resolving nj mortgage foreclosure actions
New Jersey Supreme Court Orders Mortgage Lenders to Court in January 2011
In what could quickly become a major national news story, The Press of Atlantic City reports that six mortgage lenders in New Jersey (including some who are the biggest banks in the U.S.) have been ordered by the state’s Supreme Court to appear in court on January 19 to explain why the state shouldn’t suspend their foreclosure practices as a result of the robo-signing that has been rampant the past few months. The lenders are reported to be Ally Financial; BAC Home Loan Servicing, which is a subsidiary of Bank of America; Chase Home Finance, which is a part of JP Morgan Chase; CitiResidential Living, which is a subsidiary of Citibank; OneWest; and Wells Fargo Financial New Jersey. An additional 24 lenders were given 45 days to provide evidence there aren’t irregularities in their foreclosure actions.
New Jersey has been swamped with foreclosures, and within the last few years, the number has skyrocketed. In 2006, there were over 24,000 foreclosure cases in the state. By 2009, that number had risen to over 66,000. By the end of 2010, the courts had handled over 46,000, with thousands more in the pipeline.
Unfortunately, evidence has arisen that has shown the banks have not been honest in their foreclosure practices. The recent robo-signing crisis brought to light the fraudulent practices of the nation’s banks, who hired individuals who have been dubbed “robo-signers” to process hundreds of foreclosure affidavits every day. This does not provide assurance that the banks’ claims against borrowers are documented and accurate, which they are required to prove legally.
The robo-signing predicament is a national problem, and the fraudulent practices of mortgage companies and banks have affected Americans across the country. To learn more about your rights as a homeowner in New Jersey, contact the Law Offices of Robert Manchel. Our New Jersey foreclosure lawyers can help you understand your legal options during this difficult time. Call us today at 866-503-5655.
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Bank of America Pledges to Reduce Mortgage Principal for Some Borrowers
On Wednesday, March 24, Bank of America announced that it would eliminate as much as $3 billion in principal owed by thousands of delinquent homeowners whose mortgage balance was at least twenty percent greater than the value of their house. Bank of America’s new program is directed at borrowers who received high-risk loans form Countrywide Financial, a company purchased by Bank of America in 2008.
Bank of America’s newly announced loan modification program both differs from, and supplements, the government’s own modification program announced in 2009, in that it provides a reduction in principal owed, rather than merely a lowered interest rate. With home sales and prices dropping substantially, some commentators have welcomed this shift toward principal reduction, while others are more cautious, emphasizing that this represents yet another temporary fix to a larger crisis.
Bank of America will directly contact borrowers it deems eligible for the program. Eligibility is established where borrowers can demonstrate a hardship in making current payments, are at least sixty days delinquent on their loan payments, and owe at least 120% of the outstanding loan balance. The plan is designed specifically to address troublesome loans such as option ARMs, or adjustable-rate mortgages, of which there are an estimated 900,000 currently in existence.
If you are burdened with a high risk home mortgage, and are having difficulty making regular payments, this is certainly welcome news. However, there are many Americans who either will not be afforded access to this program, or will find that even with a mortgage modification they are unable to avoid a foreclosure action. In which case, it is time to call the Law Offices of Robert Manchel at (866) 503-5655. Our New Jersey bankruptcy attorneys can provide options for saving your house from foreclosure, with or without bankruptcy protection. Contact Robert Manchel today for a free consultation.
Source:http://www.nytimes.com/2010/03/25/business/25housing.html
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