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.

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.

Dodd-Frank Act – a primer from Korte & Wortman, P.A.

The Dodd-Frank Wall Street Reform and Consumer Protection Act (known by the common term of the Dodd-Frank Act) has had a profound effect on lending practices here in Florida, particularly since the Mortgage Reform and Anti-Predatory Lending Act section (Title XIV) was enacted early in 2014. This groundbreaking piece of legislation is meant “to assure that consumers are offered and receive residential mortgage loans on terms that reasonably reflect their ability to repay the loans and that are understandable, and not unfair, deceptive or abusive,” according to its creators.

Part of this legislation’s mission is to amend both the Truth-in-Lending Act (“TILA”) and the Real Estate Settlement Procedures Act (“RESPA”). The Dodd-Frank Act requires that a lender in a residential owner-financed transaction must determine at the time credit is extended that the buyer/borrower has a “reasonable” ability to repay the loan. If the lender did not properly investigate your credit worthiness, your lender could be subject to fines and other penalties.

Therefore, if you have entered into a mortgage contract since the beginning of 2014 and are now facing foreclosure, bankruptcy, or some other form of financial distress that is threatening your property, then you need to seek out a knowledgeable defense lawyer to discuss all of the legal options you have available to you.

In addition, you may be entitled to refunds or other financial benefits if your loan did not disclose many different pieces of information to you, including deficiencies in the home like Chinese drywall; hidden penalties for prepayment of your mortgage; or other information that may have altered the value of the home.

At Korte & Wortman, P.A. we have attorneys who are well-versed in the Dodd-Frank Act mortgage reform legislation that was enacted in 2014. We have already been able to help clients navigate this legislation to get the money they deserve from lenders who have tried to take advantage of them in the form of fees, hidden charges and other predatory lending practices.

Our South Florida firm is one of the few in the state that handles cases involving legislation in the new Mortgage Reform and Anti-Predatory Lending Act.

To learn more about the Dodd-Frank Act please visit this page on our website at http://foreclosurefactor.com/the-dodd-frank-act/ or call us directly at (561) 544-7071 for foreclosure prevention or defense against any lender who may have violated your rights under the rules of the Mortgage Reform and Anti-Predatory Lending Act throughout the State of Florida. We can help you TODAY!

Real world effects of Dodd Frank Act on lending over the last five years

In response to the approximately 8 million homes that fell into foreclosure during the financial crisis in 2008 through 2010, the Dodd Frank Act was made into law by Congress in 2010. With it Dodd Frank brought numerous rules that were meant to safeguard consumers – and the economy in general – against a variety of “predatory” lenders and unfair lending practices.

The 5-year anniversary of the enacting of this historic financial reform legislation was recently passed. As a result several of the biggest financial news outlets including CNBC marked the occasion by looking at the effects that the Dodd Frank Act has had on financial reform in its first 5 years of existence. CNBC Real Estate Reporter Diana Olick published an article looking at both the good and bad effects that Dodd Frank has had on the United States (and Florida) housing market.

Olick’s (and many other experts in the financial industry’s) conclusion? Dodd Frank has made it significantly tougher to get a mortgage or any other type of loan instrument, particularly if you do not have the financial means or history to prove your credit worthiness. In addition, the cost to lenders has risen significantly, and on several levels, due to the extra time and effort that must be put into the additional paperwork, background checks and other compliance stipulations required by the law.

According to a recent study by the Mortgage Bankers Association cited by Olick, lenders are taking longer to process loan applications, and are able to process only about 20% of the number of applications per month today as compared to 2005. Olick concluded, “The home loans being made today are arguably the most pristine in history. New default rates are at record lows. All that, however, comes at a cost to lenders, borrowers and the overall health of the housing market itself.”

To read Diane Olick’s entire article, please go to: http://www.cnbc.com/2015/07/16/how-dodd-frank-changed-housing-for-good-and-bad.html

A perfect example of every law meant to fix a situation has both good and unintended consequences. On the bright side, the rampant predatory lending issues from 10 years ago have been curbed to a significant degree, a clear sign that the law is having positive effects, as well.

The Foreclosure and Bankruptcy Defense Attorneys at Korte & Wortman, P.A. 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, including the 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 that might related to predatory lending, foreclosure, bankruptcy or credit issues. Our main office is based in West Palm Beach, at 2041 Vista Parkway, Suite 102. We also have offices in Sunrise and Clearwater, Florida.

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 predatory lending, foreclosure, bankruptcy and credit card situations.

The knowledge and experience you need if you are facing foreclosure in West Palm Beach, Florida

Recent news in the real estate market seems to be all positive for anyone who owns a home. Just last week the Realtors Association of the Palm Beaches announced that home sellers in Palm Beach County are getting 94% of their asking prices, 3.3% more for their homes than a year ago, and their homes are staying on the market for an average of only 38 days. The percentage of homeowners who are underwater on their mortgage is down from 24% in 2014 to just 16% this year.

To read more, please go to: http://www.rapb.com/realtors/industry-news/blog-posts/rapb-blog/2015/08/20/palm-beach-county-home-sales-dropped-to-38-median-days-on-market

All of those numbers sound great. But what if you are part of that 16% who is still underwater, and no longer can afford to stay in your home? The reality for those of you in this situation is much less rosy. In fact, lenders have started coming down hard on homeowners who can’t keep up.

Lenders including the banks have become more aggressive with their foreclosure procedures. They are no longer being as lenient with those who are in trouble with their mortgages. And then, they are adding a double whammy by using “deficiency judgments” against the deposed homeowner after the foreclosure, deed-in-lieu or short sale is complete. A deficiency judgment is a personal judgment against you for the difference between your home’s sale price and the original loan balance.

If you are facing foreclosure, or a deficiency judgment situation, you should not try to face this situation alone. You can cost yourself tens of thousands if not hundreds of thousands of dollars if you do not know what to do. You need a lawyer who will fight for your rights, and your money.

Brian K. Korte is a founding partner of the law firm of Korte & Wortman, P.A., and concentrates his area of practice in mortgage foreclosure defense, credit card defense, trial litigation and personal injury. He represents thousands of clients throughout the State of Florida. Mr. Korte is a noted speaker on the foreclosure defense lecture circuit and has given countless lectures for Foreclosure Seminar Services and the Foreclosure Defense Tactics Group.

Prior to co-founding the firm, Mr. Korte practiced in the area of consumer litigation and has an extensive background in personal injury litigation. As a result of his courtroom successes, he saved over 3,000 homes through loan modifications as well as over 150 case dismissals, where the bank was unable to prove their case, resulting into the borrower’s mortgage completely dismissed.

Mr. Korte is an advocate for his clients, helping each one find the right solution for their family. His specialties / Area of Practice:

• Mortgage Foreclosure Defense
• Credit Card Defense
• Trial Litigation
• Personal Injury

His Bar Admissions include:

• Federal Bar
• The Florida Bar Association-Young Lawyers Section
• Palm Beach County Bar Association

Brian is also an active member of his local community in Wellington where he volunteers his time with the Wellington Soccer Academy and Wellington Youth Baseball.

Facing foreclosure can be a homeowners’ worst nightmare. If you are in this situation, facing a deficiency judgement, have any other credit issue or need an attorney for any real estate transaction in West Palm Beach or anywhere else in the state of Florida then contact us at Korte & Wortman, P.A. To learn more about Brian Korte, please go to http://foreclosurefactor.com/attorneys/brian-k-korte/.

Korte & Wortman, P.A. is a law firm specializing in all aspects of real estate law. 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 of lawyers 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 best settlement or price possible in all of your real estate transactions!

Should you start missing mortgage payments to get a loan modification from your lender in West Palm Beach?

There are many circumstances that may occur that can cause a property owner to get behind on his payments. Some of which include an illness or death in the family, loss of a job, adjustable rate loans, divorce, credit card debt, and gambling and substance abuse problems.

During the last few years, particularly at the depths of the mortgage crisis, that was the type of advice that seemed to be going around from loan experts and even some lenders. More recently, lenders have started singing a different tune.

According to Marcie Geffner at Bankrate.com “If you’ve been tempted to skip a few mortgage payments to try to convince your lender to modify your loan, you may want to resist that temptation. Whether your goal is to stave off foreclosure or just make your payments more affordable, experts say deliberate delinquency is not as smart an idea as it may seem.

The bottom line is that:

• If you can make your payment, you should do so.
• If you can’t, you shouldn’t.
• If you’re in between, you should get help to assess your situation.

“Back in the day, (lenders) would only provide modifications to people who were significantly behind because that evidenced that they truly needed the loan modified. They were of that mindset, and they didn’t realize the enormity of the problem,” says Gail Cunningham, a spokeswoman for the National Foundation for Credit Counseling in Silver Spring, Md. “But now, they’ve realized that the logic of making someone become delinquent and dig a deep financial hole before you help them was really not good for anyone.”

Loan modifications extended to nondelinquent borrowers

That new thinking can be seen on some, though by no means all, of the lenders’ Web sites, which have been updated to suggest, however subtly, that a late payment may no longer be a prerequisite to a loan modification. Here are two examples:

Chase’s Web site states: “If you are current on your mortgage, but have had (or are facing) a change in personal circumstances, such as an uncontrollable reduction in income or increase in payment that will create a financial hardship, and feel you are at risk of losing your home, your next step will be to determine if you may qualify for loan modification.”

Bank of America/Countrywide’s Web site states: “If you think you might fall behind on your payments or have already missed a payment, our specialists will work with you to determine your eligibility for one or more of these potential solutions: refinancing, extending the term of the loan, interest rate reductions, temporarily freezing monthly mortgage payments, extended repayment schedules (or) decreasing the principal balance of the loan.”

Christine Holevas, a spokeswoman for JPMorgan Chase in Chicago, declined to comment on whether homeowners should make a late payment to better their odds of a loan modification. But she reiterated the standard advice that you shouldn’t wait until you’ve missed a payment to contact your loan servicer. Instead, you should pick up the phone as soon as you believe you may be in danger of delinquency. “If you think you’re in trouble, contact your servicer. You do not have to be late. You do not have to have missed a payment. Contact your servicer so they will know and they can start the process,” she says.

Missed payments now often disqualify borrowers

The federal government’s new Making Home Affordable plan may be another reason why lenders have tweaked their policies with respect to delinquency and loan modifications. The new plan, which includes a loan modification program and a refinance program, offers lenders new incentives to participate.

The loan modification program is open to borrowers who have missed one or more payments, but a missed payment is not a requirement. In fact, the FAQs for this program state that “responsible borrowers who are struggling to remain current on their mortgage payments are eligible if they are at risk of imminent default.” Risk of default might involve a mortgage payment that has reset and is no longer affordable, a significant loss of income or other types of hardships.

Read more: http://www.bankrate.com/finance/mortgages/should-you-skip-your-mortgage-payment-1.aspx

Most people feel overwhelmed when they can’t make their mortgage payment. If you find yourself in this situation, then contact us at Korte & Wortman, P.A. To learn more about how we can help you with your foreclosure defense or give you the best advice if you are hoping to get a modification of your mortgage, please go to http://foreclosurefactor.com/practice-areas/mortgage-modification/.

Korte & Wortman, P.A. is a law firm specializing in all aspects of real estate law. 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 best settlement possible in all of your real estate transactions!

Answers to some of your important questions regarding Pre-foreclosure and Foreclosure issues in Florida

Q.: What is a foreclosure?

A.: When a secured creditor, usually a bank, attempts to recover monies owed to them based on a promissory note by selling the collateral. In more simple terms you have probably borrowed money from a bank or mortgage company in order to purchase or refinance a home. In exchange for lending you the money, you made a promise that if you could not pay them back they could take the house back.

Q.: Can the bank just come and kick me out of my house?

A.: No. Only an order of the court can force you to leave your home. Ultimately you may be evicted but there are procedures within the court system that the mortgage holder must follow first for the foreclosure and then another set for the eviction.

Q.: What are some of the pre-foreclosure steps I need to be aware of?

A.: In Florida, the pre-foreclosure timeline is as follows:

1. You are late with payments
   1. The process begins when you, the holder of the mortgage, are late with payments. You are still living in your house at this time. Here is what happens before the legal timeline for foreclosure starts ticking.

2. Mortgage and Note
   1. Two of the documents that you signed when you purchased your home were the Mortgage and the Note. The Mortgage states that your property is security for the debt owed to the bank. The Note is your promise to pay. The Mortgage is the legal document the bank will use to reclaim your home if you default in your payments.

3. Notice of Default
   1. When you fail to make the payments as promised, the mortgage lender will file a civil action Complaint against you by sending you a written Notice of Default. Basically, this notice means you have defaulted on the signed contract – the mortgage agreement – on your home.

The Notice of Default marks the line of demarcation between pre-foreclosure and foreclosure.

Q.: How long does it take to foreclose on a property in Florida?

A.: Depending on the court schedule, it usually takes approximately 180-200 days (6 to 7 months) to effectuate an uncontested foreclosure. This process may be delayed if the borrower contests the action, seeks delays and adjournments of hearings, or files for bankruptcy. It will also depend a great deal on your mortgage holder and how aggressively they pursue your case.

Q.: Once the foreclosure process starts is there anything I can do to stop it?

A.: Yes. If working from your first late payment there are at least 10 or 20 different ways to resolve the situation. The longer you wait, however, the more some of these options will become unavailable.

Q.: At what point will I have absolutely no options left?

A.: Never. You have not lost until you have decided the fight is over.

Do not let foreclosure proceedings against you go uncontested. You do have rights, right up until you decide the fight is over. Korte & Wortman, P.A. is a law firm specializing in all aspects of real estate law, including pre-foreclosure and foreclosure proceedings. 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 best settlement possible in all of your real estate transactions!

Your have rights in Foreclosure proceedings in Florida – learn what they are before taking action

At Korte & Wortman, P.A. we have the experience and expertise to help homeowners and condo owners that are facing a potential foreclosure. Our attorneys have almost 6 decades of combined experience  in helping people just like you reach your ultimate goal – whether your goal is to keep your home, liquidate your home or short sale your home. Whatever your goal is, let us help you.

In the State of Florida, you only have twenty (20) days to respond to a pre-foreclosure complaint. It is critical to meet with a knowledgeable foreclosure defense lawyer to discuss the legal options available to you.

Foreclosure is an action by the bank to take back your property. You have the right to fight that action. The bank’s foreclosure lawyers must take specific steps in order to have the right to foreclose. In most cases, the court will take between 5 to 10 months to enter a final order in a foreclosure action. This time allows you or your foreclosure attorney to take action to save your home.

Additionally, almost all mortgages in the state of Florida give you or your defense attorney the right of “reinstatement.” This means at any time during the foreclosure litigation if the borrower comes up with the money for the late payments or can make a deal with the bank, the bank then legally must dismiss the foreclosure action.

Most people feel overwhelmed when they get sued for foreclosure–they move out of the house or sign the house over, not knowing that by hiring an attorney and fighting this action it is very possible to save their home, without filing bankruptcy. That is just one of the many reasons that if you get sued for foreclosure, you need to NOT panic – and instead contact us at Korte & Wortman, P.A. To learn more about how we can help YOU with your foreclosure defense, please go to http://foreclosurefactor.com/practice-areas/foreclosure/.

Korte & Wortman, P.A. is a law firm specializing in all aspects of real estate law. 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 best settlement possible in all of your real estate transactions, including Foreclosure!