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Archive for the ‘Foreclosure Prevention’ Category

No Help? Homeowners Turning To Strategic Default!

Tuesday, January 10th, 2012

Isn’t it about time homeowners got some help or,
if not, start making some wise strategic business
decisions
on their own regarding whether or not to keep
their homes?   Afterall at the expense of taxpayers,
homeowners, Wallstreet, and investors, banks within the
last couple of years have received several bailouts to
ensure their doors are kept open.

The government has been protecting most large banks from
bankruptcy or failing from the housing bubble by printing
and distributing money like “mad” to the major banks. One
could say the government is responsible for causing this
mess due to their liberal policies and legislation.  Banks
were forced to lend to almost anyone who had some income.
Home loans too should never have been securitized on Wall Street,
but since banks are now too big to fail, the government is
supporting the securitization of loans on Wallstreet.

So what is a homeowner supposed to do? Years ago, homeowners
had a relationship with a local bank so both sides could sit
down and talk and perhaps renegotiate a forebearance or loan
modification. Not today, because not only is there no
relationship, but it is almost impossible to negotiate because
the deeds are either lost or have been sold piecemealed. No
one really knows who owns the deeds or who can make a decision.

Bank regulations are also a major stumbling block. A massive
amount of loans are nonperforming or are underwater due to the
great recession. The banks are required to have a certain amount
of money in reserve to cover the bad loans. If banks actually
showed a 30% drop in loan to value, most banks would have to
shut their doors. Thus they can’t negotiate loan modifications.
Their books would be way too far in the red.

How do I know this? A major bank called up a friend of
mine who is an appraisor. He was asked to do appraisals on
commercial property that he did 6-8 years ago. The catch
though was that for him to get paid, the values he finds
must be the same as previously done. Another bank executive
who I know who did in-house appraisals, just found out he’s
been demoted. His numbers were far too conservative for the
president of the bank. Banks are simply unwilling to face
reality. They simply cannot withstand a hit. Home and
commercial values have dropped over 30%, but banks continue to
refuse to accept this fact. If they did, they would have to
close up shop.

Banks are worried though, because more and more homeowners
are giving up and thinking strategically just like banks.
Sure homeowners should honor their loan commitments, but many
have to move due to job loss, need to upgrade or downgrade,
or are not wanting to throw good money away since their homes
are completely underwater. Homeowners took a risk when
buying, but so did the banks. Many loans were predatory or
have simply lost value.

Banks make business decisions everyday, and homeowners
should too. Like banks, nothing personal just financial –
it’s protecting one’s money and family. Furthermore, there
is no moral clause in a mortgage packet, just numbers,
interest, and procedures to follow should a homeowner
default.

If you are thinking about strategically defaulting on
your home loan seek legal advice by contacting an
attorney to protect your credit, and to limit any
financial ramifications. Banks can go after the loss,
but not as likely if it is a primary residence and
if one has tried to work-out the problem. However, banks
don’t have to cooperate. Heck, I have seen banks
foreclose on homeowners who simply didn’t make a late fee
payment, were two weeks late on their mortgage, or forgot
to add 80 cents into their payment. Banks at times
make no sense, so two can play this game. If Washington
can’t solve the problem, the current administration and
the banks are going to find out that many homeowners won’t
pay or make “cents” either!

Have a question about strategic defaults or foreclosures?
Call 1.800.826.1929
ForeclosurePreventionInstitute, LLC
271 Viking Dr
Battle Creek, MI 49017
http://ForeclosurePreventionInstitute.com

Disclosure:  We are not attorneys.

 

 

Stopping Foreclosure

In Foreclosure? You’re Not Alone

Monday, January 2nd, 2012

Are you wanting to save your home, but your lender
won’t accept anymore payments? You are not alone.
I just finished helping a homeowner save their home
by doing an “accidental” strategic default. The bank
wouldn’t cooperate AT ALL, so we had to take it into
our own hands, and come back through the back door.

Read their story here:

Merchant Circle on Strategic Defaults

Then read the next story regarding Wells Fargo.

How Could You Do This To A Mother of Four?

See you are not alone.

Need help:
Call 800.826.1929 Ask for Dave Brigle

Foreclosure Prevention Institute
271 Viking Dr
Battle Creek, MI 4901

We have been specializing in Foreclosures for years!
Can’t hurt to give us a call.

Stopping Foreclosure

New California Lawsuit Attacking Servicers

Wednesday, October 12th, 2011

It’s about time. Maybe this will be
the answer to homeowners across the nation.
Attack the servicing companies for fraud.

MI Poverty Exemption To Foreclosure

Thursday, August 18th, 2011

Investors and wanna-be homeowners looking
for a bargain or deal, are buying homes through
property tax sales.  What is one’s person loss, is
another person’s gain.   Evidently both homeowners
and banks are struggling or choosing not to pay
property taxes.   Buyers do need to do their homework
and research when buying a home at a tax sale.

In saving homes, many people may not know that
there is a poverty exemption law in Michigan
for the elderly whereby qualified persons can be
fully or partially exempt from taxation on a
principal residence. Must file with local accessor.
Application must be filed after Jan. 1, but no later
than two days before the board of review last meets.

Property owners may also able to negotiate a payment
plan for one tax year. However, if the homeowner
has a mortgage, the bank can go ahead and pay all of
the taxes to protect their interest and thus negate
the work-out solution with the city. The mortgage
company can then foreclose on the homeowner for not
paying the taxes or could possibly attach their own
payment plan spread over the course of a year. By the
new financial laws just passed, the banks will demand
that all future taxes be escrowed.

The homestead act can also be applied to one’s principal
residence to lower the tax burden. The homeowner can
be exempted from paying the 18-mill local school operating tax
ordinarily levied against non-homestead properties.

If you are facing foreclosure call Foreclosure Prevention
Institute, LLC HOT LINE at 1.800.826.1929. Talk to
Dave Brigle, Managing Member.

Visit http://ForeclosurePreventionInstitute.com

Foreclosure Prevention Institute, LLC
271 Viking Dr
Battle Creek, MI 49017
800.826.1929

Stopping Foreclosure

Obama’s HOPE Gig Is Over

Sunday, August 14th, 2011

Today’s Detroit Sunday Free Press Story Headline Story reads “Homeowners

forced out while seeking relief!  Fannie Mae pressures banks to foreclose,

contrary to its promises to keep families in homes, preserve neighborhoods.”

Why did the HOPE program not work and why wouldn’t the banks

not work with homeowners?  As the story and truth unfolds, Fannie Mae

is in essence bankrupt.  To save Fannie Mae and Freddie Mac, these two

government entitties are desperately trying to get debt off of their books

to look good and to protect their shareholders so that they can stay in

business.  Thus, even today they are forcing banks to foreclose especially

on people who are behind in their mortgages by 1 year or more.

 

One might say well of course if a homeowner is a year or more behind

in their mortgage they should be foreclosed.  However,  most of the loan

modification programs were taking 5 to 6 months to close, and to apply for

a loan modification homeowners had to be at least 1 to 3 payments behind

to even be considered for the loan modification program.   Furthermore,

homeowners were being led on and promised a loan modification by their bank

especially if they had experienced a loss in income due to the economy.

 

One must understand too that Fannie Mae and Freddie Mac are owned by

the government and therefore are in direct conflict with the nationalized banks.

Fannie Mae hungry for money knows that once a foreclosure takes place the

taxpayers rather than Fannie Mae is on the hook to bailout the bad loans.

In addition,  the O’bama administration wants to spread the wealth around.

Obama is looking at the possibility  of taking all of the foreclosures and making

them into Section 8 houses to diversify neighborhoods and to give low income

people nicer homes and neighborhoods to live and prosper as wealth is

spread around and redistributed.

 

The HOPE program was/is a sham  …just that… “hope and change.”

The banks said one thing, but the government turned around and said

the exact opposite.  The government is at war with the citizens of the

United States.  And that is the truth.   That’s the design of the whole

program — all smoke and mirrors.

 

The only problem is that the huge number of foreclosures are depressing the

neighborshoods and slowing economic recovery.  The housing market is causing

the government to lose more revenue than predicted.   Yet, at least Fannie Mae

and Freddie Mac can still remain in business to start this whole viscious cycle

over again.  You can thank Senator Barnie Franke, the man behind Fannie Mae.

Obama and the Federal Reserve are also going to do Qe3 to stimulate the

economy some more by again flooding the market with more dollars.

So be prepared for more foreclosure as people continue to lose their jobs

and spending power to inflation as a direct result of this administration’s bad

policies.

 

Homeowners are now just figuring-out what we in this industry having

been saying all along.  If you want to save your home, you will have to fight and

sue the bank/lender to save your home by going directly to the bank’s legal

department.   The servicing companies don’t have the authority or power to

complete loan modifications.

 

If you need assistance call Foreclosure Prevention Institute’s hot line today.

1.800.826.1929.  We will answer your most pressing foreclosure questions

and direct you on the best course of action and the options you may have

to save your home.

Foreclosure Prevention Institute, LLC

271 Viking Dr

Battle Creek, MI  49017

800.826.1929

Stopping Foreclosure

Ask for Dave Brigle, Managing Member.

I

Reasons For Strategic Defaulting On Mortgage

Wednesday, July 13th, 2011

Some people think about strategically defaulting on
their mortgage since they owe much more than their home
is worth. They can make the payments, but just don’t
see themselves ever getting out of the hole. Usually they
are reasonably well-off, may have good credit, and have
assets other than just their home. They simply can’t sell
their home nor can they refinance their home due to the
drop in market values of homes.

It’s a buyer’s market especially for homes priced
over a million dollars. For example, in Bloomfield Hills
homes have been on the market for 3 to 4.5 years or more before
selling and then at huge discounts. How would you like to purchase
a home listed at 7.9 Million selling for only $1.7 million or
a home listed at 4.5M and selling for 1.8M? That’s how bad
the real estate market is for many homeowners regardless of
how much your home is worth. In today’s market, almost
everyone is taking a heavy discount of 70% or more.

To willfully accept a foreclosure will probably be the
biggest credit hit one will ever experience. It damages
one’s credit history and may substantially drop a credit
score by 200 or more points. Foreclosures usually stays on
one’s credit for 7 to 10 years. In essence, foreclosures are
treated similarly to a bankruptcy — it’s bad.

Understanding all of the financial consequences and
foreclosure laws is crucial in consciously defaulting on a
mortgage. Each mortgage and state may have different rules
and procedures involved regarding foreclosures. The reasons
why one might strategically default vary. On the positive
side one sees the following:

  • Instant relief
  • Not throwing good money after bad
  • Saving money to get ahead
  • Getting rid of house riddled with problems
  • Cutting ties like in a divorce or job loss
  • Moving forward
  • Look for a new home at current market values

The negative side though may involve a deficiency judgement,
shame, embarrassement, cutting of current credit lines
and higher interest rates, and tax ramifications in receiving
a 1099 for difference between what’s owed and money recovered,
and the moral aspect of a promise.

If you are thinking about defaulting on your loan on purpose,
because it makes sense financially then be sure to think post
default:

1. Will you need good credit (urgently) for your business,
transportation etc.?
2. How will you protect your assets from serious litigation?
3. Will it affect gainful employment?
4. Tax advantages — renting vs home ownership
5. School district for your children
6. Any loss of income or increase of income from
taxes, judgement or credit
7. Pets

Before strategically defaulting on your mortgage it is
imperative that you plan ahead. You need to structure
your affairs, do it as safely as possible, and get
advice from an attorney. Bankruptcy or restructuring
of your debt might be an alternative answer. To do
or not to do is ultimately more of a financial decision
than a moral or emotional decision. Reduce your
rationale to dollars and cents.

Dave Brigle, Managing Member
Foreclosure Prevention Institute, LLC
271 Viking Dr
Battle Creek, MI 49017
616 217-7833
800.826.1929 Hotline

Stopping Foreclosure

MERS Settlement On The Horizon

Wednesday, June 8th, 2011

Several States are readying to settle the
lawsuit involving MERS and the fraudently
robo-signing of documents that enabled them
to foreclose on people’s homes without
proper recording of documents. Banks will
need certain terms before they sign-off since
it is a 20 billion dollar problem.

It looks like some people who are involved in
the lawsuits or who may want a principal
balance reduction in future circumstances might
be able to obtain a principal reduction at the
Federal level; and others settlements by
State Attorney Generals
may get more money
to help homeowners loss mitigate future foreclosures
through “Hope” organizations. Foreclosure hotlines
may also be set-up to help struggling homeowners.

Also ran across an interesting article involving Michigan
foreclosure mills involving Orlans Associates and possibly
Trott & Trott law firm practices. Evidently someone is/was
investigating a possible conflict of interest in Title
companies used by these law firms to allegedly help
speed-up the foreclosure process. In general, the saga
continues regarding the whole foreclosure mess.

Homeowners who have been fighting foreclosure through
legal channels might fare well, but my overall feeling is
that in the long run banks will be protected. Maybe a few
more homeowners will be able to save their homes through
loan modifications or forebearance agreements, but the
the pace of foreclosures although slowed will continue to
steadily rise in this bleak economy.

Foreclosure Prevention Institute, LLC

Dave Brigle, Managing Member
Foreclosure Prevention Institute, LLC
271 Viking Dr
Battle Creek, MI 49017
800.826.1929

Church Bells Are Ringing

Saturday, June 4th, 2011

The attacks on Sarah Palin are really starting to piss me off, they are vicious and false. What is the lame stream media, liberals (progressives or whatever they call themselves) and Republican elitists so afraid of, could it be that she gives voice to what many of us “commoners” think.

The Tea Party began back in the Revolutionary days as a protest against taxes and free commerce. Today the Tea Party is the grassroot movement opposing those very same issues, out of control government spending, high taxes, and regulations stifling individual freedom. The latest attack on Sarah Palin and the Tea Party demonstrates the total lack of knowledge or understanding of our revolutionary history. When Sarah correctly pointed out that the “bells tolled” to warn the citizens that the British were on the march to Concord, the critics said she got it wrong, it was the light in the bell tower of Old North Church. The light was merely the signal to Paul Revere that the march was beginning and by which direction. It was the riders racing across the countryside giving the warning “the British are coming” causing church bells throughout the countryside to begin ringing the warning.

There is an outstanding movie describing this day in our history.

    April Morning

. You can view it on Netflix.

Foreclosure Prevention Institute, LLC

David Brigle, Managing Member
Foreclosure Prevention Institute
271 Viking Dr
Battle Creek, MI 49017
800.826.1929
Saving the American Dream

http://ForeclosurePreventionInstitute.com

Reflecting On America’s Economic Recovery

Saturday, June 4th, 2011

I was thinking about our American history
regarding the Revolutionary War while eating
some delicious strawberry rhubarb custard pie.

We fought the British for freedom to be free men.
We opposed high taxes and wanted to be able to
move freely around to sell or trade our goods and
services. We hated being treated like slaves.
The King of England in essence showed no respect
for the colonists. Americans would not accept
peace without dignity.

Today, according to polls more Americans than
ever say that they do not believe that our economy
will ever recover. Our leaders wonder why that is?
Gov. Snyder in Michigan tells us that we all need
an attitude adjustment to get this economy rolling
again. He says we have been beaten down so
much that we have lost optimism and hope. I see
it similar to the British beating down our doors.

Gov. Snyder is certainly right that we have been
beaten down. All the rules and regulations in play by
Obama Care, OSHA, EPA, township regulations and fees,
TSA, financial laws, homeland security laws, and taxes etc.
make it impossible for businesses to thrive or to hire, and
for individuals to prosper, create and develop their dreams
and aspirations. President O’bama is almost to the breaking
point of demanding that American businesses start hiring.

If you work for the government or are part of a union you
may have a ghost of a chance of surviving and working if you
are “a chosen one.” Yet, that is slipping away too, because it
takes small businesses to pull a country out of a recession,
and for the common man to earn a living so he can pay the
taxes to pay for all of the government jobs and to cover all of
the spending in Washington D.C.. Must I remind you, though,
that our money that we earn is not “our money” according to
the Federal and State Governments. Michigan is now taxing
pensions and 401K’s and later on these will all be confiscated.

Most Americans are not idiots and do realize that the huge
debt that the United States has accumulated will be
enslaving generations to come. However, it is more about
all of the rules/laws and regulations and general disrespect
of the average American by those in power. We are
supposed to accept all of these policies as necessary for
our safety. In this Nanny State of Affairs, we will all be
taken care of according to our needs. Forget what we
want — Just leave us alone!

The elitists are steaming mad at the growing number
of tea partiers who with no leader are questioning their
authority and backdoor agreements. Thus, the need now
for a police state. Did you know that in Indiana, the State
Court of Appeals upheld that police can now enter your
home for “no cause or warrant?” One sherrif I hear will
begin randomly searching homes within his jurisdiction.
No longer is your home “your castle.”

So our freedoms are slipping away and so is peace,
prosperity and ideas we have held so dear. Michigan
does have a militia, but I haven’t heard any ringing
of church bells at this moment. So for now, I’ll just
go back to eating my pie in “peace” and to soothe
my discontent. I’ll share my recipe below since
most of my pie has already been eaten by Uncle Sam.

“Strawberry Rhubarb Custard Peace Pie:

3 cups Rhubarb cut-up
1 cup Strawberries cut-up

Blend together until fluffy:
3 eggs
a pinch of salt
2 tbsp of uncooked tappioca pudding
1 cup sugar
1/2 tsp nutmeg

Mix in fruit into the egg mixture
Pour fruit egg mixture into an uncooked pie shell
Bake at 350 degrees for about 40 minutes and enjoy!

The American Spirit -- Pie Anyone?

Foreclosure Prevention Institute, LLC

Dave Brigle, Managing Member
Foreclosure Prevention Institute
271 Viking Dr
Battle Creek, MI
800.826.1929
Saving the American Dream

Michigan Court of Appeals Reverses Court Ruling Involving MERS

Thursday, June 2nd, 2011

Michigan is a non-judicial state in that Foreclosures must be advertised prior to foreclosure proceedings. Further, one must be the owner of the note and must have properly recorded the note in order to foreclose on property. The Court decision determined that MERS was neither an owner or a servicing agent of the mortgage. In layman’s terms, MERS was found to be only a computer system or a mortgage electronic registration system used to speed up the selling of securities or mortgage notes to circumvent the cumbersome laborious task of recording notes. Thus, MERS never owned the plaintiffs’ mortgage notes nor acted as a lender/servicing company to hold “interest” in the notes. Furthermore, MERS was found in other states to sometimes fraudently produce or forge documents to cover themselves in a foreclosure proceeding. But as the lawsuit in Michigan simply concludes:

“The parties agree that MERS is neither the owner of the indebtedness, nor the servicing agent of the mortgage. Therefore, MERS lacked the authority to foreclose by advertisement on defendants’ properties unless it was “the owner of … of an interest in the indebtedness secured by the mortgage.”The parties agree that MERS is neither the owner of the indebtedness, nor the servicing agent of the mortgage.” MCL 600.3204(1)(d).

This argument has been a long time in coming. Judges are finally seeing the “light” and the tides are changing to some extent in favor of the homeowner. Homeowners will be able to stay in their homes a while longer as the true note holders are found and the foreclosure process is redone by the proper servicing agent. In many cases, the notes may never be found since mortgages were divided and sold to numerous International Investors.

For more questions regarding MERS contact Dave Brigle at Foreclosure Prevention Institute, LLC at 1.800.826.1929.

Foreclosure Prevention Institute, LLC

Dave Brigle, Managing Member
Foreclosure Prevention Institute, LLC
271 Viking Dr
Battle Creek, MI 49017
800.826.1929

http://www.ForeclosurePreventionInstitute.com

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