July 2011 Archives

July 31, 2011

St. Augustine Foreclosure Lawyer: Changes to Mortgage Servicers on the Horizon

Thumbnail image for Thumbnail image for foreclosure_help.jpgMuch of the recent foreclosure crisis news has centered on homeowners and investors and their fight to get compensation compensation from banks due to foreclosures. But in the coming months, mortgage servicers will be undergoing drastic changes that every interested homeowner should know about. Primarily, the changes will surround the addition of thousands of sub-servicers to what has become a busy foreclosure docket.

Wells Fargo, for example, has brought its loss mitigation team up from 6,000 to 16,000 members. The bank has also dedicated a mortgage specialist to manage each modification from beginning to end, a practice heralded in the mortgage service industry as award winning and the first of its kind. Wells Fargo's endeavors include the addition of 27 home preservation centers in the hardest-hit communities around the country.

Some companies have hired even more representatives. JP Morgan Chase hired 10,100 new employees to help mitigate its increased workload. The company also plans to have 82 "Chase Homeownership Centers" since the end of Summer 2011. Bank of America has expanded its homeowner assistance team from 3,900 in 2008 to a whopping 35,000 employees by the end of this year. Bank of America also opened 23 new customer assistance centers and promises to bring that number to 40 by the end of the summer.

Working with your servicer and attending any workshops they might offer is always a good idea when behind on mortgage payments. The fact that there are more servicers available to work with you might be a great help, but it may also accelerate the foreclosure process. If you are facing a Florida Foreclosure Lawsuit and are interest in exploring your foreclosure options, contact a Jacksonville Foreclosure Lawyer or a Florida Foreclosure Defense Lawyer today.

July 30, 2011

Lender Processing Services Financial Woes Come to Light

Thumbnail image for LPS Logo.pngEver since its was revealed that federal investigators were taking a look into their mortgage foreclosure practices Lender Processing Services Inc., the company has maintained that the search would not result in numerous financial penalties by way of fines and lawsuits. The investigations look to be doing just that as LPS lowered its second-quarter earnings forecast from 79¢ to 82¢ cents per share to 54¢ to 56¢ cents per share last Thursday.


The catalyst behind the LPS breakdown is the intimate relationship they share with lenders, who have slowed their foreclosure process in light of allegations of forged documents by LPS subsidiaries. The company is also facing increased costs because of pressure put on customers and regulators.

Last week LPS stock fell to $20.42, down $2.95, and Macquarie Capital analyst Kevin McVeigh lowered his rating on the stock from "outperform" to "neutral." If one thing is certain for the company, it's that investors will take a more observational stance until investigations come to a close and the effects on LPS come full circle.

If you are having trouble paying a mortgage or if you are currently in foreclosure, contact a foreclosure defense attorney in Jacksonville today to discuss your case and find out what options may be available.

July 29, 2011

Two Michigan Counties Sue Fanny Mae and Freddie Mac

Thumbnail image for fannie_freddie.jpgTwo counties in Michigan have filed unprecedented lawsuits against two of the nation's largest subprime mortgage lenders, Fanny Mae and Freddie Mac. Oakland (which is north of Detroit and includes the cities of Troy and Southfield) and Ingham (located in central Michigan and includes Lansing) are accusing Fanny and Freddie of fraud, alleging the two mortgage companies made false statements in order to get out of millions of dollars in local and state taxes.

In Michigan, counties have a tax rate of $1.10 for every $1,000 of value being transferred. If a home sells for $100,000, there would be a $1,100 tax that would go to the county. The State has a similar tax, but much higher -- $7.50 for every $1,000 being transferred. Oakland and Ingham allege the two companies fraudulently avoided paying these taxes over the past six years, costing millions of dollars to counties and the State.

Officials in Ingham say they are simply trying to get to the bottom of things. Oakland officials, however, are taking a more direct stance. Oakland's Treasurer, Andy Meisner, is alleging the companies engaged in fraudulent conspiracy. According to the suit, the two companies did not pay the Transfer Tax because they have claimed in transfer documents that the transaction is exempt from the tax pursuant to Michigan or Federal statute. However, Meisner alleges that Fanny and Freddie did not qualify for those statutory exemptions, which, if true, means they owe the state and these counties several million dollars.

The suits were just recently filed and there has not yet been a response from either Fanny Mae or Freddie Mac. While these companies are only two among many companies involved in the subprime mortgage meltdown, it is encouraging to see that action is being taken against them. If you are facing a foreclosure where you are being sued by either Fannie or Freddie, contact a Jacksonville Foreclosure Lawyer or a Florida Foreclosure Lawyer today.

July 28, 2011

Former CEO of Florida-based Mortgage Company Sentenced for role in Fraud

Thumbnail image for Taylor, Bean & Whitaker.pngIf you have been keeping up with foreclosure news in Florida, you may remember the name Paul Allen. You may also remember the mortgage company Taylor Bean & Whitaker. That notorious company collapsed in 2009 after its criminal investigation became public and the FHA pulled its ability to give FHA mortgage loans. The investigation eventually lead to a charge of fraud for a $3 billion dollar scheme that wound up being one of the largest cases of fraud in U.S. history.

The fraud that Taylor Bean & Whitaker engaged in also led to the collapse of Colonial Bank, which is the sixth largest bank failure in history. Colonial Bank collapsed after buying hundreds of millions of dollars in Taylor Bean mortgages that had already been sold to other investors -- in other words, Taylor Bean sold the bank something Taylor Bean didn't have. Deutsche Bank and BNP Paribas lost almost $2 billion after buying stocks from Taylor Bean that were not properly backed with collateral.

Paul Allen was officially the CEO of Taylor Bean while all this fraud was going on. However, his lawyers argued that he wasn't exactly the most present CEO. Instead, his lawyers argued that it was actually Lee Farkas, a company chairman, who was facilitating most of the fraud. This argument was relatively successful, as Allen was sentenced to just shy of six years in prison. Farkas faces sentencing at the end of June, and prosecutors are seeking a much longer sentence than his co-conspirators.

If you are facing a Florida Foreclosure Lawsuit and you got your mortgage loan through Taylor, Bean & Whitaker, contact a Jacksonville Foreclosure Defense Lawyer or a Florida Foreclosure Defense Lawyer today to discuss what foreclosure alternatives may be available to you.

July 27, 2011

Wells Fargo Sells Home They Don't Own!!

Thumbnail image for wells_fargo.gifA homeowner in Cape Coral Florida funneled $230,000, nearly all of his family's savings, into a home he eventually learned he did not own. The homeowners bought the Cape Coral home from Wells Fargo Bank in November of 2010 and by January, they were living with the possibility that they might be out on the street. That's due to the fact that Wells Fargo didn't own the home when they sold it to the homeowners.

The issue was that a previous owner of the house was foreclosed on during the housing bust in 2007. Wells Fargo was named as the trustee in that foreclosure, which ended with the home being slated for sale at a public auction. The auction never happened and Wells Fargo eventually moved to vacate the sale and set aside the certificate of title, which reverted the ownership of the home back to the previous owner. Wells Fargo didn't communicate its actions with the loan servicer, American Home Mortgage Servicing Inc. The new homeowners purchased the home from American Home, who signed the deed on behalf of Wells Fargo. The Lee County Clerk of Court Charlie Green cites sloppy work and the mass of documentation involved in the mortgage-backed securities market.

Wells Fargo has denied any wrongdoing in the matter because as the trustee, they just rely on the decisions of the servicer in foreclosing on a home. There may be a long road for the new homeowners in order to discover who exactly is responsible for selling them someone else's home. One thing is for certain, the emotional shock and anguish that comes from such a tragic occasion is beyond sizeable.

If you are facing a Florida Foreclosure Lawsuit, contact a Jacksonville Foreclosure Defense Lawyer or a Florida Foreclosure Defense Lawyer today.

July 26, 2011

Bank of America Sets Aside Historic Amount in Settlement Deal

Thumbnail image for boa.pngBank of America announced today that it will set aside $14 million in a deal to pay back investors for money they pumped into the bank's mortgage-backed securities market. The amount marks an historic occasion, it is the banking industry's largest settlement tied to the real estate bubble and subsequent bust to date. The Bank's mortgage woes largely stem from the its acquisition of underwriter Countrywide Financial.

$8.5 million of the settlement will go to the investors. Bank of America also promised they would dedicate another $6.4 million to clean up areas of its mortgage practice in general. Investors mentioned that many, many liabilities still exist as a result of the bank's mortgage practices, but among the largest were lackadaisical review of the mortgages that were being bundled and sold to investors. Hopefully, that is enough money to boost training and compliance within Bank of America's mortgage departments.

All 50 state attorneys general are in the process of wrapping up an investigation into allegations of abuse by the biggest mortgage servicers for bundling subprime mortgages with less-than-truthful information and then selling them off as legitimate investments.

While it seems like the banks, servicers, lenders, and investors are finding their route to redress, the remedy for the buyer has still yet to surface. If you are facing a Florida Foreclosure Lawsuit from Bank of America, a Jacksonville Foreclosure Lawyer or a Florida Foreclosure Lawyer can help decide what the best option is for you based on the exact facts and circumstances of the case.

July 26, 2011

Jacksonville Foreclosure Defense Lawyer Question: What is the Differences Between Judicial and Nonjudicial Foreclosure

Thumbnail image for judge.gifFlorida Governor Rick Scott recently hinted his support for Nonjudicial foreclosures in Florida. No official action has been taken and it does not appear that such a switch will happen any time soon. However, as a Florida resident, you should be aware how the foreclosure system works. Many have Judicial foreclosure systems, including Florida; however, this blog will explain some of the big differences between the Judicial and Nonjudicial process.

In Florida and other Judicial foreclosure states, banks and other mortgage lenders must file a lawsuit -- a "complaint"-- in a state court before they can even try to foreclose on your home. The complaint must state what the debt is and must also explain to the court why the bank should be allowed to foreclose on your home. If you don't respond, the court can enter a default against you and ultimately rule in favor of the bank. Of course, if you find yourself in this situation, you should consider calling a Florida Foreclosure Defense Attorney to see what option you may have.

If the court agrees with the bank, it issues a judgment against the homeowner. The court will then issue a "writ" authorizing the sale of your home. This is called a sheriff's sale and is a bid format. It's open to anyone who wishes to bid on what was formerly your home. The purchaser must generally pay cash in full, or pay a substantial deposit. The court must approve the sale; however, sales such as this are generally approved.

In Nonjudicial foreclosure states, banks do not have to go to the courts in order to foreclose on a home. The laws governing what the banks must do varies from state to state; further, the documents the homeowner signed when securing the mortgage will likely law out much of the procedure. However, some of the process is essentially the same. When the homeowner defaults, the bank will mail a default letter. If the homeowner doesn't pay the bank back, the bank will mail the homeowner a Notice of Sale. The bank usually also has to publish the notice of sale in the newspaper and other public places. If the homeowner still does not pay the bank, the bank will sell the home in an auction.

Remember, if you are in Florida and are facing a foreclosure, immediately contact a Jacksonville Foreclosure Lawyer or a Florida Foreclosure Lawyer today to discuss your options.

July 25, 2011

Jacksonville Foreclosure Defense Lawyer News: Florida Ranks Third Highest in Mortgage Fraud

Thumbnail image for fraud.jpgA quarterly study recently released shows Florida toward the top of the list for risks of mortgage fraud. Florida was topped only by Nevada (at number one) and Arizona (number two). Northeast Florida, including Jacksonville, was rated a "high" risk while Southern Florida, including Miami and Orlando, was ranked a "very high" risk. North Western Florida, on the other hand, was given a "low" risk rating.

In making its conclusions, the report looks primarily at four types of mortgage scams: property valuation fraud, identity fraud, occupancy fraud, and phony income reports.

Property valuation fraud typically involves manipulating property values to create a profit margin. It's similar to "flipping", which was very popular before the market crash, in that the buyer purchases a home intending to sell it at a higher value. Unlike flipping, however, the buyer doesn't add any actual value to the home -- instead, the buyer uses shady numbers and other tactics to artificially raise the price of the home and then sells it to an unsuspecting buyer.

Identity fraud is a relatively well-known problem. In the mortgage market, identity fraud generally means a buyer pretends to be someone else. This enables him or her to obtain a better credit rating and attain a loan that he or she otherwise might not have received.

Occupancy fraud involves buyers who falsely claim they will live in the house full time. A full-time residency generally means lower down payments and lower interest rates. Similarly, phony income reports involve buyers who falsify income documents to appear to have more assets than they really do.

All of these types of fraud have a negative impact on the mortgage industry and only increase paperwork for already backed-up banks and courts. Hopefully the fraud and unscrupulous behavior surrounding Florida's foreclosures market subsides in the coming months and years.

July 23, 2011

Florida Foreclosure Defense Lawyers Blog and related sites

Over the past several years the Apple Law Firm has expanded into several additional practice areas. As these practice areas grown we have been adding staff and creating more informational blogs to help consumers and our clients understand some of the common legal issues. May of our current readers do not realize that we cover these additional practice areas so I wanted to take a moment to update you with them:

For those of you who use an iPhone, we are trying to make some of the information and resources available through our new Apple Law Firm PLLC iPhone Application.

Our main Website is for the Apple Law Firm PLLC

The Florida Estate Planning Lawyer Blog covers a variety of topics focusing on Asset Protection, Estate Planning, Elder Law, Guardianship, and Probate

The NFA Gun Trust Lawyer® Blog covers unique issues involved with estate planning, the purchase, possession, use, and transfer of firearms including those regulated by the National Firearms Act. Helps provide guidance on a National level through a network of over 150 lawyers in 43 states.

The Jacksonville Criminal Defense Lawyers Blog covers issues related to criminal defense, case-law updates, and legislative changes as they relate to protecting your rights from restrictions by the State of Florida dealing with your freedom.

The Florida Foreclosure Defense Lawyers Blog covers issues in Florida and around the country that help homeowners protect their home which is often their single biggest purchase. While we write on topics that have relevance to the entire state, our practice area focuses on the counties surrounding Duval or the City of Jacksonville and its surrounding area.

The Jacksonville DIvorce Attorney Blog covers topics relating to your family life, marriage, divorce, child custody, support and guardianship. Many of the articles help our clients to understand what can happen in these very emotional times and how slight differences in the circumstances can make a significant difference.

The Jacksonville Personal Injury Lawyer Blog covers issues relating to injury and compensation for the negligence of others. This is our newest blog and will be launching in the next few weeks.

The Jacksonville Bankruptcy Lawyers Blog covers topics related to bankruptcy and specific circumstances that may allow one to qualify for certain exemptions and benefits afforded under the Federal bankruptcy Code.

We hope you enjoy our postings and take the time to visit some of out other blogs that cover different Florida legal issues as over 50,000 people a month do. If you have a question regarding one of these area or something involving a legal issues in Florida, please Contact us and one of the lawyers in that practice area will respond.

July 22, 2011

Bank of America Stonewalls Federal Investigators, HUD Reports

Thumbnail image for boa.pngAccording to a recent story in the Huffington Post, Bank of America has "significantly hindered" federal investigators looking into the bank's shifty foreclosure procedures. More than 3.8 million loans guaranteed by the Federal Housing Administration are under scrutiny by the U.S. Department of Housing and Urban Development (HUD). The bank prevented investigators from interviewing bank employees and also withheld key data and documentation, a federal auditor declared.

After this resistance, the U.S. Department of Housing and Urban Development (HUD) asked the Justice Department to issue civil investigative demands onto the company to try and compel the bank's cooperation. HUD also issued two subpoena's requesting documents and information; what they received was incomplete, conflicting and ultimately impaired the HUD's review. 
In one case, a Bank of America employee reportedly signed 75,000 foreclosure documents over a two-year period; this amounts to one document signing every five minutes. Now, borrowers in settlement negotiations are using the HUD's findings to back claims of abusive foreclosure.

If you are facing a Florida Foreclosure Lawsuit from Bank of America contact a Jacksonville Foreclosure Defense Attorney today is the best way to find out exactly how these developments may effect your case.

July 21, 2011

Jacksonville Foreclosure News: Florida Home and Condo Sales on the Rise

short sale sign.jpgRecent housing data shows that Florida's existing home and condo sales rose in May. Home sales increased by about 3 percent in May 2011 from sales in May 2010. Condo sales rose by 17 percent over the prior year's statistics. This is the sixth consecutive month that such sales have been on the rise. Of the twelve metropolitan areas studied, only Orlando saw home sales decline.

While this is good news, it is due in large part to continued decreasing home prices. In May 2010, the average sales price was about $142,900. In 2011, however, that average fell to $135,500. This quite a bit less than the national average, which sees homes sell for about $163,200 on average.

Condo prices, however, are increasing. The average condo price was $49,900 in May 2010. That number rose to $59,300 in May 2011. This is likely due to the fact that many buyers across the country are realizing that now is a great buyer's market -- indeed, it is a great time to buy that retirement home in Florida. Hopefully this is a sign that banks can start removing foreclosures from their balance sheets, which will likely increase lending and have an overall positive affect on the economy.

July 19, 2011

Stop Foreclosure Defense Attorney News: Ohio Foreclosure Judge Admits Corruption

Thumbnail image for judge.gifOhio Judge, Steven Terry, was recently found guilty of fixing a foreclosure case for Cuyahoga County Auditor, Frank Russo. Apparently, Russo provided the judge with thousands of dollars worth of campaign assistance, and asked for a favor in return. The favor was for Terry to deny a motion in a foreclosure case being handled by Russo's friend, lawyer Joseph O'Malley. During the trial, testimony was produced that indicated Terry did provide the favor to Russo. Terry's former magistrate, Monica Klein, testified the Judge denied the motion without even looking at the court file. Additionally, recorded conversations between Terry and Russo implemented the men in the crime to commit mail fraud.

Immediately after the verdict, Terry announced he would resign from his seat on the bench, where he served since 2007. He is the second judge convicted as a result of a federal investigation of corruption in the county. Terry could face up to 20 years in prison. He will be sentenced September 7, 2011.

For those interested in stopping foreclosures, this is yet another example of the potential for corruption that has permeated foreclosure courts across the nation. If you are facing a Florida Foreclosure Lawsuit and feel you have been a victim of corruption, contact a Jacksonville Foreclosure Lawyer or a Florida Foreclosure Lawyer today to see if your foreclosure can be stopped.

July 19, 2011

St. Augustine Foreclosure Lawyer: National Credit Union Administration Sues Banks

lawsuit.jpgOn of the most commonly cited reasons for the nationwide housing crisis, the banks gave loans to people who were not reliable to pay back the loan. The secondary housing market boomed as the original lenders sold pools of mortgages to investor companies or credit unions, who would then in turn, collect the money from and service those mortgages. Every mortgage has a different rating on how "good" it is, which in turn, affects the rating of the overall pool of mortgages. In order to get these investor companies or credit unions to buy these large pools of mortgages, the banks were doing different things to bump up the ratings of these mortgages, which would look better to potential buyers.

Now, according to a report, two banks, JPMorgan and RBS, are being sued by the National Credit Union Administration (NCUA) for "untrue statements of material fact," or "omitted to state material facts" which is against federal and state securities laws. The NCUA claims that it would not have bought those loans had it known that JPMorgan and RBS were bumping up the ratings. NCUA has plans to possibly sue another 5-10 banks.

If you are facing a St. Augustine Foreclosure Lawsuit, contact a Jacksonville Foreclosure Defense Lawyer or a Florida Foreclosure Lawyer today to determine what foreclosure defenses may be available to you.

July 18, 2011

Jacksonville Foreclosure Lawyer: Another Reason to Pay Attention to Everything From Your Lender

Thumbnail image for Jacksonville-Florida-MapSmall.jpgThis may be a mere coincidence or it may be intentional, there is no way to know for certain but it is a little fishy...

Today a client brought in this piece of paper left by the company trying to serve his foreclosure case when he was not home.

Front of Service.pdf (Pay close attention to the last line)...

Now look at what important information the client is supposed to "disregard" on the back

Back of Service.pdf

Now what if homeowners listened to everything their mortgage companies said!

July 18, 2011

Michigan Attorney General Issues Subpoenas Against Processors

Thumbnail image for service of process.jpgA Michigan Attorney General is determined to get some answers on behalf of his State's homeowners. Michigan AG Bill Schuette has issued criminal investigative subpoenas to mortgage support provider DocX and others companies affiliated with DocX; Lender Processing Services, Inc., Fidelity National Financial, Inc., and CT Corporations System.

The investigations are the result of a search Schuette originally began in April, after county officials expressed fear that many of the Mortgage Assignment documents being filed in their office were forged. Now Shuette's office is investigating whether these companies permitted robosigning of the legal documents, which makes it likely the signatures were forged or worse yet - that a proper review of the documents never took place.

Mr. Schuette sent out a public message to current or former employees of mortgage servicers or processing companies in Michigan: if you have knowledge of any unlawful practices related to mortgage servicing documents, call their office directly - (517) 373-1160.

The office in Michigan is also working with fellow Attorney General's on a national level to address malicious lending practices and consumer protection on a broad scale. While it is still too early to be sure of what these investigations will unearth, a Jacksonville Foreclosure Defense Lawyer hopes that these companies are held accountable for their actions.

July 18, 2011

Deutsche Bank pays Almost half a Billion to Avoid Prosecution

deutsche.jpgWe often hear about disgraced corporate executives and fraudsters hiding their money in Dutch banks, where it would apparently disappear and be free from federal taxes. In fact, between 1996 and 2002, the Wall Street branch of Deutsche Bank helped "high net worth" Americans -- i.e., extremely rich people -- hide $29 billion. This evasion allowed those "high net worth" Americans to avoid paying some $6 billion in federal taxes over the years.

Deutsche Bank's actions are, of course, illegal. In order to avoid federal prosecution, the Bank will have to pay $403,794,153 to the federal government. This is in addition to a civil suit brought by the Federal government for Deutsche Bank's involvement in the mortgage crisis. The Government is suing the bank for at least $1 billion for fraud, alleging that the bank "repeatedly" lied to a federal agency when securing federal insurance for thousands of unsound mortgages. Many of those mortgages defaulted; however, Deutsche Bank allegedly made money on the defaults by selling the mortgages to investors before they defaulted. Deutsche Bank is fighting the lawsuit, but it will be interesting to see how it is eventually resolved.

July 5, 2011

Foreclosure Backlog May Give Homeowners Extra Time

Thumbnail image for foreclosure_Street.jpgAt its current pace, it will take Florida another decade before all of the foreclosures currently filed will be taken care of. Surprisingly, Florida is doing better than other states: it will take another 62 years in New York and 49 in New Jersey, for example.

All across the nation, millions foreclosures are getting backlogged. Most states, in fact, have established systems by which foreclosures do not go through the courts; however, even those states have backlogs of two to three years. The Florida Legislature has just decided to end the dedicated foreclosure courts for 2011. Indeed, the numbers are staggering: there are about two million homes already in foreclosure, with another two million in the red but not yet officially in foreclosure. Banks and courts are simply overwhelmed.

Banks have acknowledged the delay, which has been compounded by changing state laws (such as the requirement for mediation) and fraud on the part of banks (such as the revelation last year that many banks were filing false or inaccurate documents with the courts). A spokesman for Bank of America, for example, said, "Any suggestion that we have a strategy to delay foreclosures is baseless."

Although it may take some time before the banks may foreclose on you, banks are still able to take homes quickly through foreclosure for those homeowners not represented by attorney's. If you are facing a Florida Foreclosure Lawsuit, contact a Jacksonville Foreclosure Defense Lawyer or a Florida Foreclosure Defense Lawyer today.

July 4, 2011

Jacksonville Foreclosure Report: Rate of Florida Mortgages Underwater Down

home_under_water.jpgFirst quarter 2011 has come to an end and brought with it both good and bad news for Florida homeowners. Although Florida still boasts a 46 percent rate of homes being "underwater", i.e. homeowners owing more on the mortgage than the house is worth, that number appears to be on the decline. That also puts Florida behind Nevada and Arizona at 3rd in the nation for homeowners who are upside down on their mortgages.

Real Estate data aggregator CoreLogic, who compiled the numbers, noted that the average difference in cost v. amount financed was about $60,000.

Whether it's you or someone you know, Whether it's a short sale or loan modification, homeowners do have options when they are "underwater" in their home. If you are underwater in your home, contact a Jacksonville Foreclosure Lawyer today to determine what options may be available to you.

July 3, 2011

St Augustine Foreclosure Lawyer: LPS Hires Florida Deputy Attorney General

Thumbnail image for LPS Logo.pngJacksonville based Lender Processing Services, Inc. (LPS), which provides technology services for mortgage lenders, recently announced that former Deputy Attorney General of Florida, Joe Jacquot, will serve as Senior Vice President of Government Affairs for the company. LPS has indicated Jacquot will be responsible for leadership and strategic oversight of the company's legislative, political, advocacy, and other public affairs activities. In the past, Jacquot has served as Deputy Attorney General of Florida and Chief of Staff for Attorney General, Bill McCollum.

Jacquot's move comes as somewhat of a surprise since LPS has been under heavy scrutiny for allegedly falsifying documents used in thousands of foreclosure proceedings. An investigation was launched by the Florida Attorney General's Office last year. However, LPS has indicated that Jacquot did not participate in the investigation and will not engage the Attorney General's office on the matter.

Approximately 50% of all U.S. mortgages are serviced using LPS' Mortgage Servicing Package. If you are facing a Florida Foreclosure Lawsuit and you feel you have been a victim of fraudulent conduct by your lender, contact a Florida Foreclosure Lawyer or a Jacksonville Foreclosure Lawyer today to determine what foreclosure defenses may be available to you.

July 2, 2011

Clay County Foreclosure Lawyer News: Foreclosure Servicers Granted Deadline Extension

foreclosure-scam.jpgIn April, the Federal government mandated that all mortgage servicers must hire a private consultant to go through all the 2009 and 2010 foreclosure proceedings to make sure each servicer complied with mortgage regulations. The Fed gave every servicer 45 days to submit an action letter detailing the process each respective service would take in order to comply with the mandate.

12 of the 14 mortgage servicers did not comply, so the Fed has decided to give every mortgage servicer an extension. Major mortgage servicers SunTrust, Bank of America, and JPMorgan Chase were just a couple of the servicers to receive the extension. The Fed said the purpose for the extension granted to these servicers is to sync deadlines placed on a majority of the same servicers by different federal agencies.

This is just another example of the incredible leeway that many of the major mortgage companies are getting. If you are facing a Florida Foreclosure Complaint from one of the major mortgage companies contact a Jacksonville Foreclosure Lawyer or a Florida Foreclosure Defense Lawyer to determine what foreclosure defense options may be available to you..

July 2, 2011

Bank of America Stonewalls Federal Investigators, HUD Reports

Thumbnail image for boa.pngAccording to a recent Huffington Post article, Bank of America has "significantly hindered" federal investigators looking into the bank's shoddy foreclosure practices. More than 3.8 million loans guaranteed by the Federal Housing Administration are under scrutiny by the U.S. Department of Housing and Urban Development (HUD). The bank has prevented investigators from interviewing bank employees and also withheld key data and documentation, a federal auditor declared.

After this resistance, the U.S. Department of Housing and Urban Development (HUD) asked the Justice Department to issue civil investigative demands onto the company to try and compel the bank's cooperation. The HUD also issued two subpoena's requesting documents and information; what they received was incomplete, conflicting and ultimately impaired the HUD's review. 
In one case, a Bank of America employee reportedly signed 75,000 foreclosure documents over a two-year period; this amounts to one document signing every five minutes.

Now, borrowers in settlement negotiations are using the HUD's findings to back claims of abusive foreclosure. As these developments mount, it may be a crucial time to explore your foreclosure defense options. These reports only confirm what many have been saying all along: that the banks' involved in this foreclosure fiasco are not free from blame. If you are facing a Florida Foreclosure Lawsuit, contact a Jacksonville Foreclosure Defense Lawyer or a Florida Foreclosure Defense Lawyer today to see what foreclosure defense options may be available to you.

July 1, 2011

St. Augustine Foreclosure Defense Lawyer: How Foreclosure is Affecting Rent Prices

Thumbnail image for Rent_home.jpg

As these former homeowners increasingly move into rental properties, other renters are seeing rates increase. This goes against the traditional notion that you're rent will stay generally the same from year to year. Now, however, some renters are seeing a 5% increase -- or more.

As a renter, it's important to know your rights when it comes to rent increases. Unfortunately, Florida law does not provide much protection for renters facing such increases. Your primary option is to negotiate with your landlord to either lower the monthly rent or get some additional benefit. For example, perhaps the increase will seem more reasonable if your appliances are updated. Unfortunately, however, it will likely be another year or two before the housing market stabilizes and demand for rental properties decreases.