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!

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!

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!