One Percent of U.S. Homeowners Entangled in Foreclosure

Real Estate Wiki, the leading free online encyclopedia in the real estate industry, this week announced that it has added significant new copy addressing foreclosure, pre-foreclosures, short sales, auction and bank owned properties.

According to a spokesperson for Real Estate Wiki, foreclosures are of major concern for many Americans at this time. For example, in March one in every 538 households in the U.S. received a foreclosure notice with Nevada (1 in 139 homes) leading the pack, followed by California (1 in 204 homes), Florida (1 in 282 homes) and Arizona (1 in 283 homes).

To assist homeowners Real Estate Wiki added some 25 Frequently Asked Questions (FAQs) covering questions such as:

•     Can I Negotiate the Price of a Bank Owned Property?
•     What Can I Do To Avoid A Foreclosure?
•     How Do I Negotiate With The Lender To Avoid Foreclosure?
•     How Does A Foreclosure Work?
•     What Happens To The Mortgage Loan After A Foreclosure?
•     What is a Better Option Foreclosure or a Short Sale?

In addition, over 30 definitions have been added to the Glossary of Terms providing explanations for concepts such as Foreclosure, Judicial Foreclosure, Strict Foreclosure, Deed-In-Lieu of Foreclosure, Decree of Foreclosure, Right of Redemption, etc.

Various key organizations that provide information and assistance to home sellers before and during the foreclosure process are also featured in the Wiki: The U.S. Department of Housing and Urban Development, First American CoreLogic, Experian, Equifax and RealtyTrac.

Real Estate Wiki is powered by a group of dedicated real estate professionals that offer up of their time and expertise to provide quality and relevant information in one central place; http://www.RealEstateWiki.com. Using this great resource is 100% free and anyone can add, change or improve any of the over 13,000 existing entries covering a wide range of residential real estate matters in over 70 categories.

Make a difference and help build a better industry by becoming involved with Real Estate Wiki. To contribute towards improving this national free real estate encyclopedia visit Real Estate Wiki (http://www.RealEstateWiki.com) today or contact Gatekeeper @ RealEstateWiki.com

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Posted On: April 24, 2008

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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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A Fla. couple finally got thousands of dollars in reimbursement from Bank of America by threatening the bank with foreclosure. The long legal battle actually began when the bank wrongly foreclosed on the couple’s home. (June 6)

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Foreclosure attorney Troy Doucet understands how it feels to experience foreclosure, and recommends homeowners explore their defenses before giving into the bank’s demands.

After spending years working in the mortgage industry, Attorney Troy Doucet is pleased to announce the opening of his law firm that is dedicated to helping those facing foreclosure. Mr. Doucet’s involvement in the mortgage industry, including owning a mortgage company, offers his clients an insider’s perspective on lending. Doucet’s life experiences also bring his clients one additional perspective: what it feels like to experience foreclosure. In 2006, the bank foreclosed on his home.

Mr. Doucet began working in the mortgage industry in 2000, opening a mortgage company shortly thereafter. Doucet built that company, Cornerstone Home Finance, away from subprime mortgages, and he worked hard to eliminate surprises at loan closing. In 2004, Doucet was featured in Broker magazine for proposing the mortgage industry eliminate junk fees. Doucet’s companys grew quickly, but that growth ultimately caused it to collapse, forcing Doucet into bankruptcy and costing him his home. He started law school after that experience.

Mr. Doucet says homeowners should not assume foreclosure is a foregone conclusion because multiple defenses are available. Falling on hard times is no excuse for banks to ignore mortgage laws, he says. A homeowner’s loan could contain substantial violations of federal law, and they may never know it without the help of a knowledgeable attorney. For example, the Truth in Lending Act (a federal law that applies in every state) requires the lender provide specific disclosures to homeowners at the time that the loan closed, or face significant consequences. Failing to provide two copies of the Notice of Right to Cancel per borrower, for example, can give the homeowner the right to cancel the entire loan transaction up to three years after closing and obtain refund of nearly all payments made. To qualify, the loan must have been used to refinance the homeowner’s primary residence.

Mr. Doucet recommends all homeowners facing foreclosure do a few things to protect themselves:

1. Keep all loan closing documents together and in one secure place.

2. Store all correspondence from the lender, especially letters claiming the loan is in default.

3. Maintain a detailed call log of all conversations with anyone about the loan.

4. Do not assume the company foreclosing is the true owner of the loan.

5. Contact an attorney as soon as possible, especially if your loan is a refinance nearing its 3-year anniversary.

Rather than continue in the mortgage industry after his business closed, Doucet looked towards changing careers. He started law school in 2007 and worked as a freelance mortgage consultant to attorneys nationwide until his recent graduation from Capital University Law School, magna cum laude. In 2008, he published a book about defending foreclosure called, 23 Legal Defenses to Foreclosure: How to Beat the Bank, and published a second book in 2009 that integrated changes to the Truth in Lending Act. He held a foreclosure audit training seminar in Washington, D.C. for a team of attorneys, and regularly communicates with foreclosure defense attorneys nationwide who practice in foreclosure defense.

Troy Doucet practices in foreclosure defense and consumer litigation in the Columbus, Ohio region and can be reached at (614) 944-5219.

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Posted On: Columbus, OH November 20, 2010

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