Enough is enough as lenders had their say and swayed of course in all loan modification programs and in preventing the foreclosures process. They have frustrated almost every program the government and the fed had announced. The latest of course was the Obama Plan, which was launched with great fanfare, and of course it had helped the deterioraing foreclosure situations little bit but not enough–it has not stopped tremendous homeowners and their foreclosures. Banks had frustrated all these efforts, and are determined to do their nitpicking on every small issues. We agree with the analysts that the Obama Plan had no teeth in it when it comes to enforcement. Also, the 31 percent limitation of loan modification is not rationale. Again, it had not addressed the principals reduction which is a core issue in this crisis and bring it to the latest market values. Lately, the state top prosecutors are agreeing to seek the judicial remedy again, and are thinking of taking the lenders back to the judicial process. In our view, they are late. A judicial remedy is best, and of course quite expensive for the lenders, who had lately again been giving the despicable bonuses to their executives for doing nothing. When are they going to learn a lesson in this regard.

Here is what you should do and write to your state attorney general:

1. Write all the facts about your loan, no doc, full doc, ARMS etc.

2. Write down the name of your loan officers, and all the names of the concerned parties like escrow agent, loan officer, real estate agent, the full docs situations, your credit report score at that time etc. Make a detailed summary and send to attorney general’s office.

3. Find out what issues your are claiming like issues under TILA, RESPA, HOEPA and deceptive trade practices etc.

4. Attach the copies of default notices.

5. Send them the copies of your detailed notes with the lenders and the helplessness they had shown in this regard to have a viable workout program with you.

Malik Ahmad is a Nevada licensed attorney and counselor at law. He is admitted in all courts in the state of Nevada, including US District Court. He has an extensive experience in real estate, including mortgages, escrow, rela estate and foreclosure. He is a solo proprietor and the principal of a small firm in Las Vegas, Nevada

Article Source:http://www.articlesbase.com/bankruptcy-articles/write-to-your-state-attorney-general-1458800.html

 Nevada again is on top of the foreclosure statistics, and I really don’t feel the necessity of citing any sources. It is an open secret for quite sometime. Foreclosure is on the rise, and the tide has become uncontrollable especially in Nevada even after some phony good news. Even though I had written extensively in my other blog under “loan modification attorney of Nevada, I still I like to mention briefly here the tips to stop the foreclosure:

1. Please contact your lenders/servicers immediately. Don’t wait for the notices to start appearing and posting in local newspapers. Contact them urgently. It is important. Most of the foreclosures are happening because of no or lack of communications.

2. Open a dialog and tell them your situation. Write down all the facts of your situation. Send them letter, and keep copies for your record.

3. Don’t be frustrated with the process. It is obviously time consuming. There are lots of people ahead of you and banks are swamped with similar requests.

4. Most of the folks (newly hired) by your lenders and servicers are new folks, and learning the job as they go. Please be patient with them as they have no experiece, a customer service kind of education (meaning high school) and are not paid much ($10 an hour or so).

5. Make record of every phone calls, write down the name, phone extension etc of the person you spoke.

6. No need to lose your temper or frustration on any of the customer or loss mitigation representative. They have not caused this situation.

7. Send them whatever they want, resend the same things again. Don’t make a big deal about their demands. They are swamped. Their fax machines are overworked and may be out of ink, or papers, or other technical issues. Remember they are human beings as well.

8.Try to call the rep by their first name more often than one time during conversation. Try to build a bond between you and him/herself. Yelling, screaming would be totally unproductive. No need to tell them the horror stories, they know enough already. Try to be brief, and not very legalistic. You are not an attorney, you are consumer. Ask yourself one question, why I am behind? How many months I am behind? Why did not I pay them? Afterall, you signed the contract as well. Please stop having over expectations. No one is deliberatly harming you. Accept the fact that you could be wrong also, and you had made mistakes as well. Now, let us sit back and read this wonderful article.

9. Once you have been denied, explore other options.

10. If nothing works, walk out graciously from your home without destroying anything. Maybe try to get a cash deal for “keys”. Treat it as white elephant and balance your budget.

Malik Ahmad is a Nevada licensed attorney and counselor at law. He is admitted in all courts in the state of Nevada, including US District Court. He has an extensive experience in real estate, including mortgages, escrow, rela estate and foreclosure. He is a solo proprietor and the principal of a small firm in Las Vegas, Nevada

Article Source:http://www.articlesbase.com/bankruptcy-articles/how-to-stop-foreclosuregeneral-tips-1458785.html

Low-cost bankruptcy can be an essential component to getting your finances under control. Most people file bankruptcy because the money situation has gotten out of hand. When facing bankruptcy, the last thing you want to do is spend your last dollar on the process. The good news is there are ways to find affordable bankruptcy solutions that will help ease your financial pains.

Three Ways to Cheap Bankruptcy

1. Cheap bankruptcy comes from finding an inexpensive and understanding lawyer. Take advantage of free consultations to get an idea of the services that different lawyers provide and a feel for their individual personalities. Take notes at your meetings or phone sessions and then take a few moments after each meeting to write down your feelings for how it went. You can use online tools and services to help match you to the bankruptcy lawyers in your area.

2. Cheap bankruptcy can come about if you consider doing it yourself. There are many resources you can use to help you prepare your papers and file for bankruptcy on your own. You could invest a little time at the library researching books on the bankruptcy process. You can take the time to surf the internet for the information that you need for your specific state bankruptcy procedures. You can also spend some money and buy a bankruptcy kit with completed sample forms as your guide to reduce the learning curve.

3. Cheap bankruptcy can be found when you combine the two steps above. You can ask the attorneys that you met with to prepare the legal documents for you and allow you to do the actual filing. Some lawyers will give discounts to clients who are willing to do some of the work on their own. This is something that you can bring up during your initial consultation.

Keep in mind that an inexpensive bankruptcy fix may not be as cheap as you first imagine. Watch out for hidden costs, unexpected expenses or other financial obligations that can make the cheapest solution the most expensive choice.

Research is the Most Important Key to an Affordable Bankruptcy

Research cannot be replaced by anything else. You have to take some time to research whatever path you want to take with a low-cost bankruptcy solution. The best idea is to spend a little time researching all your options. The time invested in research could mean hundreds saved in the long run.

Look for a website that offers a free case evaluation. It will help match you with lawyers in your area. You can use that information to choose the lawyer that will guide you to your cheap bankruptcy or you can let the information go. Make sure to look for the “no obligation to hire” guarantee. It’s better if you don’t need to give any credit card information just to get you free case evaluation.

Roilee Mandeville maintains a website dedicated to information on how to quickly find cheap bankruptcy lawyers in 10 minutes or less. You will learn a better way to research, compare prices and services when you visit http://www.BankruptcyLawyersAndAttorneys.com/ today. For a limited time he’s also giving away FREE e-books about saving money, debt, and a bankruptcy audio guide to help debtors deal with their financial problems. The free download will only be available for a few days so hurry and get them now!

Article Source:http://www.articlesbase.com/bankruptcy-articles/cheap-bankruptcy-3-tips-on-how-to-get-lowcost-bankruptcy-1458544.html

How Federal Laws Can Be Helpful to You? (ii)

Real Estate Settlement Procedures Act (RESPA)

RESPA was designed to give home buyers and sellers better disclosure of settlement costs; and to elimination of kickbacks or referral fees that tend to increase unnecessarily the costs of certain settlement services.

Prohibition Against Kickbacks and Referral Fees

12 U.S.C. §2607(a); 24 C.F.R. § 3500.14(b). RESPA prohibits the giving or receiving of any fee, kickback or other thing of value for the referral of a “settlement service” (defined at 12 U.S.C. § 2602(3) and 24 C.F.R. § 3500.2).

One court has stated that, in order to state a claim alleging a violation of this section, one must demonstrate:
1) an agreement between the parties to refer settlement service business,
2) the transfer of a thing of value, and
3) the referral of settlement service business. “An agreement or understanding for the referral of business incident to or part of a settlement service need not be written or verbalized but may be established by a practice, pattern or course of conduct.” 24 C.F.R. § 3500.14(e).

Yield-spread premiums: A yield spread premium is a fee paid by a mortgage lender to a mortgage broker for arranging a loan with an interest rate at a higher amount than the par rate. Payment of a yield spread premium is not a per se violation of this section, but may be illegal under RESPA based on a factual inquiry into the circumstances surrounding the payment.

HUD (the agency charged with interpretative, investigative and enforcement powers under RESPA) recommends a two-step inquiry to determine whether a yield spread premium is illegal. First, one determines whether the payment of the yield spread premium was for services actually performed; if it is not, then the payment is an illegal kickback. If the payment was for services actually performed, then one looks at whether the total compensation paid to the broker reasonably related to the value of the services; if the compensation does not reasonably relate to the value of the services, the payment is a violation of this section.

Recently, some Courts have fashioned a five-part pleading standard for alleging a YSP-based violation of RESPA, three-part test and on HUD statements:

“(1) the existence of an agreement between the lender and broker whereby the broker promises to refer settlement service business to the lender;

(2) the transfer of a thing of value between the lender and broker based upon that agreement;

(3) the referral of settlement service business by the broker to the lender and either that

(4) the broker received a YSP without providing any goods or services of the kind typically associated with a mortgage transaction or (5) if the broker did provide such goods or services, the total compensation paid to the broker was not reasonably related to the total value of the goods or services actually provided.. As part of pleading (4) or

(5), a borrower must plead what services were offered, the reasonable value of those services, and the fact that total broker compensation exceeded that value. Also, a borrower alleging a YSP-based violation of the Illinois Consumer Fraud and Deceptive Business Practices Act, or a YSP-based breach of fiduciary duty, can only do so by (also) meeting the RESPA pleading standard.

Prohibition Against Unearned Fees and Fee Splitting 12 U.S.C. §2607(b); 24 C.F.R. §3500.14(c). RESPA prohibits the giving or receiving of “any portion, split or percentage of any charge made or received for the rendering of a settlement services in connection with a transaction involving a federally related mortgage loan other than for services performed.” The regulations further state that, “A charge by a person for which no or nominal services are performed or for which duplicative fees are charged is an unearned fee and violates this section.”
Remedies

There is a private right of action for violation of § 2607 (Illegal referral fee or kickback and fee splitting). Statutory damages: person charged for the settlement service can recover an amount equal to “three times the amount of any charge paid for such settlement service,” plus attorney’s fees and costs. 12 U.S.C. § 2607(d).

Practice Tip:

The bottom line is that any payment by the lender to the broker is illegal if it is not for the reasonable value of services actually performed. So if you see a high up-front broker’s fee plus a yield-spread premium or other broker fee paid by the lender, there’s a good chance the lender-paid is fee is “unearned gravy” and constitutes a violation.

There is a private right of action for violation of § 2605 (Servicing requirements and administration of escrow accounts). Actual damages for each failure to comply, additional damages for a pattern and practice of noncompliance, plus attorney’s fees and costs. 12 U.S.C. § 2605(f).

Statute of Limitations

• 1 year for affirmative (kickback and fee-splitting) claims. 12 U.S.C. § 2614;
• Unlimited as a defense to foreclosure in the nature of a recoupment or setoff.

Malik Ahmad is a Nevada licensed attorney and counselor at law. He is admitted in all courts in the state of Nevada, including US District Court. He has an extensive experience in real estate, including mortgages, escrow, rela estate and foreclosure. He is a solo proprietor and the principal of a small firm in Las Vegas, Nevada

Article Source:http://www.articlesbase.com/bankruptcy-articles/how-federal-laws-about-mortgages-can-be-helpful-to-you-1506420.html

When falling behind on mortgage payments, foreclosure is not inevitable. Since the real estate market collapsed, more than 5% of all homes loans are in default. Today, workout situations are common. Lenders try to avoid repossessing homes, which in turn, bloats their balance sheet with non-performing assets. You may have time to workout an arrangement with your lender. Perhaps a loan extension is available. You may consider a different lender to refinance, focusing on high risk specialists. You may consider a deed in lieu of foreclosure if you cannot make mortgage payments.

In every situation, borrowers have unlimited options that include working cooperatively with creditors, settling debts, litigating disputes, and confronting creditors in the U.S. Bankruptcy Court system.

Bankruptcy automatically stops all foreclosure proceedings. The mechanism is known as the automatic stay. Each time a case is filed, under any chapter, the automatic stay prevents creditors from collecting debts. The stay provides broader protection by prohibiting repossession of assets, home foreclosure, and the continuation of lawsuits seeking judgments on debts.

The stay is not permanent. Borrowers who file bankruptcy have two options to bring payments current. In Chapter 7, actual payment is required to prevent the court from lifting the automatic stay. In Chapter 13, the court indulges legal fiction. The inclusion of payments in the plan creates an assumption that payments are current. To maintain a Chapter 13 case in good standing, monthly payments to a trustee are required.

Future mortgage payments must be made to avoid foreclosure in all bankruptcy cases. If you home has negative equity, homeowners in bankruptcy should carefully consider the long-term impact of keeping their home. You may surrender your home and treat the deficiency balance as an unsecured debt. All remaining unsecured debts are discharged when a case is closed. Chapter 7 typically lasts about four months unless creditors file objections. Chapter 13 cases last from three to five years before receiving a discharge.

Timing a bankruptcy case properly is critical for your success. You may file too quickly or too late to receive the maximum benefit available. If you file too early, you may not qualify for Chapter 7 because of the means test. If you file too late, you may unnecessarily waste exempt assets and potentially incur imputed income. Imputed income creates tax liability when lenders charge off debts. The best bankruptcy strategies begin well in advance of the filing date. In this way, you will gain the maximum allowed benefit and prevent the accrual of non-dischargeable tax liability. If you consider a few advanced strategies, you may adjust debts in a plan and receive a quick discharge by using your options at the proper time and in the proper sequence.

Dave Clark enjoys bankruptcy strategy questions. Can bankruptcy stop foreclosure? Find out more why Chapter 7 bankruptcy stops foreclosure temporarily through his website.

Article Source:http://www.articlesbase.com/bankruptcy-articles/the-automatic-bankruptcy-stay-explained-1514831.html