Archive for the ‘Florida short sales’ Category

Second Mortgages Lead to Misery or Modification for Florida Homeowners

Wednesday, June 8th, 2011

Second Mortgages Lead to Misery or Modification for Florida HomeownersNearly 40% of homeowners who took out a second mortgage are underwater on their loans, but the news surrounding second mortgages isn’t all doom and gloom for Floridians, says Florida foreclosure defense attorney Roy Oppenheim.

Second mortgages refer to any loan taken out on a property that is subordinate to the first mortgage, and include home-equity loans or lines of credit.

According to data from CoreLogic and The New York Times, homeowners with a second mortgage are two times more likely to be underwater on their property.  CoreLogic’s data also shows that homeowners with second mortgages are facing deeper levels of negative equity in their homes – $83,000 compared with $52,000 – than borrowers without second mortgages.

The bright side is that Oppenheim Law is seeing massive principal reduction on second mortgages through loan modifications, according to Oppenheim.  It’s becoming common for the Florida foreclosure defense law firm to negotiate up to 80% in principal reductions of second mortgages, a far greater percentage than first mortgages.

A vast majority of first mortgages were cut up, bundled and sold to investors as mortgage backed securities, the process that played such an enormous role in the Florida real estate crisis. On the other hand, nearly three-quarters of second mortgages are still held by the banks that made the original loans.

The good news for Florida homeowners is that these banks are beginning to treat second mortgages similarly to consumer credit card debt, accepting minimal “pay offs” to settle up with homeowners.

Homeowners who are willing to negotiate a “short payoff” can have tremendous success reducing their second mortgage principal by 50% to 80% and then paying off the remaining balance in cash.  Banks are even starting to solicit Florida homeowners with second mortgages to make initial offers for 40% to 50% reductions, which Oppenheim Law is then able to negotiate to as much as 80%.

Ironically, the first key to success in dealing with a Florida loan modification on a second mortgage is to stop making your monthly payments.

The bottom line is that while a second mortgage is a strong indicator of negative housing equity and can complicate the process of completing a Florida loan modification or short sale, Oppenheim Law is having continued success negotiating principal reduction of second mortgages for South Florida homeowners.

For more information on second mortgages and Florida loan modifications visit oppenheimlaw.com.

Florida Foreclosure Help Coming Statewide, Oppenheim Law Says Go For It!

Tuesday, April 19th, 2011

Florida Hardest-Hit FundFlorida foreclosures and good news all in one story? Yes, it is true.

A new federally funded program is now accepting applications for mortgage assistance payments in Florida. The Florida Hardest-Hit program pays an applicant’s mortgage for up to six months to help them to focus on finding a job. There is a maximum, however, of $12,000. Also, the program will pay out up to $6,000 to bring loans current. If this seems meager, it is. Governor Scott gutted the program and stripped it of all effectiveness by changing the terms from 18 months of assistance to six. Ostensibly, this was done to open the program to more people. The problem with such a change is that the assistance provided will do little good to the people that need it most, those who bought houses during the height of the bubble and thus are extremely underwater. Additionally, loans that only need $6,000 to be current are hardly the loans that merit special federal assistance.

Oppenheim Law encourages homeowners to participate! The lack of effectiveness is not stopping homeowners from applying, nor should it. Any help is better than no help at all. Yesterday, the first day of the program, saw many more applications than were expected. However, an official tally for the state won’t be available until the end of the week.

Banks Desperately Seeking Short Sales

Sunday, April 17th, 2011

Banks Desperately Seeking Short SalesThere is an interesting practice developing at our nation’s big banks. Borrowers who are in or nearing foreclosure are being offered thousands of dollars to short sale their homes. Some are even being offered $35,000 to get rid of their homes, and quickly. This situation presents an intriguing insight into the way banks are thinking at the moment. Banks would rather pay you and take a loss rather than foreclose on homes.

Do such offers signify that banks have learned their lesson and are trying to get out of sub-prime loans, or are they looking to just prevent further losses? Perhaps the answer is that the banks are concerned about existing home prices. Bank of America’s chief economist, Mickey Levy, while speaking privately, spoke of the concern that the 1.8 million bad loans in the nation will drive down the market if they go into foreclosure. Such fears help explain why the banks are desperate to avoid foreclosing on homes. They don’t want the rest of their loans to become vulnerable: the more foreclosures, the more house prices fall, therefore, the value of the banks’ loans go down and more people want to walk away from their homes, causing the banks even more losses.

In the end, this situation is a win-win. Not only do banks protect home prices, but they stand to get back more money quicker from a short sale than a foreclosure and the good publicity would be a nice change of pace for their PR departments. Homeowners in trouble are also helped because they can get out of their houses with some cash in their pockets and get on with the rest of their lives.

Deficiency Judgments Haunting Return, Jason Lives Once Again

Thursday, April 14th, 2011

Deficiency Judgments Haunting Return, Jason Lives Once AgainLike the never ending horror franchise, deficiency judgments are back. A Florida deficiency judgment occurs when a bank pursues the remaining balance on a mortgage either after a foreclosure or, in theory, after a Florida short sale. Most banks are currently too busy to process deficiency judgments because they are dealing with foreclosures and short sales. Due to the large costs associated with pursuing deficiency judgments, few homeowners who were foreclosed upon will be pursued. Those people whose mortgages were owned by trusts will probably not face a deficiency judgment because of the large costs. Unfortunately, if a community bank owns the mortgage the story might be a little different. Most community banks still have the loans on their books so they will pursue the deficiencies. Also, some community banks have started to buy deficiency judgments for pennies on the dollar for the express purpose of acting like a collection agency. This is good news to keep in mind because, in these situations, the banks will be eager to settle.

While we have addressed the deficiency judgment issue for years now, the Sun-Sentinel has now also reported on the danger of what will soon happen. In two or three years, when big banks catch up with their foreclosures, we will see a flood of such deficiency judgments. The main targets of the big banks will be strategic defaulters. Strategic defaulters are the folks who could afford their mortgages but defaulted because they are so underwater that it didn’t make any sense to pay. Not every strategic defaulter has to worry though. A deficiency judgment can only be entered in foreclosure cases. Short sales cannot lead to a judgment being entered against you unless the bank decides to file an action and litigate in court. An action would require the bank to pay attorneys and other fees with no guarantee of success and scrutiny of their documents, which might lead to sanction if fraud is uncovered.

There is still some time left before we are inundated with deficiency judgments. Nevertheless, everyone going through the foreclosure or short sale processes needs to be on their guard. We here at Oppenheim Law have seen a recent up tick in banks pursuing deficiency judgments. Steps can be taken now that will help protect people against this worst-case scenario, as we have successfully been doing in the last few years.


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