January 19th, 2012 by nick
The Playoffs have begun and there are four teams in the NFC Playoffs that have a chance to really make it to the Super Bowl. The Packers, Saints, Giants and the 49ers are all in contention to take their desired spot at the Super Bowl and though all four teams are extremely talented, only one team will prevail.
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The team from Green Bay undoubtedly had one of the most compelling regular seasons in league history as they were one win shy of a perfect regular season before the lowly Chiefs were able to steal a win. This team is certainly ready to make it to the Super Bowl, but they must first defeat the New York Giants.
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The San Francisco 49ers are absolutely one of the shockingly successful teams of the year and they just may be the favorites in the NFC. With home field advantage and a strong defense, the 49ers will surely take this matchup over the Saints.
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September 9th, 2011 by nick
For many homeowners facing eviction from their home, hiring a loss mitigation professional can make a great difference in reducing levels of stress and having the best opportunity to put together a plan with the lender. Loss mitigation companies are able to work with mortgage lenders for solutions that allow homeowners to escape from the foreclosure situation and establish a reasonable payment agreement going forward.
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However, it is essential that homeowners know when to take advantage of the help of a loss mitigation professional, and when the likelihood of success may be small. Especially if the mortgage company has rejected a foreclosure victim’s loss mitigation request because that alternative had already been used but failed, the bank may not be willing to reopen negotiations.
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The issue in that case should be, what makes the homeowners think any other company is going to be able to negotiate a better result at this point? Loss mitigation companies may be able to speak with the bank, but if the homeowners’ financial circumstances have not changed appreciably, then the negotiations may turn out to be a waste of effort.
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August 30th, 2011 by nick
One huge obstacle for any mortgage modification plan is the pooling and servicing agreement (PSA). This is the agreement that details terms affecting how loans are pooled, securitized, sold to investors, and then serviced by other corporations. And one of the restrictions many of these agreements contains makes it almost impossible for certain homeowners to be offered a modification.
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In fact, some pooling and servicing agreements state that no more than 5% or 10% of the loans contained in the pool can be offered mortgage modifications in the case of default. So the US Treasury Department, in reporting that 9% of debtors who qualify for plans have been offered modifications, is simply reporting information that could have been guessed at just by looking into the structure of the mortgage agreements.
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These agreements set a limit to how many loan modifications can be offered by servicing companies, and these servicers may face liability from the trusts or investors that own the underlying loans if they offer too many workout plans to debtors. They may find themselves in breach of the servicing terms they agreed to, even though it would allow more debtors to avoid foreclosure, and they are not willing to take this risk.
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August 29th, 2011 by nick
If you have fallen behind in your mortgage payments, you could qualify for financial assistnce in the form of a government-assisted mortgage modification. This means that your mortgage will be slightly altered in order to lower your monthly payments.
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If you qualify for a mortgage modification, you should remember that this may be for a very defined time frame. At the end of the modification, your monthly payments will slowly go back up to the original amount. However, you will not owe any missed payments, as long as you successfully finish the plan.
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If you qualify as a high level borrower, you will have to attend some debt counseling classes approved by the Department of Housing and Urban Development. Also, the amount you owe on your home without interest must be less than $279,750.
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August 25th, 2011 by nick
Regardless of how reasonable a mortgage product homeowners may have been offered at the time of purchasing a house or refinancing, things can swiftly go from bad to worse if a predatory mortgage servicing company is involved.
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These companies are hired by large financial investment banks to receive payments on mortgages and keep track of all of the costs, as well as proceed with a foreclosure if need be. However, their first task is to maximize the profit of every mortgage they service, which may lead to instances of corruption and abuse.
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The servicer eats up the equity by imposing miscellaneous fees, and then turns a profit when the home is sold on the market after a foreclosure sheriff sale. This results in greater, much faster cash flow for the investors than if the mortgage was administered properly and paid off over time.
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August 23rd, 2011 by nick
For many debtors facing the loss of their home, hiring a loss mitigation company can make a huge difference in decreasing levels of stress and having the best opportunity to put together a solution with the bank.
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Loss mitigation organizations are able to work with lenders for solutions that allow homeowners to escape from the foreclosure situation and begin a reasonable repayment plan going forward.
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However, it is important that homeowners know when to take advantage of the services of a loss mitigation professional, and when the chances of success may be low.
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August 14th, 2011 by nick
Once foreclosure victims take out a payday loan to make the house loan payment, they can easily fall into a cycle of not having enough money to pay back one or the other, and then not having enough money to pay back either loan.
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Even if the loan is only a few hundred dollars, interest rates can be several hundred percent, and the term of the loan is usually very short. Homeowners may not want to find themselves in a position where they only have a couple weeks to repay a loan with an annual 800% interest cost.
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We have gotten emails from debtors in exactly this situation, who first took out several payday advances in order to pay the mortgage, but wound up having to take out more of them just to pay back the previous ones.
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August 10th, 2011 by nick
The most typical feeling experienced during the process of a foreclosure is fear. And usually that fear comes from not knowing what will happen. If you fear that you could be thrown out of your property onto the street at any moment, that is understandably going to create some pessimism in your life.
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Fortunately, the reality is that foreclosure is a predictable process. There are always detailed notifications and time periods required before a sheriff sale can take place. And even after the sale, it can usually take weeks or months before you have to vacate the property.
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Provided you do your research or consult with a professional in the process, you won’t really have any surprises, and most likely will have enough time to work out other living arrangements.
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July 29th, 2011 by nick
At the end of the foreclosure process, once all of the notices have been sent and published and the lawsuit has ended, a public auction is held to dispose of the property. This typically called a sheriff sale or trustee sale, and is the event during foreclosure where borrowers’ ownership interest is transferred to the buyer at auction. But sheriff sales do not always go smoothly, and homeowners may need to find out if their home was sold or not.
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For instance, if the lender called off the scheduled sale for any reason, homeowners may believe that their property was sold out from under them when they are, in fact, still the owners. Banks cancel auctions for any number of reasons, from not having an inspection done, to waiting for an appraisal, to a response by a request for more time from the borrowers themselves.
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Another factor that may cause a sheriff sale to be scheduled but not confirmed is if a third party bids on the home, wins the auction, but can not pay the purchase price. If this is the case, the property may have to be put up for auction again, in the hope of finding a more willing and able buyer. If this happens, though, homeowners may not even know the first auction did not count, as they assume the house was sold and paid for.
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July 22nd, 2011 by nick
In the event of a disaster, Fannie Mae requires foreclosing servicing companies to reconsider evicting homeowners, especially if there is a lack of available housing. If the mortgage servicer and its attorneys decide not to proceed with an eviction, they may charge the former owners rent on a month-to-month basis, depending on what the borrowers can afford.
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Having a full foreclosure or a bankruptcy on one’s credit report is typically fatal to new mortgage applications for the first two years after the incident. A deed in lieu of foreclosure is viewed as just one small step below having a full foreclosure. Thus, the main benefit of the deed in lieu is to transfer the property sooner and get through the two-year period where it will be almost impossible to obtain a new mortgage.
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If a mortgage is held by the federal government or insured or guaranteed by it, certain regulations determine how servicing companies should proceed with foreclosure. If these procedures are not followed, homeowners may have more defenses to foreclosure, including a full legal defense based on the servicer’s failure to offer assistance or service a loan properly.
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July 21st, 2011 by nick
Redemption rights may extend the rights of the borrowers even longer. In states that have a redemption period, the borrowers are given a set period of time in which to cure the default even after the home has been auctioned at a trustee sale. But for those homeowners in states where a redemption period is not available, filing for bankruptcy may create a pseudo-redemption period through the right to cure.
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However, rulings by state courts on this issue may determine how long this extra right to cure lasts. Some courts have ruled that the foreclosure sale process is completed once the gavel falls at the auction. In these cases, filing bankruptcy will not extend the time to cure the default for any significant period of time. Once the auction has been conducted, the sale process is complete, and the right to cure has expired.
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Other courts, however, have ruled that the sale process is not completed until the appropriate company or government agent has executed a transfer deed after the sale, the purchase price of the auction has been paid in full, and the sale has been confirmed by the court. In these states, homeowners may be able to file bankruptcy and have the property listed as a part of the bankruptcy estate and turned over to the trustee.
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July 18th, 2011 by nick
Loan modification is the latest trendy method to stop foreclosure, with numerous government programs subsidizing lenders and homeowners. Thousands of foreclosure consulting firms offering to help borrowers negotiate with the banks (for a fee) have also cropped up all across the country.
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While modifying the terms of a mortgage can be a great plan for some borrowers, few people have really questioned how a modification will be reported to the credit agencies. They are somewhat similar to refinancing a home, entering into a forbearance agreement with a lender, and even filing a Chapter 13 bankruptcy.
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Government rules, until very recently, have also been unclear as to how lenders should report a loan modification on clients’ credit histories. Some banks would have the record state “paid as agreed,” while others would designate the payments as “partial payments.” Some would even just keep the loan in a state of “foreclosure” until the temporary modification or repayment plan was completed.
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July 12th, 2011 by nick
A Chapter 13 bankruptcy puts the entire debt collection process on hold to give the filers time to work out a court-approved repayment plan for a portion of their debts.
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Thus, because the process is on hold, a loan modification can not be enacted while a mortgage is currently under the supervision of the Chapter 13 trustee.
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However, it is possible to negotiate a modification of a loan with the mortgage lender during the bankruptcy. But it will be necessary to have the bankruptcy case voluntarily dismissed before the modification can be finalized and put into effect. Banks may not be willing to negotiate with the borrowers under the circumstances of a Chapter 13, though.
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