HAMP EXTENDED

Posted by kevin on June 1, 2013 under Foreclosure Blog | Comments are off for this article

The Government’s Making Homes Affordable programs, including the much maligned HAMP modification program, were in effect through December 31, 2013. If you have read previous blogs, you know that I was not a fan of the prior versions of HAMP. Not the least of my criticisms was that HAMP does not apply to GSE loans; that is, Fannie Mae, Freddie Mac etc. However, the latest re-incarnation (which hit the public last fall with handbook at the end of 2012) has some good things to say about it. One major problem, however, was that since the program was ending at the end of 2013, many homeowners would not file in a timely manner.

On May 30, 2013, the feds took some of the pressure off. Jack Lew, the new Treasury Secretary, announced that the HAMP program (along with the short sale- deed in lieu program and the unemployment program, and others) will continue through December 31, 2015. A supplemental directory (gives us the details) is due to be published next week. In addition, on the same day, FHFA announced that the programs for Fannie Mae, Freddie Mac, VA and FHA will also continue through the end of 2015. Even though the GSE programs do not allow principal forgiveness at this time, they are worth looking into.

If you look at the Home Page of my foreclosure website, you will see that our main emphasis is on fighting foreclosure through the litigation process. That was because the Making Homes Affordable programs (including HAMP) stunk the place out. And our experience indicated that aggressive litigation was the best path to securing a respectable modification. Now, as the programs are getting better with age, I am reconsidering a limited change to our approach. Yes, we litigate when necessary. But if you are the proper candidate, we will assist with modification proposals even if no litigation is involved. Be on the lookout for changes to our HOME page.

Liable on Note after Deed in Lieu of Foreclosure

Posted by kevin on December 25, 2011 under Foreclosure Blog | Comments are off for this article

Last week, the Appellate Division came down with a case that may have some implications for borrowers.  There were two defendants which collateralized a business loan with New Jersey real estate.  They defaulted on the payment of the loan.  The bank sued on the note.  If it is not a residential first mortgage, the lender has the option to foreclose, sue on the note or do both at the same time.

Ultimately, the parties settled.  The settlement agreement was drafted by the lender and was very involved and in legalese.  In essence, the borrowers would give up two properties by deeds in lieu of foreclosure.  The lender gave one borrower a release and the other a $4,000 credit.  The collateral left a balance due in excess of the $4000.  So, the bank sued the one borrower for the difference.

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