Foreclosure Trends

Phil asked:


A dwindling house market in the UK could stretch the financial situation for some mortgage lenders according to credit ratings agency, Fitch.

Their research has uncovered that the British housing market is set to see the trend of lower prices continue, but they do not expect to see a collapse of house prices.

Director of Fitch’s London-based Financial Institutions Group, Alexander Birry, warned that a weakening housing market could place added pressure on UK mortgage lenders who may see a downgrading of their credit ratings, making it more expensive for them to borrow on the money markets. However, a rebalancing act of the market is likely to offer opportunities to those with the best access to funding.

Birry said, “Rating actions may occur if a lender shows more vulnerability to a weakening housing market than is currently anticipated. In particular, the performance of certain non-conforming residential loans in a more difficult market represents a key uncertainty.”

Banks are set to find it increasingly difficult to offer competitive mortgage rates if they are forced to spend more money on their borrowing, which will in turn worsen the squeeze on credit; but downgrades are not expected across the board from UK lenders.

Alliance and Leicester have announced though, that they are set to stop writing the vast majority of new mortgages after they suffered losses of £150 million as a result of a recent credit crunch. Their shares also suffered with a reported fall of 2.5 per cent to a record low of 479.5 pence.

The lender also revealed that they were to end the offer of 125 per cent mortgages as a result of the falling house prices leaving many borrowers who relied on their house value increasing, facing financial difficulty.

The packages that usually saw a mortgage with a loan to the value of 95 per cent, with a further 30 per cent as a personal loan had been abandoned because “Alliance and Leicester is a prudent and responsible lender, with PlusMortgage successfully targeting high quality applicants” according to their spokesman, Stephen Leonard.

Elsewhere on the continent the weakening Irish housing market has also affected their mortgage lenders as Irish banks are more exposed to real estate than most others in Western Europe. This has made them susceptible to any significant frailties in the sector. Fitch analyst Matthew Taylor warned, “If the Irish economy achieves a soft landing, which we regards as the most likely scenario, then most Irish institutions should be capable of rising to the challenge without the need for rating action. In the case of a more severe contraction in economic growth, a wider range of rating actions on Irish banks may be required.”

In Spain property prices had fallen dramatically after a housing boom in recent years. This has left mortgage lenders especially weak when banks have significantly increased their exposure to real estate. However, Fitch has concluded that they see more pressure falling on some of the savings banks, rather than the larger, more expansive lenders.



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Maureen Karpinski asked:


 As you are surely aware, the housing market in Arizona is not in the best of shape.  The economy is on very shaky ground.  What does this mean for you if you are a homeowner and can’t afford your monthly mortgage?  Here is some information that may help relieve some of your stress.

Arizona has been hit extremely hard with foreclosures in the past year.  In fact, only two other states had a higher rate.  President Obama recently signed a bill into law that will prevent many people from losing their homes.  This stimulus package will help millions of people avoid foreclosure and keep their homes.

There are many questions homeowners have.  Here is some information that will help explain things if you fear you are on the verge of foreclosure:

 

What help is available if I am at risk of foreclosure because I am behind, or struggling to make my payments?

 The Homeowner Affordability and Stability Plan offers to help you if your are already behind on your monthly payments or are having a difficult time making your current payments.  By providing incentives to mortgage lenders, the Treasury hopes to get these lenders to modify already existing first mortgages, so that your monthly payments will be reduced.

If you are an Arizona homeowner, how do you know if you qualify for a payment reduction under this plan?

 Generally, you may qualify for a reduced mortgage if (a) the home you live in is your primary residence; (b) your monthly payment is in excess of 31% of your monthly gross income; and (c) your mortgage loan is not big enough to go over current Fannie Mae and Freddie Mac loan limits.  Your financial situation will help determine whether you are eligible, which will be reviewed by your mortgage lender. If the lender that holds the mortgage on your home doesn’t seem willing to participate, don’t hesitate to call another lender.  Detailed guidelines will be available on March 4, 2009.

 You may wonder about other homes you own in the Phoenix Arizona area.  If you own rental homes or vacation properties that are not your primary residence, the mortgages on these homes are not eligible under this plan.

 On the other hand, if you own a duplex with 2 to 4 units and you live in one of the units, all of the other units are eligible for reduced mortgage payments.  If you don’t live in one of the units, the duplex is not eligible.

 There is much more information in this plan such as eligibility if you owe more than your home is worth, and if you have more than one mortgage.  Your Arizona real estate agent can supply you with lenders names that can  help you with these questions, and determine what is best for you.

 If the current housing market and foreclosure has you worried, learn more about the plan.  Arizona is a wonderful place to live, and you may not have to suffer financial difficulty to keep the house you call home.



WILL

R. Sebastian Gibson asked:


Today, everywhere you look, there are commercials, billboards and roadside signs by entities offering to help you prevent a foreclosure of your home. Known as Foreclosure Consultants, some, if not many of these services and the persons whom they employ may be acting in violation of the strict regulations in California which regulate this growing industry. Others, may be outright frauds and scam artists.

 

The focus of these foreclosure consultants is anyone who is behind on their mortgage payments, which is now estimated to encompass one out of every ten homeowners. However, those who seek to defraud the public have their focus especially on the elderly, the newly unemployed, those whose properties are entering foreclosure and those whose payments have recently spiked upwards.

 

If you’ve been the victim anywhere in Southern California of real estate fraud or the target of an unscrupulous loan modification service, foreclosure consultant or someone acting on your behalf to modify your mortgage or cure your problems who is in violation of the strict regulations discussed in this article, call the Law Offices of R. Sebastian Gibson at any of the numbers on our website at http://www.SebastianGibsonLaw.com .

 

If you are a licensed real estate broker or agent and have either been wrongly accused of being in violation of the laws and regulations governing loan modification services and foreclosure consultants, or acted as such without being aware of these strict regulations and need legal defense, we urge you to call us at any of the numbers which you can find on our website.

 

To help you wade through the regulations in California on such services, here are some of the most important regulations. Keep in mind, that there is some overlap between foreclosure consultants and loan modification services. For that reason, the laws and regulations governing both services are included.

 

California Civil Code Section 2945 regulates foreclosure consultants. There is an additional requirement with respect to loan modification services, as discussed below. As with many code sections, the restrictions are complex and many. But here are the primary ways in which foreclosure consultants and loan modification services are regulated.

 

First, no foreclosure consultant and no real estate licensee is allowed to collect any advance fees for services as a foreclosure consultant once a Notice of Default has been recorded against your property. California lawyers are exempt from this prohibition.

 

Second, even if a Notice of Default has not been recorded against your property, in order for a real estate broker to assist you in obtaining a loan modification, or to otherwise negotiate a possible resolution to your problem, the broker must have you sign an agreement that specifically states what services will be performed, when they will be performed and how much you must pay.

 

Third, a broker may not have you sign any such loan modification agreement until it has been submitted to the Department of Real Estate for review and the broker has received permission from the DRE to use it and collect an advance fee.

 

Fourth, licensed real estate brokers who provide loan modification services without collecting fees in advance are not required to receive the DRE’s permission so long as their services are fully completed before they are paid by you.

 

Fifth, foreclosure consultant contract must allow the homeowner the right to cancel the contract until midnight of the third business day as defined in Section 1689.5 of the California Civil Code.

 

Sixth, foreclosure consultant contracts must provide an additional notice to the homeowner in 14-point boldface type stating when fees can be taken and notifying the homeowner that the consultant cannot ask you to sign any lien, deed of trust or deed.

 

Seventh, it is a violation for the foreclosure consultant to claim, demand, charge, collect, or receive any compensation until after the consultant has performed each and every service the consultant contracted or represented he or she would perform.

 

Eighth, it is a violation for the foreclosure consultant to charge any fee or interest which exceeds ten percent per annum of the amount of any loan which the foreclosure consultant may make to the owner.

 

Ninth, it is also a violation for the foreclosure consultant to take any wage assignment, consideration from any third party, acquire any interest in the residence in question, take any power of attorney, induce the owner to sign other contracts which are not in compliance, or enter into an agreement to assist the owner to obtain surplus funds prior to 65 days after the trustee’s sale has been conducted.

 

Tenth, an action may be brought against a foreclosure consultant for any of these violations and judgment shall include actual damages, reasonable attorney’s fees and costs, equitable relief and exemplary damage of at least three times the compensation received by the foreclosure consultant. The foreclosure consultant may also be punished by a fine of up to $25,000.00 or imprisonment for up to a year or both for each violation.

 

The reason for these regulations are many. Foreclosure consultants have, in many cases, been found to charge high fees, require the payment to be secured by a deed of trust on the residence, and then have either performed no service or worthless services. Some foreclosure consultants have then been known to purchase the homes at a fraction of their worth shortly before the homeowner loses their home.

 

Additionally, some foreclosure consultants have required payment of exorbitant fees for services such as to obtain the remaining funds from a foreclosure sale when the homeowner could have obtained those remaining funds from the trustee of a trustee’s sale directly for minimal cost if the homeowner had sufficient time to receive notices from the trustee regarding how and where to make a claim for excess proceeds under Civil Code Section 2924j.

 

Among the services foreclosure consultants are known to offer, legitimate or otherwise, are to stop or postpone foreclosure sales, obtain forbearances from beneficiaries and mortgage companies, assist in getting reinstated, obtain extensions of time, obtain waivers of acceleration clauses, assist in obtaining loans and advances, avoiding or ameliorating the impairment of the owner’s credit, saving the home from foreclosure, and assisting in obtaining the remaining proceeds from the foreclosure of the residence. If a foreclosure consultant promises any of these services, he or she is bound by Civil Code Section 2945 discussed above.

 

If you are dealing with a loan modification service, even one with a contract which has been submitted to the DRE and the broker has received permission to use it and collect an advance fee, if the real estate broker does not follow the strict procedures for handling the advance fee as contained in California Business & Professions Code Section 10146, the agent will be presumed to have violated Sections 506 and 506a of the Penal Code and the homeowner may recover treble damages for amounts misapplied and shall also be entitled to reasonable attorney fees in any action to recover those amounts.

 

Representatives of foreclosure consultants must be bonded real estate licensees. Foreclosure consultants must also be bonded and registered with the California Department of Justice (and submit advertising and promotional materials) and the homeowner must be provided with written proof that the consultant’s representative has a valid California real estate sales license, and is bonded in an amount equal to at least twice the fair market value of the property in question. If the foreclosure consultant performs any activities which include negotiating loans or performing services in connection with real property loans, the consultant must also be a real estate licensee.

 

While real estate agents are in some respects exempt from the foreclosure consultant regulations contained in Civil Code Section 2945, they are subject to it’s regulations under certain circumstances and it is in those circumstances that a real estate agent can be in violation of the Act. If they collect fees once a Notice of Default has been recorded, if they collect advance fees before acts have been performed, if they acquire an interest in a residence in foreclosure, if they assist the owner in obtaining the remaining proceeds from the foreclosure sale, or if they make a direct loan for a residence in foreclosure, they may be in violation of the foreclosure consultant laws.

 

A real estate broker cannot collect an advance fee under California Business and Professions Code Section 10026 unless the broker has submitted to the California Department of Real Estate an advance fee agreement for approval.

 

A loan modification contract, even one with a licensed real estate broker, for their assistance in working out a loan modification or negotiating another resolution of your problem must still state what services will be performed, when they will be performed and exactly how much you must pay. If the fees are to be collected in advance, the contract must be pre-approved by the Department of Real Estate.

 

At the Law Offices of Sebastian Gibson, we specialize in the field of real estate and stand ready to assist you if you have been the victim of any type of real estate scam. If you have lost money or your house to a foreclosure consultant or loan modification service as a result of their wrongdoing, we can assist you in pursuing the parties who victimized you and in some instances, we may be able to seek not only any moneys paid to them, but also, in some cases, your other actual damages, equitable relief, reasonable attorney’s fees and costs and punitive damages of three times the compensation received or misapplied by the foreclosure consultant or loan modification service who contracted with you.

 

If you have a business or real estate legal matter in Palm Springs or Palm Desert, in Ontario or Rancho Cucamonga, Temecula or Murrieta, Newport Beach or Huntington Beach, Anaheim or Santa Ana, El Cajon or Carlsbad, Palmdale or Victorville, Long Beach or Santa Monica, Ventura or Oxnard, or anywhere in Southern California, our Palm Springs, San Diego, Orange County, Inland Empire, Los Angeles, Santa Barbara and San Luis Obispo law firm has the knowledge and resources to be your Business Lawyers and Real Estate Attorneys. If you’ve been the victim of a real estate, business, loan modification or foreclosure scam or fraud, be sure to hire a law firm with experience in loan modification, foreclosure and real estate fraud in California and who will endeavor to ensure that your rights are properly represented.

 

To learn more about the statutes which regulate loan modification and foreclosure consultants, or for legal representation, call the Law Offices of R. Sebastian Gibson at any of the numbers on our website at http://www.SebastianGibsonLaw.com .



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