INDEPENDENT FORECLOSURE REVIEW PROGRAM ENDS 12/31/2012

INDEPENDENT FORECLOSURE REVIEW PROCESS
EXPIRES DECEMBER 31, 2012

We are writing to remind all of our friend and clients that the deadline to file a Request for an Independent Foreclosure Review is December 31, 2012.

If you had a foreclosure in process(initiated, pending or completed) between January 1, 2009 and December 31, 2010; and the property securing the loan was your principal residence and the mortgage was serviced by one of the lenders identified on the following link, we urge you to request an Independent review.

Link to list of lenders who must offer the Independent Foreclosure Review is at the Federal Reserve Governors website explanation of the program, listing of lenders informative video

http://www.federalreserve.gov/consumerinfo/independent-foreclosure-review.htm

These reviews were ordered by the Federal Reserve and the Office of the Comptroller of the Currency in a effort to give homeowners who were unfairly treated and financially harmed by the actions of the listed banks and opportunity to make a financial recovery from the banks for the errors, misrepresentation or other deficiencies that may have occurred during the foreclosure process.

A very informative short video which further explains the program is noted above.  If you think you are eligible, we urge you to apply for a Review.

The deadline is December 31, 2012.  You can make the request over the internet.

An Independent Foreclosure Review process has been set up by Order of the Board of Governors of the Federal Reserve System and by the Office of the Comptroller of the Currency.

Additional information can be obtained from the Borrowers Quick Reference at the website below:

    http://www.occ.gov/topics/consumer-protection/foreclosure-prevention/framework-summary.html

Before you complete your application be sure to review the on the  Request for Review Help Sheet on following website:

 http://www.federalreserve.gov/consumerinfo/files/independent-foreclosure-review-form-help-sheet.pdf

To submit an application go to:

   https://independentforeclosurereview.com/

Once again, we urge everyone who believes that they are eligible request a review.  There is no fee for the review.

You May be Eligible for Foreclosure Aid

Were you active in the foreclosure process anywhere from January 1, 2009 and December 31, 2010?  If so, you may be eligible for the Independent Foreclosure Review, a program created by the federal governement between the Comptroller of the Currency, the Board of Governors of the Federal Reserve System and the Office of Thrift Supervision. 

The program is designed to determine whether consumers suffered financial injury through errors, misrepresentations or other deficient practices on the part of the mortgage companies.  If eligible, you may have received a notice in the mail from your mortgage servicer but we encourage you to look at the requiremetns and proactively and seek it out on your own, or with our help.  Some of the eligibility requirements are that the mortgage must have been ACTIVE in the foreclosure process from January 1, 2009 and December 31, 2010.  Also, the mortgage must have been serviced by one of the following servicers:

  • America’s Servicing Co.
  • Aurora Loan Services
  • BAC Home Loans Servicing
  • Bank of America
  • Beneficial
  • Chase
  • Citibank
  • CitiFinancial
  • CitiMortgage
  • Countrywide
  • EMC
  • EverBank/EverHome Mortgage Company
  • Financial Freedom
  • GMAC Mortgage
  • HFC
  • HSBC
  • IndyMac Mortgage Services
  • MetLife Bank
  • National City Mortgage
  • PNC Mortgage
  • Sovereign Bank
  • SunTrust Mortgage
  • U.S. Bank
  • Wachovia Mortgage
  • Washington Mutual (WaMu)
  • Wells Fargo Bank, N.A.
  • Wilshire Credit Corporation

If you qualify for this program, you could receive payments to remedy the financial injury you may have suffered during the foreclosure process. 

 This program is another chance to get some releif from an unfair foreclosure.   To get more information, please go to https://independentforeclosurereview.com/.   As always, if you have questions about forclsoure, bankruptcy, debt consolidation or other financial issues, please contact the Stephen M. Goldberg, P.C. Law Offices at 732-752-8834.  We are here to lend an ear and help you sort through your financial and legal troubles. 

There are other programs out there, to read more, go to a few previous blog posts on HAMP and the National Mortgage Settlement.

UPDATE ON MORTGAGE ROBO-SIGNING ISSUES IN NEW JERSEY

When we last visited this topic the NJ Supreme Court had frozen all foreclosure sales in New Jersey and has assigned Judge Jacobson to investigate the allegations that many mortgage lenders and their attorneys had been filing inaccurate and less than truthful affidavits as part of their foreclosure papers.  There was quite an expectation that some of the bad actors would actually be punished for their wrongdoing.  It appears that the major outcome of the proceedings is that the banks and their attorneys will have to file updated and corrected affidavits on existing cases and will have to be more careful in filing new cases.  The bad guys get away again.

The Supreme Court adopted revised Court Rules to tighten the procedures to  be followed by the lenders and their attorneys to insure that the banks and their attorneys are truthful in the future, however, due to a loose end, most of the big banks have not resumed foreclosure sales.  The Supreme Court has been asked to decide if the Fair Foreclosure Notice (which must be sent by the banks to the homeowner prior to starting a foreclosure) must name the actual holder of the mortgage(as required by law) or may contain only the name of the Servicing company(as the banks have been doing).  It appears that new foreclosure cases are not being filed and that the clean-up of the existing backlog of pending foreclosure cases will not move forward until this issue is decided.

Persons currently facing foreclosure continue to get a partial reprieve due to the delay.  Sooner or later, the wheels on the foreclosure machine will start turning again.   Homeowners BEWARE!!!!!

Robo-signing comes on New Jersey Supreme Court scrutiny

The Chief Justice of New Jersey Supreme Court announced last week a series of steps to cause various foreclosure actions in New Jersey to be subjected to careful scrutiny under special procedures which he has established to insure the integrity of the foreclosure process. This action comes as a result of the national attention brought to the “Robo-signing” scandal which is sweeping the nation.

Consumer attorneys in various states have discovered that mortgage lenders and their attorneys have been filing forged and fraudulent affidavits in foreclosure proceedings. The actions by New Jersey’s Chief Justice are aimed at reviewing the procedures of the lender’s who have each filed more than 200 residential foreclosure actions in New Jersey in 2010 as well as the actions of the attorneys representing these lenders. It will not be known what effect the chief justices order will have on pending foreclosure actions until a court hearing which is scheduled for mid-January.

For information regarding this important development is available at Njcourts.com.