Bank of America To Forgive Some Mortgage Debt

The NY Times is reporting that BOA will be forgiving some mortgage debt by invitation only. You can expect that this will not be out of any sense of altruism or generosity. They will assess the markets and determine which properties they absolutely do not want to take back into inventory after a foreclosure sale where no one shows up to bid. In my view, this will be a very limited program for the most marginal neighborhoods or for subprime loans where the lender has the highest risk of loss or predatory lending claims. I view it as something that is really for the bank’s benefit and will only create false hopes for most homeowners who will not get a principal reduction. Here is the story.

When Life Brings You Foreclosure, Bake A Mortgage Apple Cake

If you haven’t heard of the woman who turned her bad foreclosure situation into a new career baking apple cakes, here is the story below. They say that the Chinese symbol for crisis also means opportunity. This is a real life example. Read more

Many borrowers in default stay put as lenders delay evictions

Alana Semuels wrote an interesting piece in the LA Times business section about post-foreclosure eviction: “Many borrowers in default stay put as lenders delay evictions.”

Another Foreclosure Alternative

The NY Times is reporting about short sales and deeds in lieu: “Another Foreclosure Alternative.” If you would like to discuss your mortgage concerns with me, please call, email or fill out our Free Consult form.

Whether To Bulldoze Your Home During Foreclosure

The Associated Press is reporting that an Ohio man apparently bulldozed his home which was in foreclosure. The first thing I thought when I first heard this story being reported on New York radio was that the man made a mistake by letting his anger and frustration get the better of him. He will still be personally liable on mortagage and tax liens. The personal liability will end up becoming money judgments. Here is the story.

The Court of Appeals and The Right To Redeem During A New York Foreclosure

The general rule in mortgage and tax lien foreclosure proceedings is that the property owner must unconditionally tender the full amount due during the proceeding (before the sale) to redeem. NYCTL 1999-1 Trust v. 573 Jackson Avenue Realty Corp., 13 N.Y.3d 573, …. N.Y.S.2d …. (Dec. 15, 2009). Of course, this doesn’t alter the possibility that the owner can work out some other arrangment to pay the debt back (i.e., modification, short sale, Chapter 13, forbearance, etc.). Here is the Court of Appeals recent decision: Read more