Senator Martinez responds to foreclosure concerns, weakly.

April 17, 2009
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My friend Deidre Newton wrote to U.S. Senator Martinez in support of the “Helping Families Save Their Homes in Bankruptcy Act” (S. 61). This legislation would allow a bankruptcy judge to modify the terms of a debtor’s primary residence and reduce the principal owed on a mortgage to avoid home foreclosure.
Senator Martinez wrote back, a [...]

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New scorched-earth tactics from second-note lenders: skip foreclosure, skip deficiency judgment, go straight for the jugular

April 16, 2009

Florida asset protection lawyer Jonthan Alper reports that more second-note holders are skipping the foreclosure process and going straight to court on the promissory note itself.
A colleague of Alper’s says, “In other words they are seeking what is tantamount to a deficiency decree and will not have to go through any procedure to domesticate it [...]

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Two more loan modification firms taking up-front fees draw the wrath of Florida Attorney General Bill McCollum: National Foreclosure Counseling Services Corp. and Keep Your Property, Inc.

April 10, 2009

Two more loan modification shops are under fire from Florida’s Attorney General Bill McCollum:
The lawsuits were filed against south Florida’s Keep Your Property Inc. and Jacksonville-based National Foreclosure Counseling Services Corp. The attorney general’s office alleges that both companies charged up-front fees to customers facing foreclosure. This is against the law in Florida.
McCollum has said [...]

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Dishonest process servers deliver consumer injustice

April 7, 2009

What if someone sued you and you didn’t even know about it? That’s happening to consumers all over the country, because some people appointed to deliver important court papers are lying about doing their jobs.
The Home Equity Theft Reporter details a new report from the New York area about this practice. The study [...]

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“Almost always scams” – law enforcement cracks down on foreclosure rescue operations

April 7, 2009

Foreclosure rescue scammers now have a new front to worry about: a coordinated operation by state and federal officials to shut down those who prey on foreclosure victims.
“The message is very simple: If you prey on vulnerable homeowners with fraudulent mortgage schemes, we’ll find you and we will punish you,” [U.S. Attorney General Eric] [...]

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April Charney comes to Tampa again, blasts “sloppiness, deception and outright fraud.”

April 6, 2009

The St. Pete Times reports on April Charney coming to town again:

At the start of class, April Charney makes one thing clear.
“This is very dense, complicated work,” she warns. “If you don’t get it, raise your hand and ask questions because the chances are others don’t get it either.”
[She's speaking to] lawyers and judges [...]

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What happens to tenants when the landlord goes into foreclosure?

March 30, 2009

UPDATE
Since this article was posted, federal law has changed to protect the rights of tenants. If you’re a Florida resident and your landlord is in foreclosure, find out what you can do to stay in your home for the duration of your lease, under the “Protecting Tenants at Foreclosure Act of 2009,”.

Time to pack?
It’s [...]

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Afraid of Foreclosure Rescue Scams? Don’t Follow CNN’s Bad Advice.

March 29, 2009

Why CNN is Wrong About Foreclosure Rescue Scams
If you’re afraid – and you should be afraid – of getting ripped off by foreclosure rescue scams, you might think that CNN’s advice on how to spot foreclosure prevention rip-offs would be a good place to look. Sadly, you’d be wrong. Here’s why.

Their advice [...]

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“State of Emergency” due to foreclosure rescue scams, says McCollum

March 27, 2009

“State of emergency” were the words chosen by Attorney General Bill McCollum this week, when he announced that he was asking law enforcement officials from state and local agencies to step up enforcement efforts.
Mortgage fraud, and in particular, foreclosure rescue fraud, were the number one complaint to McCollum’s office in 2008.

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There’s no such thing as the “Federal Mortgage Modification Administration” – not in our government, anyway.

March 25, 2009

This is NOT a government agency.

One of my clients today got a mailing from a group called the “Federal Mortgage Modification Administration.” They have a government-sounding name, a government-seal-looking logo, and a Washington, D.C. address. They purport to offer loan modification services, and it’s clear they are trying to look like [...]

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