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.

Study shows credit card debt in south Florida / West Palm Beach area among highest % in the country

A recent study conducted by consumer watchdog website CreditCards.com reported that residents of south Florida, from Miami north through West Palm Beach carry the 4th largest credit card debt burden in the country. On average each south Floridian carries an average of $4,325 in credit card debt according to the study. Furthermore, it would take the average person over a year to pay off that debt if they started paying it off now and stopped using their credit cards until they were fully paid off.

That average credit card debt burden of $4,325 equals over 15.7% of the median individual income in our area, which is $27,453 according to published statistics from the U.S. Department of Justice. Median household income is $47,463 according to the latest Census survey in 2014. What do all of these facts and figures mean to you as a resident here in West Palm Beach?

In an article published by Kenny Malone on the WLRN website regarding the study, he quoted CreditCards.com senior industry analyst Matt Shulz who said “It certainly seems that Miami residents are putting a little bit more than they can afford on their cards. You know, as evidenced by the fact that we see that it would take the average person in Miami about 14 months and about $350 in interest to pay off their credit card debt… That’s a long time and a lot of money.”

To read this entire article please go to: http://wlrn.org/post/study-south-florida-fourth-worst-credit-card-debt-burden-country

The South Florida Business Journal also highlighted a study from the credit agency Equifax that although south Florida has seen a significant dip overall in consumer debt over the last year, that in fact “In the auto, bank credit card, and retail card category, South Floridians incurred 11 percent more debt in the 12 months leading up to March 31 (2015).” http://www.bizjournals.com/southflorida/news/2015/05/05/south-florida-has-greatest-dip-in-consumer-debt.html

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 credit card debt issues, then contact us at Korte & Wortman, P.A. Korte & Wortman is a law firm specializing in credit card debt defense and defending our clients in all aspects of consumer debt issues including bankruptcy, mortgage debt, foreclosure, Deed in Lieu and short sales. We have had excellent results working with a number of clients to save them tens and even hundreds of thousands of dollars on their credit card debt, mortgage modifications, Dodd-Frank Act cases and other consumer loan issues. Check out a few of our many success stories on our website at http://foreclosurefactor.com/practice-areas/credit-cards/

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.

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.

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!