Eviction/ Foreclosure
NOTICE: IF YOU ARE CURRENT ON YOUR RENT BUT YOUR LANDLORD HAS DEFAULTED AND THE PROPERTY IS IN FORECLOSURE, YOU CANNOT BE EVICTED FROM YOUR HOME ON LESS THAN 90 DAYS NOTICE, AND YOU MAY BE ABLE TO STAY FOR THE ENTIRE TERM OF YOUR LEASE. SEEK LEGAL ADVICE RIGHT AWAY -- FORECLOSING LAWYERS & LENDERS ARE NOT BEING HONEST AND ARE NOT TELLING PEOPLE ABOUT THIS LAW!
Under the Keep Americans In Their Homes Act of 2009 Signed into Law by President Obama you have rights as a renter. However, it is important that you NOT DEFAULT on your rent. If you are unsure who to pay the rent to because of foreclosure, seek advice from an attorney.
WARNING: DO NOT FALL FOR "FORECLOSURE RESCUE SCAMS" or "FRAUDULENT FORECLOSURE SPECIALISTS" WHO TELL YOU THAT THEY CAN SAVE YOUR HOUSE. Here is the Federal Trade Commission's WARNING Regarding Fraudulent Foreclosure Rescue Scams, According to the FTC:
"The possibility of losing your home to foreclosure can be terrifying. The reality that scam artists are preying on the vulnerability of desperate homeowners is equally frightening. Many so-called foreclosure rescue companies or foreclosure assistance firms claim they can help you save your home. Some are brazen enough to offer a money-back guarantee. Unfortunately, once most of these foreclosure fraudsters take your money, you lose your home, too.
You can save yourself money and more heartache by avoiding any business that:
- guarantees to stop the foreclosure process – no matter what your circumstances
- advises you not to contact your lender, lawyer, or credit or housing counselor
- collects a fee before providing any services
- accepts payment only by cashier’s check or wire transfer
- encourages you to lease your home so you can buy it back over time
- tells you to make your mortgage payments directly to it, rather than to your lender
- advises you to transfer your property deed or title to it
- offers to buy your house for cash at a fixed price that is not set by the housing market at the time of
- offers to fill out paperwork for you
- pressures you to sign papers you haven’t had a chance to read thoroughly or that you don’t understand.
See the FTC webpage at:http://www.ftc.gov/bcp/edu/microsites/moneymatters/your-home-foreclosure-rescue-scams.shtml
It is ILLEGAL for anyone to take money from you before they actually modify your loan or obtain the results they promise -- DO NOT BE TAKEN IN, seek reputable advice from your bank or lender, or from a licensed attorney. Do Not Default because someone tells you that it is "needed" in order to apply for a loan modificaiton -- that is a fraud!
EVICTION
In these hard economic times it is hard to believe that banks and attorneys are continuting to be part of the problem and not the solution. But it is the fact. If you are being told that you must move because you rent from an owner who defaulted, you have the right to stay in your home at least 90 days (no matter what any banker, agent or foreclosing attorney tells you). Seek advice right away from an attorney. Neighborhood Law Office paralegals and attorneys are fully informed and knowledgeable about the new federal laws that apply in these situations. Even if you are being evicted because you are behind on your mortgage, seek legal advice right away, you may have important rights that your bank is just not going to tell you about. The terrible fact of life is that right now the bank or a foreclosing agent or attorney may well lie to you about these rights.
MORTGAGE MODIFICATION UNDER THE NEW FEDERAL LAWS
The federal government has provided several programs, including mandatory mortgage modification programs, for home owners and tenants. Found in the "The Helping Families Save Their Homes Act of 2009" and related legislation, the purpose of these laws is to help homeowner or tenant keep their homes. Most of these programs require that the homeowner BE CURRENT on their mortgage or rent to qualify. Even the ones that do not require that the mortgage be current often require that defaults be very controlled. SIMPLY DO NOT BELIEVE ANY MORTGAGE COMPANY OR BANK THAT TELLS YOU THAT IN ORDER TO QUALIFY FOR A MORTGAGE MODIFICATION YOU NEED TO BE IN DEFAULT OR THAT "ITS OK" TO DEFAULT ON A FEW PAYMENTS WHILE THE PAPERWORK IS FINISHED. Neighborhood Law Office can assit you in finding a mortgage modification program, or reviewing the paperwork that you have received concerning a modification. NLO DOES NOT OFFER LOAN MODIFICATIONS -- we are a law firm, we will help you understand and complete forms from the federal government or those provided to you by your bank or lender.
DO NOT WAIT to plan for a default if you believe that one is coming for your family. PLAN AHEAD. Good prior planning may well be the difference between surviving this depression and becoming destitute. According to the California Attorney General, "Unscrupulous loan modification consultants exploit homeowners' desperation to stay in their homes. Though they would be better served speaking to an attorney about a loan modification or bankruptcy, homeowners are enchanted by consultants' promises, which end up being too good to be true. Consultants attract homeowners with promises of being able to save their homes. These consultants ask for money upfront, mortgage payments to be paid to them, or for the homeowner to transfer title to them. Thinking that the consultants are taking care of the bank, the homeowner ignores the bank notices and doesn't realize that the consultant has taken their money and not fixed anything until it's too late."
NOTICE. NEIGHBORHOOD LAW OFFICE DOES NOT ENGAGE IN LOAN MODIFICATION NOR DOES NEIGHBORHOOD LAW OFFICE PROVIDE LOANS. "DEBT RESTRUCTURING" AND "LOAN MODIFICATION" INVOLVE, ACCORDING TO THE CALIFORNIA STATE LEGISLATURE, IS DESCRIBED AS: "These foreclosure consultants, however, often charge high fees, the payment of which is often secured by a deed of trust on the residence to be saved, and perform no service or essentially a worthless service. Homeowners, relying on the foreclosure consultants’ promises of help, take no other action, are diverted from lawful businesses which could render beneficial services, and often lose their homes, sometimes to the foreclosure consultants who purchase homes at a fraction of their value before the sale. Vulnerable homeowners are increasingly relying on the services of foreclosure consultants who advise the homeowner that the foreclosure consultant can obtain the remaining funds from the foreclosure sale if the homeowner executes an assignment of the surplus, a deed, or a power of attorney in favor of the foreclosure consultant. This results in the homeowner paying an exorbitant fee for a service when the homeowner could have obtained the remaining funds from a trustee’s sale from the trustee directly for a minimal cost if the homeowner had consulted legal counsel or had sufficient time to receive notices from the trustee {...}regarding how and where to make a claim for excess proceeds."
NEIGHBORHOOD LAW OFFICE IS NOT A FORECLOSURE CONSULTANT. OUR SERVICES ARE LIMITED TO THOSE TRADITIONALLY PERFORMED BY ATTORNEYS -- THE EXPLAINATION OF THE LAW AND FORMS TO THE CLIENT AND HELPING THE CLIENT UNDERSTAND THEIR OPTIONS, MAKING RECOMMENDATIONS TO THE CLIENT ABOUT THE PROBABLY EFFECTS OF DIFFERENT OPTIONS, AND ASSISTING THE CLIENT WITH THE FILING OF PROPER PAPERWORK WITH THE PROPER ORGANIZATION OR ENTITY. NEIGHBORHOOD LAW OFFICE IS NEVER PAID BY A PERCENTAGE OR FEE CALCULATED BASED ON THE ORIGINAL LOAN, THE MODIFICATION ACHIEVED, OR ANY OTHER VARIABLE. NEIGHBORHOOD LAW OFFICE IS PAID ONLY A FLAT FEE CHARGED TO ALL CLIENTS FOR THE SAME SERVICES, DETERMINED AND AGREED UPON IN ADVANCE. ATTORNEYS DO NOT EARN THEIR FEES UNTIL THEY COMPLETE YOUR WORK.
