New Jersey Foreclosures Lead the Nation

South New Jersey Foreclosure Attorneys

As of November 2014, information released by the Mortgage Bankers Association indicates New Jersey leads the nation in foreclosures. For the most part, the foreclosure crisis that followed the 2008 financial meltdown has abated and returned to levels seen before the 2008 recession. In New Jersey, however, one in six home mortgages is either delinquent or in foreclosure. While the percent of mortgages in foreclosure or delinquent is slightly less than this time last year (8 percent and 7 percent respectively in November of 2013), New Jersey is still posting foreclosure rates substantially higher than the national average.

Why Foreclosures are Higher in New Jersey

Part of the reason why New Jersey’s foreclosure rate is so high at this time is due to how foreclosures are handled in New Jersey. Under state law, foreclosures must go through the courts, which inevitably prolong the process. Additionally, due to a near halt in foreclosure activity in 2011 after questions regarding allegations of abuse and fraud in the mortgage industry, the system now has to play catch up.

Interestingly enough, most of the troubled mortgage loans are ones that were made prior to 2007.  According to Mike Fratantoni, the chief economist for the Mortgage Bankers Association, 74 percent of delinquent loans were made before the beginning of the 2007 sub-prime mortgage crisis.

Mortgage Troubles? Contact Foreclosure Attorneys at Shaffer & Gaier

If you’re facing foreclosure or the bank has already initiated foreclosure actions against you, it’s important that you understand your legal rights and protections. In some cases, foreclosure can be avoided if you bank is willing to refinance your home. If this isn’t an option, short-selling your home can help you avoid bankruptcy and other unwanted financial complications.

To learn how we can help you, contact the foreclosure attorneys at Shaffer & Gaier today. We have offices in Haddonfield, New Jersey, Philadelphia, Pennsylvania, and Fort Lauderdale, Florida.

Make Your Home Affordable

According to the US Census bureau, there are over 75 million homeowners in America; homeowner, however, is a broad term used to encompass many Americans on all different “levels” of homeownership. Based on a study conducted by the Department of Housing and Urban Development, of these 75 million homeowners, only 40% of the homes were paid off. Therefore 60% of US homeowners are essentially still paying a monthly bill for their homes and do not hold the deed that equates to actual ownership.

Be it that 45,000,000 American homeowners do not in fact actually own their homes, foreclosure is an ominous threat lurking at a vast number of doorsteps. With the aftershock of the recession still weighing heavily on our economy, an increasingly large number of Americans are finding their once affordable monthly mortgage payments are now incredibly unaffordable. As overwhelming as it is to realize that once seemingly reasonable mortgage payments now exceed your budget, it is important to never forget that help is available through a variety of channels for homeowners just like you. Specifically, a loan modification is a permanent change in the original terms of your loan that result in a payment you can afford. The Home Affordable Modification Program, commonly known as H.A.M.P., is a federal program specifically designed to offer loan modifications to eligible homeowners in mortgage debt

Been turned down before? Don’t panic. Many changes have been made to these programs to maximize the eligibility and assist as many borrowers as possible in retaining their homes. Don’t lose your home to due to circumstances out of control. It’s worth it to get the help that you deserve.

Contact Our Office

To set up an appointment, call our foreclosure hotline at 855-289-1660 or contact us online. Your first consultation is free of charge. Evening and weekend meetings can be arranged upon request. We will travel to your home if necessary to meet with you.

New Jersey Resident Wins Damages Against Predatory Lending Practices

The average homeowner does in fact have recourse against the big banks when it comes to mortgage fraud and foreclosure defense. Goods news comes this past January from a ruling by New Jersey Chancery Judge Peter Doyne that says Wells Fargo committed actionable fraud and predatory lending.

The case involves Oscar Montesdeoca, of New Jersey. Evidently, Montesdeoca was persuaded to borrow $600,000 pus dollars for a three-bedroom home at interest rates that ranged from 7.75 percent to 14.35 percent.

The ruling is considered a significant victory in the battle against predatory lending practices in New Jersey, where another home foreclosure occurs every eight minutes! In the case in question, the mortgage for the home was $4800 a month. However, Montesdeoca earned between $500 and $600 a week, with his wife working for $7.00 per hour. They could not possibly have covered the mortgage, which ended up being $5700 a month, including insurance.

It was determined that the loan officer who worked with Montesdeoca had promised that “if he paid the loan and maintained good credit (for two years) he would receive refinancing” to reduce the high interest rates.

The couple couldn’t read the paperwork, which was in English, and learned only later that the bank listed their income as over $10,000 a month, when it was far from that amount. When the couple’s son requested that the bank refinance the mortgage in order to lower the high interest rate, as the officer had promised, the bank officer never responded.

The good outcome is that the bank was made to refinance the loans, and pay all the couple’s legal fees, as well as three times his damages, as required by New Jersey’s Consumer Fraud Act.

Contact Shaffer & Gaier: Protecting Homeowner Rights

The law firm of Shaffer & Gaier protects the rights of those who are facing foreclosure or seeking mortgage modifications in New Jersey and Pennsylvania. To set up a free initial consultation, contact our office online or call our foreclosure hotline at 855-289-1660. Or call our office location in Philadelphia at 215-751-0100, or in New Jersey at 856-429-0970.

Source: http://www.responsiblelending.org/tools-resources/headlines/opinion-nj-court-resurrects-american-dream-from-foreclosure-nightmare.html

Wells Fargo Sued for Mortgage Fraud and Mortgage Discrimination

It appears that Wells Fargo is being sued on both coasts for mortgage fraud or discrimination.  In the first case, filed in New York, Wells Fargo, the nation’s largest home mortgage lender, is accused of ignoring terms of a multi billion dollar settlement that was meant to resolve foreclosure abuse. This particular case is being heard in the U.S. District Court, Southern District of New York.

The lawsuit claims that Wells Fargo violated the rules of an agreement between Wells Fargo and five other big lenders and 49 state attorneys general. Evidently, the bank is accused of not reporting defective home loans to the government.

The West Coast case was filed in December of this past year. The Los Angeles city attorney has sued Wells Fargo and Citigroup, claiming that both organizations participated in mortgage discrimination, which led to a rash of home foreclosures in minority areas during the housing bust.

The lawsuits note that “vulnerable, under-served borrowers” who had been denied due to years of unlawful redlining practices leapt at the opportunity to purchase a home when it was possible to obtain a sub-prime home loan, even if they couldn’t afford it.

Contact Shaffer & Gaier: Protecting Homeowner Rights

The law firm of Shaffer & Gaier protects the rights of those who are facing foreclosure or seeking mortgage modifications in New Jersey and Pennsylvania. To set up a free initial consultation, contact our office online or call our foreclosure hotline at 855-289-1660. Or call our office location in Philadelphia at 215-751-0100, or in New Jersey at 856-429-0970.

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