Foreclosure and Loan Modification Blog

4 Ways to Avoid Foreclosure at the Last Second

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.

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

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.”

[fa icon="clock-o"] Wednesday, May 17, 2017 [fa icon="user"] Maxwell Swinney [fa icon="folder-open'] loan modification, florida foreclosure attorney, foreclosure, housing market

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.

[fa icon="clock-o"] Saturday, May 13, 2017 [fa icon="user"] Maxwell Swinney [fa icon="folder-open'] foreclosure, personal finance, loan modification cost

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.

Loan modification denied because of “complete” application scam?

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).

[fa icon="clock-o"] Tuesday, April 25, 2017 [fa icon="user"] Maxwell Swinney [fa icon="folder-open'] loan modification, Scam Alert, foreclosure, foreclosure fraud

In late 2016 our firm was retained by a homeowner I'll call Juan Wilson to protect his privacy. Juan owned a home in Orange County, Florida. A truck driver, Juan encountered financial difficulties and prioritized payment on his truck over his home, defaulting on his mortgage in 2015.

There's a saying that goes “you can sleep in your car, but you can't drive your house to work.” That was doubly true of Juan since he made his living with his truck, and without it he wouldn't have the income to pay any bills.

Not paying his mortgage may have been the lesser of two evils, but it came with serious consequences. After not receiving their mortgage payments Juan's bank, Wells Fargo, started trying to foreclose. He was served with a summons and complaint in April of 2015 and made the mistake of not responding to it or raising any defenses.

CoreLogic Releases 10-year Retrospect of The Foreclosure Crisis

10th anniversaries are traditionally celebrated with gifts of tin or aluminum. But for the 10th anniversary of the foreclosure crisis, real estate data and analytics company CoreLogic has released a report analyzing a decade of foreclosures. How romantic! CoreLogic knows us so well.

It's called “10-year retrospect of the U.S. residential foreclosure crisis”. It shows that the housing market has improved dramatically from the worst of the crisis and “started to normalize, recording approximately 22,000 completed foreclosures a month.”

[fa icon="clock-o"] Wednesday, April 5, 2017 [fa icon="user"] Maxwell Swinney [fa icon="folder-open'] foreclosure, foreclosure crisis

You've only got one family, and supporting them when times are tough is the right thing to do. After all, they'd do the same for you.

But what if a member of your family has a problem that's too big for you to solve, like difficulty with their mortgage?

Over the past decade millions of people have been in just that situation. Since the Great Recession began, seven million homes have been in foreclosure! That's a lot of affected families.

And the foreclosure crisis isn't over. There are still thousands and thousands of homeowners either in foreclosure or on their way to it.

[fa icon="clock-o"] Thursday, March 9, 2017 [fa icon="user"] Maxwell Swinney [fa icon="folder-open'] foreclosure defense, foreclosure

If you live in a judicial foreclosure state and stop paying your mortgage, you will eventually become the defendant in a civil lawsuit.

The plaintiff, which is the party suing you, must go through the court system in order to foreclose on your house. But who will the plaintiff be?

It could be one of a few different parties or some combination of them. It could be the investor in your loan, your loan servicer, or a trustee that represents the parties with an interest in your mortgage.

Let's examine who those parties are, and what it means for you when fall behind on your mortgage.

[fa icon="clock-o"] Friday, February 17, 2017 [fa icon="user"] Maxwell Swinney [fa icon="folder-open'] foreclosure, foreclosure lawsuit

If you fall behind on your FHA-insured mortgage loan, you might be able to get help from something called a partial claim payment, which is a loan from HUD paid to your lender to avoid foreclosure.

To be eligible for a HUD partial claim you must have missed at least four payments, but no more than 12. And you have to show that you'll be able to pay your mortgage after the claim is paid, and that you will use the property as your primary residence.

[fa icon="clock-o"] Wednesday, February 8, 2017 [fa icon="user"] Maxwell Swinney [fa icon="folder-open'] foreclosure, HUD, partial claim

Foreclosure and Loan Modification Blog

4 Ways to Avoid Foreclosure at the Last Second

1. Loan Modification

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

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

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

Loan modification denied because of “complete” application scam?

Not Answering Summons and Complaint Made It Easier for Wells Fargo to Set Foreclosure Sale Date

CoreLogic Releases 10-year Retrospect of The Foreclosure Crisis

How Do You Help a Family Member in Foreclosure?

Who Is The Plaintiff In The Foreclosure Lawsuit Against You?

Could A HUD Partial Claim Help You Avoid Foreclosure?

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