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Foreclosure Defense and Loan Modification Blog

What Is Final Judgment of Foreclosure, and How Can You Avoid It?

Posted by Maxwell Swinney

Saturday, September 2, 2017

A final judgment of foreclosure is an order in certain states that a plaintiff/bank gets from the court, which allows them to sell a defendant's home for failure to pay the mortgage.

Final judgment of foreclosure is one of the last dominoes to fall before the foreclosure sale, and a big loss for a homeowner who wants to keep their home.

Final judgment can be in rem (against the house), in personam (against the homeowner), or both. If the lender believes there is a deficiency on the in rem judgment because the home won't sell for enough to cover all the money they're owed, they can seek an in personam judgment against the homeowner.

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Topics: foreclosure, final judgment

The Kids Are Back to School and It's Time to Do Your Foreclosure Homework

Posted by Maxwell Swinney

Saturday, August 26, 2017

It's back to school time. Kids are getting on the bus, going to class, and doing homework after school, and hopefully you'll find some time to handle your own homework. 

If you've missed mortgage payments, there's no better time than now to try to repair your finances.

If you do your homework, you could ace foreclosure avoidance and keep your home. So sharpen your number two pencils, grab a fidget spinner if you must, and let's do some foreclosure avoidance homework.

Homework Assignment #1: Discover Your Options

In school and in the real world, success depends on good information. So your first homework assignment is to educate yourself on the options available to you

When you stop paying your mortgage, you have to find a solution to or else you will eventually lose your home to foreclosure. There are a number of loss mitigation options that could help you avoid that, including:

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Topics: loan modification, foreclosure

SPS Is Now the Biggest Mortgage Servicer, Getting Loan Modification a Challenge Without Help

Posted by Maxwell Swinney

Thursday, July 27, 2017

Select Portfolio Servicing (SPS) is now the biggest servicer of non-agency residential mortgage-backed securities (RMBS) in the country, with 410,286 loans worth $80.03 billion in their portfolio. Previous number one Ocwen falls to second place, and Nationstar follows in the third spot.

Non-agency, or “private label,” backed mortgage securities are created by private entities. They're not guaranteed by the government and often contain higher risk subprime loans from borrowers who couldn't meet agency standards.

So SPS services a huge portfolio of mortgages that have a relatively higher risk of default. Even if only a small percentage of those loans default, there are many thousands of homeowners seeking to work with SPS for an alternative to foreclosure.

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Topics: foreclosure, sps loan modification

Can A Quitclaim Deed Save You From Foreclosure?

Posted by Maxwell Swinney

Tuesday, July 11, 2017

If you're behind on your mortgage and desperate to avoid foreclosure, you may find yourself searching for any and all ways, no matter how obscure, that you could improve your situation.

Could there be a way to get a free house through the statute of limitations or a quiet title action, or would suing your lender benefit you in some way? We've covered all of those topics on this blog before.

How about a quitclaim deed? Could that you could make your mortgage problems go away?

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Topics: foreclosure defense, foreclosure, quitclaim deed

3 Close Calls with Foreclosure on Road to Wells Fargo Short Sale

Posted by Maxwell Swinney

Sunday, May 28, 2017

In late 2015 a homeowner in Orange County, Florida came to our law firm seeking assistance avoiding foreclosure. To protect his privacy, I'll call him Mr. Hannah.

Mr. Hannah's home is in a great location in central Florida just a few miles from Walt Disney World. But being near the “most magical place on earth” didn't help him when, in 2010, he encountered a hardship and couldn't afford to make his mortgage payments to Wells Fargo. In 2011 he was served foreclosure papers.

By the time we were retained to represent him, Mr. Hannah's home was scheduled to be sold in a foreclosure auction. 

Our client told us that he wanted to pursue both a loan modification and a short sale at the same time. He figured that way if one didn't work out he would have the other option to fall back on. We've heard this from other clients in the past, but it doesn't work like that.

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Topics: short sale, foreclosure, wells fargo

4 Ways to Avoid Foreclosure at the Last Second

Posted by Maxwell Swinney

Thursday, May 18, 2017

Falling behind on your mortgage is a terrible situation to be in, but even if a foreclosure sale date is fast approaching, it doesn't necessarily mean that all is lost. You may still be able to stop foreclosure, possibly even permanently.

Depending on your situation, a loan modification, adjournment, emergency motion, or bankruptcy could help you avoid losing your home to foreclosure. Here's how each works:

1. Loan Modification

Applying for a loan modification can stop a foreclosure sale when the application for it is submitted to the mortgage servicer at least 37 days before the sale date. When a bank pursues foreclosure while a loan mod application is under review, that's called dual-tracking, a practice that is prohibited by the Consumer Financial Protection Bureau's mortgage servicing rules.

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Topics: new jersey foreclosure process, how to stop foreclosure, Bankruptcy, foreclosure, avoiding foreclosure

Foreclosures Lowest Since 2005, Repeats High In New York City And Miami

Posted by Maxwell Swinney

Wednesday, May 17, 2017

ATTOM Data Solutions has released its April 2017 U.S. Foreclosure Market Data report, which shows that April's foreclosure activity is the lowest since November 2005.

In April 2017 there were 77,049 foreclosure filings, which is a drop of 7% from the month before and a decline of 23% from a year ago. A foreclosure filing includes default notices, scheduled auctions, and bank repossessions.

The good performance of mortgages originated over the last seven years is a big part of the reason for foreclosure filings continuing to drop, ATTOM says. They do, however point to an issue with repeat foreclosures “on homeowners who often fell into default several years ago but have not been able to avoid foreclosure despite the housing recovery.”

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Topics: loan modification, florida foreclosure attorney, foreclosure, housing market

6 Ways to save Money When You're Behind on Your Mortgage

Posted by Maxwell Swinney

Saturday, May 13, 2017

If you've fallen behind on your mortgage, it's a good idea to save some extra money to help you get through whatever solution you eventually reach and your life afterward.

No matter what happens, whether it's the best case scenario, like a loan modification with a big principal reduction and low monthly payment and interest rate, or the worst, like losing your home to foreclosure, having a bigger financial cushion is always a good thing.

You can never have too much money. (If you can, that's the kind of problem we'd all like to have.)

Americans aren't the best savers in the world. 1 in 3 Americans has no retirement savings, and many households don't have enough cash savings to survive a $500 emergency, much less a mortgage crisis that costs tens or hundreds of thousands of dollars. The good news is that just about anybody can save some money with a little bit of effort. Here are a few suggestions on how to do that.

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Topics: foreclosure, personal finance, loan modification cost

Citi Denied a Loan Modification for Years until We Demanded Fair Treatment

Posted by Maxwell Swinney

Wednesday, May 3, 2017

Disclaimer: These results should not be taken as a guarantee, as each case is unique. We have helped over 7,000 homeowners, here is one of their stories.

In March 2014 we were hired by a homeowner in Trenton NJ, whom I'll call Ramon Delgado to protect his privacy, who needed help saving his home from foreclosure.

Mr. Delgado, like most homeowners, didn't want to default on his mortgage with Citi, but a significant loss of income forced him into a situation where he couldn't make his house payments. 

He was able to recover from his hardship and regain the ability to pay his mortgage. However, after falling so far behind, Citi didn't want him to resume making regular mortgage payments. They wanted a big check for all the missed payments plus fees, which he didn't have the cash to do. So he remained in default even though he could have made payments. This is a common scenario. 

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Topics: foreclosure defense attorney new jersey, foreclosure, citi loan modification, complete application scam

Loan modification denied because of “complete” application scam?

Posted by Maxwell Swinney

Tuesday, April 25, 2017

Loan modifications, which involve a permanent change to one or more of the terms of a mortgage, are often the only means homeowners who've fallen behind on their mortgage have to save their home. But they are quite difficult to get, and sometimes the bank denies that they've received a complete loan modification application, depriving the homeowner of vital protections against foreclosure.

To be eligible for a loan modification, a package called a Request for Mortgage Assistance, or RMA, must be submitted to the mortgage servicer. The RMA includes tax and income documents as well as an affidavit explaining the hardship that caused the default. 

Your mortgage company is not supposed to move forward with foreclosure when you have a complete loan modification application accepted and under review. Doing so would be engaging in something called dual-tracking, which is prohibited by mortgage servicing rules from the Consumer Financial Protection Bureau (CFPB).

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Topics: loan modification, Scam Alert, foreclosure, foreclosure fraud

About this Blog

Amerihope Alliance Legal Services is a leading loan modification and foreclosure defense law firm with attorneys licensed in 5 states. We have helped over 7,000 homeowners fight back and keep their homes.

Click to Read Our Super Loan Mod Success Stories

Our goal is to provide valuable information to help homeowners who are trying to obtain a loan modification or to stop foreclosure. You may schedule a free consultation at any time.

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