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.

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.

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!

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!