To date, only a very small percentage of loans have received modifications. And, even those modifications are only good for number of years. At the end of the modification term, the loans revert back to what started this mess in the first place. Where will you be then? If you have already entered into a modification of your mortgage, take a close look at what you “really” agreed to.

In October 2009, Josh Fuhrman, a representative of the Home ownership Preservation Foundation spoke at a town hall meeting and asked homeowners to be “patient” about the slow pace of loan modifications. It is common knowledge that only a very small percentage (about 12%) of people who qualify for relief actually get approved for a loan modification. Should the other 88% just sit tight while lenders foreclose on their homes? Seem fair? Remember, most likely, YOU ARE IN THE MAJORITY 88%!

Did the bank loose your paperwork or as you to resubmit it every 30 days. Homeowners are under a false sense of security thinking they are safe from foreclosure and do not seek other remedies. Homeowners are using their common sense of fairness thinking that the lender will not proceed with the foreclosure. THIS IS NOT TRUE.

foreclosure-sign.jpg Many Jacksonville Foreclosure Lawyers see the poor attempt by banks to do loan modifications.

Loan Modifications are in the news in Jacksonville Florida where it appears that many have been told to stop making payments to be eligible for a Mortgage Modification. Once individuals stop making payments, the banks have been known to stall and claim that they have lost the records. Often individuals who participate in loan modifications must resubmit documents every thirty days. Many do not qualify for the government supported loan modifications and are only offered minor drops in the payments.

If you are participating or trying to achieve a Florida Loan Modification, you should be gathering information on violations of the laws by the people you are speaking to. Please contact a Florida Foreclosure Lawyer to request information on how to log these violations. These violations of the laws can be compensated and can help to offset your mortgage amount.

as a Jacksonville Foreclosure Lawyers who also practices Florida Probate Law I see many Florida Estates where the decedent’s home has negative equity. If you are appointed the Personal Representative of a Florida Probate you should explore Florida Foreclosure Defense. You may have a fiduciary duty to do so and preserve the assets of the estate.

If you are considering a Florida Foreclosure Defense you will need to do a Formal Administration of the Probate so that a Florida Personal Representative can be appointed to defend the Florida Foreclosure and pursue counterclaims on behalf of the decedent’s estate or beneficiaries.

For more information on Jacksonville or Florida Foreclosure Defense See the Florida Foreclosure Defense Lawyers Blog.

As a Jacksonville Foreclosure Lawyer its important to understand the difference and benefits of a Judicial Foreclosure state like Florida over a Non-Judicial Foreclosure state like California.

Florida law requires that the lenders and mortgage companies seek a court judgment that allows for the foreclosure. This type of foreclosure is a Judicial Foreclosure. Over 20 states have non-judicial foreclosures and do not have the formal process. A Judicial foreclosure state, like Florida, is good for consumers because it provides a structure to file counterclaims and asset other defenses for Truth in lending violations or violations of the Fair debt Collections Act.

In other states, clients have a difficult time in asserting defenses. If you have been trying to work on a Loan Modification and have not been successful, you should contact a Jacksonville Foreclosure Lawyers to discuss things that can be done to prepare for foreclosure and to keep track of violations that could create monetary damages that you may be entitled to.

Duval County was one of the top locations in Florida for Foreclosures in Florida in September 2009. With over 55,000 foreclosures in Florida this month Duval County Ranked number 7 in the state.

Jacksonville had 2299 Jacksonville Beach had 64 Atlantic Beach had 45 Neptune Beach had 12

This year there have been more than 484,000 foreclosures filed in Florida and only 68,000 of those homes have been sold.

If you are facing foreclosure on your home or business, please contact a Florida Foreclosure Lawyer or a Jacksonville Foreclosure Lawyers for a free consultation.

foreclosure-sign.jpg Jacksonville Foreclosure Lawyers from the Law Office of David M. Goldman PLLC will be attending a workshop in Jacksonville Florida on Defending Foreclosures in Florida on Friday November 6th. April Charney, a nationally recognized foreclosure expert will be featured at the foreclosure workshop.

The Program will include

* Federal and State laws that Govern Mortgage Origination * Understanding Loan Documents, Origination, and Closing Process * Servicing Problems and Post Origination Issues * Common Law / State Law Causes of Action and Affirmative Defenses for Foreclosure Cases * Drafting Discovery and Foreclosure Motion Practice * Ethical Discussions / Consideration in Foreclosure Practice.

For More information on attending this seminar, you should contact Christa Figgins at 224-1545

Florida Foreclosure and Loan Modification Question I’ve been served with a complaint for foreclosure, but I have been working with my mortgage company on a loan modification, do I really need to respond?

Response It is important to respond to any complaint timely to preserve your rights. The Summons you were served, together with the Notice of Lis Pendens and Complaint require some sort of response to be file with the Court. Your failure to respond will result in a Default being entered against you. You should talk with a Florida Foreclosure Lawyer before responding to the Court. it is important that you do not waive any potential defenses, and time is of the essence in filing your answer.

For more information on Jacksonville or Florida Foreclosure Defense See the Florida Foreclosure Defense Lawyers Blog.

Mortgage Default Letters. We are often asked what should you do once you receive a letter that states you are in default of your mortgage.

If you have received a Notice of Default you can send a debt verification letter to the entity you are making payments to. You can also send a Qualified Written Request “QWR” and obtain valuable information about your loan.

Pursuant to The Real Estate Settlement Procedures Act, 12 U.S.C. § 2605(e), your mortgage company is required to acknowledge your request and must respond timely.

Florida-will.jpgWill Contest Clauses are generally included to prevent children or beneficiaries from attempting to dispute their portion of an estate. In some states they are valid and many others like Florida they are not valid by statute.

Given that a No Contest Clause in a Will is invalid in a Florida Probate case, should they be used in Florida? If your will is contested and the end result under the state statute may be the same, it may provide any benefit to include the no contest language.

Today people move quite often and may have assets in other states that do recognize Will Contest clauses. Given that one of these situations may enable a no contest clause to be enforced, it might be a good idea to include them in your Florida Estate Planning Documents.

foreclosure.jpgA Florida foreclosure can start anytime after the borrower defaults on the mortgage term. Most lenders will start the Florida Foreclosure process when payments are 3-4 months past due. If you do not defend your foreclosure, you can lose your home within 150 days after the Florida Foreclosure lawsuit is file.

If you are expecting your home to be foreclosed upon in Florida or have already been sued for Foreclosure contact a Florida Foreclosure Defense Lawyer to discuss your rights.

For more information on Jacksonville or Florida Foreclosure Defense See the Florida Foreclosure Defense Lawyers Blog.

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