Fleysher Law Blog

How Will Filing Bankruptcy Affect My Chances of Getting a Mortgage or Refinance?

Many clients have been asking lately about how filing bankruptcy will affect their options with regard to obtaining a mortgage or refinance. The short answer is that “it depends.” What does it depend on? 3 things… (1) whether your case was filed as a Ch. 7 Bankruptcy or as a Ch. 13 Bankruptcy; (2) whether your case was “dismissed” or “discharged”; and (3) what type of mortgage loan you are

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Brwaord County Foreclosure Attorney, Broward County Foreclosure Lawyer, Palm Beach County Foreclosure Attorney, Palm Beach County Foreclosure Lawyer, Miami-Dade County Foreclosure Attorney, Miami-Dade County Foreclosure Lawyer, South Florida Foreclosure Attorney, South Florida Foreclosure Lawyer,

Foreclosures in South Florida are Gradually Improving

New foreclosures dropped dramatically across South Florida last month, though the number of repossessed homes by banks has increased as the courts are clearing up the dockets. According to RealtyTrac, there has been a 53 percent decline since November of 2014 in foreclosure filing in South Florida. In November there were just 831 foreclosure law suits in Palm Beach, Broward and Miami-Dade Counties. Since RealtyTrac began counting in January 2006,

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Zombie Foreclosures, Abandoned Properties, Abandoned Homes, Broward County Foreclosure Defense Attorney, Broward County Foreclosure Defense Lawyer, Loan Modification Attorney, Loan Modification Lawyer,

South Florida’s Zombie Foreclosures Have Plunged

Zombie foreclosure, or abandoned properties that are going through the foreclosure process, have had a dramatic decline in South Florida in the past year. According the RealtyTrac’s Zombie Foreclosure Alert, there has been a 46 percent decline in Zombie Foreclosure during the second quarter of litigation, which translates to about 7,021 properties. An attorney from Royal Palm Beach attributes this to higher knowledge of the law. Residents are aware that

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Bankruptcy, Chapter 7 Bankruptcy, Second lien, Second mortgage, Strip off second lien, strip off second mortgage, Bank of America

Supreme Court Declares 2nd Liens Can’t be Stripped in Chapter 7 Bankruptcy

Banks win out after the Supreme Court ruled on Monday that homeowners cannot rid themselves of a second mortgage by filing for bankruptcy protection. All nine Supreme Court justices unanimously agreed that filing for Chapter 7 bankruptcy will not void a junior mortgage lien when the amount owed by the senior lien surpasses the current amount of the collateral if the homeowner’s claim is both allowed under the bankruptcy code

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HELOC, HELOC payments, reset loans, default, underwater properties, inscrease of mortgage payments,

Reset of Loans Causes Increase in Home-Equity Payments

As interest-only periods expire on loans begun during the housing bubble era, 3.3 million homeowners will be facing higher payments during the next four years on home-equity lines of credit, according to RealtyTrac. The Heloc loans that totaled at $158 billion are requiring principal paydowns beginning this 2015 through 2018. There is rising threat over the amount of new defaults due to the new monthly bills increasing an average of

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Broward County Foreclosure Attorney, Broward County Foreclosure Lawyer, Palm-Beach County Foreclosure Attorney, Palm-Beach County Foreclosure Lawyer, Miami-Dade County Foreclosure Lawyer, Miami-Dade County Foreclosure Attorney

When Mortgage Transfers Go Awry

The Fourth District Court of Appeal ruled against HSBC Bank USA in a foreclosure case for lack of standing. The defendants, Donna and Marc Murray, appealed a final foreclosure judgment against the bank with the argument that they failed to validate that the mortgage originator transferred its rights. Judge Melanie May wrote on behalf of the unanimous panel “In this foreclosure puzzle, one of the pieces is missing”. The Murrays

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foreclosure defense, broward county foreclosure defense, miami dade county foreclosure defense, plam beach county foreclosure defense, CFPB,

The Consumer Financial Protection Bureau’s Rules Are Being Defied

A Miami foreclosure defense attorney is getting ready to challenge lenders in court who he claims are in violation of federal mortgage servicing rules that took place in January. He’s currently working on postponing several foreclosure sales referring to rules that were issued by the Consumer Financial Protection Bureau, or CFPB, to protect borrowers. His office will file lawsuits, in federal court if necessary, against lenders that push for foreclosure

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Loan Modification, loan modification attorney, loan modification lawyer, loan mod, loan mods, how to get a loan modification

Loan Modification Con-Man Gets Over A Decade In Federal Prison

Jason Vitulano plead guilty and was sentenced to 11 years in a federal prison and ordered to pay restitution of $5.9 million dollars in a West Palm Beach Courthouse after running a boiler room scheme targeting troubled homeowners for mail and wired fraud. Between 2008 and 2009 the Boca Raton man who was operating boiler rooms would promise to attain loan modifications for homeowners who had fallen back of their

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Investors, Home Prices, Loan Modification, Short Sales, Saling Home, Foreclosure, Case-Shiller index, Miami's Housing Market, Mortgate rates

Home Price Gains Have Slowed Down

September brought on the slowest rise in home prices while providing decent sale gains and more variety in sale inventory. According to the Standard & Poor’s/Case-Shiller index of home prices in 20 major cities, September marked a 4.9 percent increase in comparison to a year ago but a 5.6 percent decrease compared to August. For the first time in seven months the 20-city index was unchanged. Nine of the 20

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refinancing, foreclosures, foreclosure, foreclosure defence,

The Drop in the Market Might Be a Blessing In Disguise For Refinancers

An absurd amount of Americans are questioning whether or not they should refinance their mortgage due to the unexpected fall of rates last week. These inquiries were coming in by the millions from current homeowners and soon-to-be-homeowners who are looking for a bargain. The favorable circumstance came from the commotion that got the financial market, affecting the bond yields and the stock prices that sent them sliding. Since May 2013

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