Why Struggling Homeowners Get No Help

The administrative mistakes of the largest lenders is surpassed only by their arrogance.

With all the rhetoric spewed on American homeowners by banks and politicians about "continued efforts" to help struggling homeowners you would think that the now depressingly familiar stories of lenders unwilling to help would have stopped. People who deal with mortgage lenders and borrowers hoping for help know that the horror stories continue.


Big banks like J.P.Morgan Chase, Bank of America & Wells Fargo are realizing unprecedented profits.They measure their assets in trillions of dollars. Helping struggling homeowners is not a priority. They make no mistake about that. Bank of America & Wells Fargo have announced that they are cutting 30,0000 jobs. A move likely designed to appease shareholders and likely detrimental to anyone hoping that they may get help through a mortgage modification or some other "foreclosure alternative" they've applied for.

Together the George W.Bush and Obama administration spent over a trillion dollars of taxpayer money to bail out big banks and corporations with no requirement to utilize any portion of that taxpayer money to help struggling homeowners. No "quid pro quo" as it's called. No responsibility or obligation to help hundreds of thousands of struggling homeowners while these same corporations continue to enjoy tremendous profits. The struggle to hold big banks accountable is somehow delegated to state and local governments. Most of these fights are insignificant. They are merely a nuisance to big banks because of their size and financial clout. NY City officials consider banking as important to them as the auto industry is to Detroit.

The Obama administrations parade of mortgage relief programs have failed miserably, largely due to the lack of any requirement by lenders to adhere to them. Any government program that has been touted by the administration as mortgage relief attaches financial incentives for banks. Like a reward for a good grade. It's like asking banks to choose between record profits or "atta boy"

What does it take for the American people to wake up? What would it take for the American public to say "no more"? I struggle everyday with these questions and I always come away with this. I know that the answers are in the American public, not the politicians, not the power mongers and not the corporate giants feeding off taxpayer money. Unless we Americans regain control of "our government" we will continue to spend days and nights struggling for answers in our own lives.

George Sinacori
GES Real Estate, LLC

Bank Regulators Set New Foreclosure Rules

May 2011 - Banks are scrambling to meet a mid June deadline requiring them to have plans in place on how they will meet a set of new U.S. Regulator guidelines designed to help clean up the foreclosure process. The banks will have an additional 60 days after that to actually put the plans to work and implemt the required changes.



The new rules reportedly will require a single point of contact for borrowers trying to modify loans or in the foreclosure process. Regulators will also require that "appropriate deadlines" be set for banks to give a decision on wether or not a modification or other foreclosure alternative workout can be arranged. Banks will also be required to ensure that staffing is adequate enough to handle the flood of foreclosures and loan modifications in their systems.



Some banks are already taking steps to implement changes and meet the new requirements before the June deadline. For example, J.P.Morgan Chase has announced that it is developing new software programs that will make it easier for borrowers to track loan modification requests. They also claim to now provide each borrower with a "relationship manager"to help them through the loan modification or foreclosure maze.

Citigroup says that they will provide a "concierge" service that will help guide deinquent borrowers at risk of default. Banks and mortgage servicers will also be required to meet new guidelines from Fannie Mae and Freddie Mac that strive for more loan modifications and stronger efforts to keep homeowners in their homes. Servicers will be required to approach borrowers early and frequently after just one missed payment. Fannie and Freddie will reward the servicers for completed modifications and penalize them for failing to meet timelines in the process.

These changes are presently scheduled to go into effect during the 2nd quarter of this year.

George Sinacori
GES Real Estate LLC

Banks Illegally Foreclose On An American Hero

Sgt. James B. Hurley (pictured) was foreclosed, his family evicted and their home sold while the Sergeant was deployed in Iraq on active military duty.

Violating the law seems to be OK as long as your a large financial institution like Deutsche Bank or Morgan Stanley. A Federal judge ruled that these institutions violated a federal law. The Service Members Civil Relief Act (SRCA) is designed to protect active military personnel from creditors due to the nature of and responsibility to the service they perform.  Hurley's home and property was sold by the bank, after evicting his wife and children in 2005, less than 2 months before the Sergeant returned from war disabled and retired.

                                                Sgt. James B. Hurley near his former home

Even today, 7 years later these banks continue their court battle in order to avoid paying Hurley any punitive damages claiming that he only has a right to fair market value of the home when it was sold. Clearly this is not the only screw up by banks and just as clearly people like the Hurleys continue to suffer under the heavy handedness and incompetence of banks and the attorneys that represent them. It is beyond appalling to me. Hey lets give these banks a big fat bailout from our tax dollars so they can continue screwing people like the Hurley's every day. Courtesy of a story in the N.Y. Times




George Sinacori   

Tricks & Traps of Foreclosures - Buyer Beware!

 Considering buying a foreclosure? Here are some tips that may help. When dealing with a bank for an REO (Real Estate Owned) property expect tricks & traps at every junction. Here are just a few that you'll want be aware of.

- "AS IS WHERE IS" - Banks sell properties in a strictly as is condition. If you look at a foreclosure and it needs substantial work to make it livable, don't expect that the bank will make these repairs prior to closing. Anything short of an environmental or health hazard will ultimately be the buyers responsibility. Make sure your inspections are thorough even if it costs a bit more initially.

- "Real Estate Disclosures" - There aren't any! The bank has never seen or lived in the property and has zero knowledge of the history, prior or existing defects, or the surrounding areas. typically a Sellers Disclosure is obtained by a buyer prior to submitting an offer. Don't expect any from a bank.

- "Contract Terms" will change - Your initial offer may be accepted verbally however, soon thereafter you will receive a whole new set of documents & addendum's to review and sign ASAP if you expect the contract to move forward. You'll find that many of the terms, times and conditions are very different than what you thought was accepted. The only thing that is accepted is "price". All other conditions will be incorporated in the bank or investors contract. Take it or leave it.

- "Escrow Deposit"- You will likely be required to work with the banks chosen escrow and Title Insurance company. They will rush you for your deposits and afterward take their time on processing the required signatures and meeting deadlines. Typically they are slow and unorganized "Foreclosure Mills".



Have realistic expectations. Work with a Broker who is familiar with the process and potential complications. Call 561-306-6736 or email directly with any questions about buying a foreclosure.

Foreclosed Family Reclaims Home

Former homeowners reclaim foreclosed property:
VENTURA, Calif. – Oct. 18, 2010 – One possible outcome of the foreclosure crisis could be a fight between former owners of foreclosed homes and lenders. An example of what might become a larger trend happened in California, where a couple and their nine children used a crowbar to break into their former home. Their lawyer recommended that they take this step, according to AOL’s HousingWatch.com.
The former owners, Jim and Danielle Earl, say they were trying to catch up with their payments when the lender sold the property to Conejo Capital Partners. Many Realtors will find this very familiar scenario happenening to clients every day.

The Earls say it’s unclear who actually owns the loan. Reportedly the original lender was Washington Mutual, which became JPMorgan Chase. The Earls say that Chase failed to properly assume the loan and didn’t have the right to sell it, nor could Conejo Capital Partners legally sell it.

According to the Earls’ attorney, “They may claim we’re violating the law and we’re claiming they violated the law. Typically, the authorities will say this is a civil dispute, but the question is, who owns the home? Because whoever doesn’t is trespassing.”

Source: The Wall Street Journal, Emily Peck (10/13/2010)

Banks Accused of Delaying Foreclosure

Are banks holding back foreclosures and creating a false or temporary market bottom? According to a July 24,2009 article in the Miami Herald some analysts believe just that. Inventories of foreclosed and short sale homes have dramatically declined over several months as banks have been less inclined to take back more properties. For example, typically in Florida a judicial foreclosure filing takes approximately 6 months. Presently that time frame is more likely to be a year or longer.
I believe that banks are ill equipped to handle this new market of foreclosures and short sales. They don't have the personnel or the resources to actually take a property over and than turn it around quickly to market and sell. That being said it would seem more beneficial to not take on any more than they can handle. It's important for banks to exhibit a healthy or sustainable bottom line these days. Taking in non performing assets like an avalanche of foreclosed properties would not project the image that they need under the scrutiny of the Fed. It only makes sense that they should delay taking these properties back.
How about short sales? Would it benefit banks to process short sales faster than they have? If my analogy is right it seems that may be a good next step. If I have an asset that becomes a liability I sell it if at all possible. I think most people would unless there were some type of emotional connection to it. Why then, if banks are dragging there feet on foreclosures wouldn't they streamline the short sale process and rid themselves of the liability? Is it greed plain and simple? Maybe they're just not that sharp after all.
For more info and recent statistics email me or call me directly 561-306-6736 . Visit my website for info on buying, selling, tax credits, available foreclosures, short sales and existing homes.

Taxpayers $700,000,000,000 Handout

"Wall Street" has never translated to "housing". Try as they may to make them synonymous it isn't so just because someone says it is or want us to believe it. Looking at the players in the current economic debacle, this madcap comedy of errors, I'm reminded how much the Secretary of the Treasury and the Chairman of the Federal Reserve emulate a classic cartoon comic strip of old. Cartoonist Jeff Fisher's characters Mutt and Jeff were business men, almost smart enough to be con men. Mutt was tall and lanky, slightly bent forward while Jeff, his partner, was shorter, a stockier physical makeup and balding with a mustache and beard. I'll give you a moment here to visualize. OK! See any similarity yet? If not here's a link to Mutt and Jeff. Almost uncanny I think.

These two energetic little lunatics were always looking for the easy way to get something. They would attempt the craziest most hair brained schemes and act on them, believing that they couldn't or wouldn't fail. Mutt and Jeff were always surprised to be tossed on their butts, from wherever they were trying to sell their junk by much more sane level headed people.

Our Treasury Secretary and Chairman of the Federal Reserve however have achieved what the fictional Mutt and Jeff only aspired to. They've somehow convinced the most advanced, most sophisticated and supposedly most intelligent government in the world that they need $700,000,000,000. Is that enough zero's? Congress is busy running around convincing each other to vote one way or the other. The House and Senate have each already voted, one no and the other yes to give. What they've forgotten is that the real issue with the economy is still housing. How does Wall Street translate to housing? I just don't get it. A recent First Time Homebuyer tax rebate has not stimulated people to buy houses. A $300,000,000,000 FHA initiative designed to help refinance "troubled mortgages" has done little. Although that was made available only last week I don't see any rush on FHA refinancing. Federal takeovers of both Fannie Mae & Freddie Mac have cost us tens of billions of dollars and still banks and industry giants continue to fail under multi million dollar leadership.

Corporate greed, corruption and politics as usual have put us all on the edge of our seats waiting to see or hear whether or not Mutt & Jeff have made the ultimate score. A taxpayer handout to rescue Wall Street. What happened to rescuing housing? The aforementioned Homebuyer Tax Credit, FHA plan and Corporate bailouts were all initiatives of our Treasury and Fed leaders. These guys weren't thrown out like Mutt & Jeff, they just haven't worked. Hey here's another hair brained scheme. Give them $700B to try to bail out Wall Street. It may not work but heck if you guys are in a giving mood and your pockets keep getting deeper give it up. No guarantees, no need for oversight or regulation, Mutt & Jeff will let you know when it fails. In the meantime Mr. and Mrs. Taxpayer keep watching and keep waiting. Something good may happen someday.

Like the more sane, level headed business minded people that kept throwing Mutt & Jeff out on their backsides, I want to remind everyone of a little word seldom used anymore when it comes to doling out billions of dollars in response to tantrums born of greed and overindulgence.

Just say NO. Say no to the Wall Street power brokers, say no to the corruption, say no to the partisan politics that have lead us to a dark place in our country's history and say No to any more Mutt & Jeff like schemes. Let the corporations and their overpaid CEO's wallow in not being rescued by taxpayers. Let's get the ball back on the court and concentrate efforts on straighten out the housing crisis.

Push the First Time Homebuyer Tax Credit, pressure banks to employ forbearance efforts for troubled borrowers, move forward with the already in place FHA reforms that as of Oct. 1 are available, and let's take a long look at the arbitrary actions of HELOC lenders in capping or eliminating lines of credit in order to accommodate their own selfish greed.

Mutt & Jeff my answer is NO !