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We Enter The Wider World Of The Mortgage Mess

The hope for judicially supervised mortgage modification in bankruptcy spurred us to start this site.  That hope died in the Senate  last session.

Though Congress walked away from a workable solution, and no one has produced a viable alternative, the problems of the California housing market continue.

We are widening our focus here to discuss not just legislative solutions but negotiated solutions and litigation tied to the mortgage mess.  Send us your questions and suggest housing related topics for exploration.

We live here in Northern California and we’re here to further your knowledge about your options for living through the mortgage mess.

 

Robo signers and underwater houses

States Attorney Generals, investigating defective foreclosure procedures used by the big banks, have proposed a settlement that would give homeowners a means to keep houses worth less than the debt.  Lenders would be encouraged to offer principal write-downs to make it desirable to stay in upside down homes.

NACBA has proffered a principal pay down plan which it hopes can be implemented without legislation.  The plan would utilize bankruptcy’s  Chapter 13 and would be a consensual provision of the Chapter 13 plan.  In exchange for crediting every mortgage payment during the plan to principal, the lender would get a new promissory note and a  release of  claims for past lender transgressions.

Stay tuned.

Free San Jose Modification Event

Meet face to fact with your mortgage servicer to discuss loan modification February 24, 2011 between 11 am and 7:30 pm at the San Jose Convention Center.

Sponsored by HUD, the Making Home Affordable Program, HOPE NOW and NeighborWorks America, admission is free.

You can either bring documents showing your household income and expenses such as your last two paychecks; information about each of your mortgages including lines of credit; statements for each of your other debts; and bank account statements, or, you can access and complete the Request for Modification form found at MakingHomeAffordable.gov.

There are helpful videos at www.youtube.com/user/MakingHomeAffordable.

You can also call 1 888 995- 4673 for more information.

Get property tax reduction

February 15th is the deadline for San Mateo County homeowners to apply for a review of the tax value of their real property.  If today’s market value is less than the assessed value, you may be eligible for a reduction in property tax.

The application for a review is available online at www. smcare.org.  Or call the assessor’s office at 650 363 4500.

There is no charge for the review.  But the deadline is Tuesday, February 15th.

Getting Assistance from HUD Counselors

As a bankruptcy lawyer I talk to homeowners every day who are trying to obtain a loan modification. So many of them have been at it for 18 months or more and are ready to throw in the towel.

The combination of filing for Ch 13 and working with a HUD counselor seems to be getting the best results. We send our clients to Surepath Financial for help dealing with their lender, but provide a list of others in the area as well.
When choosing someone to help with a loan modification it is important to go to a counselor approved by the U.S. Department of Housing and Urban Development for FREE assistance. You should NEVER be asked to pay for counseling or a loan modification.
Here are a number of HUD-Approved counseling services in and around Santa Clara County:
SUREPATH FINANCIAL SOLUTIONS

1190 South Bascom Avenue, Ste 208
San Jose, California 95128

PHONE: 877-615-7873
E-MAIL: clientservices@surepath.org
WEBSITE: www.surepath.org

- Counselors speak English and Spanish

AFFORDABLE HOUSING CENTERS OF AMERICA

395 E. Taylor St. Suite 230
San Jose, California 95112

PHONE: 408-297-3053
E-MAIL: jgaleano@ahcoa.org
WEBSITE: www.ahcoa.org

- Counselors speak English and Spanish

PROJECT SENTINEL

298 S. Sunnyvale Avenue, Suite 209
Sunnyvale, California 94086

PHONE: 408-720-9888 x 16
TOLL FREE: 888-331-3332
E-MAIL: mediate4us@housing.org
WEBSITE: www.housing.org

- Counselors speak English, Spanish, Chinese Mandarin, Hindi

PROJECT SENTINEL

7800 Arroyo Circle, Bldg A
Gilroy, California 95020

PHONE: 408-842-7740
TOLL FREE: 888-331-3332
E-MAIL: gilroy@housing.org
WEBSITE: www.housing.org

- Counselors speak English and Spanish
NEIGHBORHOOD HOUSING SERVICES SILICON VALLEY

1156 North Fourth Street
San Jose, California 95112

PHONE: 408-279-2600
WEBSITE: www.nhssv.org

- Counselors speak English, Spanish, Hmong and Vietnamese

NORTHERN CALIFORNIA URBAN DEVELOPMENT

Keisha Woods, Housing Program Manager
1836 Bay Road, Suite B
East Palo Alto, California 94303

PHONE: 650-328-1890×110
E-MAIL: keisha@norcaludc.org
WEBSITE: www.norcaludc.org

- Counselors speak English and Spanish
AVENIDAS

450 Bryant St
Palo Alto, California 94301

PHONE: 650-289-5433
E-MAIL: hlandsman@avenidas.org
WEBSITE: www.avenidas.org

– English Only

NATIONAL ASIAN AMERICAN COALITION

1535 Landess Avenue, Suite 146
Milpitas, California 95035

PHONE: 408-343-7701

- English Only

*** If you are outside Santa Clara County, the Department of Housing and Urban Development has a list of approved counseling agencies by State. You can access the list here.
Once you’ve set out on the path of seeking a mortgage modification consider the following tips.
• Do not let anyone pressure you into signing papers right away. Take your time to decide, and get more than one opinion on your situation.
• Do not sign your deed over to anyone if you are applying for a mortgage modification
• NEVER make a mortgage payment to anyone other than your mortgage servicer without its express approval

Hearings Tuesday on Mortgage Mediation

The Senate Judiciary Committee is holding hearings tomorrow at 10 a.m. regarding foreclosure mediation programs and the impact that Bankruptcy Courts may have on limiting Homeowner and Investor Losses.  A link to the web site where you can hear the web cast of the hearings follows below, along with the names of those testifying during the scheduled hearing.

“Foreclosure Mediation Programs: Can Bankruptcy Courts Limit Homeowner and Investor Losses?”

Senate Judiciary Committee – Full Committee

http://judiciary.senate.gov/hearings/hearing.cfm?id=4960

DATE:February 1, 2011
TIME:10:00 AM
ROOM:Dirksen-226


OFFICIAL HEARING NOTICE / WITNESS LIST:
January 25, 2011

NOTICE OF COMMITTEE HEARING

The Senate Committee on the Judiciary has scheduled a hearing entitled “Foreclosure Mediation Programs: Can Bankruptcy Courts Limit Homeowner and Investor Losses?” for Tuesday, February 1, 2011 at 10:00 a.m. in Room 226 of the Dirksen Senate Office Building.

Senator Whitehouse to preside.
By order of the Chairman.
Witness List
Hearing before the Senate Committee on the Judiciary On
“Foreclosure Mediation Programs: Can Bankruptcy Courts Limit Homeowner and Investor Losses?”
Tuesday, February 1, 2011 – 10:00 a.m.
Dirksen Senate Office Building, Room 226

The Honorable Robert Drain
United States Bankruptcy Judge
Southern District of New York

John Rao, Attorney
National Consumer Law Center
Boston, MA

Larry Britt, Homeowner
Riverside, RI

Dr. Anthony B. Sanders
Professor and Senior Scholar
The Mercatus Center, George Mason University
Fairfax, VA

Andrew M. Grossman
Visiting Legal Fellow
The Heritage Foundation
Washington, DC

Housing and Holiday Cheer?

I tell my bankruptcy clients that we can either laugh or cry about their situation.  If you are willing to laugh about the current mortgage mess, the sham of “mortgage modification” as a economy-wide solution, and the two facedness of the banks, try this version of  the old favorite, BofA  is Coming to Town.

Merry Christmas.

The (only) thing I love about HAMP

The only genuine accomplishment  of HAMP is the reminder that only 31% of  gross household income should be spent on housing.  In every other way, the program has been too little and what it provides is too often illusory.

Certainly here in California, we absolutely lost track of that budgetary rule of thumb.  Housing costs often soared above 50% of income.  We rationalized that the house was an investment, that California real estate always goes up, and our home was our retirement plan.  All of those rationalizations have soured.

The HAMP target for loan modification is a monthly payment, including property taxes, of 31% of the household’s gross income.  Applied to many of my clients, after deducting California property taxes, the resulting mortgage payment is often half of the  contractual payment.   It often seems that  it is that very disparity between contract and budget target that dooms the modification.

But I think the HAMP exercise is the first time too many homeowners have encountered the idea that housing expense should not overwhelm all other necessary expenses.  Further, that first of all, the mortgage payment is buying housing, not a piece of the Golden State, or arrival in the middle class, or any other abstract value.  It’s a roof over your head, first and foremost.

NBC seeks foreclosure/loan mod stories

Loan mod foreclosed stories on air

Have a story tip about foreclosures?

Are you a homeowner who got foreclosed upon AFTER participating in a trial/temporary modification? Are you a current or former loan servicer with inside knowledge of why so many homeowners are being denied modifications and getting foreclosed upon? If so, we want to hear from you.

Please contact NBCNewsInvestigates@nbcuni.com or click on the link below.

Substantive information only; no opinions please.

Negotiate THIS!

Earlier this month Reuters reported a mortgage bond scandal that details how the banks used inside information to drive down the price they would pay for pools of mortgages on one side while passing off the troubled assets to investors on the other.

All you need to do is take one look at a voluminous pooling and servicing agreement on the Security and Exchange Commission’s website to see just how much legalese was used to cover their proverbial back sides.  I took a look at one for a client just the other day and it was over 700 pages long.

One of my favorite pieces to this puzzle is looking at the power point presentation given to the SEC by the Mortgage Bankers Association in 2004.  Take a look at pages 11 and 12 detailing the problems the Mortgage Bankers Association saw and their proposed changes to solve the problems.

Big banks have done such a good job driving up dividends to shareholders by taking control of the market and finding every opportunity for arbitrage that it will take at least a century for the American people to regain any amount of faith in the system.  When debtors and creditors alike are up in arms wondering what has gone wrong, someone or some thing really pulled a fast one on us all.

As consumers try to negotiate this mess, they will believe nothing they are told and resort to good old fashioned sayings I remember my grandfather uttering  like “I don’t trust him as far as I can throw him.”

Of course the courtroom is open to bring these folks to justice one at a time.  But justice is expensive and often as economically wasteful as the tactics used to create the claims.  The bankruptcy court would be as good a venue as any to deal with these issues in turn, providing for a compromise and valuing a homeowner’s property at the market value.  It may not be a complete solution but it sure would get people focusing on what is important again right quick.  And that, my fellow Americans, would buy us all more than any $600 billion bail out ever did.