Posts Tagged ‘Loan Modification’

Restoring Equity a Reality! Underwater Homeowners Have Hope

Tuesday, August 9th, 2011

From Urban Legend to Reality: Ocwen Offers Serious Principal Reduction

Meaningful principal reduction used to be an urban legend compounded by scamsters.

And until recently, Florida homeowners were probably more likely to spot Bigfoot than find a lender willing to forgive a significant portion of their residential first mortgage through a loan modification.  But earlier this month, Ocwen Financial Corp. became one of the first private companies to initiate principal reduction without the prodding of a government agency.

Through the program called Shared Appreciation Modification (SAM), Ocwen is writing down qualified loans to 95% of the underlying property’s market value. The amount written down is forgiven in one-third increments over three years as long as the homeowner remains current. When the house is later sold or refinanced, the borrower will be required to share 25% of the appreciated value with the investor.

“Like all modifications, SAMs help homeowners avoid foreclosure. But they also restore equity,” said Ocwen CEO Ronald Faris. “That’s a significant benefit to the customer and, we believe, the economy and housing market. Psychologically, it’s important too. Our analytics tell us that an underwater mortgage is one-and-a-half to two-times more likely to default than one with at least some positive equity.”

Ocwen said 79% of the borrowers have accepted the offer with a re-default rate of 2.6%. Ocwen said it has regulatory clearance to push the program into 33 states.  Since the start of the mortgage crisis, Ocwen has saved over 200,000 homes from foreclosure and produced 25 times as many modifications per loan serviced as the servicing industry overall, the company claims.

“The simplicity and rationale of the SAM is striking: the homeowner maintains the equity that would otherwise be lost in the foreclosure process, and servicers and investors maintain a performing asset,” John Taylor, President and CEO of the National Community Reinvestment Coalition, said. “Ocwen has found a way to align the interests of borrowers, servicers and investors, making the program a win-win for all involved.”

Oppenheim Law hopes this is the beginning of a trend that was supposed to start three years ago when the government promised that it would assist in modifying more than 4 million loans.

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.

It’s A Short Sale World After All

Friday, January 21st, 2011

It’s still a buyer’s market. That’s the conclusion of consumers in a new Gallup poll that reveals 67 percent of Americans feel now is a “good time” to buy a house. That hasn’t changed much since April 2009.

Housing Trends on Oppenheim Law

So despite harder-to-come-by financing and the possibility of a housing double-dip, it seems historically low interest rates and bargain basement home prices are winning over public opinion. Interest rates may or may not rise, but the bargain basement prices are likely to continue as home foreclosures are reaching record highs.

Foreclosure headlines are telling. South Florida filings dropped 41 percent in 2010 due to the foreclosure freeze. And some are asking if foreclosure lawyers’ misdeeds are being ignored in Florida. Despite the freeze and other legal questions, though, Florida still ranks second in the number of foreclosures in 2010.

And the worst may be yet to come. News reports are citing studies that show real estate short sales are set to increase in 2011 as banks attempt to dispose of defaulting loans without foreclosing. And many may get caught flat-footed in the South Florida foreclosure wave.

As you read all of these headlines, keep in mind that if it’s a buyer’s market, that also means it’s a seller’s market. And with all the foreclosures hitting the market, it’s a good time for a buyer to seek a short sale purchase. Oppenheim Law’s sister company Weston Title & Escrow has been very successful closing short sale deals and guiding clients through the process of both buying and selling short sales.

Wondering what this means for Florida homeowners? Is 2011 the year of the short sale or the strategic default? Catch the replay of Oppenheim Law’s monthly Foreclosure Defense workshop on Oppenheim Law TV for the next 4 days!

Weston Title and Oppenheim Law Complete One of the Largest Short Sales with JP Morgan Chase

Tuesday, January 18th, 2011

Weston Title and Oppenheim Law Complete One of the Largest Short Sales with JP Morgan Chase.

Today, Weston Title and Oppenheim Law completed one of the largest short sales with JP Morgan Chase. The original note was approximately $6 million, but the bank approved a payoff for almost half that amount. The bank agreed to the haircut in exchange for receiving the $3 million in proceeds.

Further, the bank waived the deficiency judgment demonstrating what Roy Oppenheim has been stating for the past several weeks, “The banks are eager to deal and get the economy back on track.”

In fact, rumor has it that the JP Morgan Chase CEO, Jamie Dimon, had to sign-off on this deal.

As Oppenheim said two weeks ago in the Sun Sentinel, “The result will be more short sales, loan modifications and ‘meaningful mediations’ that will help stabilize housing prices that have been falling steadily since 2006.

For more on Foreclosures, catch the replay of last week’s Oppenheim Law monthly Foreclosure Defense workshop on Oppenheim Law TV for the next few days!


Bad Behavior has blocked 1956 access attempts in the last 7 days.