Pending mortgage foreclosure case backlog down 75% from peak in Florida – What does this mean to you?

One of the many problems caused by the national mortgage foreclosure crisis from the last decade was the explosion in the number of foreclosure filings in Florida state courts. According to statistics published in a recent article on the Florida Courts (www.flcourts.org) website, the number of foreclosure filings rose to around 400,000 cases at the height of the crisis, as compared to the normal average of 70,000 or so in an average year.

This jump in filings caused a backlog that topped 300,000 cases in June of 2013. That is why virtually all foreclosure cases over the last 5 to 6 years have experienced many months and even years of delays working their way through our state court system. As of September of 2015, that back log amount has been reduced below 80,000 cases.

To read the entire article go to: http://www.flcourts.org/administration-funding/court-funding-budget/mortgage-foreclosure.stml

What does this mean to you if you are facing foreclosure right now? It means that your lender is most likely going to push harder and faster to try and seize your property, and get you removed from the premises. Gone are the days when you could stay in your property for years while the courts tried to figure out what to do with you. In addition, much of the leniency that was afforded to struggling home owners 5, 6 and 7 years ago has gone away.

You need to contact an attorney who specializes in defending your rights before it is too late. Many of the banks and other loan servicers have made it clear that they want your mortgage payments on time, and in full, or they will push for foreclosure in short order. They are also much tighter on granting mortgage modifications than they were back then, as well.

Before your lender takes your home, you need to talk with attorneys who are knowledgeable about keeping your home out of foreclosure. Korte & Wortman, P.A. will fight for your rights against any bank, loan servicer or their attorneys. The earlier you get us involved in your defense, the better chance we have of helping you keep your home.

Contact us at Korte & Wortman now. Check out our website to see our results: working with our 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/.

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.

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.

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!

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.

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!

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!