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California Foreclosure Law

June 29th, 2009

For more information of foreclosure law, click here:

http://www.loan-mod-net.com/Foreclosure.html

or here:

http://www.loan-mod-net.com/Stop-Foreclosure.html

The Loan Modification Forum
Peter is one of the nation’s leading authorities on foreclosure prevention,
loan modification and loss mitigation strategies.
His firm, The Loan Modification Network connects
thousands of homeowners in financial crisis with
solution providers specializing in home preservation
programs. For a free consultation call 1-877-840-MODS (6637)

Arizona Investigating Mortgage Firms for Fraud

June 29th, 2009

I’ve said it before and I’ll say it again, ONLY attorneys can legitimately help you avoid foreclosure and save your home! -P.C.

Phoenix Business Journal - by Mike Sunnucks

Arizona Attorney General Terry Goddard said the state is investigating more than 50 mortgage modification and refinancing firms his office has received complaints about for ripping off consumers.

Though Goddard would not disclose which companies are under investigation, he said the biggest problems in the industry right now are third-party advocates that charge up-front fees of sometimes thousands of dollars and promise distressed homeowners reworked mortgages that lower payments to help forestall foreclosures.

The Better Business Bureau, Attorney General’s Office and other consumer-protection groups say mortgage- and refinancing-related complaints are way up, and consumers should be on the look out for unscrupulous businesses.

The U.S. Federal Trade Commission also is investigating “mortgage mod and refi firms” and has gone after outfits with deceptive Web sites and business and advertising practices.Goddard said there are federally approved, nonprofit housing advisers that can offer many of the same services free. Banks and mortgage lenders are telling customers to first try talking to them and then to federally and state-approved nonprofit housing assistance groups before looking at private mortgage modification firms. They stress the nonprofit, government-approved housing agencies offer free assistance while private mortgage modifications firms charge for their services.

“We encourage borrowers to contact their lenders directly to discuss the options that may exist to avoid foreclosure. We also understand some borrowers prefer to engage a third-party to help them through the process,” said Wells Fargo spokesman Jason Menke. “When selecting a counselor or mediation resource, we encourage borrowers to consider HUD-approved counseling agencies or resources available through the Arizona Department of Housing. Homeowners should understand that counseling and mediation services provided by these agencies are done at no cost to them.”

Big banks and mortgage firms have been criticized for not moving fast enough to modify or refinance distressed mortgages and setting up confusing systems and protocols for mortgage assistance.

Some new modification and refinancing firms are based in Arizona while others are out-of-state companies that have accessed delinquent and trouble mortgages in Phoenix, which has some of the worst foreclosure rates in the country.

Valley homeowners are getting solicitations from all sorts of mortgage and refinancing firms. Some of the solicitations come in the form of letters, e-mails and automated telephone calls that can lead homeowners to believe they are from their lenders or from government agencies related to the federal “Making Home Affordable” program.

Sometimes mortgage firms will create logos that look like government agencies or use the non-copyrighted federal fair housing and other logos.

Columbus, Ohio-based Oxford Lending Group LLC, for example, has sent letters to Valley homeowners with a logo and letterhead for the “Economic Stimulus Act 2009.” The official-looking letter tells consumers they could be eligible for mortgage refinancing. The letter says Oxford is not a government agency.

Johnny Zamora, an Oxford employee at the company’s Scottsdale office, said the company does mortgage refinancing, does not ask for up-front fees, perform or promise modifications. He said Oxford’s fees are built into refinancings and new loans. Zamora said Oxford solicits consumers so they know about refinancing options. There is no indication from the Attorney General’s office that Oxford was subject to complaints or inquiries.

Zamora said stressed out homeowners often are frustrated with their lenders and confused about navigating the process to have their mortgages refinanced or modified.“They don’t really know where they are going,” Zamora said. Oxford does loan refinancings in 32 states.
Chase spokeswoman Mary Jane Rodgers said troubled mortgage holders should come to her bank first including a home-ownership-assistance center in Phoenix where they will meet with mortgage assistance counselor.

“There is no fee for our customers to work with us in seeking modifications to their loans,” Rodgers said.

MORTGAGE HELP

Chase Bank: 866-550-5705 or Homeownership Center, 2501 W. Dunlap Ave. Phoenix

Bank of America: 800-669-0102 or 800-556-9568

Wells Fargo Bank: 800-678-7986

U.S. Department of Housing & Urban Development approved counselors: www.makinghomeaffordable.gov/counselor.html

Arizona Department of Housing: 877-448-1211Federal Trade Commission: www.ftc.gov

Arizona Attorney General’s Office: www.azag.gov/consumer/foreclosure

The Loan Modification Forum
Peter is one of the nation’s leading authorities on foreclosure prevention,
loan modification and loss mitigation strategies.
His firm, The Loan Modification Network connects
thousands of homeowners in financial crisis with
solution providers specializing in home preservation
programs. For a free consultation call 1-877-840-MODS (6637)

Homeowners Report Confusing, Frustrating Loan Modification Process

June 29th, 2009

Those who aren’t in imminent danger may have to wait in line
FOUND ON: www.venturacountrystar.com

By Allison Bruce (Contact) Friday, June 19, 2009

Download this story as a podcast!

To battle foreclosures, the Obama administration launched programs with hopeful names such as Making Home Affordable, but as many homeowners seeking assistance are learning, such programs have added more confusion than help.

Many people look at the criteria for refinancing, loan modifications and assistance, then approach their lenders because it appears they qualify for help. But many find that, for one reason or another, they aren’t getting assistance.

“It is frustrating,” said Camarillo resident Keith Pillow, who lost his job earlier this year and has been trying to get a loan modification through Bank of America. He originally had his loan with Countrywide Financial Corp.

“When they have so many people absolutely desperate for assistance, I would think that they would be more accommodating,” he said. “That is not the case.”

Pillow spent months trying to get a modification. He just received conditional approval last week and is now going through a review process.

Though his story may have a happy ending, it’s been a difficult process.
Pillow always has been very careful with his finances, paying bills on time or early and securing a 30-year fixed mortgage at a good rate.

“I never thought that I would have to go through this,” he said.
But all that caution put him at a disadvantage. He wasn’t a top priority when it came to loan modification.

Bank of America spokesman Rick Simon said the bank did 157,000 loan modifications in the first four months of this year, even before Making Home Affordable came into play.

He said there is confusion over when the program started, since it was announced before guidelines were in place.

“Everyone seems to think this program goes back to February,” he said.
The guidelines weren’t announced until March and contracts signed in April. Bank of America started sending out letters April 20 to borrowers identified as loan modification candidates under the plan.

In the eight weeks since it started, Simon said the bank has sent out letters to 170,000 borrowers and offered about 35,000 trial modifications as required by the U.S. Treasury Department’s guidelines.

Not helping the unemployed

If someone doesn’t fit into Making Home Affordable or Bank of America’s National Homeownership Retention Program, which helps borrowers with subprime loans and certain types of adjustable-rate mortgages, Simon said the bank would try to find a solution through other programs.

But two things have to take place, he said. The homeowner has to want to stay in the home and he or she has to be able to make the new payments. “There still has to be income,” he said. “This is not helping people who are unemployed …. There isn’t a program out there that is going to help those people tremendously impacted by the economic situation we’re in today.”

There also are other requirements, such as getting investors who hold the loans to sign off on the modifications. It’s much easier to make modifications to a loan held by the bank or by Fannie Mae or Freddie Mac. Those owned by investors often require case-by-case consideration.
Some investors are even suing Bank of America, charging that it should be responsible for the cost of modifications.

Bank of America chose to start with borrowers in imminent danger of foreclosure and is still developing models for those who are current on their loans but can demonstrate a hardship, Simon said.

He said circumstances changed in Pillow’s case and the bank is trying to find a solution for him.
Pillow said he needs a modification after watching his income plummet. He’s drawing unemployment and, though he expects his new business will start to generate income this year, it won’t be anywhere close to his six-figure salary from Thomson, parent company of Technicolor.

He doesn’t want to start dipping into his retirement accounts to pay his mortgage.
What he would like is to change his 5.25 percent 30-year mortgage to a 4.5 percent 40-year mortgage. Pillow argues that would let him make the payments and keep that money flowing to the bank.

His home, purchased at $475,000, is now worth about $325,000. He owes more than $400,000.
“Under the stimulus plan, I qualify” for modification, he said.

He adds, though, that it’s not clear to borrowers what the options are and who can do what under the federal plan.

Documentation needed

There are certain requirements people have to be aware of as they enter into the process, said Elizabeth Alvarez, program director of Consumer Mortgage Advocate. For example, modification applicants have to be able to provide full documentation; people aren’t likely to qualify if they can’t document their income.

Alvarez runs a Web site, HomeownerHope.org, that helps people see if they are good candidates for modification under government programs.

Even for people who qualify, securing a loan modification is a tough process, she said.
Alvarez has worked with people who qualify for loan modifications, but they felt it would be easier to walk away from homes than go through the constant, exhausting process of seeking a modification.

Walking away isn’t an answer, she said.

“It doesn’t help our communities; it doesn’t help the banks; it doesn’t help our economy,” she said. Foreclosures are a terrible waste of time, resources and money, she added.

She mentioned one woman who was able to afford her condo on her fixed retirement income. Then the market bottomed and suddenly she couldn’t afford where she lives.

“It’s heartbreaking,” Alvarez said.

Those seeking loan modifications run across a wide range of financial fitness.

Valencia Attorney Louis J. Esbin assists clients trying to do loan modifications as part of their bankruptcy filings. He doesn’t charge a fee to help with loan modifications but makes it a part of his service.

Esbin is former head of the Central District Consumer Bankruptcy Attorneys Association.

Often, because the borrowers involved in bankruptcy have so much debt and only a certain amount of income, they are denied loan modifications or the ones they get are so inconsequential people aren’t accepting them, he said.

“Some loan modifications come back where people maybe pay more every month than they were paying before,” he said.

‘Tremendous change’ not seen

Esbin said many people continue to turn to the loan modification industry that has quickly cropped up. He warns that many companies want a large sum of money and their guaranteed results can be suspect.

The state Department of Real Estate cautions that loan modification companies are not allowed to guarantee modification success. The department’s Web site has a list of companies that have received “desist and refrain” orders or accusations.

Alvarez said some homeowners have found writing to their elected officials helps their cases to get “unstuck,” but even that has limited success.

“We’re supposed to be in a time when people are ironing these things out,” she said.

“I haven’t seen a tremendous change.”

For more information:

About Making Home Affordable

The Loan Modification Forum
Peter is one of the nation’s leading authorities on foreclosure prevention,
loan modification and loss mitigation strategies.
His firm, The Loan Modification Network connects
thousands of homeowners in financial crisis with
solution providers specializing in home preservation
programs. For a free consultation call 1-877-840-MODS (6637)

Citi Boosting Salaries 50%

June 29th, 2009

A classic example of Wall St. snubs Main St. When a bank is federally obligated to restrict their annual bonuses, it’s only natural that they would circumvent the rules. All of this mind you while thousands of Citi Mortgage borrowers can’t get their loans restructured. The absurdity continues…
–P.C.

Citi Boosting Salaries to Offset Lower Bonuses

By STEPHEN BERNARD – 8 hours ago

NEW YORK (AP) — Citigroup Inc. is increasing base salaries for many of its employees — reportedly by as much as 50 percent for some workers — as it restructures its compensation program amid new restrictions on bonus payments.
The increased salaries will offset lower bonuses, according to a person familiar with the matter who requested anonymity because the plans have not been made public. The higher salaries are not the equivalent of annual raises, the person added.
Citi faces restrictions on bonuses as part of a new government compensation oversight plan because the bank received bailout funds from the Treasury Department.
By shifting the mix in compensation packages, it will allow Citi to pay most employees as much as they received in 2008 while adhering to bonus caps.
“Citi continues to examine ways to ensure its employee compensation practices are competitive in this very challenging market environment,” Citi said in a statement Wednesday. “Any salary adjustments are not intended to increase total annual compensation, rather to adjust the balance between fixed and variable compensation.”
A New York Times report published Wednesday said some employees salaries will rise by as much as 50 percent because of the change in compensation structure.
The New York-based bank has been among the hardest hit by the credit crisis and ongoing recession. Citi has reported six straight quarterly losses totaling nearly $30 billion. But, it would have posted a profit in the first quarter had it not been for dividend payments on preferred stock. In recent months, the bank has been reducing staff and selling assets in an attempt to streamline operations and return to profitability.
The bank has received $45 billion in loans from the government. A portion of those funds will soon be converted to common stock, giving the government a 34 percent stake in the bank.
Bonuses awarded to employees at financial firms that received government bailouts have come under heavy scrutiny in recent months. Earlier this year, American International Group Inc. came under fire for bonuses it paid to employees at one of its most troubled divisions. AIG was rescued from the brink of collapse by the government last fall.
The Obama administration has blamed compensation plans for encouraging excessive risk-taking that pushed the financial services sector into chaos last year.
The administration recently named Kenneth Feinberg a “special master” to oversee compensation packages awarded to the seven companies that have received the most government support, including Citigroup. Feinberg can reject pay plans he deems excessive and review compensation for the top 100 salaried employees at those companies.
Charlotte, N.C.-based Bank of America Corp., which received $45 billion in government support, is among those facing additional scrutiny about bonuses and executive compensation.
Bank of America was not immediately available to comment on whether it also is planning to alter its compensation program.
Ensuring compensation for employees by increasing salaries could be a move banks facing government restrictions take to avoid losing workers to competitors. Some banks that received government loans during the mushrooming credit crisis last fall have already paid back their debt, and are no longer subject to compensation oversight. That could allow them to offer lucrative deals to entice employees away from banks where restrictions are still in place.
Aside from the boost in salary to offset the lost bonuses, Citi is also planning to award new stock options to employees to help ensure they remain at the bank, according to the Times report.
Shares of Citigroup rose 3 cents to $3.04 in morning trading. Bank of America shares rose 12 cents to $12.35.

AP Business Writer Ieva M. Augstums in Charlotte, N.C. contributed to this report.
Copyright © 2009 The Associated Press. All rights reserved.

The Loan Modification Forum
Peter is one of the nation’s leading authorities on foreclosure prevention,
loan modification and loss mitigation strategies.
His firm, The Loan Modification Network connects
thousands of homeowners in financial crisis with
solution providers specializing in home preservation
programs. For a free consultation call 1-877-840-MODS (6637)

The History ARMs and the Errors Who Love Them

June 29th, 2009

Behind Adjustable Rate Mortgages

More than fifty years ago Mr. William Double, an assemblyman in the Wisconsin State legislature won approval for a new type of mortgage. This new form permitted lenders to adjust the rate charged to borrowers after a fixed period of time. This strategy was employed as a way to offset the risk incurred by many savings and loan institutions that held large numbers of fixed-rate loans in an environment of increasing interest rates. That loan variation was the forerunner of today’s variable or adjustable rate mortgage (ARM). In the early 1970s, some of the larger lenders in California introduced variable rate loans and, by the early 1980’s, this concept in lending was gaining wide acceptance across the country. Over the years, many lenders have added refinements, improved features and designed loan products that not only fit their needs for protection against interest rate volatility, but which also meet the cash flow constraints of borrowers. The advantages of ARMs are obvious. In return for a lower initial interest rate, the borrower faces the possibility that future rates will increase. While the interest rate can often exceed the comparable rate on a fixed-rate loan, the borrower will oftentimes realize significant savings in the early years of the loan. Because they have been very popular since the 1980’s, ARMs now account for millions of loans used by homeowners to purchase a home or to refinance an existing mortgage. ARMs are especially attractive for home buyers planning to stay in their home for a short period, say, three to five years, and for purchasers who might qualify for a larger loan than they could otherwise obtain. The Difference between ARMs and Fixed Rate Loans

Since the key difference between ARMs and fixed-rate loans is that the rate can change at different intervals in the future, it is not surprising that homeowners pay a lot of attention to the new rates charged by their lender. What is surprising is that, before 1985, homeowners with an ARM often never questioned the accuracy of the changes in their new rate as calculated by their lender. Prior to 1985 most homeowners mistakenly assumed that the payment changes calculated by their lenders must be accurate. Unfortunately, that was not, and still is not always the case. In fact, independent surveys conducted since by Forensic Loan Audit experts since that period indicate that errors occur in approximately one-third of all ARMs. In subsequent years, mortgage industry and government studies have confirmed the original findings and the extent to which these errors in the calculation of ARM payment rates exist. The Types of Errors Found in ARMs

The calculation of ARM rate changes is complex and errors can occur in a variety of ways. For example, a borrower can be overcharged if the payment was based on: selection of incorrect index value, type or date; incorrect mathematical rounding procedure; incorrect monthly payment factor; incorrect margin or general mathematical errors; mistyped data, computer software or ambiguous loan note. In fact, a simple miscalculation of just one-half of one percent in the index value, coupled with incorrect rounding can easily add $100 to the monthly payment, or $1,200 on an annual basis. Even with a sophisticated computerized system, clerical errors can occur when the data is initially entered. Errors can occur in any mortgage, but particular attention should be paid if the loan has any of these characteristics: the loan was sold or transferred to another lender; the loan was written before 1986; a rider, handwritten changes or irregularities exist in note; an unusual index or interest rate is determined by complex calculations; the loan balance has not decreased as expected; the original lender is now out of business. Now that you are familiar with adjustable rate mortgages and how errors can occur, you can see how a loan modification attorney can assist you in determining if your mortgage has been correctly calculated by your lender.

The Loan Modification Forum
Peter is one of the nation’s leading authorities on foreclosure prevention,
loan modification and loss mitigation strategies.
His firm, The Loan Modification Network connects
thousands of homeowners in financial crisis with
solution providers specializing in home preservation
programs. For a free consultation call 1-877-840-MODS (6637)

Foreclosures Grind on as Lenders Fail to Modify Loans

June 29th, 2009

By Stephanie Armour, USA TODAY

The Obama administration’s $75 billion program to reduce foreclosures has been beset by backlogs and delays, leading many overstretched homeowners to complain about unreturned phone calls and inaccurate information from lenders, while others say they were denied help for reasons that weren’t clear.

Details of the plan were unveiled in early March. The goal is to prevent up to 4 million foreclosures by having banks modify loans into more affordable monthly payments.
Since its debut, the plan has led to offers of more than 190,000 mortgage modifications with lower monthly payments, according to the Treasury Department. During that time, lenders either have started or advanced foreclosure proceedings against more than 1 million homes, according to RealtyTrac. About 20% of those were foreclosed upon and repossessed. The Center for Responsible Lending says 2.4 million Americans are at risk of foreclosure in 2009, and 8.1 million could be over the next four years.

Homeowners who apply for mortgage modifications are finding that banks typically are taking 45 to 60 days to respond to inquiries, according to a report this month by NeighborWorks America, a provider of foreclosure-prevention counseling.

Some homeowners who applied for mortgage modifications five months ago still have no answer on whether they will be able to arrange smaller monthly payments, leaving them uncertain whether they’ll keep their homes or lose them shortly.

“Some lenders may not be turning (homeowners) down right away because it might be politically easier to push them off and delay,” says Joel Naroff at Naroff Economic Advisors. “No one will admit they’re doing this.”

Naroff also says banks today are dealing with even more demand for mortgages, including refinancings, than during the peak of the housing bubble in 2006, and the backlog is likely to get worse as more homeowners lose their jobs. Mortgage delinquencies have been growing in areas where unemployment has been rising fast, and even homeowners who successfully get modified mortgages could face trouble later if their incomes or home values fall.

Lenders say they’re doing the best they can with a tsunami of requests, but some industry officials say delays are hampering efforts to revive the housing market.

“The loan-modification program is suffering. What we’re doing right now isn’t working as expected,” says Richard A. Smith, CEO of Realogy, the parent company of Century 21, Coldwell Banker, Sotheby’s International Realty and ERA. “The delays are horrible. Banks, unfortunately, just weren’t geared up for this.”

This month, Sen. Jack Reed, D-R.I., and 14 other senators wrote a letter to Housing and Urban Development (HUD) Secretary Shaun Donovan and called for a new strategy to get lenders to respond to homeowners faster.

“Of particular concern are homeowners who have been instructed by HUD-approved counselors to contact their (loan) servicers only to be rebuffed or, worse, never even reach their servicer,” it said.

Robin and Craig Doyle of Woodland Hills, Calif., have been trying to get a loan modification through their lender, JPMorgan Chase, since February.

Robin, who does freelance writing from home, said she initially was told to send a letter describing her hardship, paycheck stubs, tax returns and other information.

She assembled a 200-page file and sent it along. A month later, she was told she had to redo the information because the file she’d sent had become outdated.

Another time, Robin says, she was told her file had been mistakenly closed altogether. On another occasion, she was told the request couldn’t be processed because she hadn’t included information about a homeowner association fee, even though her family doesn’t belong to such an association.

“I’ve had to resend it four times,” says Robin, 35. “It’s making me sick. It’s been five months. I’ve spent hours and hours on this and sleepless nights. It’s foremost on my mind. I look at my beautiful home and wonder if I’ll have it next month.”

The Doyles pay $5,031 a month on a mortgage of $947,000. They have an interest-only loan at a 6.3% rate that will reset in about seven years. On interest-only loans, borrowers pay only interest for a specific period to temporarily reduce the payments. After that, they pay interest and principal.

Craig, a writer in the television and movie industry, is still finding work but not as much as before. This is the first month the family has failed to make its mortgage payment.

“I feel like Obama’s plan has done absolutely nothing,” says Craig, 38.

Jennifer Zuccarelli, a Chase spokeswoman, says there were miscommunications in the Doyles’ case, and the bank is working to resolve the situation. It also has added about 950 loan counselors the past six months.

“We’re hiring hundreds more every month,” Zuccarelli says.
After USA TODAY contacted Chase for comment, the Doyles say the bank told them the next week to resubmit their application. They later were told they don’t qualify for the Obama plan because their loan amount is too high.

Bonuses for mortgage collectors

Other major lenders say they are beefing up staffing to process modification requests. Some say it has taken time because details of the Obama administration’s plan weren’t outlined until March.

Under the plan, if the borrower’s monthly payment is reduced by 6% or more but not below a 31% mortgage-debt-to-income ratio, the servicer can receive success payments of up to $1,000 for three years, provided the borrower stays current.

Once a three-month trial period is complete and loan documents are signed, the servicer is entitled to a one-time $1,000 incentive payment and the investor receives a $1,500 check.

The investor incentive is important because the program is targeted mainly at hard-to-modify loans in certain mortgage-backed securities.

Loan modifications can help borrowers by reducing mortgage principal, the interest rate or the term of the loan. The government also has set aside money to help up to 5 million families refinance into safer long-term mortgages from risky kinds of adjustable mortgages whose payments could soar to unaffordable levels.

Those who don’t qualify for either refinancing help or loan modifications under the government’s program are counseled on other alternatives to foreclosure, such as short sales where lenders agree to a home’s sale for less than the mortgage balance.

Bank of America reports that it modified about 232,000 mortgages last year. During the first four months of this year, it has completed about 157,000 modifications — all before the Obama housing rescue plan went into effect.

To settle claims brought by attorneys general in 11 states, Bank of America last year agreed to modify loans for homeowners holding riskier loans that often balloon into larger monthly payments later. The claims involved mortgages that originated with Countrywide Financial, which Bank of America took over in 2008.

Bank of America expects to begin processing applications from homeowners who are current with their mortgage within a few weeks.

Treasury Department officials say 16 mortgage servicers — the companies that collect homeowners’ monthly payments — have signed up to participate in the program. They say they are aware of servicer delays.

“Treasury continues to pursue strategies to help servicers reach more borrowers faster. Given the fragile state of housing markets, we will need to continue to do more to ensure loan modifications are occurring at scale under our program,” says Meg Reilly, a Treasury spokeswoman.

Lenders say they need to take time to review each application so that the modifications are meaningful. Some economists also warn that rushing approvals could result in modifications that only delay foreclosures rather than prevent them.

‘I don’t know who to trust’

Some applicants who were turned down say they don’t understand why.
Judy Lederman, 49, of Scarsdale, N.Y., a freelance writer after losing her full-time job in public relations a year ago, says she tried to get a modification with Chase about three months ago. She has an interest-only loan at 5.25% that resets in one year. How high it will rise depends on interest rates then.

She says Chase denied her request a few weeks ago because she has an adjustable-rate mortgage, but other borrowers with ARMs are getting modifications under the Obama plan.
“They kept me on hold and waiting for months. I bent over backwards to get them what they needed, but it was like no one was home,” Lederman says. “I really don’t know what else to do. I don’t know who to trust.”

The day after USA TODAY called Chase for comment, Lederman says the bank called her. She says the representative told her she was turned down because of missing information and that new forms to apply for a modification were being expedited to her home. “There was some miscommunication, but we have reconnected with the borrowers and are working on finding solutions for them,” Zuccarelli says regarding the complaints about Chase.

The Loan Modification Forum
Peter is one of the nation’s leading authorities on foreclosure prevention,
loan modification and loss mitigation strategies.
His firm, The Loan Modification Network connects
thousands of homeowners in financial crisis with
solution providers specializing in home preservation
programs. For a free consultation call 1-877-840-MODS (6637)

Loan modifications a struggle for Treasure Coast homeowners

June 29th, 2009

An Interesting article that may pertain to some of you out there in Florida. -P.C.

Loan modifications a struggle for Treasure Coast homeowners

By Nadia Vanderhoof (Contact)Wednesday, June 17, 2009

Since March, Leroy Stennett has spent more than 10 hours talking to seven people in five departments at Bank of America about getting his mortgage modified.

In 2006, Stennett and his wife purchased a house in Port St. Lucie for $285,000, putting $95,000 down and adding another $5,000 in closing costs from the sale of their previous home.
“My house is worth $120,000 now, so, I’ve basically paid it off, but they don’t want to cut me a break,” Stennett said about his lender, Bank of America. “Every time I call, I talk to a different person, so I can’t get any real answers.”

Like thousands on the Treasure Coast, Stennett hoped President Barack Obama’s Making Home Affordable plan would help adjust his house payments after applying for a mortgage modification. But frustrated homeowners, who remain current on mortgage payments despite economic setbacks, say they are confused about the modification process and aren’t getting support or cooperation from their lenders.

“We need some serious help now because I don’t know how long I can do this for,” said Stennett, who has gone through the majority of his savings just to keep up with mortgage payments.

Last year, Stennett lost his construction job and took a much lower-paying job at a country club. After being downsized from her administrative position and making an exhaustive job search, Stennett’s wife moved back to New York to find a job there so she could help pay for the mortgage. She is still searching for employment and staying with family.

Obama announced on March 4 the $75 billion Making Home Affordable plan designed to help 9 million people stay in their homes. But Florida real estate experts and housing analysts say the plan isn’t working because it doesn’t factor in the millions of homeowners who owe significantly more on their homes than the home’s appraised value.

Some even describe the plan as merely a public relations effort, giving the impression the Obama administration is working to fix the collapse of the real estate market. But in reality, critics say the program lacks accountability and does not offer principal reductions on homes that are severely upside down, one of the major problems in Florida’s housing crisis.

“There’s no friendly way to say this, but (Making Home Affordable) isn’t the knight in shining armor we thought it was going to be,” said Valerie Saunders, president of the Florida Association of Mortgage Brokers. “I haven’t heard of one person who has had a successful loan modification.”
Jack McCabe, chief executive office of McCabe Research and Consulting, a real estate consulting firm in Deerfield Beach, describes the Making Home Affordable plan as a failure in Florida.
“For all the press the banks and CEOs are getting for their efforts in refinancing and modifying mortgages, it’s extremely difficult to gather any real results from them,” McCabe said. “I think lenders were extremely unprepared to deal with this. And they still are.”

Major banks all declined to give specific information on how many mortgage modifications are in process or have been completed in Martin, St. Lucie and Indian River counties under the Making Home Affordable plan. Nationwide, Bank of America said 20,000 trial modification offers have been sent to borrowers while JP Morgan Chase & Co. has started 15,000 trial modifications. Citibank and Wells Fargo, the new owner of Wachovia, declined to give numbers or comment on the program.

When asked about the program, banking executives gave the plan high marks despite skepticism from homeowners and critics.

“It has taken time to get Making Home Affordable revved up, but we see it as an excellent program for borrowers, investors and servicers,” said Tom Kelly, JP Morgan Chase spokesman.
Under the program, lenders get $1,000 from the Department of Treasury for processing a modification or refinance application and an additional $1,000 if the applicant is approved.
Nationwide, the agency has “extended over 150,000 offers for loan modifications,” said Meg Reilly, a spokeswoman for the Treasury.

Sebastian resident Carol Coker argues the program should do more for homeowners who are struggling with high mortgages larger than their home’s value. She purchased her home for $350,000 in 2006 with a variable interest rate and a $70,000 down payment. Recently, her lender said under the program, they would agree to a fixed interest rate at 5 percent for five years, which would increase to about 8 percent thereafter.

“That doesn’t help me at all because my home is worth $185,000 now,” said Coker, a registered nurse. “I know a lot of working class that are in my same situation, working day and night just to pay off these big mortgages.”

Michael Larson, a real estate analyst with Jupiter-based Weiss Research, said the housing market nationwide and on the Treasure Coast will not make a full recovery until lenders agree to massive, across-the-board principal reductions.

“The reality is you can cut someone’s payment to $1,100 or $1,200 by cutting their interest rate in the short term, but is someone really going to stick around in a home that they owe $50,000, $100,000 or $200,000 more than what the home is worth, in the long term?” Larson said. “They’ll never see that money back and probably won’t even break even until they’re in a nursing home, so, (the program) overpromised and under-delivered.”

The main flaw in the design, he said, is the resistance of the president to get lenders to cut principal.

“Nothing’s going to work until that happens,” Larson said.

The Loan Modification Forum
Peter is one of the nation’s leading authorities on foreclosure prevention,
loan modification and loss mitigation strategies.
His firm, The Loan Modification Network connects
thousands of homeowners in financial crisis with
solution providers specializing in home preservation
programs. For a free consultation call 1-877-840-MODS (6637)

Alert! OCWEN Federal Bank Sued!

June 29th, 2009

ALERT— ‘Ocwen Federal Bank has been sued for millions of dollars in a Connecticut federal court for racketeering, breach of contract, unfair debt collection practices, overcharging borrowers bogus service and late and escrow fees, harassment, and mail fraud. The lawsuit is Hanson v. Ocwen, a class-action complaint filed in the Federal District Court in Connecticut [Docket #3:02CV960].

The lawsuit seeks punitive damages in the amount of $1.5 BILLION. To all the many victims of OCWEN Federal Bank, Listen up! The lawsuit seeks to become a class action, which would then involve all of you who have been complaining day and night about the mistreatment suffered for months or years at OCWEN’s hands. There have always been power in numbers, and the class action lawsuit is now hitting back at OCWEN on behalf of all the honest homeowners that it has trampled on for some time now. If you would like to be included in the class action lawsuit, keep reading.

TOGETHER, WE CAN MAKE A DIFFERENCE AND STOP THE BIG, BAD WOLF FROM BLOWING YOUR HOMES DOWN, ONE BY ONE.HOW TO HELP OUT:Submit a notarized sworn statement (or Affidavit) summarizing your experience (much like many of you have already done here at RipoffReport.com, but pay attention to spelling and grammar, please, as this may go into the court record for all to see for ever). Rush your Affidavit to the following person:Kweku Hanson487 Main Street, Suite TwoHartford, CT 06103-3007email: leagltek@mindspring.com mailto:leagltek@mindspring.com

YOU SHOULD ALSO FILE A RIP-OFF REPORT: Filing a Rip-off Report is also important and should be your first step. Your report will be looked at by other consumers interested with your situation and may relate to and benefit by the rip-off you experienced. The more Rip-off Reports on Ocwen, the more educated other consumers will become, when dealing with Ocwen. This will also help create a better working history on OCWEN and give us the information needed to contact you regarding the disposition of the lawsuit.’ALSO….In addition to all the hundreds of complaints we have received on Ocwen Bank in the form of Rip-off Reports, we also receive hundreds of e-mails every week asking for our help.We have contacted Ocwen on many occasions to arrange a wholesale settlement and they have promised us numerous times that they would settle but they have reneged. They have also had their attorneys threaten us.Having said that, Ocwen Bank has also tried to post to each and every complaint with the following bogus and useless message:

‘If you have a concern regarding the servicing of your loan, E-mail Address: Customerrelations@ocwen.comToll Free Phone #: 1-800-804-5561 Mailing Address: Ocwen Federal Bank FSB, Attention: Research Department, 12650 Ingenuity Drive, Orlando, FL 32826We strive to provide each of our customers with the utmost in customer care and professionalism and are eager to address any issue or concern that you feel has not been appropriately addressed.’

At Rip-off Report, it is our opinion and the opinion of other victims that, Ocwen has no intention of resolving these matters. Victims identify no answer on that phone line for several minutes and in some cases almost an hour. Additionally, other victims post that they have received no response to their correspondence even after Rip-off Report posted their comments. We have notified Ocwen that we cannot and as a matter of policy, will not post these bogus memos at great expense to our time and resources that are only a ruse and an additional run-around to the victims that come to the Rip-off Report.Click here to read other Rip Off Reports on OCWEN Federal Bank Financial Services

ED Magedson
- EDitor-in-Chief
EDitor@ripoffreport.com
badbusinessbureau.com
http://www.ripoffreport.com/

We are not lawyers.
We are not a collection agency.
We are Consumer Advocates….the victims’ advocate
WE are Civil and Human Rights Activists
We are a Nationwide Consumer Reporting News Agency…by consumers, for consumers

The Loan Modification Forum
Peter is one of the nation’s leading authorities on foreclosure prevention,
loan modification and loss mitigation strategies.
His firm, The Loan Modification Network connects
thousands of homeowners in financial crisis with
solution providers specializing in home preservation
programs. For a free consultation call 1-877-840-MODS (6637)

Obama’s Mortgage Rescue Plan Fails Miserably

June 29th, 2009

When Obama launched his mortgage rescue plan, he promised that it would help 5 million households. So far, he is about 4,969,000 short of his goal!! – Peter Collins

Obama’s Mortgage Rescue Plan Fails Miserably

Tuesday, June 9, 2009 4:13 PMBy: Dick Morris & Eileen McGann

The data for April and May prove that President Obama’s plan to rescue those facing mortgage foreclosure is a dismal failure. Since this issue was the cornerstone of his economic program during the campaign, its abject failure is a significant setback for the administration’s economic plan.
During the month that ended May 26, 464,983 foreclosures of subprime and Alt-A mortgages (out of a universe of 3.2 million studied). So 15 percent of all subprime mortgages were foreclosed in May! Only 19,041 — a paltry 6 percent — were modified during this period. And of those modified, only 11,200 involved any reduction in the monthly payments! Only 12 percent involved any write-off of interest, fees, or principal, and 27 percent of the loan modifications actually increased the monthly payments due.
Alan M. White of the Valparaiso Law School, who conducted the study, noted that the data showed that “the administration’s plan to stimulate mortgage modifications does not seen to have had much effect yet, at least in this market segment” [i.e. subprimes].
And the trend lines are all bad:
 The number of loan modifications dropped 11 percent from April to May.
 The ratio of foreclosure losses to modification write-downs (the amount lost in foreclosure vs. the amount write-downs rescued) doubled in the past month. For every dollar saved in modifications, $150 was lost in foreclosure.
When Obama launched his mortgage rescue plan, he promised that it would help 5 million households. So far, he is about 4,969,000 short of his goal!!
When will the subprime foreclosures stop? In about a year when all of these unfortunate people have lost their homes!
Why is Obama’s plan falling so far short of the mark? The fault is its own restrictions. You cannot get a loan modification if:
 You have lost your job
 You owe more than 5 percent above what your house is worth
 You are already in default
 You have not missed at least one payment
 Your lender does not want to participate
 Your mortgage is not one of the half of all mortgages insured or owned by Fannie Mae or Freddie Mac
 The reworked mortgage payment would come to more than 31 percent of your income
 Your mortgage is more than $759,000
 The home is not your primary residence
The number of beleaguered homeowners who can slip through the eye of this particular needle and qualify for a mortgage modification is tiny.
(We discuss failure of Obama’s mortgage relief program at length in our new book “Catastrophe,” due out on June 23. Pre-orders of signed books are available at DickMorris.com)
And yet there is an easy remedy at hand. Obama simply should say, as they did in Sweden, that the government simply will buy the distressed mortgages from the banks and adjust the payments to make them possible for the homeowners. Then, when the economy comes back, the homeowners could either pay back the government what they owe for the postponed payments or sell the house and repay the feds from the proceeds. If they won’t do either, the feds could seize the house and get their money back. Cost to the taxpayers: zero. In fact, they probably would make a profit.
Why won’t Obama do this? Because a Democratic administration cannot throw people out of their homes. Better to let them default and make the big, bad bank do the dirty work.
All these facts underscore how cynical Obama’s campaign was in predicating so much of its economic message on an appeal to help those facing foreclosure. You don’t hear Obama talking about foreclosures any more, do you? That’s because he knows he has no solution and that he won’t offer any.
© 2009 Dick Morris & Eileen McGann

The Loan Modification Forum
Peter is one of the nation’s leading authorities on foreclosure prevention,
loan modification and loss mitigation strategies.
His firm, The Loan Modification Network connects
thousands of homeowners in financial crisis with
solution providers specializing in home preservation
programs. For a free consultation call 1-877-840-MODS (6637)

Beware of Foreclosure Rescue Scams

June 29th, 2009

Scam artists prey on struggling homeowners and often target defendants named in foreclosure proceedings. Don’t let them take advantage of you, your situation, your house or your money. The best way to avoid becoming a victim is to get informed and ask a lot of questions. If you receive an offer, information or advice that sounds too good to be true, it probably is.
Here are some tips:
· Help is free! There is never a fee to get assistance or information from your mortgage company or a HUD-approved housing counselor. Beware of any person or organization that asks you to pay a fee in exchange for housing counseling services or modification of a delinquent loan. Do not pay—walk away! Call 1-888-995-HOPE (4673) for free housing counseling.
· Beware of anyone who says they can “save” your home if you sign or transfer over the deed to your house. Do not sign over the deed to your property to any organization or individual unless you are working directly with your mortgage company to forgive your debt.
· Don’t sign papers in exchange for a promise that someone else will pay off your mortgage. ALWAYS be sure to read and understand all paperwork before signing to ensure that you are not unknowingly giving someone else ownership of your home.
· Never submit your mortgage payments to anyone other than your mortgage company without your mortgage company’s approval. Scammers might ask you to make your payments to them; however, they pocket your payments instead of sending them to the lender.
· Beware of anyone who says that you don’t need a real estate professional or title company when selling your home. You should always have a real estate professional, attorney or a title company to help you with any transaction involving your home.
· Know the person you do business with. Before responding to any person or organization offering to “save” you from foreclosure, find out if the organization is HUD-approved. Your lender or a HUD-approved housing counselor is the safest source of information and help.

The Loan Modification Forum
Peter is one of the nation’s leading authorities on foreclosure prevention,
loan modification and loss mitigation strategies.
His firm, The Loan Modification Network connects
thousands of homeowners in financial crisis with
solution providers specializing in home preservation
programs. For a free consultation call 1-877-840-MODS (6637)

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