from money troubles and you’re faced with a potential ...

Falling behind on your FHA mortgage? Help may be on the way

Falling behind on your FHA mortgage?  Help may be on the way by : Joe Sloboda, Burgess Law Firm Across America millions of homeowners are trying to get their mortgages modified, many times these people are told that they need to "fall behind" or to be late on their payments before their ...

Almost 3 Million Homeowners Recieve Foreclosure Notices in 2009

Almost 3 Million Homeowners Recieve Foreclosure Notices in 2009 Joe Sloboda, Burgess Law Firm The amount of homeowners in the United States who received foreclosure notices in 2009 is staggering and reached a record ...

Banks may warm to idea of principle reductions

by John Gittelsohn and Prashant Gopal, Bloomberg News   Efforts by U.S. banks to help distressed homeowners have focused mainly on temporary fixes such as interest-rate reductions that may only put off the day of reckoning, despite policy makers ...

Foreclosure starting to take toll on prime borrowers

Foreclosure starting to take toll on prime borrowers by Kathleen M. Howley and Mike Dorning; Bloomberg News Jan. 4 (Bloomberg) -- Homeowners with the best credit are the next big risk for the U.S. housing market. An increase in mortgage defaults among prime borrowers in 2009 is likely to ...

Warning Signs of South Florida Foreclosure Scams

With the number of South Florida foreclosures rising, scam programs are multiplying. Many fraudulent organizations have been preying on the emotional distress many homeowners feel when facing foreclosure. Keep your eyes open for the following warning signs when considering a mortgage loan modification or foreclosure assistance: High ...

3 reasons home prices are heading lower

3 reasons home prices are heading lower By Les Christie, staff writerDecember 31, 2009: 6:36 AM ET   NEW YORK (CNNMoney.com) -- After four months of gains, home prices flattened in October. Worse yet, industry insiders think that they'll soon start to fall. Prices have risen more than 3% since May, according ...

Home Equity Loans – Not so easy anymore!

Home Equity Loans are just not so easy for homeowners anymore Originally Published by Adrain Sainz of the Associated Press Hocking the house for quick cash is a lot harder than it used to be, and it’s causing headaches for homeowners, banks and the economy. During the housing ...

Foreclosure plague slowing : Filings fall by 8%

The following article that was posted earlier in this month on cnnmoney.com speaks to the fact that in the month of November there was a decrease in foreclosure filings nationwide.  This does not necessarily hold true to South Florida.  And the questions still persists if this is a temporary lull ...

Report says homeowners whose loan payments are cut by 20 percent or more still falling behind

The following is a recent story that was published in the Fort Lauderdale Sun-Sentinel which talks about the recent studies that were released in a recent Government study which state that upwards of 40% of homeowners who recently had their mortgage payments cut by 20% or more found themselves back into ...

LOCAL INVESTORS SNAP UP APARTMENT COMPLEXES

In a sign that the tide may be turning in the Commercial Real Estate markets a recent article posted last Friday in the Daily Business Review talks about 2 purchase transactions that occured recently in the local South Florida markets.  We will continue to monitor the local news wires and ...

Citi’s holiday treat: No foreclosures for a month

 In a sign of the times, major banks like Citi are offering to "postpone" foreclosure filings for 30 days during the holiday season.  But not so fast, don't get too excited.  As we have come to always find out you need to read the fine print.  What Citi is actually ...

South Florida Luxury Home short sales are twice the national average

This is an article that was originally published Bloomberg that shows how the epidemic of Short Sales and Foreclosures is not only a problem for low to middle class families.  The problem is now running rampant with Upper Income Homeowners too.  In South Florida alone the percentage of "Luxury Homes" is ...

The Pre-Foreclosure Decision: Top 10 Questions to Talk Over with Your Attorney

This is a re-post from an article that appeared in a monthly newsletter for the Arizona Area of Realtors earlier this year.  What is so good about this article is that it clearly lists some very specific questions that every home owner should be asking when they are considering the decision ...

Fortune magazine says South Florida home prices could drop another 30% in 2010

Fortune magazine says South Florida home prices could drop another 30% in 2010 In a recent article released in their December 2009 issue, Forbes Magazine and Economy.com both say that home prices in South Florida (especially Palm Beach and Broward Counties) could drop by as much as 30% from current values ...

In a sign that more foreclosures could be on the horizon

This article, originally published on CNN Money gives excellent insight on how and why so many homes in the US are currently "under water" with regard to the value vs the amount owed to the mortgage lender.  Personally I believe that there is a direct relation between certain areas of ...

When to Contact a Foreclosure Defense Attorney?

Foreclosure Defense Article: How does one know when to contact a foreclosure defense attorney? You know your job is coming to an end. They’ve already announced the layoffs. You only have one month left to get another job, or go on unemployment. If you do take unemployment how much would the monthly ...

Justices debate mandatory mediation to ease crisis

November 5, 2009 Daily Business Review Authored by : Vanessa Blum The Florida Supreme Court was asked Wednesday to adopt statewide mandatory mediation for residential foreclosures to help judges manage the flood of filings clogging courthouses. The high court heard arguments on a task force report recommending mandatory mediation as part of a ...

Best Foreclosure Defense in Weston

The recession has hit the state of Florida hard. Currently the sunshine state ranks second from the top for foreclosure filings. The other states hit hard with foreclosures are: California, Michigan, Arizona and Nevada. For the best foreclosure defense in Weston give Burgess Law firm ...

Homeowner beware ! Make sure your mortgage modifier is licensed

South Florida Sun-Sentinel.com More than 16,100 mortgage modification complaints filed in past six months Mortgage modifiers must be licensed under new Florida law State regulators cracking down, with 83 active investigations Originally published By Diane C. Lade South Florida Sun Sentinel 6:38 PM EDT, August 26, 2009 Hundreds of people calling themselves "foreclosure rescue specialists," promising to ...

Hello Mr. President . . . Please send help on these mortgages !

Obama mortgage plan needs work Many borrowers are not getting help under president's modification or refinancing plan. Officials don't expect problems to be fixed until the fall. By Tami Luhby, CNNMoney.com senior writer Last Updated: July 8, 2009: 8:10 AM ET NEW YORK (CNNMoney.com) -- Mr. President, help us get one of your mortgage ...

Mortgage rates soar

Mortgage rates have been rising steadily over the last few weeks and if ever there was a time to "lock in" your rate then that it is NOW. With current CPI, PPI and Unemployment reports being surprising optimistic and the belief on Wall ...

Pending home sales rebounding

Pending home sales rebounding Number of signed sales contracts continues bounce off record lows for third consecutive month. By Les Christie CNNMoney.com staff writer Last Updated: June 2, 2009: 10:05 AM ET NEW YORK (CNNMoney.com) -- The number of home sales contracts signed in April continued to bouce back ...

Troubled mortgages hit record high

Troubled mortgages hit record high More than 616,000 homeowners were hit with foreclosure actions in the first 3 months of the year, the Mortgage Bankers Association reports. By Les Christie, CNNMoney.com staff writer Last Updated: May 28, 2009: 12:30 PM ET NEW YORK (CNNMoney.com) -- Despite all the hand-wringing ...

Renewed HOPE for Homeowners

Renewed HOPE for Homeowners Congress passed a bill amending HOPE for Homeowners that may make the program more useful. By Les Christie, CNNMoney.com staff writer Last Updated: May 20, 2009: 5:06 PM ET NEW YORK (CNNMoney.com) -- One of the biggest disappointments of the foreclosure prevention fight has been ...

Slow Start to U.S. Plan for Modifying Mortgages

May 14, 2009 Slow Start to U.S. Plan for Modifying Mortgages   By TARA SIEGEL BERNARD   The Obama administration’s plan to help millions of troubled homeowners avoid foreclosure by reducing the size of their mortgage payments is just getting off the ground. So ...

Foreclosures: ‘April was a shocker’

Foreclosures: 'April was a shocker' A record number of foreclosure filings took place during April, but the number of repossessions fell 11%. By Les Christie, CNNMoney.com staff writer Last Updated: May 13, 2009: 8:04 AM ET NEW YORK (CNNMoney.com) -- Foreclosures in April exceeded even March's blistering pace with ...

Home prices slide 14%

Home prices slide 14% National median home price falls a record 13.8% in first quarter of 2009, primarily because the market is flooded with lower-priced foreclosures and short sales. By Les Christie, CNNMoney.com staff writer Last Updated: May 12, 2009: 10:05 AM ET NEW YORK (CNNMoney.com) -- The steep ...

More than one in five homeowners underwater

Wed May 6, 2009 2:37am EDT NEW YORK, May 6 (Reuters) - Home values in the United States extended their fall in the first quarter, with more than one in five homeowners now owing more on their mortgages than their homes are worth, real estate website Zillow.com said on Wednesday. U.S. ...

5 tips on buying a foreclosed home

5 tips on buying a foreclosed home Sure, there are great real estate deals to be had, if you know what you're doing. By Amanda Gengler, Money magazine writer May 1, 2009: 6:17 AM ET (Money Magazine) -- 1. Finding one has become easier You don't need ...

Pending home sales jump 3.2%

Pending home sales jump 3.2% Buyers defy expectations with an increase in sales contracts signed during March. By Les Christie, CNNMoney.com staff writer Last Updated: May 4, 2009: 1:59 PM ET NEW YORK (CNNMoney.com) -- Is the housing meltdown ending? Pending home sales rose in March for the second consecutive ...

Record Jump in Foreclosure filings

Foreclosure filings in record jump Hope Now reports a 20% increase in initial foreclosure filings during March. But there was a steep drop in bank repossessions. By Les Christie, CNNMoney.com staff writer Last Updated: April 30, 2009: 11:31 AM ET NEW YORK (CNNMoney.com) -- Lenders continued to rewrite troubled ...

No bankruptcy help for homeowners

No bankruptcy help for homeowners Measure to modify delinquent loans in bankruptcy court fails in Senate. Obama administration loses big stick to prod loan servicers to aid troubled borrowers. By Tami Luhby, CNNMoney.com senior writer April 30, 2009: 3:55 PM ET NEW YORK (CNNMoney.com) -- The Obama ...

Florida Senate passes insurance bill

Premiums could rise Florida Senate passes insurance bill Bill aims to reduce homeowner storm risk By Julie Patel South Florida Sun Sentinel 8:53 PM EDT, April 28, 2009 The Florida Senate passed a broad property insurance bill Tuesday that is expected to boost most statewide home and condominium insurance rates and reduce Floridians' risk of paying ...

U.S. to pay off mortgage investors

U.S. to pay off mortgage investors Treasury Department announces new mortgage incentives for lenders, which will reduce monthly payments for millions of borrowers. Last Updated: April 28, 2009: 11:02 AM ET WASHINGTON (Reuters) -- The U.S. Treasury Department will Tuesday tap a $50 billion housing rescue fund to pay ...
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