Weak oversight allowing banks, other lenders to “dual track” in West Palm Beach

The early results from the 2012 national agreement to stop the biggest banks from abusing homeowners facing foreclosure are in – and they are bad, for the homeowners. According to a survey conducted by Politico.com, the 5 banks involved in that settlement have continued to take advantage of distressed homeowners.

Over 60,000 complaints have been filed with the Consumer Financial Protection Bureau (CFPB) since the beginning of 2014 alone, according to POLITICO’s review of the CFPB’s database. Those complaints center upon lenders either mishandling mortgage and home loan modifications or hurrying the foreclosure process (often referred to as dual tracking). What’s more, reviewers believe that the number of homeowners with complaints about unfair practices is actually low because so many homeowners still do not know that the CFPB exists.

“It’s troubling to hear that some consumers continue to experience mortgage servicing problems,” a spokesperson for Attorney General Cooper’s office in North Carolina said in an emailed statement. “While the 2012 settlement brought help to many homeowners who were wronged, it’s clear there’s more work to be done to stop unfair home loans and unnecessary foreclosures.”

Read more: http://www.politico.com/story/2015/09/foreclosures-mortgage-lenders-2012-settlement-banks-213322#ixzz3w81buXLv

Unfortunately, distressed homeowners both in the West Palm Beach area, throughout Florida and around the country are still being abused despite the Dodd-Frank Act, the 2012 settlement and other laws enacted to supposedly help homeowners. Many of the banks and other loan servicers have made it clear that they put profits before their customers’ needs. And trying to make sure you dot every “I” and cross every “T” when filling out and submitting modification and other forms might still not be enough to keep your lender from trying to take your home.

Before that happens, you need to talk with a law firm knowledgeable about getting your loans modified today. Korte & Wortman, P.A. will fight for your rights against the abusive practices of a greedy loan servicer. Or, you may need to explore your rights in foreclosure defense. If you need help with any type of problems you have with your mortgage or any other home loan, contact us at Korte & Wortman now. Do not wait for the worst to happen – let us work with you on your behalf NOW so that you and your family can stay in your home.

Korte & Wortman is a law firm specializing in all aspects of foreclosure including bankruptcy, mortgage debt, short sales, loan modification, predatory lending practices and Dodd-Frank Act violation litigation. We have had excellent results working with a number of clients to help them stave off foreclosure and save their homes by getting them the mortgage modifications and/or foreclosure defense they need. Check out a few of our many success stories on our website at http://foreclosurefactor.com/results/loan-modification-results/.

Our home office is based in West Palm Beach, at 2041 Vista Parkway, Suite 102. Call us at (561) 544-7071, stop in to our office, email us at vdinapoli@kwlawfirm.com or come to our website. Our firm represents clients in West Palm Beach, Palm Beach, Ft. Lauderdale, throughout the state of Florida and across the eastern seaboard. We also have offices in Sunrise and Clearwater, Florida.

Effect of rise in interest rates on home owners in West Palm Beach and throughout Florida?

The US Federal Reserve in Washington DC on a beautiful summer day

Yesterday, December 16, 2015, the Federal Reserve (the Fed) announced it was raising interest rates by 25 basis points. This means that it is increasing the target for short term interest rates to a range of 0.25% to 0.50% from a range of 0% to 0.25%. The move was particularly noteworthy because it marked the first time in 9½ years (since June of 2006) that the Fed has raised interest rates.

Most of the big banks, including Citibank, Wells Fargo and JPMorgan Chase followed the Fed’s move by increasing their prime lending rates from 3.25% to 3.5%, effective today. The rest are expected to follow suit shortly. The question for all of us consumers out there is: how will this affect my wallet/purse/bank account?

Although the answer to that question varies depending upon your personal situation, the general answer to the effect of this one ¼% rise is “Not much, for most of us, in the immediate future.”

The more important question for home owners in West Palm Beach, Ft. Lauderdale, Miami, Tampa, St. Petersburg, Clearwater or anywhere else in the state of Florida: is this a one-time event, or a change in policy by the Fed that signals more interest rate hikes ahead in 2016. Some economists, journalists and forecasters are predicting that this is just the beginning of a series of tightening moves by the Fed. If that is the case, then the effect, particularly here in Florida, will be significant.

Why? Because as we saw in 2008 through 2010 and even into 2011 and 2012, our local economy is particularly sensitive to what is happening in the real estate market. The economic crisis which was largely brought on by the collapse of the housing market hit Florida harder than almost every other state in America.

Only in the last two years or so have we seen our housing market finally bounce back (house prices went up 8.7% in Florida last year, the 3^rd fastest growth rate amongst states, according to an article on businessinsider.com). A significant rise in interest rates could cause the housing market to slow, which will most likely cause our local economy to slow or even go in reverse again. To read the entire article ranking the economies of all 50 states and Washington D.C. please go to: http://www.businessinsider.com/state-economy-ranking-july-2015-2015-7

That is the most important question to people who are involved in the real estate market here in Florida; particularly those of you who are already in a precarious position with your current mortgage or home equity loan. Sustained increases in interest rates could push you over the edge toward foreclosure.

Before that happens, you need to talk with a law firm knowledgeable about getting your loans modified today. Or, you may need to explore your rights in foreclosure defense. If you need help with any type of problems you have with your mortgage or any other home loan, contact us at Korte & Wortman, P.A. now.

Korte & Wortman is a law firm specializing in all aspects of foreclosure including bankruptcy, mortgage debt, short sales, loan modification, predatory lending practices and Dodd-Frank Act violation litigation. We have had excellent results working with a number of clients to help them stave off foreclosure and save their homes by getting them the mortgage modifications and/or foreclosure defense they need. Check out a few of our many success stories on our website at http://foreclosurefactor.com/results/loan-modification-results/.

Our home office is based in West Palm Beach, at 2041 Vista Parkway, Suite 102. You can call us at (561) 544-7071, stop in to our office, email us at vdinapoli@kwlawfirm.com or come to our website. Our firm represents clients throughout the state of Florida and across the eastern seaboard. We also have offices in Sunrise and Clearwater, Florida.

Sharing Foreclosure Defense Tools, Tips, Templates, and Statutes from Korte & Wortman, P.A.

At Korte & Wortman, P.A. in West Palm Beach, Florida, we believe that everyone who is faced with a potential foreclosure situation deserves assistance. Whether you are looking for a law firm dedicated to helping to keep you in your home, or just some good information that can help you to keep your fight going on your own. With that in mind here is information from Operation Restoration, a website dedicated to relaying the facts to the general public about foreclosure. “A national mission of Healing and Restoration, dedicated to telling the truth,” according to the organization’s mission statement.

Part 1: Self Help
The best pre and post foreclosure defense begins with preparation and study.  Since this field of litigation is more uncommon, it is recommended that you understand the concepts first, collect the required documentation, and then choose an attorney that can litigate Securitization, Chain of title, and Standing – or – another approach — Loan Origination (Truth in Lending, RESPA, HOEPA, Regulation Z) litigation.  Known foreclosure defense experts can be found here: Restore Team orhttp://www.maxbankruptcybootcamp.com/find-graduates .  Max Gardner trains attorneys across the country how to operate in the foreclosure and securitization arena. Neil Garfield also gives education and refers attorneys.
Note: Attorneys are not necessarily cost prohibitive.  It is advised that you self-help, prepare, and organize as much as possible and then consult a professional litigator to complete the legal process and litigation.  Because there are so few resources specially trained in this field, you are more likely to get affordable and competent help if you prepare UP FRONT.

•  Submit Modification or Short Sale Request (with required documentation) to your Servicer (last minute requests do stop foreclosure).  Note: See the 2 modification lessons (Making Home Afford. andTraditional)and Frequently Asked Questions and the Short Sale Lesson andShort Sale Frequently Asked Questions.

•   Contact the Executive Area of the Servicer.  See Executive Contacts.
Request the help of a CEO Level Representative for last minute foreclosure postponement and case escalation.

To read this entire article, please go to: http://www.operationrest.org/ForeclosureDefense

If you are in West Palm Beach, Ft. Lauderdale, Miami, Tampa, St. Petersburg, Clearwater or anywhere else in the state of Florida and in need of a law firm knowledgeable about foreclosure defense, then contact us at Korte & Wortman, P.A. Korte & Wortman is a law firm specializing in all aspects of foreclosure including bankruptcy, mortgage debt, short sales, loan modification, predatory lending practices and Dodd-Frank Act violation litigation. We also specialize in credit card debt defense.

We have had excellent results working with a number of clients to help them stave off foreclosure and save their homes by getting them the mortgage modifications they need. Check out a few of our many success stories on our website at http://foreclosurefactor.com/results/loan-modification-results/.

Our home office is based in West Palm Beach, at 2041 Vista Parkway, Suite 102. You can call us at (561) 544-7071, stop in to our office, email us at vdinapoli@kwlawfirm.com or come to our website. Our firm represents clients throughout the state of Florida and across the eastern seaboard. We also have offices in Sunrise and Clearwater, Florida.

Getting past the foreclosure stigma in West Palm Beach

There are many stigmas that have been associated with the word foreclosure: some being “irresponsible,” “careless” or even “un-American.” But what many people don’t realize is that there are a number of reasons why people go into foreclosure and many of them don’t have anything to do with poor money management.

It is highly unlikely that any American has gone into buying a home with the mindset that one day they will foreclose on their property. During tough economic times, even valuable employees can get laid off with nowhere to turn. Finances can change at the drop of a hat due to an illness or death in the family, and going through a divorce can cause significant changes to a person’s income. These are all factors that are somewhat uncontrollable.

Whatever the reason is that you are facing foreclosure, there is no need to be ashamed or embarrassed. At Korte & Wortman, P.A., we understand that trying to navigate through the foreclosure process can be stressful and intimidating. That is why before you take on this daunting process on your own, it is highly advisable to consult with an experienced foreclosure attorney.

Our firm takes foreclosure defense cases very seriously. We understand that nothing is more debilitating to a family than losing their home. It is by far most families’ biggest asset and the one that provides the most stability. We take immediate action, striving to avoid foreclosure and save your home. We will appear in court for you. Our lawyers understand what it takes to defend a foreclosure action in court. You can let the legal system work for you in the foreclosure. The banks and mortgage companies’ lawyers know the easy victory comes from those homeowners who do not defend themselves.

If you are injured by foreclosure, facing a deficiency judgement, have any other credit issue or are facing bankruptcy and do not know where to turn, then contact our attorneys at Korte & Wortman. Our law firm specializes in all aspects of foreclosure, loan modification, bankruptcy and Dodd-Frank Act law. In addition to using this blog as a helpful resource, please contact us directly if you have any questions or need help in any type of foreclosure defense or bankruptcy defense legal situation.

Our home office is based in West Palm Beach, at 2041 Vista Parkway, Suite 102. You can call us at (561) 228-6200, stop in to our office, email us at vdinapoli@kwlawfirm.com or come to our website at http://www.foreclosurefactor.com. Our firm represents clients throughout the state of Florida and across the eastern seaboard. We also have offices in Sunrise and Clearwater, Florida. Come to Korte & Wortman, P.A., where we save one home at a time.

Federal loan modification programs extended a year – Florida has most people still in need of help

Earlier this year, the Federal Housing Finance Agency (FHFA) announced that it was extending two government loan modification programs from the end of this year to the end of next year (2016). Most home owners have heard of the first program, the Home Affordable Refinance Program, by its acronym, HARP. The second, lesser known program is the Home Affordable Modification Program. These programs were set up to help homeowners reduce their monthly mortgage payments by as much as $3,000 per year, according to the FHFA.

The extension was announced in response to the number of home owners who are eligible to apply but have yet to do so… 604,680 as of May of this year. Interestingly, the state with the most eligible borrowers who have yet to apply for either plan is right here in Florida. In fact over 13% of the total eligible home owners (81,422), reside here. And over 21% of those borrowers live here in south Florida, the largest percentage of any area in the state.

As this graph from Palm Beach Post writer Kimberly Miller’s article in May shows, after south Florida the second largest area of affected borrowers are in the Tampa-St. Petersburg-Clearwater area.

To read this article in its entirety, please go to: http://realtime.blog.palmbeachpost.com/2015/05/18/more-than-81000-florida-homeowners-missing-out-on-govt-loan-mod-help/

If you are in West Palm Beach, Ft. Lauderdale, Miami, Tampa, St. Petersburg, Clearwater or anywhere else in the state of Florida and in need of a law firm knowledgeable about loan and mortgage modifications, then contact us at Korte & Wortman, P.A. Korte & Wortman is a law firm specializing in all aspects of real estate and home ownership law, including HARP and the Home Affordable Modification Program. We have had excellent results working with a number of clients to save them tens and even hundreds of thousands of dollars on their home loans. Check out a few of our many success stories on our website at http://foreclosurefactor.com/results/loan-modification-results/

In addition to using this blog as a helpful resource, please contact us directly if you have any questions or current legal issues in any type of real estate transaction. Our home office is based in West Palm Beach, at 2041 Vista Parkway, Suite 102. You can call us at (561) 544-7071, stop in to our office, email us at vdinapoli@kwlawfirm.com or come to our website at http://www.foreclosurefactor.com. Our firm represents clients throughout the state of Florida and across the eastern seaboard. We also have offices in Sunrise and Clearwater, Florida.

We look forward to helping you get the legal advice that you need in all HARP, loan modification, Dodd-Frank Act, foreclosure, bankruptcy and credit card situations.

Consumer Financial Protection Bureau offers database of consumer complaints to the public for first time

As part of our Federal Government’s effort to step up protection of you, the consumer, in the wake of the financial crisis we endured in 2008 and 2009, the Consumer Financial Protection Bureau (CFPB) was created as part of the 2010 Dodd-Frank Act. The CFPB’s website was opened in July of 2011. For the first time in June of this year the website, www.consumerfinance.gov made consumer complaints public:

According to Assistant Director Scott Pluta in a blog he released on June 25^th, “Today, for the first time, we are making consumers’ complaint narratives – the heart and soul of the complaints we receive – public. These narratives are important because they tell the story of what happened in the consumers’ own words. Making these consumer narratives public, amplifies the voice of the consumer.”

The release of these individual complaint submissions has been made public through a new forum called the “Consumer Complaint Database”. For the last 3 years the website had been sharing data compiled from consumer complaints to the public, but not the individual complaints themselves. The CFPB Assistant Director stated that the agency had been working on publishing the individual narratives for several years as the majority of the 627,000 consumers submitting complaints (approximately 59%) had said they wanted their experiences to be shared with the public.

Assistant Director Pluta stated, “After four and a half years of hard work, I am proud that the Consumer Complaint Database is now a reality. It reflects the commitment of our amazing team of dedicated public servants to empower consumers to make better decisions for themselves and their families. And now that it’s in your hands, it will help the financial marketplace run more fairly for all Americans.”

Visit the Consumer Complaint Database to read about consumers’ experiences, and if you’re facing a problem with a financial service or product you can submit a complaint and add your voice to the database: http://www.consumerfinance.gov/complaintdatabase/

The Frank-Dodd Act in 2010 was enacted to help protect the rights of consumers. One part of Frank-Dodd created the Consumer Financial Protection Bureau in 2011. This agency is offering help to millions of consumers who need a voice for protection against predatory lenders and lending practices.  The foreclosure and bankruptcy defense attorneys at Korte & Wortman, P.A. in West Palm Beach have the knowledge and information to help you to utilize the Dodd-Frank Act if you feel that you have been exploited by a predatory lender.

If you are in West Palm Beach, Ft. Lauderdale, Clearwater or anywhere else in the state of Florida and in need of a law firm knowledgeable about the Dodd-Frank Act, then contact us at Korte & Wortman, P.A. Korte & Wortman, P.A. is a law firm specializing in all aspects of real estate law, includingth Dodd-Frank Act. In addition to using this blog as a helpful resource, please contact us directly if you have any questions or current legal issues in any type of real estate transaction. Our home office is based in West Palm Beach, at 2041 Vista Parkway, Suite 102. You can call us at (561) 544-7071, stop in to our office, email us at vdinapoli@kwlawfirm.com or come to our website at http://www.foreclosurefactor.com. Our firm represents clients throughout the state of Florida and across the eastern seaboard. We also have offices in Sunrise and Clearwater, Florida.

We look forward to helping you get the legal advice that you need in all real estate, foreclosure, bankruptcy and credit card situations.

West Palm Beach, Miami and Ft. Lauderdale bankruptcy courtrooms covert to digital audio recordings

On July 30th the United State Bankruptcy Court for the Southern District of Florida announced that it would be transitioning all bankruptcy court rooms district-wide to digital audio recordings (DAR) of all court proceedings starting on Saturday, August 1, 2015. Here are the contents of the press release from the Court:

“On August 1, 2015, the U.S. Bankruptcy Court for the Southern District of Florida [Miami Division] will transition to digital audio recording (DAR) of all court proceedings. The courtroom technology selected is ForTheRecord® (FTR). Installation of new hardware and software necessary to accommodate DAR has been completed district-wide in the Miami, Ft. Lauderdale and West Palm Beach bankruptcy courtrooms. For an interim period, requests for transcripts will continue to be submitted to the court-approved transcript reporting company, Ouellette and Mauldin until such time as we have had an opportunity to accept and review solicitations from transcription companies interested in being added to the court-approved list.

The court went on to state that all attorneys and other parties appearing in court needed to follow certain “guidelines” pertaining to the optimal use of the digital audio recording system in the courtrooms:

“As a reminder, we ask that you become familiar DAR etiquette and get in the habit of following these basic guidelines when appearing in all bankruptcy courtrooms:

1) Speak clearly and audibly into the microphones. Only one person at a time should be speaking,

2) Each time you speak, please identify yourself by stating your name and the party(s) whom you represent. Spell difficult names for the record,

3) The DAR is extremely sensitive to sounds. All side conversations in the courtroom may be recorded.

Please direct inquiries to: Webmaster_FLSB@flsb.uscourts.gov ”

For more information about bankruptcy court, the new digital audio recording (DAR) system and how it may affect your appearance in bankruptcy court, or if you are in need of a bankruptcy attorney or bankruptcy defense lawyer, please contact us at Korte & Wortman, P.A. at (561) 544-7071 or go directly to the bankruptcy page of our website, http://foreclosurefactor.com/practice-areas/mortgage-litigation/bankruptcy-faqs/.

We look forward to assisting you with any foreclosure, bankruptcy, credit card debt defense or other real estate legal questions or issues that you may have.

An article from the Assouline & Berlowe, P.A. law firm was read to help compile the new courtroom guidelines list used in this blog:  https://assoulineberlowe.wordpress.com/2015/07/29/shhhhh-in-the-courtroom-bankruptcy-court-goes-digital/