Mortgage Settlement Fund Applications to be Mailed

PRESS RELEASE

Released by: Michael A. Delaney, Attorney General
Subject: Mortgage Settlement Fund applications to be mailed soon to New Hampshire residents
Date: September 19, 2012
Release Time: Immediate
Contact: James T. Boffetti, Senior Assistant Attorney General
Consumer Protection and Antitrust Bureau
(603) 271-0302

Attorney General Michael A. Delaney announces that approximately 7,600 New Hampshire residents who lost their primary residence due an improper foreclosure process between January 1, 2008 and December 31, 2011 should expect to receive notice by mail with important information about how to file a claim for funds under the National Mortgage Settlement. Attorney General Delaney encourages every eligible New Hampshire citizen to apply.

These funds are part of national mortgage settlement between 49 states and the five largest national banks. The amount of individual payments will depend on the number of people who file a claim and payments are likely to be in the range of $1,200 and $1,500 per borrower.

The foreclosure must involve one of the following five banks:

- Bank of America
- Citi
- Wells Fargo
- JP Morgan Chase
- Ally/GMAC

The deadline for filing a claim is January 18, 2013.

Notices are scheduled to be mailed beginning September 24, 2012.

If you think you might qualify and did not receive a form in the mail, please call 1-866-430-8358. For more information, go to www.nationalmortgagesettlement.com.

You can also call the Attorney General’s Mortgage Hotline at 1-866-522-4450.

This settlement is in addition to a separate Independent Mortgage Foreclosure Review Program being conducted by federal authorities. That program involves many more banks and a shorter time period [2009-2010]. If that review finds financial injury occurred as a result of bank misconduct, the borrower may receive remediation such as lump-sum payments, suspension or rescission of a foreclosure, a loan modification or other loss mitigation assistance, correction of credit reports, or correction of deficiency amounts and records. Lump-sum payments under that program can range from $500 to, in the most egregious cases, $125,000 plus equity.

The Request for Review Form for the federal program can be completed online at www.independentforeclosurereview.com.

Those forms must be submitted by December 31, 2012.

New Hampshire homeowners are encouraged to explore both of these options. For more information, please call the Attorney General’s Mortgage Hotline at 1-866-522-4450.

Foreclosure Sign

Few Borrowers in Foreclosure Apply for Free Review

Only a tiny percentage of the 4.3 million homeowners facing foreclosure have applied for a free foreclosure  review to check for errors, despite the fact that they could be eligible for up to $100,000 if errors are found.

The review process was put into effect as a result of the “robo-signing” scandal, where several banks admitted to mishandling some foreclosure documents, resulting in some homeowners wrongfully losing their homes.

In the wake of the scandal, federal bank regulators required 14 mortgage companies to establish the Independent Foreclosure Review process.

The review costs homeowners nothing, but at last count, only 165,000 people — fewer than 4 percent of those eligible — have applied.

The original April 30 deadline has since been extended to July 31.

Read the entire story by Yuki Noguchi at NPR.

Find out if you are eligible for an independent foreclosure review.

If you are facing foreclosure and would like assistance with reviewing your options, contact a home ownership and loss mitigation counseling agency for free counseling on the options available to you to prevent or mitigate the foreclosure.

If it is determined that you will need the assistance of an attorney, the Lawyer Referral Service of the NH Bar Association can help with a referral to a competent attorney who specifically handles foreclosure matters.  Call 603-229-0002 or request an online referral.

 

Office of Mortgage Settlement Oversight Created

For immediate release:  April 5, 2012
Contact:  Laura Brewer – 919-508-7821

Mortgage Settlement Monitor Begins Work
Joseph Smith appointed to oversee 49-state, five-bank pact; opens office in Raleigh
RALEIGH, N.C. – Joseph A. Smith, Jr. today officially assumed his position as the monitor of the mortgage servicing settlement among 49 states, the federal government and five major banks. In this role, Smith will work to ensure that the banks follow the requirements outlined in the settlement agreement. Today also marks the formal creation of the Office of Mortgage Settlement Oversight (OMSO), the body Smith has set up to facilitate his work.

Participants in the settlement unofficially named Smith as their choice in early February when news of the agreement became public, but both the settlement and Smith’s appointment became official when the United States District Court for the District of Columbia made final consent judgments affecting each of the banks.

In response to the agreement, Smith said, “Today, in keeping with the charge I’ve received from the Court and the parties to the settlement, I have opened the Office of Mortgage Settlement Oversight and begun to carry out my duties as Monitor.

“The mortgage settlement is a bipartisan achievement that holds promise for millions of people. Our nation depends on its home financing system not only to function properly, but also to inspire confidence in the people who use it. By itself, this settlement will not remedy every problem that system faces. But trust in our mortgage system can move forward if we use this opportunity to show fairness, transparency and accountability. This is a responsibility I take seriously.”

Smith will receive periodic reports from the settlement participants and oversee bank compliance with the agreement. The Monitor will then report his findings, determinations and actions to the Court and a Monitoring Committee of state and federal government representatives. The Monitor is empowered to work with noncompliant institutions to establish corrective plans, or, if necessary, to recommend penalties or to seek injunctive relief to enforce the settlement.

“Since the settlement was announced last month, people have understandably paid a great deal of attention to the specifics of the consent judgment – who will pay, who will receive, and how much,” Smith said. “Those are important matters to determine. But this settlement also serves those who do not participate in the transfer of money: the neighbors of distressed borrowers whose property values stand at risk because of foreclosed properties in their midst, the communities in which they live, the people saving now toward the goal of home ownership, and everyone whose living depends on a robust housing and home finance industry.”

More information about the mortgage settlement.

More information about the Office of Mortgage Settlement.

If you believe your home was illegally foreclosed on and you have not been contacted by a settlement administrator, the Lawyer Referral Service of the NH Bar Association may be able to help with a referral to an attorney who can review your situation.  A consultation with a competent attorney can make all the difference!  Call 603-229-0002 or request an online referral.

How Will the Mortgage Settlement Affect Distressed Homeowners?

49 state attorney’s general have reached a landmark agreement with 5 of the nation’s top loan servicers (Bank of America, Wells Fargo, Citi, JPMorgan Chase, and Ally/GMAC).  The settlement will provide up to 25 billion dollars in relief to distressed borrowers and direct payments to states and the federal government.

The agreement settles state and federal investigations finding that the loan servicers routinely signed foreclosure related documents outside the presence of a notary public and without really knowing whether the facts they contained were correct.  Both of these practices violate the law.

The settlement provides benefits to borrowers in the signing states whose loans are owned by the settling banks as well as to many of the borrowers whose loans they service.

Homeowners whose primary residence was part of a foreclosure action between January 1, 2009 and December 31, 2010, and whose home loan was serviced by a participating servicer, may be eligible for an Independent Foreclosure Review.  

To find out more information regarding how this settlement may affect borrowers or how to find out if you qualify for assistance, check out the new National Mortgage Settlement website, and/or read the press release from the NH Attorney General’s office.

If your home is in foreclosure, an attorney may be able to assist you.  Call the Lawyer Referral Service today at 603-229-0002 for a referral to a competent lawyer who specifically handles foreclosure matters in New Hampshire, or request an online referral.   A consultation with an attorney could make all the difference!

 

NH to Join Settlement Over Foreclosure Abuses

New Hampshire Attorney General Michael Delaney and Commissioner Ronald A. Wilbur of the New Hampshire Banking Department will be holding a press briefing this afternoon at 1:00 p.m.,  regarding the recently announced $25 billion state/federal mortgage servicing settlement.  The briefing will include a detailed explanation of the proposed terms of the settlement and New Hampshire’s decision to join.

The nationwide settlement stems from abuses that occurred after the housing bubble burst. Many companies that process foreclosures failed to verify documents. Some employees signed papers they hadn’t read or used fake signatures to speed foreclosures — an action known as robo-signing.

The deal would be the biggest involving a single industry since a 1998 multistate tobacco deal. It would force the five largest mortgage lenders to reduce loans for about 1 million households.

Read the entire story by Julie Smidt, in USA Today

If you believe your home was illegally foreclosed on, the Lawyer Referral Service of the NH Bar Association can help by referring you to a competent attorney who specifically handles this type of legal matter.  Call 603-229-0002 or request an online referral.

LawLine: Free Legal Advice – 800-868-1212

Do you have a BRIEF LEGAL QUESTION? LawLine, the NH Bar Association’s free legal hotline is held on the second Wednesday of each month, from 6 – 8 pm.

Volunteer New Hampshire attorneys will take calls from the public and will give brief legal information and advice. This is a FREE public service. Call 1-800-868-1212.

Do you have more than a brief legal question and suspect you may need an attorney to represent you?  The NH Lawyer Referral Service can refer you to a competent local  attorney who handles your type of legal matter.  Call (603) 229-0002 today or fill out the Lawyer Referral Service request form at:  https://www.newhampshirelawyerreferral.com/contact-us.

What Bankruptcy Can and Cannot Do

What Can Bankruptcy Do for Me?

 

Bankruptcy may make it possible for you to:

  • Eliminate the legal obligation to pay most or all of your debts. This is called a “discharge” of debts. It is designed to give you a fresh financial start.
  • Stop or substantially delay foreclosure on your house or mobile home and allow you an opportunity to catch up on missed payments. (Bankruptcy does not, however, automatically eliminate mortgages and other liens on your property without payment.)
  • Prevent repossession of a car or other property, or force the creditor to return property even after it has been repossessed.
  • Stop debt collection harassment, lawsuits, and similar creditor actions to collect a debt.
  • Restore or prevent termination of utility service.
  • Allow you to challenge the claims of creditors who have committed fraud or who are otherwise trying to collect more than you really owe.

What Bankruptcy Cannot Do

Bankruptcy cannot, however, cure every financial problem. Nor is it the right step for every individual. In bankruptcy, it is usually not possible to:

  • Eliminate certain rights of “secured” creditors. A “secured” creditor has taken a mortgage or other lien on property as collateral for the loan. Common examples are car loans and home mortgages. You can force secured creditors to take payments over time in the bankruptcy process and bankruptcy can eliminate your obligation to pay any additional money if your property is taken. Nevertheless, you generally cannot keep the collateral unless you continue to pay the debt. Note also that you cannot modify the terms of mortgages secured only by residential real estate which serves as a principal residence, and the cure of mortgage arrearages can take place only in Chapter 13.
  • Discharge types of debts singled out by the bankruptcy law for special treatment, such as child support, alimony, certain other debts related to divorce, most student loans, court restitution orders, criminal fines, and some taxes.
  • Protect cosigners on your debts.  When a relative or friend has co-signed a loan, and the consumer discharges the loan in bankruptcy, the cosigner may still have to repay all or part of the loan.
  • Discharge debts that arise after bankruptcy has been filed.
  • Bankruptcy cannot solve all money problems. If your income is insufficient to pay your mortgage and other regular bills you may need to consider making significant and painful choices, which may well include a bankruptcy filing.
  • There are restrictions upon filing another bankruptcy proceeding after receiving a discharge.