Help for Homeowners: July 2010 Archives

July 30, 2010

Government's mortgage loan modification a floundering option for Miami homeowners seeking to stop foreclosure

President Obama's effort to help homeowners avoid foreclosure is not working and the Treasury Department has failed to fix the program, the Associated Press reported. The news comes as government watchdogs report to Congress on the effectiveness of the program.

Our Miami foreclosure defense attorneys continue to report problems with the program. Those seeking to get out of foreclosure or stop foreclosure sales in South Florida need to consult with an experienced attorney about their options. Short-sale, foreclosure, strategic default, loan modifications or government assistance are all options with their own potential drawbacks and benefits.
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The inspector general for the government's financial bailout plan said the plan has not "put an appreciable dent in foreclosure filings." He also said the Treasury Department has ignored demands that it set clear goals for the program. Officials are worried the program's failure could contribute to additional foreclosures. That, in turn, will further drive down prices and stall the recovery of the real estate market and the overall economy.

The program's aim is to reduce mortgage payments for struggling homeowners. But statistics show more homeowners have dropped out of the program than have been helped by it. About $248 million has been spent on the program, a small fraction of the $50 billion allotted. About 400,000 homeowners have been assisted while about 530,000 have dropped out of the program.

Critics say the government is allowing mortgage companies too much control over which homeowners will qualify for reductions in the principal balance of their mortgage loans. The program also relies on voluntary participation from mortgage companies. Meanwhile, many mortgage debt collectors make more money by forcing a property into foreclosure than they do by providing help to homeowners.

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July 9, 2010

Miami mortgage foreclosure help available for those with commercial or adjustable-rate mortgages

South Florida homeowners holding adjustable rate mortgages are among a new wave of property owners seeking to avoid foreclosure. A rising number of commercial property owners are also seeking ways to stop foreclosure.

Hiring a Miami foreclosure defense attorney is the first step for a homeowner or business owner looking for foreclosure help in Miami. As we have reported on our Miami Foreclosure Lawyer Blog, mandatory mediation, default judgments and damaged credit are just a few of the obstacles to consider when determining the best course of action for your situation.
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The Miami Herald reports that the number of foreclosures in Miami-Dade has fallen 38 percent so far in 2010, to 18,327 from the 29,674 reported last year. But a new wave of struggling owners are emerging as the economy catches up to commercial property owners -- where vacancies are reaching new highs -- and those holding adjustable rate mortgages -- which are resetting to higher rates on properties worth just a fraction of their original purchase price.

The three judicial circuits in South Florida hope new mediation requirements will help keep cases off crowded court dockets. Miami-Dade started required mediation last summer. Broward and Monroe began their programs on July 1 under a statewide order from the Florida Supreme Court. Still, court personnel report that challenges remain as bank representatives show up unprepared. Hiring a South Florida attorney experienced with mortgage foreclosures can help ensure a homeowner is prepared to act in their own best interest at mediation.

The high-value of many commercial properties give banks a real stake in working with property owners to make sure the debt is ultimately satisfied. Unfortunately, banks often seem as disorganized in dealing with commercial loans as they do on the residential side. A commercial property owner needs to hire aggressive and experienced legal representation to protect their rights.

For homeowners with adjustable-rate mortgages, the stakes are just as high. Having survived the downturn, they are now facing rising interest rates and payments on properties that are typically worth far less than what is owed. We have written extensively about the risks and hassles of loan-modification and having an attorney on your side is well worth the cost when fighting for your rights as a homeowner.

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