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Dec 7, 2007

 
  

Help for homeowners behind on their mortgages

by By Karen O'Shea
Sunday February 10, 2008, 2:05 PM

More than 2,000 Staten Islanders are behind on their mortgage payments by at least a month, with some as much as 60 days delinquent and headed down the path toward foreclosure.
But there is hope. Those homeowners can expect to receive letters from their lenders inviting them to a workshop Feb. 24 at the College of Staten Island, where they will meet directly with banks to discuss ways to save their homes.

"Operation Protect Your Home," co-sponsored by State Sen. Diane Savino (D-North Shore/Brooklyn), is part of a citywide effort launched today by the state Senate Democratic Conference and New York Banking Department. It targets homeowners struggling with subprime loans that are 30 to 60 days delinquent -- often seen as the critical period before foreclosure starts.
"A lot of people are embarrassed and not willing to come forward, or they hope they will figure a way out of the mess," said Ms. Savino. "Our message is it's not going to go away and here is a chance for them to take control of the situation and sit down and have an honest financial work-up with the lending institution. At the end of this process, we want to see as many of these 2,031 families assisted in whatever way works for them."
Eight lenders that either made subprime loans to homeowners or bought the mortgages later are expected to attend the CSI workshop. The event will run from noon to 8 p.m. in the college gymnasium, and, for the first time, pair struggling homeowners with bank representatives.
Participating lenders include Chase, Citibank, EMC Mortgage, Home Loan Services, Option One Mortgages, Regional Capital (GMAC), Washington Mutual, Wells Fargo, and Wilshire Credit Corporation.
Those banks identified for the Democratic Conference just how many delinquent loans they hold in each of four boroughs. On Staten Island, the number of mortgages delinquent for 30 to 60 days totaled 2,031. In the Bronx, the figure was 2,854; Brooklyn, 8,114, and Queens, 9,574.
Ms. Savino's office prepared 2,031 form letters inviting Islanders to the day-long event and forwarded the letters to cooperating banks, which are expected this week to mail the invitations to Staten Island clients with delinquent loans.
"On this day, not only will you be able to address your concerns directly with your mortgage lender or your loan servicer, and possibly begin to agree on new mortgage terms, you will also be able to meet with HUD-approved housing and credit counselors from all over New York City to receive assistance in keeping your home," a portion of the invitation reads.
Savino joined fellow Senate members during a press conference today in the New York State Banking Department office in Manhattan to kick off the program. The first workshop will be held Feb. 22 in the Bronx.
The help comes at a key time. A monthly report produced by the State Foreclosure Prevention Working Group, a multi-state task force that includes the New York Banking Department, found that seven out of 10 seriously delinquent homeowners across the United States are not on track for any help from lenders, largely because of a lack of interaction between mortgage servicers and homeowners.
Ms. Savino credited the banks participating in the foreclosure prevention program here.
"They don't want to end up owning a bunch of foreclosed homes. It's a recognition on their part that they bear some responsibility for this situation, and they also want to bear some responsibility for the resolution," she said.
More and more people are beginning to offer help in the aftermath of the subprime lending crisis, and courts are beginning to push back in response to years of loose or even predatory lending practices. In one recent case, a judge ruled the lender could not proceed with foreclosure and might have to void the mortgage and pay damages to the New Springville homeowners because of predatory lending practices.
The Richmond County Bar Association is in the process of incorporating The Richmond County Bar Association Volunteer Lawyers Project to help people with predatory, subprime loans. Rather than asking individual lawyers to take on such cases and risk liability, the bar association believed it was best to incorporate an organization to work on such lawsuits.
"We are moving forward to be able to respond appropriately," said Bar Association president John Connors Jr.

TAIL:Karen O'Shea covers real estate news for the Advance. She can be reached at oshea@siadvance.com.


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2 months behind on the mortgage

Rising interest costs are making mortgage payments too steep for hundreds of Staten Island families
Sunday, October 21, 2007
By KAREN O'SHEA STATEN ISLAND ADVANCE STATEN ISLAND, N.Y. -- For the first time in his life, Tony Morreale must ask for help to pay his mortgage.

Despite recent promises of aid for struggling homeowners from everyone from President Bush to Morreale's own lender, Countrywide Home Loans, Morreale isn't getting a lot of sympathy.

Morreale, 38, and his wife, Domenica Panattieri are two months behind on monthly mortgage payments of $3,360 on their semi-attached home in Arden Heights, and their adjustable rate mortgage is set to adjust again in six months to $3,600. The couple are in the early stages of default, a critical time when loan restructuring is still feasible.

Morreale acknowledges he's made financial missteps along the way. He left a good job as a hotel manager in New Jersey to start a restaurant in Great Kills. But he was forced to close the restaurant in May and before starting a new job just last week, Morreale was out of work for several months with an autistic child who requires expensive medicine and doctors' visits.

He's not the only one who's made some bad decisions. Neighborhood Economic Development Advocacy Project, a Manhattan-based nonprofit, estimates that foreclosures on the Island could reach 1,471 by the end of this year, when adjustable rate mortgages reset.

Nationwide, a total of 1.8 million adjustable rate mortgages, or ARMs, are ready to reset over the next two years to higher interest rates, and a study by the Center for Responsible Lending in Durham, N.C., found that more than 2 million families with subprime loans have lost -- or will lose -- their homes.

Experts say many are defaulting not just because of higher interest rates, but because those big price jumps were accompanied by the loss of a job or illness and the drastic change in the housing market. Many people who took adjustable loans with low teaser interest rates were told they could refinance later into a fixed rate loan, before their adjustable mortgage began to ratchet upward.

"If home prices were still rising, borrowers would have better opportunities to refinance. It's not a perfect storm, but there can be these cascades of events," said Keith Gumbinger, vice president of HSH Financial Associates.

The Morreales are part of that bad luck wave.

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For Island Residents, Loan Crisis Hits Home
Foreclosure victims recount experiences during state Senate hearing at CSI 

Staten Island Advance - Wednesday, August 15, 2007


Homeowners from Huguenot to Mariners Harbor and Rosebank told stories yesterday of living on the brink of foreclosure and financial ruin because of bad subprime loans -- the same kind of sour mortgages rocking Wall Street this week.

Among the half-dozen homeowners who testified yesterday before a state Senate hearing at the College of Staten Island was a grandmother from Mariners Harbor who owned her home for 17 years before the bank took it last month.

Helen Rice-Lyles told of living in a homeless shelter in Queens when a mortgage broker told her she could buy a house on Brabant Street in Mariners Harbor. Marva Whyte, her next-door neighbor on Brabant Street, used the same Queens broker to buy her house and is also in default.

The subprime loan crisis could shape up to be worse than the national savings and loan banking crisis of the early 1990s, said state Sen. Diane Savino (D-North Shore/Brooklyn), who co-sponsored yesterday's hearing at the college. She fears many homeowners, particularly South Shore residents, are embarrassed by the prospect of foreclosure and afraid to go public with their stories.

"Drive around and take a look at all the for-sale signs. They are not just people looking to sell and move to New Jersey. They are trying to prevent foreclosure," Ms. Savino told a reporter before the start of yesterday's hearing.

It was the fourth in a series of statewide hearings being conducted by the Senate Democratic Conference, which is considering ways to address the subprime lending crisis.

"This goes well beyond just some homeowners getting in over their heads. We now see it's affecting Wall Street and the banking industry," Ms. Savino added.

SUBPRIME MORTGAGES

Rising defaults among subprime mortgages, many of them pooled and sold as securities to investors, sent stocks tumbling in recent days and prompted lenders to tighten standards.

"Even people with good credit and a sizable down payment are finding it difficult to get a loan this week," Simone Wegge, an economics professor at CSI, told the panel of legislators and banking experts.

Subprime loans carry higher interest rates than normal but can be an important assist for people with poor credit. The loans become abusive when a buyer is a given a mortgage that's unaffordable from the start. The rate of subprime lending in the borough tripled between 2002 and 2005.

The high-risk loans were also popular on Wall Street because they carried higher interest rates and the prospect of greater returns.

"I'm going to lose the home my parents worked so hard to get," said Rosebank resident Sharon Edwardsen.

Ms. Edwardsen said she trusted a mortgage broker who encouraged her to refinance the 100-year-old family home several times and her mortgage payments ultimately jumped from $780 to $2,800 a month.

She later learned that the broker had falsified income on her loan documents, saying she was an optometrist who made $5,000 a month, Ms. Edwardsen said. She is an optometrist's assistant who makes $1,800 a month.

Ada Diaz of Mariners Harbor, a homeowner for 17 years, said she had just had eye surgery and could barely read her loan documents when her refinancing closed. She ended up with mortgage payments she could not make and lost her house to foreclosure last month.

She is still living in the house with her four grandchildren but unsure where she will go next.

Margaret Becker of the Foreclosure Prevention Project in St. George said ubiquitous and misleading ads for loans promising low interest rates and debt consolidation have fueled many of the problems here.

Even Ms. Becker, a Harvard Law School graduate, said she ended up with an 11 percent mortgage because she was misled by a broker.

"Please dispel any stereotypes you might have about who gets sucked into these things," she said. "The misinformation is way out there."

Like other experts who testified yesterday, Ms. Becker said more must be done to prevent future fraud in lending and better educate buyers.

Foreclosures in the borough spiked 47 percent in 2006, more than the rest of the city, but defaults also dropped through the second quarter of this year by 50 percent, to 818 defaults, according to California-based RealtyTrac.

Neighborhood Economic Development Advocacy Project, a Manhattan-based nonprofit, has estimated that number could double to 1,600 by the end of this year, when adjustable rate mortgages are reset at higher rates.

Also attending yesterday's hearing were Assemblymen Matthew Titone (D-North Shore) and Lou Tobacco (R-South Shore) and state Sen. Jeffrey Klein (D-Bronx/Westchester).   

By Karen O'Shea
Reprinted here with permission from the


http://www.csinews.net/IntheNews/August_07/15_Loan_Crisis.htm



 

Predatory lenders target the vulnerable

Sunday, August 05, 2007
By KAREN O'SHEA
STATEN ISLAND ADVANCE

STATEN ISLAND, N.Y. -- Marva Whyte and Helen Rice-Lyles are new neighbors, but they've had little time to get to know each other or their community. Both are facing foreclosure less than a year after buying side-by-side homes on Brabant Street in Mariners Harbor from the same real estate company in Queens.

There is a good chance the two women will lose their homes, which are located across the street from the Mariners Harbor Houses public housing complex in an area that can ill afford more boarded up, foreclosed buildings.

 

The women were victims of predatory lending in the subprime market, according to Margaret Becker, an attorney with the nonprofit Legal Services for New York City's Staten Island Foreclosure Prevention Project in St. George.

Despite hand wringing over the national subprime lending crisis' impact on big lenders and myriad public forums on the problem, there is often little real help for the most vulnerable homeowners like Ms. Whyte and Ms. Rice-Lyles.

Ms. Rice-Lyles was living in a homeless shelter before the Queens realty company told her she could own her own home. She moved from the shelter to her home in January and was instantly unable to pay a monthly mortgage of $3,745.

Ms. Whyte, an aid who works at Kings County Hospital, is also behind on monthly mortgage payments of $3,398.

"If they had a lawyer they would have a solution," said Ms Becker, who has screened both women's cases. "If they had a lawyer they'd have a case, because this is fraud and fraud is illegal."

The women can't afford an attorney and Ms. Becker can't afford to pursue their claims because she is already litigating seven cases of alleged predatory lending. She hopes to win compensation for those clients and the right to remain in their homes, but she said each case is complex.

"We really need a more organized and forceful government response to this crisis because the nonprofit sector cannot address this on its own," said Ms. Becker. "We are doing our best to address these cases but this problem is too big and too vast to tackle."

A GROWING PROBLEM

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Lillian B. (42)
Saturday March 1, 2008, 12:10 pm
Stuck with a bad loan, a Staten Island family fights back
by Staten Island Advance
Sunday February 03, 2008, 7:25 PM

David and Karen Shearon were like many other Staten Islanders stuck with bad loans, collapsing financially under the weight of a crushing mortgage less than a year after buying their first home.

But unlike thousands of others who have entered foreclosure as part of the fallout from the subprime lending crisis -- homeowners often embarrassed by their situation and unable to afford legal representation -- the Shearons fought back.

Staten Island Advance/Irving SilversteinA judge recently ruled that the owners of this Westport Lane townhouse in New Springville home were victims of predatory lending.


They argued through their attorney that brokers aggressively marketed them a high-cost loan and then pressured them to go through with the closing when they could have qualified for a traditional fixed-rate mortgage.

In what is likely to be a precedent-setting decision in New York, state Supreme Court Justice Joseph J. Maltese agreed with the Shearons, recently telling the bank that it could not foreclose on the couple's New Springville townhouse and that it may have to pay them damages for their troubles and void the $355,000 mortgage on their Westport Lane home.

In his 11-page decision, Maltese rips the original lenders and brokers for making the high-cost loan to the Shearons without checking to see if the couple could repay the mortgage -- a violation of the 2002 predatory lending provisions of New York State banking law.

It's the first time in the state that a judge has invoked those predatory lending provisions against a lender, and it could signal a shifting tide in how foreclosures are handled, experts note.

James Tierney, director of the National Attorneys General program at Columbia Law School, said trial judges across the country are beginning to question banks seeking to foreclose on homeowners in similar situations.

"What I am seeing is a number of trial judges saying, 'Enough is enough, fraud is fraud.' They are kind of taking a stand," said Tierney.

In many ways, experts say, the Shearon case is a classic tale of predatory lending in the subprime market, where brokers aggressively marketed more lucrative high-cost loans to people, many of whom lacked the wherewithal to pay those loans when the market turned and home prices began to fall.

Tierney said figuring out liability in such cases is often difficult because subprime loans can be sold and resold two or three times. The original lender and brokers are usually long gone when the new lien holder makes the successful argument that it was not responsible for the original loan and should be permitted to foreclose.

Tierney said such arguments are getting harder for judges to accept when they see people losing their homes.

The Shearons' original lender, WMC Mortgage Corp., is no longer making loans and LaSalle Bank of Oregon, the bank that took over the loan, is seeking to foreclose.

According to court papers, a broker Liberty Capital Mortgage in Pennsylvania told the Shearons they would qualify for traditional loan products with fixed interest rates.

But despite their modest income and relatively good credit, the Shearons were improperly pushed into a high-interest subprime loan, their attorney argued. The couple ended up with two mortgages for $71,000 and $284,000. Payments on the latter adjustable rate mortgage has since jumped from $1,800 to $2,500. The first mortgage is set at 10 percent interest rate over the life of the loan.

Attorney Noah Pusey said his clients tried to back out of the deal before closing but were told they'd lose their $5,000 deposit. They'd also given up their apartment lease and were worried they'd have no place to go with their three children.

"David Shearon was a victim here and he was preyed upon by the bank and their representatives and the brokers," said Pusey, a lawyer with Cilmi & Associates.

Judge Maltese determined the original lender violated banking law by failing to check the Shearons' income and ability to pay the high-cost loan. He said the lender crossed the line again when it financed the home above the $335,000 sale price, using an additional $19,145 to pay the costs and fees associated with securing the high-cost loan. The Shearons' $5,000 deposit, meanwhile, was never deducted from the ultimate $355,000 in financing.

"This ultimately left Shearon with negative equity in the property," the judge wrote.

"The mortgage loans may be unenforceable and the homeowner may be entitled to reimbursement of all prior mortgage loan payments, the fees for obtaining the loans and attorney fees," Maltese added.

At a hearing Feb. 28, the judge is expected to decide whether the mortgage should be voided and damages granted to the Shearons.

"It's a victory for myself and my family, but how many other people are out there? We are not the only ones," said Karen Shearon, who saw a neighbor lose her home.

It's unclear if LaSalle Bank will appeal Maltese's decision. Steven J. Baum Associates, a law firm and debt collector representing the bank, declined to comment.

Margaret Becker, director of the Homeowner Defense Project at Staten Island Legal Services in St. George who represents Islanders in cases of alleged predatory lending, said many others don't have attorneys and don't challenge foreclosures.

"It's good to hear a success story," she said of Maltese's decision. "It is very encouraging that judges are clearly taking the issue of predatory lending in the subprime market seriously and are willing to enforce laws to protect people from these kinds of pernicious practices."

--- Contributed by Karen O'Shea


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Lillian B. (42)
Thursday November 13, 2008, 12:25 pm
Election gives Island housing market a jolt
Sunday, November 09, 2008
By KAREN O'SHEA
STATEN ISLAND ADVANCE
STATEN ISLAND, N.Y. -- Hope is quietly spreading across the lifeless Staten Island real estate market following the Obama victory that the new president will take immediate action to help homeowners.

Trudy Scafiddi, who is trying hard to save her Huguenot home, symbolizes the kind of troubled constituent President-elect Barack Obama will face when he takes office in January.

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She and her husband finally stopped paying their $2,700-a-month mortgage in June, after nearly two years of trying unsuccessfully to negotiate a new, less expensive loan with a series of lenders and seeking help from a variety of nonprofit advocacy groups.

Mrs. Scafiddi, who offered to make partial payments but was refused, has heard nothing from Saxon Mortgage Services since she stopped paying entirely.

She hopes the new president will see the wisdom of helping troubled homeowners like herself.

"If they got this housing market up and rolling again, I'm sure we'd see a difference in the stock-market mess. If you really open up your eyes, you will see it's stemming from an abundance of foreclosures and people headed for foreclosure," she said.

But just how Obama will solve the linked housing and Wall Street crises -- just a few of the unprecedented challenges he faces as the nation's first African-American president -- is still unclear. Some of his proposals, including one to allow struggling homeowners to tap retirement funds without penalty, have been made before by local leaders.

Al Lambert of Tottenville first put his house up for sale in March. He took it off the market two months later and put it back on in September, just as Wall Street imploded and the economy took center stage as the overwhelming election issue.

This time around Lambert has lowered the price for his home -- a well-manicured white colonial with views of Raritan Bay -- from $1.2 million to $969,000. But he wonders if he will regret that move.

"The election is going to be over and I'm going to sell the house at that low price and the next buyer is going to score," he said.

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Lillian B. (42)
Thursday November 13, 2008, 12:26 pm
Election gives Island housing market a jolt
Sunday, November 09, 2008
By KAREN O'SHEA
STATEN ISLAND ADVANCE
STATEN ISLAND, N.Y. -- Hope is quietly spreading across the lifeless Staten Island real estate market following the Obama victory that the new president will take immediate action to help homeowners.

Trudy Scafiddi, who is trying hard to save her Huguenot home, symbolizes the kind of troubled constituent President-elect Barack Obama will face when he takes office in January.

Advertisement






She and her husband finally stopped paying their $2,700-a-month mortgage in June, after nearly two years of trying unsuccessfully to negotiate a new, less expensive loan with a series of lenders and seeking help from a variety of nonprofit advocacy groups.

Mrs. Scafiddi, who offered to make partial payments but was refused, has heard nothing from Saxon Mortgage Services since she stopped paying entirely.

She hopes the new president will see the wisdom of helping troubled homeowners like herself.

"If they got this housing market up and rolling again, I'm sure we'd see a difference in the stock-market mess. If you really open up your eyes, you will see it's stemming from an abundance of foreclosures and people headed for foreclosure," she said.

But just how Obama will solve the linked housing and Wall Street crises -- just a few of the unprecedented challenges he faces as the nation's first African-American president -- is still unclear. Some of his proposals, including one to allow struggling homeowners to tap retirement funds without penalty, have been made before by local leaders.

Al Lambert of Tottenville first put his house up for sale in March. He took it off the market two months later and put it back on in September, just as Wall Street imploded and the economy took center stage as the overwhelming election issue.

This time around Lambert has lowered the price for his home -- a well-manicured white colonial with views of Raritan Bay -- from $1.2 million to $969,000. But he wonders if he will regret that move.

"The election is going to be over and I'm going to sell the house at that low price and the next buyer is going to score," he said.

CONTINUED 1 | 2 | 3 Next

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