Articles Posted in Mortgage issues

Published on:

By

Now that the real property market is at it’s high, we are seeing many more second mortgages seemingly coming out of the woodwork.  Despite years of inactivity, including no communications with a borrower, second mortgages are now threatening foreclosure if payments aren’t resumed to them.  What can you do if you hear from a second mortgage which you thought was charged off, included in a government settlement back during the foreclosure/financial crisis, discharged in bankruptcy or maybe included in a prior loan mod?

Besides filing a Consumer Financial Protection Bureau complaint, which we recommend, there are a number of defenses that we utilize to prevent a foreclosure.  The first involves raising federal statutory protections which require notice to the borrower of transfer of ownership, transfer of servicing and periodic statements.  Failure to comply with any of those requirements under the Truth in Lending Act (“TILA”), and the Real Estate Settlement Procedure Act (“RESPA”) can create statutory and actual damages.

Bankruptcy may present options to either pay off the second mortgage under terms you can afford, or even strip it off the property in the right circumstances.  You can challenge the amounts owed by objecting to any proofs of claim filed in a bankruptcy.  You can also surrender the house and discharge any remaining debt.

Continue reading →
Published on:

By

arkovich_law-narrowHave you received a verbal forbearance of your mortgage payment?  But nothing else?  Mortgage servicers have certain responsibilities by law.  If you have received a verbal approval of your mortgage forbearance, but haven’t received anything in writing confirming this, not to mention advising what terms are, payment restart date etc. you have recourse under various consumer laws.

Reg X 1024.41(c)(2)(iii) requires a servicer to confirm the terms of the forbearance in a written notice sent to the borrower promptly after the forbearance is granted.  A servicer is also required to continue to send periodic statements while you are in forbearance at least until the effective date of any servicing transfer to another party.

If you have questions about your mortgage, and how to catch up or reduce your payments via a forbearance, loan modification or even a Chapter 13 bankruptcy, please consider reaching out to us.  Also, it’s often far cheaper to address problems early if you can and you may have more options the earlier you reach out.

Continue reading →
Published on:

By

arkovich_law-narrowWhat to expect if you cannot pay your mortgage – This timeline comes directly from the Department of Housing and Urban Development, in other words, HUD:

  • First month missed payment: The lender will contact the buyer by a letter or phone.
  • Second month missed payment: The lender will begin calling to discuss why payments have been missed. At this point, the buyer might be able to make a payment to prevent further acceleration.
Continue reading →
Published on:

By

arkovich_law-narrowOnce you get out of the habit of making a mortgage payment, it’s hard to get back to making that large payment every month.  This is particularly true, with student loans also restarting payments now.

What do we do that can help solve this problem for you?

We litigate mortgage claims, assert consumer defenses when available and defend foreclosures in Florida.  State law relating to foreclosures vary widely and we limit our practice strictly to Florida for mortgage related issues, generally in the counties surrounding Tampa Bay.  We’re a member of a local Tampa Bay foreclosure defense attorney group, and NACA which is a national consumer advocacy group where consumer attorneys share ideas, tips and trends.

Continue reading →
Published on:

By

arkovich_law-narrowThe regular FHA HAMP loss mitigation programs will remain in suspension until October 30, 2024 – next year!  All foreclosure sales are to be suspended until the same date.  Same with Deed in Lieu negotiations.

So what does that mean?

All borrowers who are already in default or at risk of imminent default are supposed to be evaluated under the expanded guidelines of the Covid 19 Recovery Option program.  These provisions could be terminated early by Congressional action, executive or agency rules.

Continue reading →
Published on:

By

arkovich_law-narrow“When do you need a foreclosure attorney?” was one of our highest performing videos last month.  That has motivated me to prepare a series of blogs, guides and new videos to help consumers learn about their options and what they should be aware of when they are behind in their mortgage payments.  This information is not intended to help someone represent themselves in a foreclosure action.  That can get complicated and most people are not well suited to litigation.  But this information should help a homeowner know what options are available, where to turn, timelines, and likely outcomes.  All of that is necessary whether you are planning to keep a home or letting it go.

So why is this coming up now?

As of August 2023, many covid-19 related moratoriums have expired and have unplugged the pipeline of distressed properties.  We are now at about 100,000 foreclosures nationwide, where in 2008 through early 2010 we had over 900,000 homes in foreclosure nationwide.

Continue reading →
Published on:

By

arkovich_law-narrowThe FHA Covid-19 Forbearances allow for reduced or suspended payments without specific terms of repayment, for six months at a time, up to 18 months.  Deadline for applications was May 11, 2023.  The end of the health emergency is now over.  If you’ve lost your income, job change or divorce for instance, you may have qualified for this relief.

A FHA Covid-19 Modification is called Advance Loan Modification.  If a mortgage loan is in forbearance, the review will occur within 30 days of forbearance ending.  For those mortgage loans are not in forbearance, if the loan is 90 plus days delinquent it must be reviewed for a modification offer on or before 10/30/2024.  This is still in effect!

January 2023 new guidelines:  a substantial change is that the guidance now applies for non-occupied borrowers.  Some other notes:

Continue reading →
Published on:

By
By now everyone (our attorney friends) has probably watched a CLE on the new DOJ Guidance to discharge federal student loans, but do you really understand how to do the process?
We are on a panel set up by the Bransons in Orlando doing an all-day workshop via Zoom on 4/3/23 for the step-by-step process. Including how to draft complaints, serve summons properly, how to fill out the attestation form, what/when to give the DOJ information, and how to get paid. Most likely this will be a $2,500.00 no look per creditor for student loan adversary or you can file a fee application.
I’ll also have a section on other options that are only good for a short period of time when folks have non-Direct federal student loans and an adversary won’t work. This will include the new one time account adjustment under the IDR Waiver, PSLF, the new Repaye calculations which should make an IDR payment roughly 1/3 of what it used to be, BDTR claims are now processing for full forgiveness, the 10k forgiveness appeal and an update on TPD and the payment pause.
Continue reading →
Published on:

By

arkovich_law-narrowSome borrowers run into trouble with their mortgage companies that is not of their own doing.  One thing the mortgage servicer likes to say is that it isn’t their problem, the prior servicer handled that – and the borrower is still in default or owes some fee.

However, the subsequent servicer has liability for this.

State v Family Bank of Hallandale, 667 So2d 257 (Fla. 1st DCA  1995) is a case that can be used to show subsequent servicer liability:  The law is well established that an unqualified assignment transfers to the assignee all the interests and rights of the assignor in and to the thing assigned.

Continue reading →
Contact Information
1520 W Cleveland St
Tampa, FL 33606
Phone: (813) 258-2808
Fax: (813) 258-5911
The hiring of a lawyer is an important decision that should not be based solely upon advertisements. Before you decide, ask us to send you free written information about our qualifications and experience. This website is designed for general information only. The information presented at this site should not be construed to be formal legal advice nor the formation of an attorney / client relationship.

We are a Debt Relief Agency under the United States Bankruptcy Code. We help people file for bankruptcy relief under the Bankruptcy Code.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

Please do not include any confidential or sensitive information in a contact form, text message, or voicemail. The contact form sends information by non-encrypted email, which is not secure. Submitting a contact form, sending a text message, making a phone call, or leaving a voicemail does not create an attorney-client relationship.

Copyright © 2015 – 2024, Arkovich Law
JUSTIA Law Firm Blog Design