RentLaw.com October 28, 2008 - Tenants Evicted Due To Foreclosure
Tenants are getting evicted by the courts when a lender forecloses on a property. The unsuspecting tenant pays their rent, but the landlord never pays the lender.
Are tenants being notified by the lender? Tenants must pay attention to their mail.
Read more about tenant's rights in foreclosure proceedings.
Laws vary by state and some judges, lenders and who ever else is involved in the eviction and foreclosure processes are proceeding with caution. Read more on Foreclosure and the The Tenant on RentLaw.com The National Landlord Tenant Guides.
Tuesday, October 28, 2008
Wednesday, October 08, 2008
McCain's Mortgage Bailout Plan....
Before you read the summary of McCain's "American Homeownership Resurgence Plan" think of what others have gone through the past several years and maybe yourself if you had pruchased a home and struggled with high rates when you first pruchased some years ago - with 12% or 16% rates and had to refi a few times to get a "good" rate.
Many people were lead to make bad decisions. Partly because they were misled, some because they beleived that "the real estate market always goes up..." others simply did not understand the complexity of owning a home. Owning and running a household is a major business.
The brokers, lenders and other leaders are at fault for allowing easy credit terms to many buyers who really were not qualified - even if they "qualify for a mortgage". You might qualify for a mortgage, but NOT qualify to own a home and manage it.
When I went for a new loan, I experienced all kinds of craziness - and I'm experienced.
One of the biggest unexplained tactics was the "NO DOC" loan. That means more or less no documentation of your W2 or income verification REGARDLESS of the fact that I could document my self employed income, rental income and MY WIFE's income.
Also banks were using "credit scores" not to disqualify you, but to qualify you at a higher rate - for the "risk" you present based on your score.
You can sit bank and take a look at the entire appraisal process - a simple method of comparing like homes in a neighborhood that have been sold within the past year or less and a brief look at the inventory in the same area. How reliable an estimate is this and did banks fail to discount an aprraisal instead of "making the loan" or "making the numbers work" for the loan to grow through?
There are many flaws in the system.
Owning a home takes work. Lots of work.
Can you clean up people's credit card debts as well - just erase them?
Following is a summary of McCain's proposal.
John McCain unveiled a dramatic proposal Tuesday to bail out homeowners struggling to pay their mortgages.
In the second presidential debate, the Republican nominee -- who has railed against excessive government spending and once questioned whether federal money should be spent to help homeowners -- outlined a new $300-billion federal program.
McCain promised to buy failing mortgages directly from homeowners and mortgage providers and replace them with government-backed fixed-rate mortgages. "Is it expensive?" McCain asked. "Yes. But we all know, my friends, until we stabilize home values in America, we're never going to start turning around and creating jobs and fixing the economy.
"McCain's campaign issued a 1½-page fact sheet to explain his call for the massive federal intervention, which it called the American Homeownership Resurgence Plan. The campaign noted that the $700-billion financial rescue package approved by Congress last week gives the Treasury Department authority to directly buy mortgages, but added, "It may be necessary for Congress to raise the overall borrowing limit."
Treasury Secretary Henry M. Paulson has given no sign that he would spend any of the money to bail out individual lenders and borrowers. Rather, he has made it clear that he considers it the government's responsibility to assure the stability of the credit markets.
Bill Burton, a spokesman for the Obama campaign, said the idea was not a new one and noted that the Illinois senator had raised it. On Oct. 1, in a news release, Obama said he intended to "encourage Treasury to study the option of buying individual mortgages like we did successfully in the 1930s."
McCain has based his presidential bid in part on frequent calls for cuts in government spending and regulation. His housing bailout proposal was a surprise in a debate that could prove a crucial pivot as the race enters its final month.
When the mortgage crisis first ballooned, Obama offered a plan that included aggressive regulation of financial institutions, relief for homeowners and a $30-billion economic stimulus package. McCain criticized it as a "multibillion-dollar bailout for big banks and speculators" and said, "There is a tendency for liberals to seek big government programs that sock it to American taxpayers while failing to solve the very real problems we face."
fter he was criticized for downplaying the government's role in responding to the crisis, he changed course.
He proposed spending up to $10 billion for government-backed mortgages for "well-meaning, deserving homeowners" facing foreclosure.
According to the outline of McCain's newest proposal, the federal government would pay borrowers and lenders in full, regardless of how wise or fair the original transaction was. Lenders would be able to remove the bad mortgages from their balance sheets, and borrowers would be able to refinance into government-guaranteed loans.
Mortgage holders would have to prove they lived in the home and had good credit at the time of the original loan. This approach has been largely rejected by both Democrats and Republicans because it would be likely to reward the kind of bad lending and borrowing practices that caused the housing crisis while doing little to help stretched but conscientious homeowners.
By contrast, the housing bill passed by Congress over the summer, and which went into effect Oct. 1, required lenders to take a loss by writing down the principal on troubled mortgages to 85% of the house's current value. Borrowers with adequate incomes and credit records would then qualify for refinanced mortgages from new lenders.
Government funds were used only to help finance mortgage insurance for the new loans; cost estimate for taxpayers was roughly $20 billion.
Many people were lead to make bad decisions. Partly because they were misled, some because they beleived that "the real estate market always goes up..." others simply did not understand the complexity of owning a home. Owning and running a household is a major business.
The brokers, lenders and other leaders are at fault for allowing easy credit terms to many buyers who really were not qualified - even if they "qualify for a mortgage". You might qualify for a mortgage, but NOT qualify to own a home and manage it.
When I went for a new loan, I experienced all kinds of craziness - and I'm experienced.
One of the biggest unexplained tactics was the "NO DOC" loan. That means more or less no documentation of your W2 or income verification REGARDLESS of the fact that I could document my self employed income, rental income and MY WIFE's income.
Also banks were using "credit scores" not to disqualify you, but to qualify you at a higher rate - for the "risk" you present based on your score.
You can sit bank and take a look at the entire appraisal process - a simple method of comparing like homes in a neighborhood that have been sold within the past year or less and a brief look at the inventory in the same area. How reliable an estimate is this and did banks fail to discount an aprraisal instead of "making the loan" or "making the numbers work" for the loan to grow through?
There are many flaws in the system.
Owning a home takes work. Lots of work.
Can you clean up people's credit card debts as well - just erase them?
Following is a summary of McCain's proposal.
John McCain unveiled a dramatic proposal Tuesday to bail out homeowners struggling to pay their mortgages.
In the second presidential debate, the Republican nominee -- who has railed against excessive government spending and once questioned whether federal money should be spent to help homeowners -- outlined a new $300-billion federal program.
McCain promised to buy failing mortgages directly from homeowners and mortgage providers and replace them with government-backed fixed-rate mortgages. "Is it expensive?" McCain asked. "Yes. But we all know, my friends, until we stabilize home values in America, we're never going to start turning around and creating jobs and fixing the economy.
"McCain's campaign issued a 1½-page fact sheet to explain his call for the massive federal intervention, which it called the American Homeownership Resurgence Plan. The campaign noted that the $700-billion financial rescue package approved by Congress last week gives the Treasury Department authority to directly buy mortgages, but added, "It may be necessary for Congress to raise the overall borrowing limit."
Treasury Secretary Henry M. Paulson has given no sign that he would spend any of the money to bail out individual lenders and borrowers. Rather, he has made it clear that he considers it the government's responsibility to assure the stability of the credit markets.
Bill Burton, a spokesman for the Obama campaign, said the idea was not a new one and noted that the Illinois senator had raised it. On Oct. 1, in a news release, Obama said he intended to "encourage Treasury to study the option of buying individual mortgages like we did successfully in the 1930s."
McCain has based his presidential bid in part on frequent calls for cuts in government spending and regulation. His housing bailout proposal was a surprise in a debate that could prove a crucial pivot as the race enters its final month.
When the mortgage crisis first ballooned, Obama offered a plan that included aggressive regulation of financial institutions, relief for homeowners and a $30-billion economic stimulus package. McCain criticized it as a "multibillion-dollar bailout for big banks and speculators" and said, "There is a tendency for liberals to seek big government programs that sock it to American taxpayers while failing to solve the very real problems we face."
fter he was criticized for downplaying the government's role in responding to the crisis, he changed course.
He proposed spending up to $10 billion for government-backed mortgages for "well-meaning, deserving homeowners" facing foreclosure.
According to the outline of McCain's newest proposal, the federal government would pay borrowers and lenders in full, regardless of how wise or fair the original transaction was. Lenders would be able to remove the bad mortgages from their balance sheets, and borrowers would be able to refinance into government-guaranteed loans.
Mortgage holders would have to prove they lived in the home and had good credit at the time of the original loan. This approach has been largely rejected by both Democrats and Republicans because it would be likely to reward the kind of bad lending and borrowing practices that caused the housing crisis while doing little to help stretched but conscientious homeowners.
By contrast, the housing bill passed by Congress over the summer, and which went into effect Oct. 1, required lenders to take a loss by writing down the principal on troubled mortgages to 85% of the house's current value. Borrowers with adequate incomes and credit records would then qualify for refinanced mortgages from new lenders.
Government funds were used only to help finance mortgage insurance for the new loans; cost estimate for taxpayers was roughly $20 billion.
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