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California AB 764 & SB 94 Passed – End of Loan Modifications in California

California AB 764 & SB 94 pass in the California legislature on Monday October 12, 2009.  What does this mean?  Both attorneys and loan modification companies in California are now prohibited from collecting up-front fees for loan modifications.

What does this mean?

California loan modification attorneys and California loan modification companies can no longer collect up-front fees.   Now California loan mod experts can only collect money at the end of the transaction.

Can Any Business Survive without a Regular Source of Income?

Would you want to wait to get paid for the work you are doing now? – even worse – maybe get paid for the work you are doing now?

California AB 764 & SB 94: End of Up-Front Fees for Loan Modifications?

Effective October 11, 2009 in California, our state legislature will be implementing to the new regulations aimed at shutting down unscrupulous loan modification companies that take people’s money and run, without providing loan modification services. California AB 764 and SB 94 has been signed by the governor.  Many cases have been reported of homeowners facing foreclosure and entering into a contract with loan modification companies, with fee paid up front, but the loan mods never go through.

Many of the problems with newbie loan modification companies is their lack of understanding of bank policy regarding the modificiation of the loan.  Unfamiliar with the bank policies theses loan mod companies take clients whether they are qualified or not.  The end results is homeowners in foreclosure do not get their loan mod, and lose their home to forclosure.  This has been the case with many San Diego homeowners facing foreclosur, and turning to late night TV advertisers that claim that they can modifiy your loan if you are in foreclosure. 

The new legislature goes into effect October 12, 2009.

SB 94 and AB 764: The End of Loan Modifications in California

Both the Senate and House in California have passed SB 94 and AB 764,  designed to stop the mortgage modification process in California.  It would prohibit loan modification companies, including lawyers from collecting any up-front fees for homeowners that are delinquent on their mortgage, and most likely facing foreclosure.

Once the govenor signs the bill then the law would go into effect immediately.  This ultimately will shut down the private loan modification industry in California, forcing homeowners to either do loan modifications themselves or turn to government-run organizations that for the most part has been hugely unsuccessful in getting a loan modification through. 

We have spoken with various loan modification companies and most indicate they will just close their doors if they cannot collect up-front fees.  How can a company make payroll if there is no money coming in?  Typically loan modifications take 4-6 months to go through.

Would you want to go 4-6 months without a paycheck? 

Legislators are not in touch with reality if they think the prohibition of upfront fee collections is a solution to the problem.

We predict that the passing of this bill will create mahem in the foreclosure world – leading to higher forclosure rates in San Diego, and Orange County.

Stay tuned for the wild ride!

State Foreclosure Mediation Programs are Not Helping Homeowners

Foreclosure Mediation Programs Are Not Helping Homeowners Stop Foreclosure – according to a recent report

According to the National Consumer Law Center (NCLC) state foreclosure mediation programs are not showing evidence of helping or facilitating loan modifications for homeowners to stop foreclosure.  The NCLC has reviewed 25 foreclosure mediation programs in 14 states and reported that the programs are failing to be effective with foreclosing lenders or imposing any obligations on mortgage servicers. “Without the imposition of these obligations, it is unlikely that mediations will lead to fewer foreclosures,” the report said.

The lack of mandatory rules and the failure of imposing sanction for non-compliance on the bank’s part has led to the failure of these foreclosure mediation programs.  Procedural flaws has also been noted including the lack of mandatory analysis of loan modification alternatives.

 The report entitled, “State and Local Foreclosure Media Programs: Can They Save Homes?” reviewed the California foreclosure mediation programs  as well as in 13 other states.  The NCLC staff attorney Geoffrey Walsh warned that the foreclosure mediation programs may never be effective to stop foreclosure and make homes more affordable if corrective measures are not taken. “If the programs continue to demand little or no accountability from servicers, they will likely go the way of federal efforts to control foreclosures that have failed as a result of relying on voluntary compliance by the lending industry,” said Walsh.

Is Your Loan Full of Fraud? MERS Supreme Court Case

Mortgage Fraud in the Marketplace: A New Legal Ruling Regarding Your Loan

Recently the Kansas Supreme Court case Landmark National Bank Vs Kesler, 2009 Kan. LEXIS 834, may give homeowners needing to avoid foreclosure great hope in preserving their home.  This supreme court case held that a nominee company called MERS (Mortgage Electronic Registration System) has no legal right to foreclose.  MERS is a private company responsible for electronicallly tracking changes in ownership.  The significance of this ruling is that if MERS has no right to foreclosure, then perhap nobody else does either.  Currently the number of US held mortgages held by MERS is somewhere around 60 million homeowners and over half of all new residential mortgages in the US are registered with MERS.   Unfortunately the holdings of the Kansas Supreme Court are not binding to the rest of the nation, but this court case will be noticed in other courts and other states may follow suite.

A forensic loan audit may reveal this mortgage fraud as well as other mortgage fraud in your loan.   Call today to get started!

 

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