Mortgage Resolution (Litigation)

Mortgage Resolution (Litigation)

Definition: Mortgage Resolution, also commonly referred to as Mortgage Litigation is the examination of loan documents for the prevalence of fraud in the origination or implementation of the loan. Legal recourse is then sought against the lender based on the findings. It is not a loan modification and the results are typically a lot more impressive. The legal recourse that can be sought is a substantially lower mortgage payment, principal reductions, cash settlements or rescission of the original loan. Between 1999 and 2008 over 80% of all loans were found to have violations. The loan resolution process will find the violations in a loan and provide clients with experienced attorneys for representation against lenders. When loan violations are discovered, the lender will possibly receive penalties and fines. Facing possible penalties lenders will come to the bargaining table. Mortgage Resolution is both the process of pre-litigation and litigation by licensed attorneys against mortgage lenders. The pre-litigation process starts by identifying violations that may have occurred in the origination, implementation, execution or recording of the loan. Over the course of the last 10 years nearly 80% of all mortgage loans have substantial violations. Some of these violations are found in Real Estate Settlement Procedures Act, Truth in lending, appraisal fraud, HUD-1 disclosures, The Home Owners and Equity Protection Act, Mortgage Electronic Registration System improperly foreclosing on properties, failure to record with the SEC or the local county recorder’s office, claiming insurance on your loan and still attempting to collect on the loan. These are just a few of the violations that may exist in your loan. Some of these violations are felonies. Once violations are discovered and a resolution strategy is determined, attorneys then draft a demand letter seeking specific legal recourse. The demand letter will summarize to the lender violations found related to the loan and will include, when applicable, an econometrics damages estimate and a determination of what type of reformation or rescission action sought. You might ask why this is important to you. In the event you have you have violations, which 4 out of 5 loans that are reviewed do, then you now have leverage against you lender to settle the law firm’s demands. You may have fraud (civil and/or criminal) perpetrated against you and the law firm will use this as leverage to settle with your mortgage company. As stated before the results could include a...

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How To Qualify For A Short Sale

How To Qualify For A Short Sale

What is a Short Sale? A short sale can potentially occur when a homeowner finds themselves in a situation of being upside down in their mortgage. What this means is, the current market value of the property is much less than the present mortgage value on the home.  The Lender then agrees to accept less than the mortgage amount by the current homeowner from the sale of the property.   How Do I know if I Qualify for a Short Sale? Qualifying for a short sale today is no easy task unfortunately. There are many variables going into the short sale process. Before getting into all of those, there are 4 vital questions and qualifications one must ask themselves before moving forward with a short sale.   1. Has your home value depreciated since it was purchased? If you’re unsure about this, the easiest way is to contact your local realtor and have him/her pull up comparable SOLD homes in your neighborhood or surrounding area for a precise market evaluation. If you don’t know a trusted or certified short sale agent, we work with the top producing agents nationwide. Simply fill out the form to the right and one of our agents will provide you with a fair market value analysis of your home.   2. Your mortgage must be in or near default There have been cases in the past when the bank will accept a short sale if the loan is not in default, however times have changed and it’s become a rarity that they will do such a thing. Nowadays in the majority of cases, you must have missed mortgage payments, and received a Notice of Default from your lender.   3. Have You Fallen on Hard Times? This step can be the trickiest of all. A hardship letter must be written up and submitted to the bank proving you have fallen on rough times financially. This letter must address why you will no longer be able to continue to make payments. The hardship letter must include detailed financial information in regards to your inability to pay the difference as well.   Some Examples of Hardships May Include: Divorce Unemployment Medical Emergency Bankruptcy Death   4. You Must Have No Assets Having no assets that can be used to pay off the remaining balance is the last big step that needs to be addressed in the...

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Pros & Cons of a Short Refinance

Pros & Cons of a Short Refinance

A short refinance is one of several alternatives that allow both a lender and home owner to avoid foreclosure.  It is typically available for borrowers that are in default and involves creating a new loan amount than the existing outstanding balance owned.  The difference is typically forgiven by the lender.  Why would the lender agree to such terms?  Foreclosure is almost always more expensive for the lenders not only because of the physical costs but also because of the loss of payment / interest revenue during the process.   Pros The borrower retains ownership of home The mortgage balance is lowered The interest rate is lowered Equity is regained in home Monthly payments are reduced   Cons The borrower’s credit score is damaged The process is time consuming There is no guarantee Qualification is required (usually requires Full Doc and Stated...

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How Do Events Impact Your Credit Score?

How Do Events Impact Your Credit Score?

So how does foreclosure impact your credit score?  What about other damaging item like Bankruptcy? Until recently the credit agencies have been very secretive about what will happen to your FICO score after you start to fall behind on your payments. Just recently Fair Isaac, which is the company that developed FICO scores, has come out with some estimates (averages) on how your credit score will be impacted based upon mortgage delinquency. Here are their numbers… 30 days late: 40 – 110 points 90 days late: 70 – 135 points Foreclosure, Short sale, or Deed-in-Lieu: 85 – 160 points Bankruptcy: 130 – 240 points   Fair Isaac came up with these numbers based upon averages of different types of people, some of which had multiple (7-10) creditors and some with much less (1-4). They also factored in length of credit history, number of past missed payments and previous damaged accounts. As you can see the credit penalty to your FICO score becomes much more dramatic once you get 90 days or more behind on payments. This is due to the likelihood of full payment decreasing after this time. Also these point losses affect someone with a higher score much more dramatically than someone with a sub-par score to start with. So how do these FICO scores affect your personal finances? Well the average savings for someone with a good vs. mediocre credit score for auto insurance is about $115 a year. I’m not sure what type of car you drive but I’m sure that is at least a couple extra tanks of gas per year or a nice dinner on a birthday or anniversary. Point being everyone could use an extra $115 dollars. Now if auto insurance was the only thing affected by FICO scores… How about home owners insurance, car loans, home loans, renting an apartment, or getting a new job. Credit scores affect your personal life in so many different ways. When you apply for a loan or job, remember that every point counts!...

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