Posts Tagged ‘refinance’

Week In Review: DeMarco Doesn’t Get It; Scheiderman Sues Banks over MERS; Swiss Bank Charged with Tax Evasion

Friday, February 3rd, 2012

Thanks to RJ Matson and the St. Louis Post Dispatch for this wonderful cartoon! It sums up our feelings quite nicely.

Freddie Mac’s Regulator ‘Completely Puzzled’ by Allegations of Conflict

If Edward DeMarco is puzzled by the outrage over the revelation that Freddie Mac was investing in securities that paid off if homeowners couldn’t refinance, then call us puzzled by his puzzlement. Either he’s a bold-faced liar or he is just plain dense.  Does he really not get it?

DeMarco, the acting director of the Federal Housing Finance Agency, had the gall to tell National Public Radio this morning that one of his major responsibilities was to make sure that Freddie Mac didn’t lose money. NPR, by the way, was one of the agencies that broke the story in the first place.

Eddie, you’re a now a government-run company. You were semi-private at one point, but now you are an arm of the government. You should be looking out for the homeowner, and that’s it. You can claim that these investments, which for all intensive purposes were betting against homeowners, were just routine financial transactions.

We ain’t buying it.

Freddie Mac was created solely to help ease up the mortgage market and make it easier for people to get into homes. Anything counter to that, which clearly these investments were, goes against your mission statement. We’re not interested in profit, we want to see more people in homes.

Eddie, as Donald Trump would say, You’re Fired!

Schneiderman Suing Banks For ‘Deceptive And Fraudulent Foreclosure Practices’

We gotta give Eric Schneiderman another ‘atta boy’ because he has not let up against the banks!! This time its because of their creation and use of the Mortgage Electronic Registration System, better know as MERS.

Today we learned he is suing, in his role as New York Attorney General, Bank of America, JP Morgan Chase and Wells Fargo, along with MERSCORP and a host of other companies because of their use of the foreclosure registry. Schneiderman alleges the banks submitted documents to MERS that had false and misleading information to make it appear they had the authority to foreclose when in fact they didn’t.

He contends homeowners were at a distinct disadvantage because MERS made it impossible for them to track property transfers through public records.

It all comes back to the key point that we have railed against, that the banks often could not prove that they they owned the homes they were trying to foreclose on, and used fraudulent documentation to cover their tracks. Schneiderman may not be the first to call out MERS, but he has zeroed in on the problem with it and the banks poor record keeping.

Keep it up Eric!

Swiss Bank Wegelin Charged in U.S. With Aiding Tax Evasion

We’re not exactly sure how you can put a bank in an American jail, especially when it’s not even in the US, but we’re glad the government is trying!

Wegelin & Company, a 270-year-old Swiss bank, has been indicted on federal charges of tax evasion here in the United States. Prosecutors allege they helped over 100 American clients hide more that 1.2 BILLION dollars in assets from the IRS. Three of its top officials are also facing charges.

Wegelin has already said on their website  that most of their customers and employees are being transferred to another bank in the wake of these charges.

It’s great to see the government get tough with Wegelin, but when are they are they going to bring US banks up on similar charges for what they’ve done to the homeowners and for not playing by the same rules as the rest of us?

Have a great Super Bowl weekend and we’ll see you Monday — From The Trenches!

Mortgage Storm Continues to Pound, Send Help to #Florida Homeowners

Sunday, September 25th, 2011

Florida real estate has more than hurricane season to worry about. We said it once, and we will say it again, drowning Florida homeowners need help!

The whirlwind of mortgage debt continues to spin above the heads of many homeowners and the federal government needs to aggressively step in.  A recent New York Times lead editorial highlights just that.  As the clouds begin to disappear the link between the housing market and the economy becomes clear; the economy cannot get better until the housing crisis is resolved.

Continue Reading…

Air Supply for Underwater Homeowners? Roy Oppenheim Says Too Little Too Late

Saturday, September 11th, 2010

Oppenheim Reviews Obama’s FHA Short Refinance Program and What it Means to Florida Homeowners

Fort Lauderdale, Florida – September 11, 2010 – First loan modifications, then short sales…now it’s the short refi. Officially known as FHA Short Refinance Program, it’s the latest band-aid in Obama’s bailout plans aimed at resuscitating Florida’s underwater homeowner facing foreclosure.

Introduced this week, the FHA Short Refinance Plan offers aid to people who owe more than their mortgage is worth. Will it bring life back to the real estate market and stimulate the economy? This is the question market analysts and legal bloggers like Florida Attorney Roy Oppenheim are debating.

One of the biggest dangers facing the housing market is the glut of underwater homeowners who could default if their financial situations or home prices worsen. About 11 million borrowers, or 23% of households with a mortgage, were underwater as of June 30, according to CoreLogic Inc. That number is expected to double next year.

“This is a much needed program, but just might be a case of too little, too late,” says Oppenheim who continues to help Florida homeowners navigate through the tides of the real estate market. “Servicers will not be highly motivated and sometimes inclined to steer towards foreclosure.” In addition the program, at best, is designed to help about four million homeowners according to the U.S. Housing and Urban Development (HUD) Website.

The FHA Short Refinance option is targeted to help people who owe more on their mortgage than their home is worth—also known as being ‘underwater’—because select local markets saw large declines in home values. Unlike the first two waves of bailouts, the short refinance program is aimed at homeowners who are NOT currently behind on their mortgages.

Criteria for FHA Short Refi Program

  • Must occupy subject property as their primary residence
  • Must be current in your mortgage loan
  • Must be in a non-FHA loan
  • Credit score must be at least 500
  • Bank must agree to write off at least 10% of principal and
  • Second mortgage must be willing to cooperate (if applicable)

For two years, Oppenheim Law has advocated a much broader and bolder refi program pushing for an FDR style program modeled after the Homeowner’s Loan Corporation that assisted underwater homeowners during the Depression.

“History proves it’s always the refinance market leading the country out of recession. This time because the banks have absolutely no incentive to refi;  they will not,” said Oppenheim. “A strong government program could easily and quickly pump $50 billion back into the economy.

William H. Gross, managing director at Pimco, a giant manager of bond funds, has also proposed the government refinance   millions of mortgages at lower rates.

“A more comprehensive short refi program would increase jobs and improve consumer sentiment,” noted Oppenheim.

Recommended Reading:

The Wall Street Journal has an informative post on FHA’s Short Refinance Frequently Asked Questions, recommended reading by Roy Oppenheim.

For more up-to-date news on Foreclosure news follow @Oplaw on Twitter and “Like” Oppenheim Law on Facebook.

Obama’s Report Card on His First 100 Days as President

Wednesday, April 29th, 2009

With about 6 million folks going to lose their homes to foreclosure this year, I have been repeatedly asked what kind of grade I give the Obama administration in addressing the foreclosure crisis during the first 100 days. I would say a B or B-. Let me explain.

On the one hand, there has been some improvement in the overall credit markets and we are seeing a lot more refinances at historically low interest rates. However, only about 2 in ten families will qualify to refinance this year. That means a whopping 80% will have to proceed on a different course.

The so called “mortgage modifications” so far have been a failure. 50% of all modifications end up in foreclosure. That is the current number. Because the servicers have little control over their obligations to their investors, it is cheaper and safer for them to foreclose.

Short sales have gone way up and it seems that the servicers are more likely to agree to a short sale than a modification where the investor takes a crew cut!

I have always described the “Obama plan” as a three legged stool:

  1. Refis;
  2. Modifications; and
  3. the threat of bankruptcy judge telling the lender that the principal amount of the loan is being reduced or “crammed down” their throats due to the decrease in the property values.

Of course, to date the third leg of the stool does not exist since it got hung up in the Senate. That will not likely change due to the lobbying done by the banking industry. Ironically, it appears that some of the very tax payer bailout money is now being used to pay expensive Washington lobbyists to keep this bill from coming to the Senate Floor. How ironic! Thus it appears that the long sort after weapon that foreclosure defense attorneys were awaiting is remaining elusive and will continue to hinder our ability to get better results in our loan modification negotiations.

So, would I have given the President an A if the bankruptcy laws had actually been changed in these first 100 days???  You bet ya!!!


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