Our Nation's Mortgage Dis-ease

"Congratulations!   You are eligible for a Home Affordable Modification.   As previously described, if you comply with the terms of the Home Affordable Modification Trial Period Plan we will modify your mortgage loan and waive all prior late charges that remain unpaid......"

Calculating the paralysis, depression and financial chaos that accompanies late mortgage payments and mortgage foreclosure, there is a general consensus among our clients and new callers to our law firm, Rubin & Licatesi PC,  that in weighing the advantages of action and defending against the mortgage default, against the well documented decision to ignore the summons and complaint and to reject the notion that a solution can be reached to modify their mortgage, there is no reason to allow one's home or business property to be taken by the lender when you have decided to keep home your own. 

By doing so, the choices which begin to develop and unfold are subtle. The relief felt from the moment you have answered the summons and complaint or populated and submitted your loan modification is at the same time visibly valuable in ending the unopened racks of letters from you lenders and erasing the messages of collection calls seeking to speak with you about your mortgage payments.   The contagious benefits mount and if that's all it takes to create and renew a positive outlook on homeownership, it is convincing for this lawyer to present these issues to our clients.   Act immediately, fire back and pick up the tools which are readily at your disposal to defend against the mortgage foreclosure action.

The key to change is nothing more or less than an interest in becoming educated and informed on the issues and solutions in the field of mortgage foreclosure defenses.  This beginning engages both the "what to do's" and the "do not's".   On January 31 2011, the Federal Trade Commission enacted a series of Mortgage Assistance Relief Service Rules designed to "protect financially distressed homeowners from mortgage relief scams that have sprung up during the mortgage crisis".  Advance fees or up-front charges by the typical loan modification companies and out of state attorneys are absolutely prohibited.  Mortgage brokers, real estate agents, financial planners and others who offer mortgage relief services, with advice relating to foreclosure, short sales or negotiating a modification must now comply with these rules and most certainly should not suggest a mortgage default, silence with the lender or other half truths or misleading tactics.

These conclusions certainly come as no surprise to our clients and those in consultation with our law firm.  There are many different details and events which are discussed in our meetings.  The early questions center around how long it will take to receive a decision from the lender. When can a foreclosure auction occur? Is the bank permitted to come into your home? These are all good questions and are fairly representative of the nation's dis-ease: battles in the house and businesses over money woes, schooling for the children, credit card bills and ratings, and the bonds and goals which we all shared several years ago, i.e. homeownership.  There are so many good questions asked in the first call to our law firm. At the same time, we recognize that each call and question is disturbing and tinged with the dis-ease afflicting our nation.

The clearest example of success is this continued process of education and advice when faced with the mounting pressures of mortgage arrears and foreclosure.  Schedule an appointment, collect your copies of documents from the loan closing and the court records, your paystubs, bank statements and tax filings and by all means, don't run out of gas at this point.  Visit with our law firm, seek the professional guidance of a not for profit housing counseling agency or contact a local Bar Association or the court clerk and speak about your personal situation.  What will be certain to emerge is a pronounced, temporary stoppage of the fears and concerns of a mortgage foreclosure and a well defined "tackle" of an exploding problem with a path for recovery and solution.

It is easy to make a case for education and advice, but perhaps a bit harder for the new client, faced with months of indecision, consumer debt loan delinquencies and collection calls to confidently retain our law firm in this process.  Realistically, you must address and dialogue on current events, protections of your ownership rights in our courts and the absolute necessity to preserve what you have fought and worked for to attain.   Time is perhaps the first step in this process and the most important.  In exchange for defending the mortgage foreclosure, you and your family once again can begin to invest against the expiration of time.  In doing so,  we discuss the HAMP guidelines for reduced interest rates, extended maturity dates and terms, short sales, issues of service of the summons and complaint, re-awakening your defaulted court appearances; and all with quite predictable results of recovery.

Our law firm has enjoyed numerous discussions and consultations with new clients, callers, lenders and those interested in the mortgage foreclosure crisis and national dis-ease.  We have visited our state capitol and our leaders in Washington.  Similarly, we have ignored the rich and powerful who daily urge our defenses and actions should be dismissed.  Privately, our lawyers may doubt, but routinely, the fax machine or phone rings with a modification or a court decision engaging our clients with a solution.   The sense of legitimacy returns quickly, without fanfare and doubles the resolve in our law firm to assist our clients to preserve and protect their civil rights in court and to fight against a mortgage foreclosure. 

Objectively, we have seen "robo-signers", improper service of summonses and other lender actions which have circumvented our clients' rights reviewed in the courts and the record now reflecting protection of homeownership.  Successful results can be identified with good, clear goals once established and promoted.  Recommendations can be discussed in confidential meetings with the attorneys in our law firm and the potential adverse effects of seeking advice from those institutions and their attorneys seeking to foreclose upon your homes avoided.

Involvement, education and advice at the earliest stage, gaining credible information to assist against the potential loss of your home or business property and providing our distressed families and neighbors with quality legal representation to avoid foreclosure through the development of an attorney-client relationship are well stated and demonstrated goals.  Given the proposition that you will work to eliminate the fears and worries of mortgage arrears and fight against the mortgage foreclosure, the attorneys and staff of Rubin & Licatesi PC will help you prepare to.....Keep Home Your Own.