What You Need to Know About Forbearance Amid COVID-19

Coronavirus and COVID-19 have become household terms and many people talk about this virus several times a day. Another term people are talking a lot about today is forbearance. It is an unfortunate fact that COVID-19 has caused many people to lose their jobs, whether temporarily or permanently, and that has left them unable to pay their bills. For homeowners, the scariest bill that is going unpaid is their monthly mortgage bill, and people around Florida are becoming more and more concerned about foreclosure.

Homeowners need to understand that amid the COVID-19 pandemic, there are options – one of those is a possible forbearance. If you have never heard the term forbearance before, and you cannot pay your mortgage because of the crisis, it is now more important than ever before that you become familiar with the term.

What Is Mortgage Forbearance?

Mortgage forbearance is an agreement you enter into with your mortgage lender that allows you to temporarily lower your mortgage payments, or pause them for a short period of time. It is important to understand that a mortgage forbearance is not loan forgiveness. You must repay the missed payments at some point in the future.

Forbearance agreements are intended to help homeowners through difficult times. In many cases, this means in the event that a person has an extended illness or sudden job loss. Both of these situations apply to the COVID-19 outbreak, which is why the federal government has now offered borrowers with federally-backed mortgage forbearance periods for up to one year.

How Forbearance Agreements Work

If you are eligible for a forbearance, your mortgage lender will provide you with a document or package that outlines the terms of the agreement. Within these documents, you will find the amount of time the lender will pause or lower your payments, how and when you will repay the missed payments, and how the lender will report the missed payments to the credit bureaus.

You then have to apply for forbearance. The way in which you do this will depend on many factors, including the type of mortgage you have, the investor requirements on your loan, and your lender’s own policies. There is no one-size-fits-all formula when it comes to the repayment schedule on forbearance agreements. One lender may allow homeowners to repay all of the missed payments in a lump sum at the end of the forbearance term, while another lender may extend the term of the loan and spread out the missed payments over the total balance of the loan.

If you were up to date with your mortgage payments prior to the emergency declaration, your lender may offer terms that are more flexible in your forbearance agreement. If you were already behind on your mortgage before the crisis hit, you may have to explore other options, such as a loan modification, before applying for a forbearance. The options you have available will depend on your mortgage lender.

Applying for a Forbearance During the COVID-19 Crisis

To apply for forbearance during the COVID-19 crisis, you must start by talking to your mortgage lender. In March, the Coronavirus Aid, Relief, and Economic Security (CARES) Act was signed into law. This piece of legislation has many features, including:

• The right of a borrower to request a 180-day mortgage forbearance, and one 180-day extension;
• Borrowers can have their late fees waived as part of the forbearance agreement;
• Reporting late payments to credit bureaus is suspended; and
• Payment options that are more affordable once the forbearance period is over

The CARES Act is applicable to homeowners who have federally-backed loans insured by the Federal Housing Administration (FHA), as well as loans owned by Fannie Mae and Freddie Mac, Department of Veterans Affairs loans, and USDA loans provided by the Department of Agriculture.

Typically, borrowers requesting a forbearance have to gather a lot of documentation to prove their hardship. During the COVID-19 crisis, you do not need to have as much documentation. If your hardship was caused by the crisis, you are not required to gather any documentation to prove that fact. You will have to provide an oral or written statement stating that you are experiencing financial difficulty due to the pandemic. You should also retain any layoff notice you received, pay stubs indicating how much you earned prior to the crisis, and medical bills, in case you still need help with your mortgage once the forbearance agreement ends.

The CARES Act provides that missing payments will not have an effect on your credit score; however, you must do whatever you can to continue making your mortgage payments until the forbearance agreement is in place. If you do not, your lender will likely report the late or missed payment to the credit bureaus, and that will negatively affect your credit score in the future.

During the forbearance period, and particularly once it has expired, it is important to request and review a copy of your credit report. If you have an applicable mortgage and entered into a forbearance agreement but the lender still reported your missed payments, there are steps you can take to remove the missed payments so your credit score is not affected by them.

Do You Need a Forbearance Agreement? Call Our Florida Foreclosure Defense Lawyers

The coronavirus crisis has impacted millions of homeowners throughout the country, and right here in Florida as well. Regardless of whether you are eligible for forbearance under the CARES Act, or you need to take a different route, our Fort Lauderdale foreclosure defense attorneys at Loan Lawyers are here to help. We can walk you through the forbearance agreement process, communicate with your lender to give you a better chance of securing this type of agreement, and help you obtain the mortgage help you need. Call us today at (954) 523-HELP (4357) or contact us online to schedule a free consultation with one of our knowledgeable attorneys today.

Loan Lawyers has helped over 5,000 South Florida homeowners and consumers with their debt problems, we have saved over 2,000 homes from foreclosure, eliminated more than $100,000,000 in mortgage principal and consumer debt, and have recovered over $10,000,000 on behalf of our clients due to bank, loan servicer, and debt collector violations.  Contact us for a free consultation to see how we may be able to help you.

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What Happens When You Cannot Make Your Minimum Credit Card Payment?

It has been said time and time again that even if you cannot pay off the full balance on your credit card every month, you should at least try and make the minimum payment. If you cannot make this smaller payment, it counts as a missed payment and will hurt your credit score. However, many people cannot even make that minimum payment, particularly amid the COVID-19 crisis if they have lost their job, their business, or even have had their hours reduced.

In this situation, one of the worst aspects can be not knowing what will happen next. Below are a few things you can expect if you cannot make your minimum payment, and what you should do if that is the case.

You May Incur Late Fees

In the event that you miss your minimum payment for a full month, the creditor will likely charge you late fees. If you miss making the monthly payment for more than 30 days, the creditor will likely report the missed payment to the credit bureaus and they can also charge you a late fee up to $29. Even if you make that minimum payment but miss another minimum payment within six months, your creditor can charge you a late fee as high as $40. These late fees only put you further behind financially, but it is important to note that your creditor cannot charge a late fee that is higher than the total amount you owe.

Missing a Payment will Affect Your Credit Score

Some credit card companies, such as American Express, will not report a delinquent payment until you are over 60 days late, essentially when you have missed two late payments. In any case, if your credit card company does notify a credit reporting bureau, such as TransUnion or Equifax, it will lower your credit score. It will also remain on your credit report for as long as seven years, which means that it will take time to get your score back to the level it was at, and it will make it harder to obtain credit in the future.

You May Incur a Penalty Interest Rate

Missing even one payment on your credit card can increase your interest rate to the highest penalty rate. Credit card companies are allowed to apply the penalty annual percentage rate (APR) to your overall balance if you miss two consecutive payments and your account becomes delinquent. Although credit card companies are legally allowed to do this, they must also tell you the percentage of the penalty APR they will charge. They must also tell you how long they will impose that penalty rate. For example, they may apply the APR until you have made 12 consecutive on-time minimum payments. The APR your lender may charge you can be as high as 27.24 percent to 29.99 percent.

Making Payments Online vs. Through the Mail

Making a payment either online or through the mail can have an effect on whether late charges and higher interest rates apply. For example, if the payment is mailed in and the due date falls on a day when there is no postal service, such as a weekend, the payment is not considered late as long as the credit company receives it by the end of the day the next business day. Payments that are made online must be made by the end of the day, regardless of the date, or they are considered late.

What to Do if You Cannot Make Your Minimum Payment

If you cannot make your minimum payment, the worst thing you can do is ignore the situation. When you are only a few days late, you should make the payment as soon as possible, and definitely before the next billing period starts. Credit card companies typically only report late payments once you miss the payment for more than 30 days. Making the payment prior to that time can help you avoid the hit to your credit score, as well as the other negative impacts of missing your minimum payment.

When making even the minimum payment is impossible, you may want to first check the documentation and contract you entered into when you first got the card. Some cards, such as the Discover card and Citi Double Cash cards, automatically waive the first late fee as a perk to draw in more customers.

If the contract does not specify that the late fee is waived, you must call your credit card company. Explain the situation and why you cannot make the payment. Doing this before your minimum payment is due can be particularly beneficial. Also tell them when you will be able to make the payment, keeping in mind that the sooner you can do this, the more leniency your credit card company will give you. Make sure you also tell the credit card company that this is a one-time occurrence, particularly if you have not been late with a minimum payment before.

Many credit card companies are happy to work with their customers when they have missed, or are about to miss, a minimum payment. This is particularly true if you have had the credit card for several years and have not missed a payment, or several payments, in the past. You may be surprised to find that your credit card company will extend your due date, waive the late fee, and not report the missed payment to the credit card bureaus.

Missed More Than One Payment? Our Florida Debt Defense Lawyers Can Help

A credit card company is not going to file a lawsuit against you if you have only missed one or two payments. Unfortunately, if you have missed more than that, your creditor may take legal action. When that is the case, our Fort Lauderdale debt defense attorneys at Loan Lawyers can help. We know the defenses available in debt lawsuits, and how to use them effectively for your case. If a credit card company has filed a lawsuit against you, call us today at (954) 523-HELP (4357) or contact us online to schedule a free consultation.

Loan Lawyers has helped over 5,000 South Florida homeowners and consumers with their debt problems, we have saved over 2,000 homes from foreclosure, eliminated more than $100,000,000 in mortgage principal and consumer debt, and have recovered over $10,000,000 on behalf of our clients due to bank, loan servicer, and debt collector violations.  Contact us for a free consultation and find out more about our money-back guarantee on credit card debt buyer lawsuits, and how we may be able to help you.

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Steps to Take Throughout the Foreclosure Process

Although it is a process no one wants to go through, unfortunately, foreclosures happen all too often in Florida. The process is a stressful one for homeowners. Not only are they experiencing a lot of emotions at the thought of losing their home, but the process is also complex. While there are certain steps your lender must take before they can foreclose on your home, you should also take certain steps that can help you keep your home, or that will simply make the foreclosure process easier for you. Below are the main steps involved in any foreclosure in Florida, and the action you should take when the lender proceeds with them.

Default: Notice of Missed Payment

Before a lender can foreclose on a property in Florida, they must send you a notice of default. Lenders that fail to do this may provide you with a viable foreclosure defense because they have not met the proper conditions to proceed with the foreclosure. In many cases, a lender will send a notice after you are 30, 60, and 90 days overdue with your mortgage payments. Once you receive this notice, it is imperative that you speak with a foreclosure defense lawyer.

A concept that is unknown to many homeowners is acceleration. Acceleration allows a lender to treat your entire mortgage balance as due and payable after you have missed several payments. Therefore, if you have received a notice, you may have to pay the entire balance of your mortgage, or risk losing your home.

The most common mistake homeowners make is ignoring these notices. It is crucial that you respond to any notice, which is one way a lawyer can help you during the foreclosure process. The lender may have in-house procedures that can help you keep your home. From this point forward, you must also keep a record of everything, including when you speak to your lender about the notice and what was said during that conversation.

Served with a Lawsuit

Depending on your response to the default notice, and the willingness of your lender to work with you, the next step in the foreclosure process involves the lender serving you with a lawsuit. Like all lawsuits, this will begin with a Complaint and a Summons. The Complaint outlines the reason for the lawsuit, while the Summons informs you of your obligation to respond to the lawsuit. Again, many homeowners choose to ignore the Complaint and Summons, which will result in a default judgment being issued against you.

You may have as little as 20 days to respond to the lawsuit and it is imperative that you do. If you do not, a judge will assume that the allegations in the Complaint are true, which results in a default judgment. If a default judgment is issued against you, it will fast track the foreclosure process and you will have much fewer options. If you are not working with a foreclosure defense lawyer yet, it is extremely important that you speak with one now. Defendants who are represented by an attorney are treated much differently than those who are not, and a lawyer will provide you with the best chance possible to save your home.

Foreclosure Case Pending

Due to the fact that Florida is a judicial foreclosure state, your lender must follow Florida’s Rules of Civil Procedure to proceed with the foreclosure at this point. Under this set of laws, you are also entitled to examine the evidence the lender has against you, which can help with your foreclosure defense. If the lender did not follow the proper procedure when filing the lawsuit, your attorney may even file a Motion to Dismiss. A Motion to Dismiss can buy you more time, but it can also have a lawsuit against you completely dismissed by the court.

One of the first phases of any lawsuit is the discovery phase. During this phase, your attorney and your lender will exchange information pertaining to the case. This allows each side to see what information the other has and that they will use during the trial. If the lender does not believe that you have enough evidence to stop the foreclosure from proceeding, they may seek a summary judgment from the court. Again, if you are not working with a lawyer at this point, it is imperative that you speak to one now.

Foreclosure Case Set for Trial

If your lender does not obtain summary judgment and you have responded appropriately throughout the foreclosure process, your case will proceed to trial. There are many steps in a foreclosure trial, but your lender must prove that they are entitled to foreclose on the property by a preponderance of the evidence. To do this, they will present evidence and testimony to establish that they are the holder of the mortgage note, or that they have another right to foreclose on the home. Often, just one witness, usually a representative of the bank, is used to provide this testimony.

If the lender cannot present this evidence or does not file the lawsuit properly, you will win the lawsuit and can keep your home, at least for a little while longer. If the lender can appropriately prove their case, sadly the case will move to a foreclosure sale.

Pending Foreclosure Sale

Many borrowers at this stage do not think they have any options, but that is not true. Prior to a foreclosure sale, you can apply for bankruptcy, which may stall the sale, or stop it completely. In some instances, a foreclosure sale can also be canceled or rescheduled through other means, although this is rare and you should always speak to a lawyer about your options. If the sale proceeds and someone purchases your home, you will typically have a limited amount of time after the sale in which you must vacate the property.

Call Our Florida Foreclosure Defense Lawyers Today

The process of foreclosure always begins with a default notice, and it is important not to panic if you have already received one. At Loan Lawyers, our Fort Lauderdale foreclosure defense attorneys are here to help. We can guide you through the foreclosure process and provide the defense you need that can help you remain in your home. Call us today at (954) 523-HELP (4357) to arrange a free consultation with one of our lawyers and to learn more about how we can help.

Loan Lawyers has helped over 5,000 South Florida homeowners and consumers with their debt problems, we have saved over 2,000 homes from foreclosure, eliminated more than $100,000,000 in mortgage principal and consumer debt, and have recovered over $10,000,000 on behalf of our clients due to bank, loan servicer, and debt collector violations.  Contact us for a free consultation to see how we may be able to help you.

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Florida Suspends Foreclosures for Non-Payment as Lenders Ignore Federal Rules

It was in late March that the federal government froze foreclosures on FHA loans but, unfortunately, some lenders in Florida have chosen to ignore the order. In response to this, Governor Ron DeSantis signed an order that halted all foreclosures and residential evictions for reasons of non-payment for the next 45 days. The order includes any FHA loans protected by the federal order and any other foreclosure in the state of Florida.

However, there are caveats to the law, and homeowners and renters alike should understand what the order says so they understand their rights and obligations. It is also just as important that homeowners who were facing foreclosure before the coronavirus crisis, or fear facing it afterward, know how to bring their mortgage up to date before it is too late.

Governor DeSantis’ Order

Governor DeSantis signed the order halting all foreclosure proceedings on April 2, 2020. Given that the order freezes foreclosures and rental evictions for 45 days, this means that lenders cannot foreclose on a home until May 18, 2020. The decision came after many lawyers pointed out the fact that lenders were flouting the federal rules and proceeding with foreclosures on FHA loans even after the executive order was signed.

It is important that homeowners and renters alike understand that the order does not remove the obligation to pay rent and mortgage payments. It simply protects those that are facing foreclosure after being hit hard financially due to the coronavirus crisis. The order also does not freeze all foreclosures and evictions – it only halts those that are due to non-payment. In the case of foreclosures, that is good news, as non-payment is the most common reason homeowners face foreclosure.

A moratorium has also been placed on commercial foreclosures, but not evictions. This provides protection for business owners who own the building they operate out of, although it does not protect businesses that are renting their property from being evicted.

How to Catch Up on Your Mortgage Payments

Although the new federal and state rules protect homeowners from foreclosure, that protection is only for a limited time. Any homeowner who was facing foreclosure prior to the coronavirus crisis now has been given time to catch up on their mortgage payments so that they do not only avoid foreclosure now but also in the future as well. Below are the few ways to do it.

• Forbearance: A forbearance is simply an agreement between a borrower and a lender to temporarily suspend mortgage payments. A new payment plan is created in a manner that will eventually bring the mortgage up to date. When a borrower and lender can agree on a forbearance, the borrower has the obligation to make payments by the deadlines outlined in the agreement. The lender, on the other hand, agrees to waive their right to foreclosure until a certain time. Once the crisis has settled down and daily life starts to return to normal in Florida, lenders may be more agreeable to a forbearance. A great number of homeowners may be in fear of foreclosure and when that happens, it places a great strain on the lender’s resources to foreclose on all of them, so they may be more flexible with borrowers.
• Principal reduction: Many homeowners understand that the principal on their mortgage is the total amount they borrowed, without the interest rate being taken into consideration. Many of these same homeowners, though, do not realize that their lender may be willing to agree to a principal reduction. It is more cost-effective for the lender to agree to a principal reduction than to pursue a foreclosure, as the foreclosure process is very costly for lenders. If a home is underwater, meaning the homeowner owes more on the mortgage than the property is worth, the lender will likely be even more willing to reduce the principal owed on the loan.
• Lowering monthly payments: A homeowner’s mortgage payments often contain other payments that are all rolled into one amount. These payments include local taxes, private mortgage insurance, and property insurance. Sometimes lenders will lower these payments and, in some cases, borrowers are paying for things they no longer need. For example, borrowers who do not have at least 20 percent of a down payment at the time that they apply for their mortgage must purchase private mortgage insurance. When borrowers accrue at least 20 percent equity in their home, they can have that payment removed from their mortgage payment. That can dramatically lower a borrower’s mortgage payments.
• Refinancing: In some cases, it is also possible to refinance the mortgage loan. This requires the lender to agree to it but can help bring borrowers up to date with their mortgage, while also lowering their monthly payments, helping them to avoid foreclosure in the future.
• Reviewing the mortgage paperwork: There is a lot of paperwork involved with a mortgage, and the mortgage paperwork typically outlines what the lender is allowed to do and what they are prohibited from doing. Sometimes, simply reviewing this paperwork provides a solid defense when the borrower finds something in the documents that protects them from certain actions by the lender.
• Bankruptcy: Although a Chapter 7 bankruptcy will often not allow the person filing to keep their home, a Chapter 13 bankruptcy might. It is crucial, though, that anyone considering bankruptcy fully weighs the benefits and disadvantages it brings, because the effects are often long-term.

Many homeowners do not realize there are so many options that will allow them to keep their homes when they are facing foreclosures. Floridians should consider all of these while the moratorium has been placed on foreclosures, and speak with a lawyer who can help them determine which option is best to bring them up to date.

Our Florida Foreclosure Defense Lawyers can Help

Although a freeze has been placed on foreclosures in Florida now, it will not last forever. If you are in fear of foreclosure and need to talk to someone about your options, call our Fort Lauderdale foreclosure defense attorneys at Loan Lawyers today. We can review your paperwork, outline the defenses available for your case, and negotiate with your lender when necessary. Call us today at (954) 523-HELP (4357) or contact us online to arrange a free consultation.

Loan Lawyers has helped over 5,000 South Florida homeowners and consumers with their debt problems, we have saved over 2,000 homes from foreclosure, eliminated more than $100,000,000 in mortgage principal and consumer debt, and have recovered over $10,000,000 on behalf of our clients due to bank, loan servicer, and debt collector violations.  Contact us for a free consultation to see how we may be able to help you.

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Do You Need a Foreclosure Defense Lawyer?

Even though the federal and state governments have placed a freeze on certain foreclosures, with Governor DeSantis halting all foreclosure proceedings, some Florida homeowners are still in trouble. According to a new study, many Floridians will likely face foreclosure in the months after the coronavirus crisis has died down. Some of these homeowners should speak to a foreclosure defense lawyer, but this may not be appropriate for all homeowners. Below are the findings from the recent study, and an explanation of when you may need a foreclosure defense attorney.

The Study

A study conducted by ATTOM Data Solutions shows that Florida has one of the greatest at-risk housing markets for foreclosures, second only to New Jersey. Within Florida, there are also some countries that are more at risk than others. Charlotte County was ranked in the top 50 housing markets most at risk, ranking 48th in the country. According to the study, counties within the top 50 were most vulnerable. Homeowners in Manatee County are also at great risk, ranking 86th in the study, and Sarasota County ranked 130th. In total, ATTOM Data Solutions studied 483 counties throughout the United States.

ATTOM Data Solutions determined which counties were most at risk using the total number of housing units that received a foreclosure notice in the last quarter of 2019. The company also considered mortgage loans that were underwater, as well as the wages in the applicable counties that are necessary to pay for the expenses related to homeownership.

Homeowners who may face foreclosure in the coming months should know whether or not they should speak to a foreclosure defense lawyer.

When to Hire a Foreclosure Defense Lawyer

There are many instances in which homeowners should always speak to a foreclosure defense lawyer before proceedings go any further. These include:

• When you believe you have a defense to keep your home: Homeowners sometimes do not understand that there are many possible defenses to foreclosure. For example, the servicer may have not followed proper procedures, or they may have made a mistake with your account. Or, the lender that is trying to foreclose may not be able to prove that they have good standing to foreclose. In other words, they may not be able to prove that they own your loan. These defenses require you to make a legal argument and respond to a lawsuit. A foreclosure defense lawyer will be very familiar with these procedures.
• You are in the military: Under the Servicemembers Civil Relief Act, members of the military have special protections against foreclosures. This Act is very extensive and complex for those who are unfamiliar with it. A lawyer can explain the law and ensure that the servicer is complying with them.
• The lender or service is dual tracking: Dual tracking is a term that refers to when a servicer or lender proceeds with foreclosure even though an application to stop the foreclosure is pending. Dual tracking is against the law, so it is important that you speak to a lawyer as soon as possible once you find it is happening. An attorney can provide advice on whether the servicer or lender is breaking the law, and can stop the foreclosure proceedings when they are. It is important to do this before your home is foreclosed on, as it is very difficult to get a home back after the fact.

Although these scenarios may seem as though it is always good to speak to a foreclosure lawyer, there are some instances in which this may not be necessary.

When a Foreclosure Defense Lawyer May Not be Necessary

In most cases, homeowners should always speak to a foreclosure defense lawyer as soon as a lender starts foreclosure proceedings. However, if you are in any of the situations below, you may not need an attorney.

• You only want to keep the home during foreclosure: If you only want to live in the home until the foreclosure process is over, you may not need to speak to an attorney. Legally, you will still own the home until the home is sold at a foreclosure sale and the new owner gets the title to the property. Up until that point, you can remain in the home for free. It is important to remember that even in this situation if the servicer tries to change the locks or remove your personal property in an effort to preserve the property, you should speak to a lawyer.
• You have already spoken to the lender about alternatives to foreclosure: If you have already asked your lender for a loan modification, refinancing, or another alternative to foreclosure and the process is not over, the lender or servicer cannot move forward with foreclosure proceedings. Again, this is dual tracking and after notifying them that they are breaking the law, they should stop the foreclosure process.
• You do not believe you have a defense: Although there are many defenses to foreclosure, they do not apply to all situations. If you have not made payments on your home, you do not intend to start making payments again, and you believe the servicer has complied with the laws, you likely do not need to speak to a lawyer.
• You do not want to keep the home: Sometimes, homeowners do not realize that they actually cannot afford the home, and they do not want to attempt other solutions until foreclosure proceedings have begun. If this is the case for you, it may be best to let foreclosure proceedings continue without speaking to a lawyer.

Even when these situations apply, it is still sometimes worthwhile to speak to an attorney unless you are certain that you do not want to keep the home. You may have a valid foreclosure defense that you do not know about.

Our Florida Foreclosure Defense Lawyers can Help

It is never easy going through foreclosure proceedings, even if you are okay with giving up the home. At Loan Lawyers, our Fort Lauderdale foreclosure lawyers can help. We know the defenses that may allow you to remain in your home and can negotiate with the lender to come up with a suitable payment plan. When you need help, call us at (954) 523-HELP (4357) or contact us online to schedule a free consultation and to learn more about how we can help.

Loan Lawyers has helped over 5,000 South Florida homeowners and consumers with their debt problems, we have saved over 2,000 homes from foreclosure, eliminated more than $100,000,000 in mortgage principal and consumer debt, and have recovered over $10,000,000 on behalf of our clients due to bank, loan servicer, and debt collector violations.  Contact us for a free consultation to see how we may be able to help you.

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