Wednesday, July 31, 2013
More HAMP Defaults
Tuesday, July 16, 2013
Take Root Chicago to Help Illinois Homeowners
Tuesday, June 4, 2013
American Financial Recovery—Is it Only for the Wealthy?
Tuesday, March 26, 2013
Dual Tracking Reforms and What They Mean for Homeowners
Saturday, January 5, 2013
More Funds Committed to Illinois Foreclosure Victims
We previously discussed last year’s high-profile national foreclosure settlement with the nation’s largest lenders. Stemming from wide-ranging illegal and deceptive practices over the years leading up to the housing crisis, the lenders agreed to provide a large sum of money to affected homeowners. Much of those funds were doled out to individual states and used in various ways to provide relief.
Illinois already received a large chunk of money early last year as part of that settlement arranged by Illinois Attorney General Lisa Madigan. However, now it looks like even more money is headed this way from the fund. Shortly before Christmas the Attorney General announced that she secured even more money--about $70 million--to help distressed homeowners. The money will be used on various relief services and counseling for communities hardest hit by foreclosures and vacant properties.
The Background
Attorney General Madigan’s office played a central role in the original lawsuit filed against the mortgage lenders which ended in February with a $25 billion settlement with the nation’s five largest banks--Bank of America, JPMorgan Chase, Wells Fargo, Citibank, and Ally (GMAC). The main issue in the lawsuit was the use of “robo-signing” and other processes that violated rules and fairness standards for consumers.
In describing the latest increase in funds to the state as part of the settlement, the Attorney General noted that “This settlement sought to help struggling families to save their homes and rebuild communities devastated by the housing crisis. This grant funding will do both — help more people stay in their homes and invest in renewing our neighborhoods.”
Fighting Foreclosure in Oak Park
Our foreclosure defense lawyers know that all funds devoted to help in these ways is encouraging. Though, while $70 million may seem like a large sum, it is a pittance to the resources at the disposal of the largest banks who often do anything in their power to maximize their bottom line, even if it violates the rights of homeowners.
At the end of the day, the only way for local families to ensure they are treated properly every step of the way by lenders to to have a legal advocate on their side fighting for their rights. Our experienced team has helped countless families stay in their homes, beating back banks who did not follow the law in securing the mortgage and foreclosing on the home. If you are facing foreclosure, we encourage you to reach out to our office and see how we can help.
Friday, October 19, 2012
What is a Deed In Lieu of Foreclosure?
Why the Deed in Lieu Option?
The deed in lieu should be considered for individuals who:
· Are behind on mortgage payments
· Owe more on the home than it is worth
· Are facing a long-term hardship (a “hardship” must be proven)
· Are unable to sell their home
· Can no longer make mortgage payments
· Are unable to refinance
Who is Eligible and how does a Deed in Lieu Work?
Not everyone can go through the deed in lieu process. The lender must qualify you through some eligibility process. The lender’s qualification process involves them determining the value of the property versus the amount you still owe. The lender will also review your situation to analyze the “hardship” that you claim has led to you seeking a deed in lieu. The lender might require you to put the property on the market for a period of time before accepting a deed in lieu. If you can short sale your home, then lenders would prefer to go that route. If you are unable to sell the home and you meet the lender’s qualifications, then you must vacate the home and leave the home in good condition. Different lenders and areas have different expected time periods for completion of the deed in lieu process, but many say that 90 days is about the average. Do not be surprised if your case takes longer or shorter than 90 days.
What are the Advantages to a Deed in Lieu?
The deed in lieu offers many attractive advantages as opposed to foreclosure.
· Avoid the negative impact on your credit that a foreclosure would cause
· Begin repairing your credit more quickly than you would after foreclosure
· Completely eliminate or reduce your mortgage debt
· Potentially qualify for relocation assistance through certain lender programs
· Avoid handling the sale of your property; hand over the deed and the lender takes over
· May qualify for a Fannie Mae mortgage sooner than if you went through foreclosure
What are the Disadvantages to a Deed in Lieu?
There are some disadvantages to this process for you to consider. Lenders might not be willing to accept a deed in lieu. Many lenders might already be sitting on piles of real estate where they would rather have cash. The last thing they want is another distressed property to try and deal with. You may not qualify for a deed in lieu if you have a home equity loan, multiple mortgages or certain liens against your property. You will take a hit to your credit score so you have to be prepared for that. You may also be forced to pay taxes on the amount of the deficiency that was wiped away by the deed in lieu. The Mortgage Debt Relief Act of 2007 addresses this problem for now by giving tax exemptions up to a certain amount for qualified individuals, but this might not last.
As with any situation dealing with distressed property, you should consult with an attorney experienced in dealing with short sales, foreclosures and other real estate transactions so you are fully aware of the impact the deed in lieu will have on your financial well being.
See Our Related Blog Posts:
Bank of America Pays for Short Sales
The Anatomy of a Foreclosure
Tuesday, August 21, 2012
Mayor Emanuel Comes out Against Eminent Domain Plan for Underwater Mortgages
.jpg)
We understand that solutions to the problem are different at the individual level and the government-level. In other words, a solution to an underwater home issue for an individual homeowner is far different than a public official addressing the issue of thousands of underwater homes.
Eminent Domain Idea
For example, one idea recently floating in the Chicago area was use of the government’s eminent domain power to take homes that are underwater and then refinance the mortgages. The idea was pitched to local alderman by an out-of-state firm this week; though some are already calling the proposal a non-starter.
During the pitch meeting Mayor Emanuel told reporters that he was against the idea, noting that he “didn’t think it was the right way to address the problem.” His concerns are shared by the Federal Housing Finance Agency which previously noted that it had “significant concerns” about using this government power in the aid of underwater homeowners.
Many aldermen have similarly voiced worry over the idea. Yet, the informational meeting on the maneuver went ahead anyway, no doubt at a result of the need to at least consider any sort of new idea to help struggling homeowners. Several years into the criss and many are still struggling. The latest data suggests that nearly 1 in 4 homes in the city is underwater--totaling more than 100,000 borrowers.
The basic idea is somewhat straightforward. The city would use its eminent domain power to seize the underwater property. The mortgage would then be refinanced at a discount--written down to close to fair market value. The new loan would then be offered to the homeowner at a slightly higher amount than what it was purchased for. The hope is that the monthly payment would then be lower than it is now with the homeowner retaining at least 5% equity. The company which arranges the agreements would receive a set amount per mortgage and the city would only face administrative costs.
It remains to be seen if the Mayor’s comments are a sign that the proposal is dead-on-arrival. At the very least, working through this sort of maneuver without approval from Emanuel is near-impossible.
No matter what action is or is not taken on a city or statewide level, please do not forget that options are available in your individual case. The Oak Park and River Forest foreclosure defense attorneys at our firm are here to help in any way necessary--from fighting the bank challenge to helping with a short sale. If you are anywhere in our area and are fighting these issues please take a moment to call our office and see how we can help.
See Our Related Blog Posts:
Attorney General Announces $3 Million for Foreclosure Mediation Programs, But Will They Be Effective?
Wells Fargo Settles with Illinois and U.S for $175 Million
Thursday, July 26, 2012
Short Sales Popularity Continues to Rise
Short Sales – No Sign of Slowing
According to the Chief Executive Officer of RealtyTrac (an online market for distressed property), lenders are approving more competitively priced short sales, which lead to more successful short sale transactions. This may be good news for homeowners looking for a plausible solution to get out of their home without strings attached.
In a recent foreclosure sales report, it states that sales of homes that were in some stage of foreclosure or bank owned accounted for approximately 26% of all US residential sales during the first quarter of the year. This figure is up from the fourth quarter of last year when only 22% of all sales were such, and the first quarter of 2011 when they were 25%. According to the report from RealtyTrac, first quarter pre-foreclosure sales were at their highest level since the first quarter of 2009 and pre-foreclosure sales reached 12% of all sales during the first quarter, up from 10% of all sales in the prior quarter and 9% of all sales in the first quarter of 2011.
Lenders may be working off a large inventory of pre-foreclosure homes, making it more advantageous for a homeowner in distress to contact the banks and work on the short sale process. It’s all part of national trend.
“Lenders are approving more aggressively-priced short sales, which in turn is resulting in more successful short sale transactions,” said notes the CEO of RealtyTrac. Banks are becoming more amenable to short sales as the housing slump drags on through its fifth year, as shown by the statistics. Homeowners are also becoming more familiar with short sales and contacting area River Forest and Oak Park foreclosure lawyers to get assistance with this process, instead of waiting for the sheriff to show up with an order to vacate the property. Another reason why short sales are on the rise is because real estate agents may be getting better at selling them.
Credit Realities with a Short Sale
One of many reasons struggling homeowners pursue a short sale involves the credit benefit. For example, FICO, the credit scoring company, notes someone with a good credit score, say 720, may see it drop to 570 to 590 after a foreclosure. A short sale, without personal recourse against the seller, will drop it to 605 to 625. But a short sale without forgiveness has the same effect as a foreclosure.
Of course, a less serious impact on one’s credit is just one of many reasons that homeowners stand to benefit from these sales. In our area, be sure to get in touch with our Oak Park and River Forest foreclosure attorneys to learn more.
Thursday, July 5, 2012
Chicago Tribune on the “Short Sale Maze”
Today the Chicago Tribune published a story on the continued complexities with short sales. The Oak Park and River Forest short sale lawyer at our firm appreciate the confusion the reigns among many local residents who are struggling with their homes and trying to learn about all of their options. Short sales are often a terrific way to get a fresh start with fewer long-term financial consequences. However, trying to work through a short sale is often stressful and baffling for the uninitiated.
At the very least, sellers (and buyers) should know what they are getting into when working through a short sale--the aid of a legal professional is often essential.
There is nothing all that complicated about the idea of a short sale. It is simply an agreement where a lender (bank) agrees to let a homeowner sell the house to a third party for less than the amount owed on the home. This allows the seller to get out of the mortgage without going through foreclosure, and, when done properly, to be relieved of a future deficiency judgment from the bank. The bank often prefers this, because it may be less costly and quicker than a foreclosure. While the lender does not like to give up on money it is owed, it sometimes makes sense for the lender to cut their losses earlier rather than later.
The Oak Park and River Forest real estate attorneys know, however, that the actual mechanics of a short sale quickly become complex.
According to a new report from the National Association of Exclusive Buyer Agents, in many areas only about 25% of short sale purchase contracts actually make it to closing. However, about 50% of homes offered as short sales actually end up being sold in that manner. In other words, about one in two short sellers will complete the process successfully, but many of them will need to go through multiple offers before everything comes together.
Reasons for the low success rates are varied. At a basic level, many deals fall through simply because of the time it takes for everything to come together. Buyers often cannot wait as long as necessary--months and months--and end up walking away. New guideline changes now in effect last month regarding homes backed by Fannie Mae and Freddie Mac are seeking to speed up the process. However, it remains to be seen if the new guidelines will actually translate into stepped up approval rates and speedier decisions by the banks.
No matter what, properly preparing the “hardship package” is critical for the seller. Not providing a thorough package may lead to significant delays and a scuttled deal. Having help with this is critical.
Though many challenges to short sales remain, it is important for local families not to write off the option. In many cases the sale fails because sellers do not have close professional assistance to ensure they navigate the process effectively. Short sales are still a popular option. In this first half of this year alone, about 110,000 homes were sold via short sale--about 12% of all home sales.
If you are in Oak Park, River Forest, or throughout Chicagoland, consider getting in touch with our office to learn more about your options and to see how we can help.
See Our Related Blog Posts:
Bank of America Announces Principal Reduction Plan for Underwater Homeowners
Oak Park Foreclosure Defense Lawyers Discuss the State of Illinois Foreclosure

