Historic BOA Settlement

Bank of America is settling a case by its investors relating primarily to the mortgages that were created by Countrywide. Here is the latest.

The Key Is To Avoid Foreclosure If You Want A Mortgage In The Future

The NY Times journalist Mayrann Haggerty wrote an interesting article this weekend on “The Post-Foreclosure Wait.”

Backlog of Cases Gives a Reprieve on Foreclosures – But The Interest Charges Still Accrue!

The NY Times front page today has an interesting article about the delays in processing foreclosure actions in New York. What homeowners must be very careful about, however, is that this delay is not really such great news. Interest and other charges continue to accrue. So the balance of the loan (debt) keeps growing. At the end of the process, many homeowners have no equity and owe a lot. So the answer is simple – do something now. Immediately. If you can settle, sell, refinance, modify, etc., don’t wait. If you want to discuss your options for a New York property, please contact my office. Here is the article.

Florida Couple Threatens Bank Of America With Foreclosure

In an amusing twist, Bank of America found itself on the other end of a foreclosure. Here is the article.

Settlements in Litigation

It is often said that the best settlement is one where both sides walk away a little unhappy. This makes sense. In order to resolve a dispute, each side must compromise. When one or both parties to a dispute are unwilling to compromise and decide to litigate and go to trial, they place their fate in the hands of a judge or jury and face the costs and uncertainties of litigation. In any settlement negotiation each side must weigh those costs and uncertainties against what rights and property they might be giving up in any potential settlement. Read more

Some Homeowners Willing Enter Foreclosure

Here is an article about the concept of strategic defaults. I have written about this before. It is an issue that I hear about frequently when new clients contact my law office and tell us that a “loan mod consultant” (translation=”person practicing law without a license”) told them to stop paying their loan to improve their chances of getting a workout. Astonishingly, sometimes they say that the lender itself (by its representatives) told the borrower not to pay the loan. Can you imagine that? A bank that employs reps who tell customers to stop paying the bank? I hear it all the time. There are serious consequences and risks involved with strategic defaults. Before you make this choice, you should consult with an experienced attorney and review the pros and cons. If you have a New York property and wish to discuss this with me, please email or call us.