Florida Foreclosure Crisis This Week: Feds Intro New Underwater Mortgage Help Via HARP and Florida Supreme Court Foreclosure Mediation Report is Released

Larry Tolchinsky | October 25, 2011

HARP was revised this week by the federal government in the hopes that up to 1 million Americans with underwater mortgages can get refinancing through a program overseen by Fannie Mae and Freddie Mac. Expanding HARP is a big deal; President Obama held a news conference this week over in Vegas to give the details.   [...]

Florida Supreme Court Orders Review of Florida Mandatory Foreclosure Mediation Program: Why? It’s Not Working.

Larry Tolchinsky | October 20, 2011

A few weeks ago, the Florida Supreme Court ordered a review of its 18-month-old mandatory foreclosure mediation program.    (You can read the December 2009 Administrative Order creating the program and the September 26, 2011 Administrative Order reviewing its results online.)  The Palm Beach Post is reporting that as soon as tomorrow, the decision will [...]

Attention Florida Homeowners – Have You Stopped Making Your Mortgage Payment? Are You Thinking About Not Paying Your Florida Home Loan Anymore? Here Are Some Things To Consider.

Larry Tolchinsky | October 6, 2011

Today, another federal report was released, this time from the Office of the Comptroller of the Currency: seems that mortgage delinquencies are rising again.  Which means that many people are not making that monthly mortgage payment.  As the Wall Street Journal suggests, this number is only going to go up if unemployment rates rise. Florida [...]

Underwater Mortgage Holders in South Florida May Find Relief in Expanded HARP Program

Larry Tolchinsky | September 22, 2011

Underwater mortgages are a serious problem here in South Florida. When home loan balances are higher than the fair market value of the home itself, the homeowner is “upside down” on his or her mortgage.  This scenario increases the temptation for the homeowner to walk away, especially when facing higher property taxes and home insurance. [...]

Florida Title Issues Will Create Lawsuits for Home Owners for Years to Come: Foreclosure Fraud and Robosigning Have Created Huge Florida Real Estate Title Mess

Larry Tolchinsky | September 20, 2011

Everyone in the Miami area knows that the Florida real estate market is in a huge mess.  However, some South Floridians may be surprised to learn just how long that real estate crisis may continue into the future.  Why?  Title to Florida real estate – particularly the real estate that has gone through the foreclosure [...]

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 [...]

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 [...]

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 [...]

Immunity from Being Sued for Banks Who Just Keep On Committing Foreclosure Fraud? What Can Wrongful Foreclosure Victims Do?

Larry Tolchinsky | July 21, 2011

What the heck is going on with our government leaders? Are they trying to stop Florida homeowners from suing banks and mortgage lenders for foreclosure fraud and other injuries that Florida property owners have experienced due to Foreclosure Fraud (robosigning, etc.)? Yes. It looks like they are trying to do exactly that: block the homeowner [...]