Favorable Settlement During Trial in Philadelphia

November 28, 2013 By

Our client had been sued by HSBC, one of the world’s largest banks (its initials stand for Hong Kong Shanghai Banking Corporation). In 2010, my client’s employer cut back on his overtime hours, and this caused a decrease in take-home pay. During the build-up to the housing bubble, HSBC acquired hundreds of thousands of U.S. mortgages from smaller lenders. Many banks got bailed out, but HSBC did not, and now claims that since it did not take any federal bailout money, it does not have to adhere to federal guidelines to modify mortgage loans, or engage in what I call reasonable settlement/resolution practices.

HSBC, therefore, demanded that the only way to reinstate my client’s delinquent loan was for the him to come up with 40% of the arrears. For homeowners that have been in foreclosure for a year or more, this often means that HSBC will not modify the mortgage unless the homeowners has tens of thousands of dollars to put down towards the new loan. In my client’s case, as in the case of most homeowners, this was not possible.

This scenario causes, in my view, more trials than are necessary since it is so difficult to settle by a loan modification. In this trial which started on November 27, 2013, the results ended favorably for my client. In this Philadelphia County case, HSBC was demanding that my client come up with over $60,000 in order to reinstate his mortgage loan (which already contained a 10.9% interest rate). My client rejected the offer, and the case proceeded to trial. Midway through the trial, HSBC made an offer to let our client remain in the home for almost another 12 months, and to waive the entire unpaid loan amount of $177,000. The case has been in litigation for nearly 3 years so this was a fantastic result for my client. The terms of the settlement were put on the record in front of the judge.

Contact Shaffer & Gaier

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.

Filed Under: Foreclosure, Foreclosure Abuses, Foreclosure Defense, Mortgage Lending, Mortgage Modification Tagged With: , , , , , , , , , ,

Mortgage Deliquencies Remain High in New Jersey

September 26, 2013 By

Even though there is an improving nationwide real estate market, mortgage delinquencies and foreclosures continue to be a problem in New Jersey. The national mortgage delinquency rate – defined as borrowers who are at least 60 days past due on their payments – shrank by 26% in the Second Quarter of 2013, when compared to the same period one year ago, according to TransUnion, the credit information service. The delinquency rate in August, 2013 was approximately 4.1%, still double what it was in the pre-recession period, but it is still on a downward trend.

Locally, however, things are not so good. While Florida and Nevada have the highest delinquency rates (9.9% and 8%, respectively), New Jersey is right behind them, at 7.2%.

In New Jersey, there were 4455 mortgage foreclosure lawsuits filed in July, and 4222 foreclosure lawsuits filed in August, 2013, a dramatic rise from 2012 and early 2013. In New Jersey, the nation’s biggest lenders have recently filed motion papers that are paving the way and allowing a greater number of foreclosure lawsuits to be filed. In New Jersey, it is expected that the number of foreclosure lawsuits will continue to increase through the end of 2013.

Contact Shaffer & Gaier

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.

Filed Under: Foreclosure, Foreclosure Defense Tagged With: , , , , ,

New Jersey Judge Vacates Bank’s Default Judgment

June 26, 2013 By

We represent the homeowners in an action in Somerset County, New Jersey. The bank claims that its process server successfully served our clients with a foreclosure lawsuit in December, 2012, yet our client claims he was never served. The bank’s process server indicated that he served a dark-skinned male with brown hair, yet my client has had a shaved head for over 10 years.

Based on the bank’s claim that they successfully served the foreclosure lawsuit on my clients, the bank then entered a default judgment because there was no Answer and Affirmative Defenses filed within the 35 days required under New Jersey law. When a default is entered, it can and often will preclude any litigation or challenge to the loan itself, including ownership, standing and predatory lending defenses that a homeowner often has.

I filed a Motion to Vacate the Default Judgment based on the bank’s failure to serve the complaint on the proper individuals. The court granted my motion, the Default Judgment has been removed from the court docket, and I filed an Answer and Affirmative Defenses with the Court. The case is now being litigated, but if the Default Judgment had remained in place, the bank would have been entitled to a Final Judgment, and then a Sheriff’s Sale, without ever giving the homeowners a chance to litigate and discover the true nature and ownership of the loan. Even though we persuaded the Court to vacate the default, this case illustrates the need for a homeowner to be vigilante and to get any and all paperwork over to his or her attorney in a timely manner.

Contact Shaffer & Gaier

To set up a free initial consultation, contact our office online or call our foreclosure hotline at 855-289-1660. Or, call our Philadelphia office location at 215-751-0100 or our New Jersey office at 856-429-0970.

Filed Under: Foreclosure, Foreclosure Defense Tagged With: , , , ,

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