loss mitigation: Is foreclosure "help" a smokescreen to shield lenders from legal liability? - 06/19/08 08:27 AM
A million or more homeowners have mortgage loans which were, from the onset, unsuitable for them and have resulted in foreclosure.  Many of these foreclosures can be challenged by legal claims for unfair lending practices, fraud, misrepresentation, usury, and violations to state unfair and deceptive acts and practices laws, the Truth in Lending Act, the Equal Credit Opportunity Act, and the Racketeer Influenced and Corrupt Organizations Act (RICO).
It's likely many of those distressed homeowners' rights were violated during the mortgage solicitation and origination process, and/or during the servicing of their loans. 
Those seeking help from their lender offered quick fix … (3 comments)

loss mitigation: Don't Give Equity Thieves a Get Out of Jail Free Card - 06/10/08 11:13 AM
Massive Equity Theft
If you are (or know of a) homeowner at risk of mortgage foreclosure and about to enter into a negotiated loan workout, make certain you fully understand your rights and what rights you may be asked to waive forever in exchange for temporary or long term relief.
In yet another Wall Street brainchild which has exposed a million or two homeowners to risk of foreclosure, our nation has experienced massive equity theft.
Under the pretense of its concern for homeowners, the government has responded with resolution 'programs' including FHASecure, and a consortium of non profit organizations called HopeNow … (2 comments)

loss mitigation: I have a platform: Your Comments Please - 03/16/08 10:47 AM
This past week I've been interviewed on several metropolitan radio talk shows due, in part, to the national release of my new book, Fight Foreclosure!   Tomorrow, I'll have a TV segment on FOX Business News.  I'd like to use this opportunity not only  to express my outrage and fustration, but to offer hope and solutions.  
The TV format won't permit lengthy discussion. The topic is "squatting" and how homeowners are likely to abuse the foreclosure process.  I've got that covered.
 I'll need to quickly identify three main points.
#1. We need an expedited short sale process so prices don't drop even further due to … (3 comments)

loss mitigation: Puppets on String - 01/21/08 08:49 AM
In recent months I've brought a handful of short sale transactions to the closing table for agents, had two 11th hour implosions where the buyers breached their contract and walked away, and still have about a dozen potential shorts mired in servicer confusion and incompetency.
 - Last week I had a junior lender call with its approval for an application submitted months earlier....
 Lender: " You'll be happy to know we have approved your short sale request.  Can you close by the end of the month?"
Me:  " I submitted that request almost 5 months ago.  I sent you repeated FAX updates, left telephone messages and … (5 comments)

loss mitigation: Reversal of Procedures - 03/30/07 11:49 AM
Back in the day when I was working in a national mortgage loan servicer's prototypical loss mit department, I flew to the corporate offices to meet with the newly appointed Sr. VP of asset management. Not promoted from within, but 'a hired gun' we were told by the sheepish, VP of asset management. This hired gun had been placed suddenly in charge of the servicing of tens of thousands of under-performing mortgage loans.  The "independent" and expanding portfolio of 7,500 or so loans my previously autonymous specialized team had been assigned now fell under his direct, and sweeping jurisdiction.
We had been working methodically … (2 comments)

loss mitigation: For my Kentucky friends.... - 03/13/07 12:28 PM
Thanks for the invite to post on your Group. 
Since Kentucky, a judicial foreclosure state, has practices and customs which may differ from County to County... I'd ask that any foreclosure/preforeclosure/preforeclosure short sale questions or scenarios you present for discussion/consideration include the specific county in which the property is situated.  I'll do my best to answer with information specific to the indicated location.
Check out AR's new group:  ForeclosureFocusUSA
(0 comments)

loss mitigation: MLM foreclosure "help" - 03/04/07 10:15 AM
Sometimes, the offer of a helping hand is really a cement lifejacket in disguise. 
We've all seen the ads: free foreclosure help, stop foreclosure,  foreclosure solutions, mortgage mediators, save your home,  etc.  Have you ever read our recently enacted Clear Skys Initiatives?  Despite its proactive title, it has weakened many parts of the Clean Air Act and neutered many eco and enviro-friendly restrictions in favor of reinstating industry practices which pollute, rape, and destroy our environment including the air we breathe and water we drink. The Clear Skies Initiative is anything but.
At least We Buy Houses is upfront about what it is they do, while … (3 comments)

loss mitigation: Selling a Short Sale to the Seller - 02/27/07 08:00 AM
Why would a Homeowner even consider a short sale?  What's in it for them?
We know that one of the conditions of short sale approval, a non-negotiable provision, is the Seller receive ZERO PROCEEDS from the sale. So if the Seller gets nothing, why would they agree to do it? 
Why would they go through all that trouble when it would be just as easy to file bankruptcy and walk away, or, deed back the house to the bank and walk away, or simply walk away, closing the book on that portion of their lives....
What could motivate the Seller to work toward … (18 comments)

loss mitigation: Honesty and the (preforeclosure) Listening Appointment - 02/26/07 03:20 PM
Honesty is a two way street.  Be honest with your Client, and the Client will want to be honest with you... however painful that may be. 
I was speaking with a broker today who was interested in developing a comprehensive marketing strategy designed to increase the number of preforeclosure listings his office generated. I reminded him it wasn't so much the number of listings that mattered, but the number of listings that went into contract, and sold mattered much more. Personally, Id rather see 3 properly prequalified listings taken in and then close per month... instead of 10 or 20 taken in, and allowed to … (0 comments)

loss mitigation: Fridays' FYI: What is a Deed in Lieu of Foreclosure? - 02/23/07 08:39 AM
Each Fridays' Blog will provide (hopefully) useful information regarding the preforeclosure, and foreclosure process. NJ is a judicial foreclosure state.  Your state's laws, customs, and practices may differ. I'm not an attorney, and this isn't intended to be anything other than my opinion.
Shortly after a (NJ) homeowner misses the third, consecutive, monthly mortgage loan payment, he or she may receive from the mortgagee what's known as a Letter Of Intent (to foreclose).  I say may because a bankruptcy petition can impede the lender's collection process.  This LOI is the lender's first step in the implementation of a formal foreclosure proceeding. (next Fridays' FYI: What is a Letter of … (8 comments)

loss mitigation: Loss Mitigation & Listings: Perfect Together! - 02/22/07 07:24 AM
Now that remarkable increases in mortgage loan default and foreclosure statistics become media's fodder, loss mitigation becomes a largely repeated, but often misunderstood buzzword. Most experts' talking points suggest the homeowners contact the lender early on to 'workout' their mutual problem implying the homeowner will enjoy continued homeownership. While proactive contact is recommended, this in itself is not a solution. The primary reason to contact the lender early on in the delinquency is as much to exclude unrealistic options as it is to explore feasibility.... In most workout interviews, the sale of the home is the lenders' recommendation of choice.
To many, especially … (4 comments)

loss mitigation: I joined this Group (Giving Back) because.... - 02/11/07 08:34 AM
I joined this Group (Giving Back) because....
As the executive director of a non profit, charitable organization, I know that many local, service oriented charities are overburdened, understaffed, under funded, and under appreciated.  Some years they spend five dollars for every dollar raised... oftentimes going into to debt themselves just to serve the people in need. They are available to help keep people from falling through the cracks and all but forgotten during the hustle and bustle of everyday life. Sure, we all dig deep when a natural disaster strikes... but do we, as a people, see how life's non-catostrophic struggles can tear apart families?
The threat of … (3 comments)

loss mitigation: ForeclosureFocus: New Bankruptcy Dynamic - 02/09/07 10:27 AM
I've seen some terrific information made available on AR, and I'd like to contribute. For those of you interested in a collection of current articles on mortgage foreclosure, predatory lending, and pending legislation, here is a Yahoo Site with  an updated collection of articles. In the links section, there is a diagram describing the new bankruptcy dynamic.  Yahoo membership is free, and takes about 3 minutes.
Sample articles:
Getting Aid to Avoid Foreclosure  largest mortgage fraud ever ...... Housing Bubble HUD would help families in trouble make payments for up to 3 yearsThink it can't happen to you?Beware Reverse Mortgage ScamsARM Performance Falling Fastgrant writer needed Don't hand your … (4 comments)

loss mitigation: mortgage origination fraud case in Anywhere, USA - 02/08/07 12:52 PM
Here's an example of a origination fraud scheme I've uncovered in Florida last month involving a mortgage broker, real estate broker, and an appraisal trainee. This type of fraud happens everyday, but is not always reported upon.  The property is in Florida, but it could just as well be Anywhere, USA.  The purchaser became an unwitting, but participatory victim.  The mortgagee who purchased the subprime, 80/20 exploding ARM paper is facing loss, too.
A single Mom, financially unsophisticated, shared in the dream of homeownership. Never before owning a home,  and lured by the promise of a 'no money down' purchase, and money back at closing, she … (20 comments)

loss mitigation: Preforeclosure Listing Workshop - 02/08/07 07:04 AM
The nonprofit, preforeclosure housing counseling organization, S.P.O.C.H., choreographs preforeclosure, and preforeclosure short sales. As a mutually beneficial service to realty professionals, we have developed a "Preforeclosure Listing Workshop" after which we could train a selected agent to be your 'short sale pro', and provide short sale transaction support.  We also can assist in the development of a preforeclosure listing campaign.
See our blog "A Perfect Storm"
(0 comments)

loss mitigation: USA_Dave's TOP TEN SIGNS A HOMEOWNER IS FACING FORECLOSURE - 02/07/07 11:28 AM
USA_Dave's Top 10 Signs a Homeowner Faces Mortgage Foreclosure
#10.   Your name and address appear on several creative real estate investment internet sites, and now the       mailman needs a handtruck to deliver your daily mail.
#9.   Perfect strangers begin showing up at your door with cameras, measuring tapes, and color swatches.
#8.   After reading the electric meter, the meter reader removes it from your house, and as he takes it back to the truck, he bumps into a guy who is snapping a padlock on the gas meter.
This essay was to be both eye-catching and enlightening in an attempt to draw attention to … (4 comments)

loss mitigation: If you find a Client in financial trouble... - 02/06/07 07:28 AM
Tough times ahead?  Tough times now! Personal savings are at historic lows (in the negative) while borrowing is at an all time high! Jobs, once secure, are being lost to automation and offshore employers. The minimum payment requirements for credit cards has doubled while personal bankruptcy plans are harder to get and more expensive to keep. Property and other regressive taxes are climbing to record levels making homeownership more precarious for hundreds of thousands working Americans who live from paycheck to paycheck. People are pawning their possessions to fill their tank, and mortgage delinquencies are on the rise to historic levels. … (0 comments)

 

David Petrovich

Oakhurst, NJ

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S.P.O.C.H. a 501c3 Charitable NP

Address: P.O. Box 142, call for FedEx delivery location, Oakhurst, NJ, 07755

Fax: (732) 571-9475

Office: (732) 571-9464

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All things foreclosure: subprime & predatory lending updates, mortgage origination fraud, loan servicing errors, loss mitigation, preforeclosure sale and preforeclosure short sale transaction construct, etc.


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