Mortgage Forebearance – Think Again

Mortgage Forebearance – BEWARE



It’s my understanding that a mortgage forebearance offer came to William and Esperanza Casco, owners of a grocery store, and they were earning enough money to make their mortgage payments on time and they kept their mortgage current.

However, JPMorgan Chase & Co. offered the couple a mortgage forebearance plan that reduced their mortgage payments, so the couple thought they could use the extra money and signed up.

The Cascos say their payments were always on time and they never missed a payment. When the bank decided the smaller payments, which were the result of the mortgage forebearance, were not enough and foreclosed on them, it shocked and horrified them.

Unfortunately, the Cascos mortgage forebearance story is far too often happening across our great country by homeowners who claim that banks didn’t follow through with the agreement made with them.

Too many struggling homeowners say that they’re receiving little help from the U.S. government’s $700 billion rescue that was supposedly aimed to help the homeowner directly.

According the Treasury Dept stats, approx one-third of the 1.4 million homeowners that were accepted into the mortgage modification program this last year have actually had their mortgage payment reductions made permanent.

A Mortgage Forebearance Nightmare

“It is extremely unfair that someone like me and my wife who have owned our home for 17 years and never missed a payment could end up in foreclosure,” said Mr. Casco, through a Spanish interpreter, as he talked about the mortgage forebearance nightmare he’s experiencing.

Mortgage ForebearanceChase spokesperson, Gary Kishner, stated the bank treated the Cosco couple fairly and was not able to comment on whether the Cascos had been current on their mortgage forebearance payments.

Mr. Kishner mentioned “We worked with the borrower to give him as many opportunities as possible to qualify for a modification,” and also said “However, they were not able to do so and therefore we were forced to foreclose on the property.”

Mortgage Forebearance – Be Smart

“I think that banks are playing games with us,” William Casco said.

Mr. Casco stated when he refinanced his home in 2006, to pay for a new a meat counter at his store in the industrial Los Angeles suburb of South Gate, that his monthly mortgage payments to Washington Mutual Inc. went up to $2,765.

Chase had begun to acquire Washington Mutual in January 2009 when Casco stated it sent a letter telling him he qualified for a lower forbearance rate. So, Casco sent the business paperwork and tax returns the bank was requested. His mortgage payment was then reduced – due to the mortgage forebearance – to $1,250, where it stayed for many months, then Chase told him to apply for a trial loan modification.

So, Casco sent Chase the necessary paperwork that was requested. His monthly mortgage payment rose to $2,363 in June, then went back to the mortgage forbearance rate in October. Casco said he continually made the payments that he was asked of him until August 2010, when Chase informed he and his wife that they were $50,000 behind on their mortgage payments and placed them in foreclosure. Mortgage Forebearance – BEWARE!!

The home has been sold and the Cascos are fighting eviction. He is considering whether to join an existing lawsuit or to persue a lawsuit on his own.

“I’m determined to do whatever it takes in order to keep my house,” said Casco. “I feel that a great injustice has been done to my family.”

Don’t let this happen to you. I offer a Free – No Obligation Consultation And Preliminary Audit of your mortgage situation as a first step to getting you non-attorney help to stop foreclosure.

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Mortgage Forebearance may sound nice but in reality it can be a nice NIGHTMARE!



Fight Foreclosure Fraud – San Diego Man Wins in Court

Fight ForeclosureFight Foreclosure Fraud and Win

Fight Foreclosure, he fought the banks and won! A San Diego resident from the city of La Jolla, Kaveh Khast, has done what many have only dreamed of and few dare to try.

Irma E. Gonzalez, a California federal judge granted his motion for a temporary restraining order, which blocked Washington Mutual (WAMU) and JP Morgan Chase from proceeding with the foreclosure of his home.  Why, you ask?  Well, WAMU and JP misled him during the loan modification process into defaulting on his mortgage.  He decided to fight foreclosure – and he won!

In his fight foreclosure battle, Khast claimed that a WAMU bank rep had told him that in order to qualify for a loan modification he had to stop paying his monthly loan payments.  A bank representative did confirm receipt of the required loan modification documents, but did not contact the plaintiff as promised.  You can fight foreclosure too, one step at a time.

Fight Foreclosure Continues

During his fight foreclosure ordeal, Khast learned that Chase bank had purchased WAMU and his home mortgage.  Chase told Khast to submit another application after Khast had contacted them. Meanwhile, he started making his monthly mortgage payments.

Not long afterward, Khast was informed that he had to be behind in his monthly payments in order to qualify for a loan modification. So, Khast did was he was told, and because he did as the bank directed, Judge Gonzalez found that Khast was irreparably harmed and entitled to an order temporarily halting the foreclosure on him home.  You can fight foreclosure too, don’t get frustrated – there is help.

“If the sale of plaintiff’s property proceeds as scheduled, plaintiff will lose his home,” Gonzalez wrote. “Even if defendants were ultimately to prevail, a temporary restraining order will only force them to delay the sale of the property by a matter of days.”  In my opinion, you should fight foreclosure whenever possible, don’t just lay down and take it.

Fight Foreclosure Case Info:

Plaintiff: Kaveh Khast

Defendants: Washington Mutual Bank, JP Morgan Chase Bank, California Reconveyance Company and DOES

Case Number:     3:2010cv02168

Filed:     October 18, 2010

Court:     California Southern District Court

Office:     San Diego         Office [Court Info]

County:     San Diego

Presiding Judge:     Irma E. Gonzalez

Referring Judge:     Jan M. Adler

Nature of Suit:     Real Property – Foreclosure

I offer a Free – No Obligation Consultation And Preliminary Audit of your mortgage situation as a first step to getting you help to stop and fight foreclosure.

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Fight Foreclosure – Help Is Only a Phone Call Away.

Loan Modifications

Loan Modifications – I Wouldn’t Do It

As a result of loan modifications, there are a number of federal lawsuits filed in Boston accusing major lenders of breach of contract under the government’s Home Affordable Modification Program, where these banks agreed to participate as part of the bank bailout.

The lawsuits state the banks agreed under HAMP to give permanent mortgage loan modifications to borrowers that make all payments during the trial loan modifications process.

Shennan Alexandra Kavanagh, an attorney, stated that several of the plaintiffs have lost homes after their loan modifications payment went back to their original amount that they were unable to pay in the first place. She said she believes that tons of borrowers in Massachusetts alone could be covered by the suits if they are given class-action status.

Kavanagh said a lawsuit was consolidated this month, against Bank of America Corp., that had similar complaints in five other states regarding the loan modifications process.

In an email, Shirley Norton a Bank of America spokeswoman, said that B of A will continue to aggressively defend itself against the cases.

Needless to say, additional lawsuits have been filed against other lenders elsewhere in the country that have offered loan modifications.

Are Loan Modifications – Big Business?

In San Francisco, the Housing and Economic Rights Advocates legal services group sued Chase. The orginization accused Chase of profiting from collecting payments during long trial loan modifications that wound up in foreclosure.

“They’re participating in the crisis they had helped to foment by refusing to honor loan modifications they had already agreed to,” said attorney James C. Sturdevant.

A professor at Louisiana State University’s school of business, Joseph R. Mason, which has extensively written on the subprime lending fiasco, said he thinks the problems from loan modifications are a legacy of the federal government’s rush to stop the flow of foreclosures prior to having proper plans in place.

“These policymakers said, just go out and do this.. let us worry about the details,” he said. “These details are now what are coming to the fore in these modification cases.”

Loan Modifications – Process Error?

Laurie Maggiano, policy director at the Treasury Department’s Homeownership Preservation Office, said the lending institutions were encouraged to offer trial loan modifications based on interviews with homeowners about their incomes and expenses while they went through the paperwork to qualify for permanently reduced mortgage payments.

Maggiano said that the banks were under no obligation to grant permanent loan modifications until this June, which is when new regulations stopped loan servicers from offering the trials based on stated income.

Now incomes and other details are being completely verified prior to the trial periods, and borrowers are preapproved for permanent loan modifications as long as they make three trial period payments, she said.

I offer a Free – No Obligation Consultation And Preliminary Audit of your mortgage situation as a first step to getting you non-attorney help to stop foreclosure.

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Loan Modifications

Do They Really Help? Loan Modifications

Mortgage Modifications Lead To Foreclosure

Mortgage Modifications Don’t Help

Mortgage modifications didn’t help three year old Anthony, who often tells his mom Jill G., of Mesquite, Texas before he goes to bed: “I wanna go to the other house.”

Jill, Anthony and their dog, Tiffy a black Lab-mix, moved approx 12 miles to a rental after their home in Garland was auctioned away in a foreclosure auction.  Jill tried, for close to a year, to get one of those mortgage modifications, only to have the rug pulled out because the approval was then rescinded.  Bank of America Corp. said Jill had missing documents  — papers that Jill said she sent.

Based on information from groups that help homeowners that have used mortgage modifications program, Jill’s ordeal has been repeated thousands of times.  According to them, innocent hardworking homeowners still get evicted while participating in mortgage modifications specifically created to avoid foreclosures. The Home Affordable Modification Program was the target of hearings recently held for “trial” mortgage modifications that permitted debts to pile up and paperwork to ‘go missing’, which resulted in the seizure of homes.

Regarding Mortgage Modifications

Regarding mortgage modifications, Julia Gordon, senior policy counsel at the Center for Responsible Lending, in her Oct. 27 Congressional testimony stated, “Many homeowners end up facing foreclosure solely on the basis of the arrears accumulated during a trial modification,” she also said, “One incomplete payment or one accounting mistake can land you on an apparently unstoppable conveyor belt to eviction.”

Mortgage ModificationsAround one-half of the 1.4 million temporary or “trial” mortgage modifications granted since the  inception in March 2009 of the program have been canceled, based on U.S. Treasury Department information. Less than 470,000 homeowners have gotten permanent mortgage modifications. A staggering figure is approx one in five of the canceled mortgage modifications is either in bankruptcy or foreclosure, according to a Treasury survey of the nation’s eighth biggest mortgage loan servicers, which handle billing, collections and foreclosures.

Shocking Info On Mortgage Modifications

Shockingly, even homeowners that do get approved for mortgage modifications and never miss a payment can still end up in foreclosure, the Office of the Special Inspector General for the Troubled Asset Relief Program, stated in an Oct. 26 report given to Congress. This report said, “They may face back payments, penalties and even late fees that suddenly become due on their ‘modified’ mortgages and that they are unable to pay, thus resulting in the very loss of their homes that HAMP is meant to prevent,”.

I offer a Free – No Obligation Consultation And Preliminary Audit of your mortgage modifications / situation as a first step to getting you help to stop foreclosure.

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Mortgage Modifications Has Lead To Foreclosure – Don’t Let This Happen To You!



The Attorney General in Connecticut, Richard Blumenthal, is investigating GMAC Mortgage, which is one of the nation’s biggest servicers of home loans.  He claims that there are defective foreclosure documents. Foreclosures Stopped – Finally! around September 20, 2010.

Connecticut’s Attorney General is insisting that GMAC Mortgage, which is a unit of Ally Financial Inc., stop all foreclosures in the state. Of the Foreclosures Stopped in 23 States – Connecticut is one them.

Foreclosures Stopped – Bank’s Failure To Follow Basic Legal Procedures

It is my understanding that he stated “The bank’s apparent failure to follow basic legalForeclosures Stopped procedure — a potential fraud on the court — is appalling and unacceptable” and went on to say  “Our investigation will enable strong legal action against GMAC/Ally, if warranted by the facts and the law. I will fight to assure the banks comply with clear legal requirements that protect homeowners from unfair foreclosures of their homes.” Like I said earlier – Foreclosures Stopped Finally!

The company said it was suspending sales of foreclosed homes and the company also declared a suspension on evictions of homeowners – in other words Forclosures Stopped – who have fallen behind on their mortgages in 23 states, including Connecticut.

Several Cases Withdrawn – Foreclosures Stopped!

GMAC said the moratriums were implemented to give it time to review its procedures on foreclosures. A week earlier several law firms representing lenders in GMAC foreclosures withdrew their cases against borrowers. Forclosures Stopped in 23 States!

On Friday a statement was released and the company said the substantive contents of the affidavits in question were accurate regarding the facts and its review which they conducted internally thus far had revealed no evidence of any factual errors regarding the details typically contained in foreclosure affidavits.

It is my understanding the company also said it believes defects occurred in some, but not all foreclosures in the 23 impacted states. The problem was identified and addressed a few months ago, the company said.

I offer a Free – No Obligation Consultation And Preliminary Audit of your foreclosure problems and mortgage situation as a first step to getting you help to stop foreclosure.
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Foreclosures Stopped – What About Yours?


Foreclosure – In The News NowForeclosure

In a recent hearing, called by the bipartisan Congressional Oversight Panel,  which was given the responsibility of monitoring the government’s foreclosure bailout programs, Sen. Ted Kaufman (D-Del.), the panel’s chairman said “if investors lose confidence in the ability of banks to document their ownership of mortgages, the financial industry could suffer staggering losses. The possibility is especially alarming coming so soon after taxpayers spent billions of dollars to bail out these very same institutions.”

Phyllis Caldwell, head of the Treasury Department’s homeownership preservation office, noted the delay in foreclosures caused by law enforcement investigations, pending litigation and self-imposed slowdowns by lenders, saying those actions “may have both immediate and longer-term consequences.”

And in my opinion the foreclosure bailout programs are just above a waste of time, due to the fact that foreclosures are on the rise even with these so-called government foreclosure bailout programs.

Foreclosure – Causing Real Estate Prices To Plummet?

Caldwell said that because a foreclosure is taking longer this will probably force down sale prices, especially on vacant homes in the market, and sow uneasiness among buyers about whether the homes have a clear title. [If I were buying a home from foreclosure I would be wary too.]

“This would hurt homeowners and home buyers alike at a time when foreclosed homes make up 25 percent of home sales,” Caldwell said in her written testimony. “Together, these two factors may exert downward pressure on overall housing prices both in the short and long run.”

Foreclosure: Bottom Line

Caldwell also offered a glimpse at why large mortgage servicers have not helped more homeowners modify loans and why they relied on “robo-signers” and other questionable practices when churning out foreclosure filings. “They did not have the systems, staffing, operational capacity or incentives to engage with homeowners on a large scale and offer meaningful relief from unaffordable mortgages,” she said. “Moreover, the expansion of private securitizations during the housing boom left servicers in a complicated legal situation.”

Yep – you read it right.  Many corporations, banks included, do not put a face to the number.  Their bottom line – P R O F I T S.  The foreclosure mess, here in America, is due in large part to the fact that the corporate big wigs want to fatten their pockets.

I offer a Free – No Obligation Consultation And Preliminary Audit of your mortgage situation as a first step to getting you help to stop foreclosure during this foreclosure crisis.

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US Foreclosures Increasing!

US Foreclosures have increased across most of our large metropolitan areas.

According to RealtyTrac, the US foreclosures crisis has spread like a spider’s web [my words] across a larger area of our country.

According to my information, Wells Fargo will refile documents on 55,000 foreclosures after admitting there were technical mistakes.

US Foreclosures Crisis spreading

The worst affected areas according to RealtyTrac’s report are: California, Nevada, Florida and Arizona.

These states accounted for 19 of the top 20 metropolitan areas with the highest US foreclosures rates within the last 3 months.

This trend is the latest sign that the US foreclosures crisis is getting worse. Homeowners continue to fall behind on their mortgage payments because of high unemployment and slow job growth.

US Foreclosures – Wells Fargo

From what I can tell, the announcement from Wells Fargo that it was refiling thousands of foreclosure documents is an admission from the bank of possible problems in the way it repossesses homes.

Regarding US Foreclosures Wells Fargo released a statement on Thursday, that said it had identified “instances where a final step in its processes relating to the execution of the foreclosure affidavits… did not strictly adhere to the required procedures”.

US Foreclosures
US Foreclosures

Wells Fargo added that it has no plans to stop its foreclosure process but said the refiling may cause some delays. It seems that these uncaring institutions are bent on continuing their questionable practices and US Foreclosures are not slowing down.

Metropolitan top five US Foreclosures: 3rd Quarter 2010
Las Vegas, Nevada – 32,288
Cape Coral, Florida – 10,352
Modesto, California – 4,825
Stockton, California – 5,929
Merced, California – 2,072

Source: RealtyTrac

I offer a Free – No Obligation Consultation And Preliminary Audit of your mortgage situation as a first step to getting you help to stop foreclosure.
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US Foreclosures on the rise – unfortunately.

Foreclosure Fraud Again

Foreclosure Fraud Again – Yep, you read it right!

Hey folks, guess what there’s foreclosure fraud again – the financial giants have figured out another way to profit from fraud. Yep, after destroying communities across America with shady subprime loans, the mortgage industry has launched a new assault on our nations neighborhoods with a new foreclosure fraud.

Foreclosure Fraud Again – How?foreclosure fraud

Well, big banks are now outsourcing their foreclosure processing to law firms with a history of breaking the law to make a quick buck. Reports are that these scammers backdate signatures, forge documents, charge thousands of dollars in illegal fees and even foreclose on borrowers who haven’t missed a payment.  Like I said Foreclosure Fraud!

“Foreclosure mills,” as they are now known, have been around for years and they’ve become a huge problem as the mortgage crisis has worsened. It’s my understanding that Fannie Mae and Freddie Mac created a need for these beasts decades ago to help them process large volumes of foreclosures fast and cheap. Not long after big banks wanted in on the action, and Wells Fargo, Citigroup and Bank of America starting sending foreclosures to these lowlife Foreclosure Fraud law firms by the tons.

Foreclosure Fraud – Why?

Banks choose to outsource dirty work to these Foreclosure Fraud firms for a reason. It takes literally weeks to process the  necessary legal paperwork to throw somebody out of their home. Cutting down the processing time can save a lot of money on legal bills. These Foreclosure Fraud mills cut costs by cutting corners. So, when they can’t gather the proper paperwork needed to kick families out of their homes, they simply fabricate it. Even worse, these Foreclosure Fraud firms illegally hold back documentation from borrowers looking to negotiate loan modifications with their banks. In effect, forcing borrowers out of their homes instead of allowing them to negotiate a deal with the bank. When borrowers actually do get things straightened out with these Foreclosure Fraud mills, the underhanded bankers slap them with huge illegal fees. Outrageous!!

If nobody holds anyone accountable, then anything goes: stealing, cheating, and lying, are very profitable. Well, don’t let this happen to you. Fight Back!! I have been helping people successfully ward off foreclosures and maybe I can help you too. I offer a Free No Obligation review of your mortgage documents.  Don’t just rollover, give me a call and take a stand against Foreclosure Fraud.

I offer a Free – No Obligation Consultation And Preliminary Audit of your mortgage situation as a first step to getting you help to stop foreclosure.

Call (888) 819-6554 or fill out the Stop Foreclosure Help email form,

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Like I said don’t just rollover, give me a call and take a stand against Foreclosure Fraud.

Loan Modification Failures Get Help

Loan Modification – Is It Worth Trying?

A year and half ago, the government launched a loan modification program to help homeowners. The federal government’s loan modification program is unfortunately not helping as many homeowneloan modificationrs facing foreclosure as hoped for.

Of the Phoenix area borrowers that hoped to lower their monthly payments through the Home Affordable Mortgage Program in April, over half, left the program by the end of July and they didn’t have their payments permanently lowered through the loan modification program.

Loan Modification – Good News

Good news is that some of these borrowers actually did receive help from other programs that were available; however, in my opinion, not nearly enough have been helped and way too many have lost and are still losing their homes.

Loan Modification – Bad News

Bad news is that far too many other homeowners were denied a permanent loan modification after making several months of “trial” payments and have lost their homes to foreclosure.

Some housing advocates have said that too many homeowners were strung along with a trial loan modification through the federal government’s program, known as HAMP, when the lender knew a foreclosure was not going to be avoided.

Lenders defend the trial loan modification, by saying they didn’t know all of the rules for the new federal program, so they placed a lot of homeowners in a  temporary loan modification to help them avoid inevitable foreclosure. I guess it  could be true they did not know the rules, but I doubt it, it’s their job to know the rules.

Now, it is quite possible a number of homeowners just didn’t meet the program’s complex and burdensome requirements, even though they had been approved for a trial loan modification.

Loan Modification – It’s Not Possible To Know -Yet

It’s impossible to know why so many homeowners were and still are being denied a permanent loan modification because lenders simply won’t comment on specific cases, and the Treasury Department hasn’t released a list of borrowers who had their trial loan modification canceled.
Don’t let this happen to you. I offer a Free – No Obligation Consultation And Audit of your mortgage situation.

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Loan modification – Do or DON’T?

State Probes Into 3 Law Firms For Falsifying Foreclosure Documents

It has come to my attention that the Florida Attorney General’s office just announced they are conducting  investigations into the state’s three biggest foreclosure law firms for allegations of deceptive and unfair actions.

These firms, which at times are called “foreclosure mills,” are the Tampa-based Shapiro & Fishman, Fort Lauderdale Law Offices of Marshall C. Watson and the Law Offices of David J. Stern, based in Plantation.

A lawsuit seeking class action status was filed by a Fort Lauderdale attorney against Stern just last month. The lawsuit is claiming this firm generated fraudulent mortgage assignments, basically falsifying foreclosure documents when they were pursuing foreclosures.

FYI: an assignment is held by the entity that has the right to receive mortgage payments.

The law of offices of David J. Sterne according to the lawsuit filed up to a whopping 7,000 foreclosure cases in Florida every month last year, presumably with fabricated foreclosure documents . As if that wasn’t bad enough, the lawsuit also alleges this firm pursued foreclosures for lenders that didn’t even own the debt on the homes.

According to records, Miami based attorney, Jeffrey Tew is representing the Stern law offices. According to Tew, Stern and his company have done nothing wrong

“This foreclosure crisis was not created by David Stern, but it is so huge and a lot of people are in very bad shape, so some of the finger-pointing goes to him,” attorney Tew said.

Mr Tew went on to say that portions of the lawsuit that claim Stern conspired to confuse ownership of homes is “fantastical”/fantasy.

Attorney General Bill McCollum’s office released a press release and it says due to the fact that many mortgages have been bought and sold by financial institutions numerous times, some vital foreclosure documents/paperwork involved in the process to obtain foreclosure judgments is oftentimes missing.

“On numerous occasions, allegedly fabricated documents have been presented to the courts in foreclosure actions to obtain final judgments against homeowners,” the press release states. “Thousands of final judgments of foreclosure against Florida homeowners may have been the result of the allegedly improper actions of the law firms under investigation.”

In June a judge, Circuit Court Judge Michael Traynor, dismissed a case because he said in his opinion the court “has been misled by the plaintiff from the beginning” and that documents “have changed as needed to benefit the plaintiff.”

Don’t let this happen to you! Get expert help to look over your loan and foreclosure docs.

Don’t think for a moment that these types of fraudulent activities are only going on with just three law firms in Florida. This type of activity is happening all over the county, just apparently on a much larger scale with these companies because of the larger amount of foreclosures they handle.

You can avoid foreclosure and get the foreclosure assistance and foreclosure help you need from an expert in foreclosure solutions.

I offer a Free – No Obligation Consultation And Preliminary Audit of your mortgage situation as a first step to getting you help to stop foreclosure.

Call (888) 819-6554 or fill out the Stop Foreclosure Help email form,

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