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/.

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.

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!

Federal loan modification programs extended a year – Florida has most people still in need of help

Earlier this year, the Federal Housing Finance Agency (FHFA) announced that it was extending two government loan modification programs from the end of this year to the end of next year (2016). Most home owners have heard of the first program, the Home Affordable Refinance Program, by its acronym, HARP. The second, lesser known program is the Home Affordable Modification Program. These programs were set up to help homeowners reduce their monthly mortgage payments by as much as $3,000 per year, according to the FHFA.

The extension was announced in response to the number of home owners who are eligible to apply but have yet to do so… 604,680 as of May of this year. Interestingly, the state with the most eligible borrowers who have yet to apply for either plan is right here in Florida. In fact over 13% of the total eligible home owners (81,422), reside here. And over 21% of those borrowers live here in south Florida, the largest percentage of any area in the state.

As this graph from Palm Beach Post writer Kimberly Miller’s article in May shows, after south Florida the second largest area of affected borrowers are in the Tampa-St. Petersburg-Clearwater area.

To read this article in its entirety, please go to: http://realtime.blog.palmbeachpost.com/2015/05/18/more-than-81000-florida-homeowners-missing-out-on-govt-loan-mod-help/

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 loan and mortgage modifications, then contact us at Korte & Wortman, P.A. Korte & Wortman is a law firm specializing in all aspects of real estate and home ownership law, including HARP and the Home Affordable Modification Program. We have had excellent results working with a number of clients to save them tens and even hundreds of thousands of dollars on their home loans. Check out a few of our many success stories on our website at http://foreclosurefactor.com/results/loan-modification-results/

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 HARP, loan modification, Dodd-Frank Act, foreclosure, bankruptcy and credit card situations.

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.

Dodd-Frank Act: how it came into being, and how it can help you as a home owner in mortgage trouble

The crisis that almost felled our country’s banking system in late 2008 was the culmination of years of poor financial policies at many levels, both from business and government. Although much of the blame does fall on the banks and other institutions in the financial industry, the federal government itself also accepts blame for the severity of the recession that followed.

“Our broken financial regulatory system was a principal cause of that crisis. It was fragmented, antiquated, and allowed large parts of the financial system to operate with little or no oversight. And it allowed some irresponsible lenders to use hidden fees and fine print to take advantage of consumers,” according to White House’s own article on the subject called Wall Street Reform: The Dodd-Frank Act.

While running for President Barack Obama pledged that if he won the job one of the first pieces of legislation that he would fight for would be a modernization of the laws governing the country’s financial system and Wall Street. The financial reform legislation that came out of that promise was the Dodd-Frank Wall Street Reform and Consumer Protection Act, passed into law in 2013.

The White House article goes on to say that “as the most far reaching Wall Street reform in history, Dodd-Frank will prevent the excessive risk-taking that led to the financial crisis. The law also provides common-sense protections for American families, creating new consumer watchdog to prevent mortgage companies and pay-day lenders from exploiting consumers. These new rules will build a safer, more stable financial system—one that provides a robust foundation for lasting economic growth and job creation.”

To read more on this article, please go to: https://www.whitehouse.gov/economy/middle-class/dodd-frank-wall-street-reform

One of the most important pieces of that legislation is the “consumer watchdog” that was created to prevent mortgage companies and other lenders from taking advantage of consumers. Over the next few blog posts we will offer more information on how 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.

West Palm Beach, Miami and Ft. Lauderdale bankruptcy courtrooms covert to digital audio recordings

On July 30th the United State Bankruptcy Court for the Southern District of Florida announced that it would be transitioning all bankruptcy court rooms district-wide to digital audio recordings (DAR) of all court proceedings starting on Saturday, August 1, 2015. Here are the contents of the press release from the Court:

“On August 1, 2015, the U.S. Bankruptcy Court for the Southern District of Florida [Miami Division] will transition to digital audio recording (DAR) of all court proceedings. The courtroom technology selected is ForTheRecord® (FTR). Installation of new hardware and software necessary to accommodate DAR has been completed district-wide in the Miami, Ft. Lauderdale and West Palm Beach bankruptcy courtrooms. For an interim period, requests for transcripts will continue to be submitted to the court-approved transcript reporting company, Ouellette and Mauldin until such time as we have had an opportunity to accept and review solicitations from transcription companies interested in being added to the court-approved list.

The court went on to state that all attorneys and other parties appearing in court needed to follow certain “guidelines” pertaining to the optimal use of the digital audio recording system in the courtrooms:

“As a reminder, we ask that you become familiar DAR etiquette and get in the habit of following these basic guidelines when appearing in all bankruptcy courtrooms:

1) Speak clearly and audibly into the microphones. Only one person at a time should be speaking,

2) Each time you speak, please identify yourself by stating your name and the party(s) whom you represent. Spell difficult names for the record,

3) The DAR is extremely sensitive to sounds. All side conversations in the courtroom may be recorded.

Please direct inquiries to: Webmaster_FLSB@flsb.uscourts.gov ”

For more information about bankruptcy court, the new digital audio recording (DAR) system and how it may affect your appearance in bankruptcy court, or if you are in need of a bankruptcy attorney or bankruptcy defense lawyer, please contact us at Korte & Wortman, P.A. at (561) 544-7071 or go directly to the bankruptcy page of our website, http://foreclosurefactor.com/practice-areas/mortgage-litigation/bankruptcy-faqs/.

We look forward to assisting you with any foreclosure, bankruptcy, credit card debt defense or other real estate legal questions or issues that you may have.

An article from the Assouline & Berlowe, P.A. law firm was read to help compile the new courtroom guidelines list used in this blog:  https://assoulineberlowe.wordpress.com/2015/07/29/shhhhh-in-the-courtroom-bankruptcy-court-goes-digital/

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!