Avoid Foreclosure

In the face of faltering loan modification numbers and a new monthly record set in August for Americans losing their homes to foreclosure, two of the largest lenders in the country in the country have suspended foreclosure proceedings due to questions about the validity of the associated foreclosure documents. JPMorgan Chase has suspended foreclosure proceedings on 50,000 foreclosures, due to documentation errors while GMAC Mortgage has suspended foreclosure activity in 23 states citing “procedural issues”.

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FTC Debt Settlement Companies RegulationThe Federal Trade Commission (FTC) is making sure that the financially stressed debtors in America are not subject to any kind of debt settlement scams. The FTC has passed a new set of rules that will come into effect from October 27 to protect the consumers from being a victim of huge upfront fees charged by debt settlement companies. This step has been taken by the FTC to ensure that most middle-class Americans are not taken undue advantage by the debt settlement companies.

 

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Making Home Affordable Program Loan ModificationThe governments Making Home Affordable Program (HAMP) released in March last year was designed to help homeowners modify mortgages and stay in their homes. While qualifications for HAMP seem pretty straight forward, the governments program appears to be failing.

While many borrowers have applied for HAMP, a very small portion of them seem to be getting the mortgage relief they had hoped for ending up in foreclosure or hiring a bankruptcy attorney. If you can’t get a straight answer from your mortgage servicer or denied a loan modification without good reason you might want to consider alternate measures. Borrowers continue to complain about going round and round for months with no results, or stuck in a trial period with no permanent modification.

 

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Bank of AmericaBank of America is the third major lender over the past two weeks to freeze foreclosures in the 23 states where the foreclosure process is controlled by the courts. Bank of America went further than GMAC and J.P. Morgan Chase who have said they will amend paperwork only in cases they think were improperly done. So far, that's been a small handful of cases.

Bank of America, in an e-mailed statement, said it would “amend all affidavits in foreclosure cases that have not yet gone to judgment.”

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Foreclosures in Real Estate Market

According to the definitive barometer for real estate prices, the three year drop in housing prices slowed dramatically in the first two months of the second quarter. The evidence came in the form of The Case-Shiller Home Price Index, which tracks home prices across 20 major cities nationwide, when it reported that the decline in May, at 0.2%, was the lowest number in twenty four months with a handful of cities, including Denver, Washington, D.C., Chicago, Boston, Cleveland and Dallas, actually recording small gains.

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Loan Modification Homeowner Warning: “Typically, the scam started with a flyer sent to the homeowner and many of these mailers look as if they may come from their lender or even the government. But, they are coming from scammers.” Or you get a phone call from a telemarketer offering a Government Program that will lower your mortgage amount, interest rate or both.

Most of these companies are ex mortgage brokers, loan officers and real estate agents. I get sick when I think of them taking money from struggling homeowners that can benefit from legitimate loan modification services.

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Loan Modification Reports

The blame for the slow rollout of the Obama Administration’s Making Home Affordable Program (HAMP), at least in part, rests with Bank of America and Wells Fargo, according to the report on home loan modifications released by the Treasury. The two banks, which also rank as the largest mortgage servicers in the country, came in last in terms of the initiation of trial modifications as a percentage of their eligible loans. Bank of America, which initiated 27,985 trial loan modifications under the guidelines of HAMP, had the lowest percentage at 4% of its eligible loans while Wells Fargo carried a rate of 6%. Wells Fargo’s poor performance is due in part to their acquisition of Wachovia Corp., which modified only 2% of their mortgages.

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BOM Starts Foreclosures Bankruptcy News

As many Bank of America mortgage holders hoped for the freeze on U.S. home foreclosures last longer, it thawed out rather quickly providing much less relief to struggling homeowners than anticipated. On Monday, the mortgage giant announced they will resume foreclosure activity on more than 100,000 homes in 23 states next week, citing their legal right to foreclose on homes in default despite claims that documents previously used were hastily processed.

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