Short Sales Popularity Continues to Rise With Hopes that the Hurdle of Time Delays Will Be Resolved

Larry Tolchinsky | August 30, 2011

Earlier this week, RealtyTrac released its second quarter U.S. Foreclosure Sales Report which confirmed the statistics released earlier by Moody’s Investor Service (discussed in last week’s post) insofar as pre-foreclosure short sales are increasing in popularity with lenders across the country.  According to RealtyTrac, these pre-foreclosure short sales increased 19% from the first quarter of [...]

The Non-Lawyer’s Guide to Foreclosure Fraud – Part 3: Enter the Robo-Signers

Larry Tolchinsky | August 25, 2011

This is the third post in a series of posts explaining the hows and whys of ForeclosureGate and the Florida Home Loan Fraud crisis:  In a rush to get paperwork filed to foreclose on defaulted mortgages, lenders cut corners and ignored the law, sometimes intentionally. Problems with the Assignment of Mortgage, the legal document that [...]

Short Sales May Be the Answer for More Florida Homeowners Facing Threat of Mortgage Foreclosure: Short Sales Becoming Popular With Lenders

Larry Tolchinsky | August 23, 2011

According to Moody’s Investors Service, short sales of homes that are at risk of foreclosure (called “distressed properties’) grew to 25% of all liquidations of distressed properties by mid-2011, which is a big jump from two years ago when they were at 8%.   As the time it takes for lenders to foreclose on a [...]

FBI 2010 Mortgage Fraud Report Finds Florida Top Mortgage Fraud State in the Nation, Tampa and Miami Top for Mortgage Fraud in the USA

Larry Tolchinsky | August 18, 2011

The Federal Bureau of Investigation keeps track of all sorts of crime, including Mortgage Fraud, and every year since 2006 it releases its annual report on how bad mortgage fraud is in the United States.  This week, the FBI’s 2010 Mortgage Fraud Report was released, and Florida took the top spot.  Surprise.  (Go here to [...]

The Non-Lawyer’s Guide to Foreclosure Fraud – Part 2: Things Get Lost – Lenders Lose Key Documents in Gleeful Days of Making More and More Money

Larry Tolchinsky | August 16, 2011

Here, the second in a series of posts explaining the hows and whys of ForeclosureGate and the Florida Home Loan Fraud crisis: Part 2. Things Get Lost: Lenders Lose Key Documents in Gleeful Days of Making More and More Money Now that banks had discovered that they could not only make money on the interest [...]

Negotiating a Home Loan Modification: Beware of the Dual Track Rule – The Bank Can Still Foreclose Even If You’re Modifying Your Note

Larry Tolchinsky | August 11, 2011

In a loan modification, the original note’s terms are revised (monthly payment amount, interest rate, etc.) and the revisions become effective once everyone signs the modification agreement.  For a home loan in South Florida, that means the home owners whose names are on the original mortgage and note and a duly authorized representative of the [...]

The Non-Lawyer’s Guide to Foreclosure Fraud – Part 1: How It All Began, Remembering Traditional Mortgage Practices

Larry Tolchinsky | August 9, 2011

Here, the first in a series of posts explaining the hows and whys of ForeclosureGate and the Florida Home Loan Fraud crisis: Part 1.  How It All Began, Remembering Traditional Mortgage Practices and that First Smell of More Profit Long before ForeclosureGate, when the economy was running smoothly and banks were not operating outside the [...]

Florida Fires Its Top Two Foreclosure Fraud Attorneys, But Their Work Is Still Solving Cases Across the Country: What Gives?

Larry Tolchinsky | August 4, 2011

A homeowner in New York hired a foreclosure defense attorney and recently won her lawsuit against her mortgage lender, HSBC Bank.  Key to the win:  a report that was prepared by two former Florida assistant attorneys general, June Clarkson and Theresa Edwards.  That’s right: the two women who were just fired from their jobs. “Unfair, [...]

Foreclosure Fraud Cases: Banks and Mortgage Servicers Have an Achilles Heel, Title Problems Related to MERS

Larry Tolchinsky | August 2, 2011

One consequence of a Wrongful Foreclosure case, relates to the issue of clear title: the banks and mortgage lenders may not have it to convey to a buyer of the property. As we all know, title to real estate is recorded in our public records because being able to trace the ownership chain of property [...]