With the subprime implosion in full force recently, millions of American homeowners find themselves defaulting on loans and facing the nightmare of foreclosure.

As a result of the disadvantages foreclosure offers to both the homeowner and lender, more and more Americans are looking to several other viable options to steer away from the drawn out and at times, risky process which foreclosure offers to both parties. Owner and CEO of I Short Sale, Inc., Eli Tene, suggests four alternatives to foreclosure which can save a homeowner’s credit and the lender’s time and money.

One of the first options a homeowner has to avoid foreclosure is a Loan Modification, or Loan Restructuring, which is simply a permanent change in one or more of the terms of the mortgage loan. For example, if you are unable to make payments at a given rate, a modification could be negotiated with your lender to extend the loan period. If a homeowner runs into temporary financial hardship, the next option is to negotiate for a Loan Forbearance, which reduces or delays payments for a short amount of time with the understanding that the account will eventually be brought to a current status.

While these two options do serve as practical alternatives to foreclosure, they still leave homeowners with the same burden of debt. Homeowners do have the option of offering their lender the deed of their home in lieu of their mortgage debt (Deed in Lieu). However, the homeowner’s credit still may be harmfully affected by negative reports and lenders will rarely accept an offer that would only add to their REO Portfolio, which requires time and money to manage.

The more favorable option, according to real estate expert, Eli Tene, which considerably benefits both the homeowner and lender, is a Short Sale. Short selling is an agreement wherein the lender allows for the homeowner to sell the home at a price lower than the mortgage debt amount. The lender will then take the proceeds from the sale as a settlement for the mortgage debt. Short selling becomes a beneficial alternative when the homeowner’s mortgage debt is higher than the property’s value.

Tene indicates that, “Not only is the homeowner’s credit protected from negative reports when engaging in a Short Sale but, he or she is released entirely from the debt associated with a defaulted loan. What can be better than getting out clean and not having to deal with terrible credit. The lender also benefits by not having to deal with the time and costs of repossessing the home. It’s a win-win situation!”

Whether a Short Sale or any one of the other existing alternatives is good for a homeowner depends on the surrounding circumstances of each situation. Before revealing any information to a lender, Tene advises to contact a specialist first, and at the appropriate time. “Regardless of the homeowner’s options, acting sooner than later is crucial. Sinking deeper and deeper into delinquency can lower the chances of successfully carrying out one of these alternatives to foreclosure.”

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Posted On: Woodland Hills, CA July 1, 2007

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Call 888-566-8222 or www.MyOneStop.net or Text “PLAN” to 82257 Loan Modification- Chris- A loan modification is a process where the original terms of a mortgage are modified, giving the homeowner new payment terms that they can handle. It will usually involve a lower interest rate, extension of the term, adding missed payments to the end of the loan, reduction in principle, or a combination of these. Some families find success in modifying their loan, but you must meet all financial, employment and hardship requirements in order to qualify. Deed in Lieu of Foreclosure- Deeding your house title to the lender in exchange for their agreement not to foreclose is called a deed in lieu of foreclosure. You negotiate with the lender to accept the deed and they cancel the foreclosure action. It is not without negative consequence to your credit, but If a short sale or loan modification is not an option, a deed in lieu may be an answer. One difficulty in negotiating a deed in lieu settlement is that lenders do not want the property back because it creates liability issues for them and additional costs. If you are able to negotiate a deed in lieu, be aware of the possible negative consequences. Walk-Away Foreclosure- Foreclosure is rarely the best option for homeowners. In a foreclosure, the homeowner stops making payments and the lender takes possession of the house. A foreclosure creates additional expense and liability for the lender. You may still owe the debt even after a …

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Bills.com outlines 9 tips to prevent problems, avoid foreclosure

As any real estate agent knows, home sales heat up with rising temperatures every summer. Now, with mortgage interest rates more than a full point higher than at this time last year, fuel costs riding high, higher minimum credit card payments and consumer debt still raging, many U.S. homeowners risk foreclosure on their homes – but they don’t have to lose their slice of the American dream.

Last year, 31 percent of home loans issued were adjustable-rate mortgages [ARMs], which could spell big trouble as fixed mortgage rates hover around 6.83 percent and ARMs are poised to go much higher, said Brad Stroh, chairman of Bills.com. Holders of ARMs will be paying an additional billion annually for every 1 percent increase in mortgage rates. People who bought homes at the edge of their spending ability with an ARM could face dire consequences as their mortgage payments increase — but they can take steps to keep their financial situations in check.

According to the Mortgage Bankers Association of America, 4.7 percent of U.S. mortgages were delinquent at the end of 2005. With trillion in outstanding U.S. mortgage debt, that places 3 billion at risk of foreclosure. Homeowners who are at risk (as well as prospective homeowners) can use the tips below to avoid mortgage trouble.

How to prevent problems:

1.    Create a budget and don’t stretch yourself too far. The unexpected can and does happen to millions of Americans each year. For people who live at the far edge of their means, one life event can hijack their lives and lead to defaults on bills and/or mortgage payments. The key is to build a detailed budget of income and expenses, making sure to allow some breathing room to weather an unexpected downturn.

2.    Be very careful with ARMs or interest-only loans. These types of loans let borrowers qualify for more expensive homes – but beware as rates (and payments) climb. If you can barely afford the payment on your ARM or interest-only mortgage, you are asking for trouble in a few years when the teaser period expires and your loan re-sets to a fixed rate. Be sure you have extra cushion in your budget with these loans.

3.    Don’t jump to refinance your home to pay off credit card debt. Many people faced with large credit card debt or other unsecured debts consider refinancing their homes. But this strategy only moves the debt, securing it with your home. That puts your home is at risk of foreclosure if you are unable to pay. If you are not confident that you can keep up with your home loan payments, consider debt resolution or another debt relief option.

We can’t emphasize enough that people must educate themselves about what they’re getting into with a mortgage, Stroh added. Overall debt problems will continue to escalate unless people rein in their spending to live within their means. Unfortunately, for some people, that may mean losing their home to resolve their financial situation.

How to avoid foreclosure – if it’s already on its way:

1.    Enter into a forbearance agreement. For a temporary hardship, lenders might grant a forbearance agreement to lower – or eliminate – payments for a limited time.

2.    Consider loan modification. A loan modification seeks a permanent change to the loan, such as lowering the payment and extending the loan’s term, or incorporating any delinquencies into future payments.

3.    Obtain a deed in lieu of foreclosure. A deed in lieu essentially allows the borrower to return the title or deed of the property – giving the home back – to the mortgage holder to avoid foreclosure.

4.    Sell the home. Selling your home may not be ideal, but it is a way to avoid foreclosure proceedings on your house and pay back your lender.

5.    Refinance the loan. It may be possible to refinance your mortgage for a lower interest rate and/or lower monthly payment (this is much different than refinancing to take cash out to pay off credit cards). However, if you already have had late payments on your mortgage, the interest rate offered to you may be too high to lower your monthly payment. Educate yourself on current rates by checking online rate comparison sites and using online calculators to determine the real costs of refinancing. These tools are available on a number of Web sites, including http://www.bills.com/calculators/.

6.    Be cautious. Be wary of so-called equity skimmers. If your house is facing foreclosure, you will probably receive numerous solicitations from companies looking to help you prevent foreclosure by offering to sell your home for you or by taking ownership of your home. In most cases, these solicitations are scams trying to take advantage of people in difficult situations. The perpetrators aim to snatch the equity you have built up in your home.

In many states, foreclosure rates have already started to increase, especially impacting the segment of the population that carries adjustable-rate mortgage loans, whose payments climb upward with every interest-rate increase. However, homeowners can make choices – ideally, before they purchase a home, but even after problems arise – that will help them keep a home, or at least minimize the damage a foreclosure could have on their futures.

Based in San Mateo, Calif., Bills.com is a free one-stop online portal where consumers can educate themselves about complex personal finance issues and save money by choosing the best-value products from a network of qualified service providers. Since 2002, Bills.com’s partner company, Freedom Financial Network, has provided consumer debt resolution services, serving more than 7,500 customers nationwide and managing more than 0 million in consumer debt. The company’s co-founders, Andrew Housser and Brad Stroh, were recently named Northern California finalists in Ernst & Young’s 2006 Entrepreneur of the Year Awards.

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Posted On: San Mateo, Calif. July 3, 2006

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According to Kramer Law, the bank is hopeful to settle for millions instead of billions and avoid criminal prosecution.

The Huffington Post is reporting that, “Federal and state prosecutors are in advanced negotiations with Bank of America in pursuit of a settlement that would forgive the bank for a broad range of past mortgage abuses in exchange for fines that would finance a significantly expanded relief program for struggling homeowners, according to three people with direct knowledge of the matter.”

The Huffington Post goes on to say, “The agreement, if reached, could be used as a template for the other four banks. The state and federal prosecutors are operating on the assumption that if they could strike a deal with Bank of America — the nation’s largest mortgage servicer — that would compel the other large banks to go along or risk prosecution.Participants described the talks as fluid. Remaining issues include the scope of the release and the breadth of borrower relief, sources said.”

Philip A. Kramer, perennial recipient of the “Southern California Super Lawyer” award is disturbed by what he is hearing. “I represent thousands of homeowners across the country with claims against Bank of America and others.”

Philip Kramer alleges, “It looks to me like the banks are trying to skate out of their wrongdoing by agreeing to pay millions of dollars, not billions. In exchange, they get amnesty? For all their wrongdoing? That sounds terrifying to me. It sounds like officials want to sweep this under the rug so they don’t have to deal with it any more.”

The Huffington Post seems to be in agreement with Philip Kramer. They report that, “An accord would provide a sense of finality to BofA’s shareholders, who have seen the value of their holdings erode over the past year as the bank’s mortgage-related losses have mounted. Shares are down 34 percent over the past year. By comparison, the 24-company KBW Bank Index, which tracks large banks like BofA, is down just 11 percent over the same time period.”

“I smell such a rat!” Philip Kramer says, trying to contain his outrage. “In my opinion, these banks falsified documents. They conspired to create fraudulent loans, they then cooked the books on the underwriting, and went on from there to create bundles, which they then sold knowingly to pensions and other large institutions whose clients were depending on the “safety” of these financial instruments, and when the whole thing started to come apart they covered their tracks with fraudulent paperwork and testimony. The only reason we don’t know the entire extent of their malfeasance is that the money has not been spent to properly investigate. I think they’re trying to settle this with an amnesty before real money has to be paid in damages, and before bank executives have to go to jail.”

Mr. Kramer is admitted to practice before all courts in the State of California, the United States Supreme Court and the United States Court of Military Appeals. Mr. Kramer has tried in excess of 200 cases. He has appeared on nationally televised programs regarding pre-trial procedure and trial strategy and has appeared as a guest lecturer on topics ranging from constitutional law to trial practice, and Mr. Kramer frequently lectures on a broad spectrum of various legal and business issues.

Mr. Kramer also serves as a Judge Pro Tem for the Los Angeles Superior Court and as a Mediator.

Mr. Kramer is also a past president of the Los Angeles West Inns of Court, a national organization dedicated to bringing professionalism and civility back into the legal profession. He also serves on numerous Boards of Directors and serves as an officer in many companies. For more information call (818) 224-3900 or visit http://kramer-kaslow.com

The article referenced by Mr. Kramer can be found here: http://www.huffingtonpost.com/2011/08/02/bank-of-america-justice-foreclosure-fraud-settlement_n_916490.html

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Posted On: August 15, 2011

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www.lawofficesofbrucerichardson.com Lenders knew or should have known substantial numbers of its subprime loans, especially absent prompt refinancing, would fail and result in foreclosure. Nonetheless lenders made the loans to promptly package and sell to the secondary market. Predictably, as a result of these predatory loans, scores of borrowers across America now face foreclosure, and many have already lost their home and savings. However, borrowers do have remedies to address their foreclosure related issues. The following is a list of some of the protections afforded homeowners under Federal and state law. FEDERAL PROTECTIONS – Truth in Lending Law – The Home Ownership and Equity Protection Act of 1994 – The Real Estate Settlement Procedures Act – Federal Fair Housing Act – Federal Equal Credit Opportunity Act – National Housing Act STATE PROTECTIONS – General Business Law (Deceptive Practices Act) – Existing Anti-Predatory Lending Laws – New Anti-Lending Laws enacted by State NON LITIGATION OPTIONS There are also options available other than other than litigating the foreclosure issues that can enable homeowners to keep their home. Such options are: – Negotiate the loan repayment with the lender – Short sale – Refinance with a new Lender – Seek reverse mortgage (if a client is a senior citizen – Consider a Chapter 13 bankruptcy Homeowners that act quickly have the best chance of being able to obtain remedies for their foreclosure related issue and ultimately save …

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