Foreclosure Filings Rise 7%

Does Your Foreclosure Defense Attorney Make the Cut?

It is all over the news. According to one of the industry experts for tracking this type of information, RealtyTrac, U.S. foreclosure filings rose seven percent (7%) in October 2011. So what does this mean? It means if you are one of the millions of homeowners who have fallen behind in their mortgage payments you better talk to an attorney and evaluate your options.

“What?” you ask.  “I have options? How can that be? I owe the money….” Believe me, YOU HAVE OPTIONS!

The real question you should be asking yourself:  How can I (a regular person) determine if the attorney I am speaking with (supposedly an expert in this area) actually knows what they are doing? Do they have the expertise to legally “work the system” so I can stay in my home for many years to come, despite the fact that I have not paid my mortgage payments. The Top Five List below provides some guidance and insight.

TOP FIVE LIST

You know the attorney you are speaking with should NOT be hired as your foreclosure defense attorney when…

1.       They do not ask you if the mortgage was an original home loan or a refinance and if it was a refinance, if it is less than three years old.

2.       You shared with them you would like to apply for a loan modification and they do not suggest using a HUD counselor (these counselors are FREE).

3.       They tell you that because you did not pay your mortgage you do not have a case.

4.       They tell you that it’s too late to do anything when you share your home has been auctioned off by the sheriff without first asking if the sale has been confirmed by the court and a host of other questions.

5.       They will not let you pay a flat rate of $300 a month after paying the initial retainer fee of $1,500 for their services.

This is your home and it is your future. Do not let the attorneys you call for help intimidate you. Take the time to ask questions. Take the time to find an attorney who knows how to utilize the legal system to your advantage at a price that keeps you out of the poor house and in your home for as long as legally possible.

Karen Coffey
Attorney At Law
kcoffey@coffeyatlaw.com

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Think Your Lender Hasn’t Filed A Lawsuit?

On more occasions then I care to admit, I have had a potential client sitting in my office ready to
bet me money that their lender had not filed a lawsuit against them. The conversation usually goes something like this:

“I see they officially started the foreclosure process last March. According to the online docket…” I begin as calmly as I can.

“What!?” they interrupt with underlying panic in their voice. “There can’t be a foreclosure lawsuit
pending against me. I’ve been working with the bank on [fill in the blank with about 10 options].
They promised nothing would be filed while we tried to work it out!”

I wish I could claim that as the all-knowing FREST (Foreclosure Representation to Extend
Stay Time) attorney that I had a magical crystal ball showing me who is being sued for foreclosure and who is not. However, I cannot claim that because I don’t.

A little known secret (until now): Everyone has access to this information. Not only is each lawsuit a public record that can be accessed by pulling the file in the court building, more and more court systems are posting this information on the Internet!

In Cook County, IL you too can see (at no cost) if a lender has filed a foreclosure lawsuit against
you… or your neighbor… best friend… mortal enemy… you get the point.

By clicking on this link — http://bit.ly/AreYouBeingSuedByYourLender — you will be able to confirm if there is a pending foreclosure. If a lawsuit has been filed, this site provides access to the case docket (i.e. the timeline the case has followed thus far and what was filed with the court when). To obtain the correct information you must exactly follow these few easy steps after you click on the above link:

  1. Scroll down to Division Name and choose “Chancery”
  2. Scroll down to “Search by Name”
  3. Click on the circle next to “defendant”
  4. Type in the home owner’s name you wish to search (spelling matters)
  5. Hit the “Search Now” button

Whatever you find, please remember this – knowledge is power. Now that you know, you can do
something about it!

So now what? Regardless of whether or not there is a pending lawsuit, in my opinion your best next step is to connect with a FREE HUD counselor. In Cook County, my favorite organization (to date) is the Rogers Park Community Development Corporation. www.rogersparkcdc.org. (Ask for Heather Hain-Whiteford, current director, and tell her I referred you for services. If you have anything but rave reviews, call me at 773.316.7619!) They will go over all of your options with you. Together, they will help you sort out which options are viable alternatives and guide you through what paperwork you will need to collect for each strategy available to you.

Do not neglect to visit my website www.coffeyatlaw.com to learn more about FREST — (Foreclosure Representation to Extend Stay Time). You are not in this alone. There are free (HUD counselor) and flat-fee based services (my law firm) that will help you through it.

A final piece of advice: if you see your neighbor’s name on the Cook County Clerk’s website and their house is in foreclosure — Be a good neighbor and forward this article to them!

Karen Coffey
Attorney at Law

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Rescue Your Home From Foreclosure!

In these troubled times, I am often approached by people who are having problems making their mortgage payments – usually through no fault of their own. They are just victims of the turbulent economy that many of us have fallen prey to.

No so much by choice, but by demand, I have done a lot of digging into this field these past few years. I have learned more about what goes on behind the curtain in a distressed sale then I ever wanted to. It is not an easy body of knowledge to wrap your hands around. A lot of that has to do with the sheer amount of chicanery and charlatans ready, willing and able to prey on the desperation of home owners in trouble.

The other issue is that the rules of the game are constantly changing. And all of us are learning as we go. It has been 80 years since our economy has experienced this kind of turmoil (but we are NOT in a depression – this is just a recession. And if you believe that, then I have some ocean front property…)

In the last Great Depression, homeownership was not nearly as widespread as it is today. Prior to FDR’s sweeping changes in the way people bought and financed homes, homeownership was a privilege granted only to the wealthy. Mortgages as we know them today did not exist. When you bought a home, you typically put half down and financed the balance over 10-15 years. Homeownership was the purview of the wealthy – not something that the Average Working Joe ever aspired to.

Through FDR’s creation of Fannie Mae – and then later Freddie Mac and Ginnie Mae, banks now had a place where they could sell their loans, freeing up capital so they could make more loans. Prior to the formation of these quasi-public institutions, banks did not have a secondary market to sell to – and so kept those loans in their own portfolio.

So even though today’s tough times share many similarities with the last Great Depression, today’s set of circumstances are totally unique from that historical situation. However, there can be no question that today’s economic situation requires bold action probably on a scale similar to what FDR did. Whether our leaders are capable of such bold action seems extremely doubtful.

In the meantime, if you are a homeowner faced with foreclosure, what should you do – and what CAN you do?

  1. The very worst thing you can do is bury your head in the sand and hope it all goes away. While facing the issue squarely in the face may be one of the hardest things you have ever done, it is the only way you will ever be able to get out from under.
  2. In spite of all the PR to the contrary, the bank is NOT your friend. Calling the bank to ask for help is like opening the gates and inviting the barbarians into the compound. Think of it this way: when you are served with the papers of a lawsuit, is that the action of a friend? In a foreclosure, the bank is suing you. They are, most decidedly, NOT your friend!
  3. It is clear that you will need professional help to get through this. And this may be the toughest part of all – because there are way more charlatans out there then competent professionals. And even honest, well-intentioned ‘professionals’ may not be competent to properly advise you.

So what can you do to protect yourself?

First Step: DO NOT SIGN ANY PAPERS YOU DO NOT THOROUGHLY UNDERSTAND AND DO NOT GIVE ANYONE ANY MONEY – FOR ANYTHING!

Second Step:  Go to http://HUD.gov and get the name of an approved HUD counselor. This service is free – or available at a very nominal expense. So go ahead and make an appointment to meet with a housing counselor. They will tell you what documents you need to bring to the appointment.

Within the city of Chicago, you can dial 311 and ask to speak with a housing counselor. You don’t even need an appointment. If you have all your documents on hand, they will interview you on the spot right over the phone!

Third Step: Once you have reviewed all your options with the HUD counselor and you have determined a strategic plan to follow, give me a call. I will put you in touch with reputable and competent professionals who will take you by the hand and walk you through the process.

Do not succumb to the negative feelings financial problems may cause you. If ever there was a time to pull yourself together and look reality squarely in the eye, this is it. Do not make things out worse then they are – nor pretend that everything will be fine if you just ignore them. Be grateful for the good things you DO have. Learn to have a grateful and humble heart. Forget about unimportant things that only serve to upset you. Learn to focus on and appreciate the really important things in your life – the love of family and friends who are there and willing to help. Do not suffer alone in silence – ask for help. Friends and family can be invaluable aids to get you through this tough time. Remember, no person is an island. There is not a person alive who hasn’t needed a helping hand at one time or another. Swallow your pride and ask for the help that you need.

Step by step, you will eventually emerge from the nightmare of losing your home – and, if you choose, you will be stronger and wiser for the experience.

(For additional details on some of the various legal options available to you, click here now.)

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Take Advantage Of Today’s Real Estate Boom!

When it comes to smart investing, perhaps the most important predictor of success is if you are able to act contrary to what is being reported in the media. And many smart investors are causing a boom in real estate these days. It only makes sense: real estate prices may continue to drop somewhat – but certainly not another 20% or 30%. Sales data show prices scraping the bottom – up a bit one month, down a little the next. But it hardly matters – because these investors typically buy for the long term – not to ‘flip’. Foreclosures are at record levels; interest rates at historic lows – and the rental market is hot. All these conditions have merged to make this a ‘perfect storm’ for a hot real estate market for investors. Plus the stock market is so volatile right now that even the experts are staying up nights worrying. So where is the prudent investor going to put her money?

Economists don’t agree on much – but they all concur that there is a huge pent-up demand for housing. Builders have all but stopped bringing new inventory to market. Meanwhile, the population continues to grow. People need a roof over their heads – they have to live somewhere, after all. And moving in with Mom and Dad only works until the first baby or two arrive.

Without question, investors are driving the market right now. They are jumping in with both feet and taking advantage of the foreclosure market. (See my article: “Housing Outlook: Are Prices Bottoming?”) In many cases, investors are picking up property for less then the cost of the materials to build it! You can easily buy a home these days for less then the price of a mid-sized family car. In Illinois, the most recent sales data shows that sales in the <$100k price category are practically at levels on a par prior to The Great Recession! I have witnessed it first-hand: the moment a property comes on BELOW market, it will receive multiple offers within days – driving the final selling price above asking.

When you buy a property for so little, investors are not concerned about whether or not it will appreciate in value. Many of them are not looking to ‘flip’ the properties. Instead, they rent them for enough rent to generate a positive cash flow. They may even offer a tenant a ‘rent with option to purchase’ program. With so many homeowners having lost their home to foreclosure – and the banks so unwilling to lend money – a rent with option to purchase makes a lot of sense for many.

Fortune Magazine released their list of the 400 richest people in America recently. Many on that list made their fortunes in real estate. These are the economic conditions that allow the “average Joe” to create that type of fortune – the kind that is passed down to future generations. Do not let this ‘perfect storm’ of fantastic real estate bargains pass you by!

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When Will The Bust Be Over?

Thursday
August 19, 2010

I am reprinting here an interview which appeared today in RISMEDIA:

RISMEDIA, August 19, 2010—(MCT)—As director of the Joint Center for Housing Studies at Harvard, Nicolas Retsinas has had a front-row seat for the real estate market’s dramatic boom and bust. After 12 years at the center, Retsinas left the director’s job to teach housing finance at Harvard Business School. He spoke recently with New Jersey’s The Record about why buyers got mortgages they couldn’t afford, and why real estate matters so much.

Continue reading

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