stop foreclosure – Fleysher Law

Why was my Foreclosure Case Scheduled for Non-Jury Trial?!

Posted on April 10, 2013May 14, 2025 by Emil Fleysher

A large number of people are getting a non-jury trial order from the court.

If you are among the thousands of South Florida borrowers in Foreclosure that have recently received an order from the court scheduling a non-jury trial, your time and options are definite. South Florida courts have enacted new rules and procedures to push through aging foreclosure cases, which will clear their caseload. But, they send myriad properties into foreclosure sale and potentially flood the market with inventory. In Palm Beach, Broward, and Miami-Dade counties, the court set block groups of trials. This compels both sides to the hearing unless given more time by a judge.

However, judges have been loath to extend or cancel these trial dates. This is in their efforts to clear the backlog of cases from 2008 to 2011. The courts are forcing cases to trial en masse whether they are ready or not. While many are files that could and should be closed, a great deal of these cases also include borrowers who may be on the cusp of recovery and eligibility for modification.

Lenders have got the motivation to approve more short sales and loan modifications. This is after the $25 billion nationwide settlement for foreclosure-related abuses. The settlement, between 49 attorneys general and Bank of America, Ally Financial, Citimortgage, JPMorgan Chase, and Wells Fargo requires them to provide mortgage relief to borrowers. But the settlement also includes guidelines for proper foreclosure proceedings. This is giving banks the green light to prosecute their foreclosures and repossess the properties.

Bankruptcy may be the best and only option

For borrowers facing a trial date and in need of more time to prepare a defense, obtain a loan modification, close a short sale, or transition from the property; Bankruptcy may be the best and only option.
The filing of a bankruptcy petition (either Chapter 7 or Chapter 13) prior to a foreclosure trial helps. In fact, it helps ensure the cancellation of the trial. And, it perhaps provides time for exploring an alternative. For example, the Bankruptcy Court in the Southern District of Florida has recently implemented a Loss Mitigation Mediation Program for borrowers in Bankruptcy; those who are seeking a chance to keep their home through one of the several loan modification programs available today. Many borrowers have reportedly received principal reduction, reduced payments, etc., through a similar program. The implementation of the program happened in the Middle District of Florida over a year ago.

If you have questions about foreclosure, loan modification, bankruptcy, or other alternatives, please feel free to call my office at 888-886-0020. Or, send an e-mail to emil@fleysherlaw.com, or complete the contact form below.

South Florida Bankruptcy Filings Continue to Fall

Posted on July 3, 2012February 22, 2023 by Emil Fleysher

South Florida bankruptcy filings were down substantially in the 2nd quarter, compared to last year; according to data released by the U.S. Bankruptcy Court for the Southern District of Florida. Personal bankruptcy filings (Chapter 7 & Chapter 13) in Palm Beach, Broward, and Miami-Dade counties totaled 7,194. This is from April through June of 2012; down 23% from 2011.

Bankruptcy filings can be linked in large part to the rate of foreclosure filings. And, foreclosure sales, both of which slowed in 2011. This is due to the banks’ robo-signing debacle and nationwide settlement with states’ attorneys general. While foreclosure filings have begun to pick up steam again, many homeowners are avoiding bankruptcy. They are doing this by obtaining loan modifications or participating in the short sale process.

Bankruptcies increased in 2007 and 2008 following the collapse of the housing market. But, they are now starting to taper off with the demand for housing in South Florida starting to make a come-back and the willingness of servicers to participate in the loan modification process improving.

A struggling homeowner tends to file for bankruptcy just before the bank is scheduled to repossess a property. The bankruptcy filing temporarily halts the foreclosure action and buys the borrower more time to negotiate with the lender. When the value of a property is less than what’s owed, the lender can go back to court after the foreclosure. Moreover, they can hold the homeowner responsible for the difference. Bankruptcies wipe out these so-called deficiency judgments. A bankruptcy also may discharge a second mortgage.

If you have questions about foreclosure, loan modification, bankruptcy; or other alternatives, please feel free to call my office at 954-484-9987. Or, send an e-mail to emil@fleysherlaw.com, or complete the contact form below.

Florida Grabs a Chunk of Foreclosure Settlement Money for State Budget

Posted on July 3, 2012February 22, 2023 by Emil Fleysher

Out of $334 million in cash payments sent to Florida in a multibillion-dollar mortgage settlement with major banks, more than $33 million will help strengthen the state’s budget. In fact, Florida is one of several states taking a portion of the $2.5 billion in cash payments from banks. And, Florida is using it for programs not directly related to the foreclosure crisis. So, Florida’s total take in the $25 billion national settlement is worth about $8.4 billion.

About $334 million of that came in the form of a cash payment to the state. Furthermore, the attorney general’s office has maintained that most of the money will go to directly to help homeowners. Moreover, settlement documents indicate that Bondi negotiated the 10 percent civil penalty; resulting in a $33.4 million cash payment to the general fund. For now, Florida is only using 10 percent of the cash payment to strengthen its general budget. However, some other states are using all or a majority of their funds to plug large budget holes. A few states have clauses similar to Florida’s, directing 10 percent of the money to general revenue as a penalty.

$300 Million to Go

Still, some states have decided to use all of the funds for homeowners. In fact, they are citing that they were the main victims in the robo-signing scandal. The remaining $300 million in Florida’s settlement cash has not yet been allocated. Bondi asked members of the public for suggestions on how to spend the money this month. Moreover, he has stated that it would be used to provide direct relief help for homeowners. Housing groups have advocated for the money to be used for legal aid for homeowners and low-income housing programs.

Lenders Prefer Short Sales to Foreclosures

Posted on July 3, 2012February 22, 2023 by Emil Fleysher

Short sales are exceeding the number of foreclosure sales in South Florida. Broward County had 1,831 short sales in the first three months of 2012, compared with 1,476 foreclosure deals. On a quarterly basis, this is the first time short sales have outnumbered foreclosures in Broward since early 2008. Short sales also exceeded foreclosures in Palm Beach County and across Florida from January through March.

Banks are more motivated to do short sales because of the messiness and the risk of foreclosures. After a homeowner defaults on a mortgage, the bank files a foreclosure lawsuit. But, the two sides often continue to negotiate a resolution. A short sale is when the lender allows the homeowner to sell for less than what’s owed on the mortgage and absolves the homeowner from paying a deficiency. Foreclosures can be lengthy. It takes an average of 861 days to complete a foreclosure in Florida. This is one of the longest timelines in the nation. There’s a backlog of cases in Florida courts because in 2010 some bank employees admitted they had signed off on thousands of cases without proper review. As a result, some major lenders temporarily suspended foreclosures.

Time Frame of Short Sales

A short sale in Florida takes an average of 603 days. Although, many now are happening much faster sometimes within a few months. They are helping the housing market recover. That is because they more quickly put distressed homes in the hands of cash buyers or owners who can afford the mortgages. The number of Broward short sales in the first quarter of 2012 increased 30 percent from the same period a year ago. Statewide, short sales rose 18 percent from a year ago. Some of the biggest lenders, including Bank of America and Chase, now offer thousands of dollars to homeowners to complete them.

If you have questions about foreclosure, loan modification, bankruptcy, or other alternatives, please feel free to call my office at 954-484-9987, send an e-mail to emil@fleysherlaw.com, or complete the contact form below.

Voluntary Dismissals and Foreclosure Paperwork Irregularities Examined

Posted on July 3, 2012February 22, 2023 by Emil Fleysher

The Florida Supreme Court got a request. It has to do with the prevention of lenders from escaping sanctions for using fraudulent documents by filing voluntary dismissals. The issue is whether courts have the authority to reject the voluntary dismissals of the cases. And, instead impose sanctions, including dismissing the foreclosures with prejudice. Attorneys asking for dismissal with prejudice argue. They state that the current system allows every party who comes before the courts to lie, cheat, or steal; knowing if they are caught they can simply voluntarily dismiss and clear themselves of that fraud.

The banks argue that when a party has not been harmed then that party cannot seek to undo a voluntary dismissal. Moreover, they agree that sanctions are justified if a submission to the court is improper. To deter improper conduct, courts have many punishments. Lawyers and parties already face a variety of sanctions if they use fraudulent documents.

This ruling could have a major effect on the state’s backlog of foreclosure cases as well as future lending practices. A change of this scale would impact general credit and lending practices. Also, the backlog of foreclosure cases in the court system. The threat of sanctions would force lenders to continue litigating unstable cases, rather than cure defects in a new proceeding.

Forced Placed Homeowners Insurance Policies

Posted on July 3, 2012February 22, 2023 by Emil Fleysher

If you think your homeowners insurance is too expensive, then you would be interested to hear Mark Kunzelmann’s story. Mr. Kunzelmann is a 49-year-old network specialist. Just over a year ago, he let the policy on his four-bedroom, North Palm Beach home expire.

But you would not believe what the oversight, which was later remedied, cost him, approximately $10,000 for a few months’ worths of coverage. If your home is financed then you must have homeowners insurance that protects the lender’s interest in the property. If for some reason you let the policy lapse, then your bank can obtain a force-placed insurance policy. And, they can pass on the charges to you. In Mr. Kunzelmann’s case, his lender, Wells Fargo got a policy that was way above his budget.

The policy that was acquired cost him nearly $18000.00 dollars a year. And, Wells Fargo got an 11 percent commission from Assurant. Turns out many lenders have relationships with insurance companies. So, when homeowners allow their policy to lapse they will turn to that entity for a policy. Needless to say but “It left a very bad taste in my mouth,” Kunzelmann said. “I told them, ‘If you do this to me, I’m going to sue you and take my business elsewhere.’ ” Kunzelmann has followed through on his threats. He recently refinanced his mortgage with another lender. And, he has filed a federal lawsuit in order to recoup not just his loss, but the loss of the thousands of fellow Wells Fargo customers who suffered a similar fate.

National Mortgage Settlement

Posted on July 3, 2012February 22, 2023 by Emil Fleysher

National Mortgage Settlement seems to take some time.

As part of the national mortgage settlement signed in March of 2012, Chase, Bank of America, Citigroup, Wells Fargo, and Ally Financial have agreed to offer at least $10 billion in loan forgiveness or principal reduction. In fact, they are offering it to an estimated 11.1 million homeowners who are in default or underwater. After three months the banks’ distribution of this relief is slow. According to housing counselors that The Huffington Post surveyed, only a few individuals got an offer of a principal reduction. That is out of dozens who applied for modifications. These institutions are not indicating how much principal they have written off. Even though a report to the government on their efforts is due in September of 2012.

Baloon Payment

It seems that principal reductions are very rarely seen. And, banks are more likely to offer the homeowner a principal forbearance. It moves the payment of most of the debt to the end of the loan’s term. In fact, this is identified as a balloon payment. During the first few years of the housing crisis, banks and other institutions that service loans made life difficult for hundreds of thousands of homeowners. All of those who tried to obtain a loan modification and failed. Moreover, the institutions lost paperwork, failed to follow up with borrowers. And, they even pushed homeowners who were current on their payments into foreclosure.

However, there seems to be a reasonable explanation as to why there still has not been much change these last few months. Fannie Mae and Freddie Mac, which are the government-backed mortgage giants that control 60 percent of the mortgage market refused to participate in principal reduction; except for limited circumstances. These two entities hold 29.2 million mortgages, 3.3 million of these loans are underwater. According to Edward Demarco, director for the Federal Housing Finance Agency; loan write-downs are a “moral hazard” since the practice might encourage borrowers now current on their mortgages to stop making payments.

Only time can tell whether or not this new settlement will actually help the millions of homeowners across the country desperately reaching out for help.

Nationstar Buying up Mortgage Servicing Rights

Posted on June 21, 2012February 22, 2023 by Emil Fleysher

Bank of America Corp. has released roughly $10.4 billion in residential mortgage-servicing rights to Nationstar Mortgage Holdings Inc.; as Bank of America looks to alleviate a portion of its mortgage-servicing obligations. This is only a small piece of more than $430 billion mortgage-servicing rights or MSRs. This then makes Nationstar the largest non-bank mortgage servicer in the U.S. Traditional banks, have removed themselves from the servicing business as regulatory scrutiny, new capital requirements weigh on these mainstream lenders.

As a mortgage servicer, Nationstar will provide administrative support on loans; held by banks, government organizations, private funds, and other owners of securities and mortgage loans. Nationstar will generate revenue primarily from the unpaid principal balance of loans serviced.

In 2010 it was discovered that a number of banks had engaged in “robo-signing”. This was when bank officials signed off on foreclosure proceedings without proper documentation, as well as other unethical practices. The incident caused numerous lawsuits by homeowners and investigations by federal and state regulators. This led to a $25 billion settlement earlier this year with the five largest U.S. mortgage servicers, which are Bank of America, Wells Fargo & Co., Citigroup Inc., J.P. Morgan Chase & Co., and Ally Financial Inc.

While a few banks own most of the residential-mortgage-loan servicing rights, Nationstar who is a non-bank servicer believes the industry is shifting toward non-bank servicers. Many banks seek to exit from the servicing business, which has proven to be volatile and capital intensive.

What does it mean to “surrender” your home in bankruptcy?

Posted on May 9, 2012February 22, 2023 by Emil Fleysher

Florida Bankruptcy Attorney Chapter 7 Chapter 13 — Surrendering your Home in Bankruptcy

When you surrender your home, that is assets or belongings in Chapter 7 Bankruptcy, you’re doing nothing more than indicating a willingness to let it go. You’re not actually giving it away to anyone. By filing for Chapter 7 Bankruptcy, you are attempting to discharge your obligation to pay certain debts. In return, you agree to surrender your property/home that is not classified as “exempt” under the bankruptcy laws as applied in Florida.

Trustee’s Goal

However, the bankruptcy code does not force the bankruptcy trustee to take the non-exempt property. Instead, the trustee’s goal and obligation is to collect and sell the non-exempt property. That is so that some of that money can go towards paying back some of your creditors. If the trustee determines that taking the property, appraising it, storing it, selling it, etc., will not result in a worthwhile gain for the creditors, then that trustee will in all likelihood abandon his or her claim in the property. In other words, the trustee will probably not attempt to take your house in bankruptcy; if there is no equity to be had.

Bank Has to Obtain The Title

Furthermore, discharging your personal obligation to pay the mortgage doesn’t mean the bank automatically takes the title and becomes the owner of the house. Instead, the bank has to get title to the property. The bank can do this either by foreclosure (in state court and outside of bankruptcy), deed-in-lieu of foreclosure, short sale, or other legal means.

Unless and until the bank obtains the title to the house by one of these methods, the title remains in your name. And, the house is still legally yours. While you are no longer personally liable to the bank for any deficiency on the mortgage after bankruptcy, you do still own the property. That means you’ve got to comply with all local laws regarding ownership. Avoid zoning violations, keep the pool fenced, comply with your HOA, etc. If you get a citation after your bankruptcy is filed, you will be on the hook for it. If your home is in a condo or HOA, you may still be liable for post-filing fees that accrue.

Ultimately, deciding whether or not to surrender your house in bankruptcy is a personal one. And, it should be discussed with an attorney.

Fannie Mae & Freddie Mac Considering Principal Reduction Policy

Posted on April 20, 2012February 22, 2023 by Emil Fleysher

Fannie Mae and Freddie Mac could save $1.7 billion if they forgave principal on some troubled mortgages. Furthermore, The Federal Housing Finance Agency may make a decision in the next few weeks; whether to change its policy barring the two taxpayer-owned companies from performing such loan modifications. In fact, The FHFA has come under pressure from the Obama administration and consumer advocates to cut principal for underwater borrowers. Moreover, the companies are barred from reducing principal on the seriously delinquent loans they own or guarantee on the grounds that it would hurt their bottom line.

Furthermore, the FHFA will announce additional measures to help troubled homeowners in the next few weeks. Other measures may include a program that would allow delinquent Fannie Mae and Freddie Mac borrowers to continue to live in their houses as renters. That is after turning over the deeds.

Additionally, the FHFA said it would cost Fannie Mae and Freddie Mac an additional $100 billion. Just to write down all 3 million underwater loans to the value of the homes securing them. However, far fewer loans would actually be candidates for principal forgiveness, even if FHFA changes its policy. It is estimated that at best the tactic would help an additional 200,000 to 300,000 families keep their homes. From the perspective of the FHFA, the main goal is to protect taxpayers. They want to be sure the principal reduction strategy is appropriate. And, they believe it is for some types of loans.