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Deepsepia
06-13-2011, 02:43 PM
still a nightmare. It seems to me that the time from first missed payment to foreclosure sale is increasing . . .


NEW YORK (CNNMoney) -- Charles and Jill Segal have not made a mortgage payment in nearly five years -- but they continue to live in their five-bedroom West Palm Beach, Fla. home.

Lynn, from St. Petersburg, Fla., has been living without paying for three years.

In Thousand Oaks, Calif., an actor has missed 30 payments, and still, he has not lost his home.

They're not alone.

Some 4.2 million mortgage borrowers are either seriously delinquent or have had their cases referred to lawyers to pursue foreclosure auctions, according to LPS Applied Analytics. Of those, two-thirds have made no payments at all for at least a year, and nearly one-third have gone more than two years.

These cases can go on and on. Nationwide, it takes an average of 565 days to foreclose on borrowers in default from their first missed payments to the final auction. In New York, the average is 800 days and in Florida, where the "robo-signing" issue is particularly combative, it's 807.

If they want to fight evictions hard, borrowers can remain in their homes even longer while their cases are being worked through.

The Segals have been doing that -- in court. They bought their home in 2003 with an adjustable rate mortgage. After a few years, their monthly payments tripled to $3,000, just as their home-inspection business was cratering.

The Segals want the bank to modify the mortgage so payments are affordable, and they think the court will agree that their lender put them into a toxic loan.

"The evidence will show that we were defrauded," said Jill Segal.

If they lose, of course, they'll finally have to leave. And, unfortunately, more than 50 months of missed mortgage payments hasn't translated into big savings.

"It's very hard to save," said Jill Segal. "Our company's billing is 90% off and my husband is only working about four days a week."

Lynn, who didn't want her last name used, purchased a two-bedroom on Tampa Bay in 1998 for $135,000.

As the waterfront property's value skyrocketed, eventually reaching $750,000, she refinanced twice (once to expand a business), and took out a second mortgage. She now owes more than $600,000 on the home, which is worth only $235,000.

Living in this foreclosure limbo is "Hell," Lynn said. "I feel like I'm locked in a box. I work for a financial organization and if this came out, it could cost me my job."

She's still hoping to negotiate the loan. In the meantime, small things bother her. "A couple years ago, I lost my dog and I can't decide on getting a new one," she said. If she has to move, she can't be sure she'll go somewhere that allows pets.

The actor from Thousand Oaks, Calif. began having problems during the screenwriters' strike in late 2007, followed by a threat of a strike by the Screen Actors Guild.

He's working with his lender toward a mortgage modification, submitting page after page of documents, which the bank has often misplaced or waited so long to examine them that they had grown too old to use.

His ideal outcome is get the loan modified and get all his late fees waived. He feels entitled to that because the bank advised him to stopped paying in the first place to qualify for one of the government's foreclosure programs. Before that, he had missed only one payment.

Meanwhile, he has cobbled together some income streams -- small acting parts, teaching acting classes and even handyman work.

"In a way, I feel like I'm lucky because I haven't had to pay any 'rent' for 30 months," he said.

But he feels like he's always under a cloud. "I haven't slept in three years," he said. "It's terrifying. I have to have the ultimate poker face in front of my kids."

Ruben Martinez, a Staten Island, N.Y., man trapped in a particularly bad adjustable rate mortgage, stopped paying more than three years ago. His attorney, Robert Brown, has managed to stave off one foreclosure.

Martinez, still struggling to find work, has little in savings despite the missed payments. He's earning some income as a pastor and consulting for a non-profit family counseling organization.

"There's pressure on me every day," he said. "I have a wife, three daughters and two grandchildren. Where are we going to live?"

um . . . a "rental" maybe?

Teh One Who Knocks
06-13-2011, 02:52 PM
:|

Acid Trip
06-13-2011, 04:59 PM
The Segals have been doing that -- in court. They bought their home in 2003 with an adjustable rate mortgage. After a few years, their monthly payments tripled to $3,000, just as their home-inspection business was cratering.

The Segals want the bank to modify the mortgage so payments are affordable, and they think the court will agree that their lender put them into a toxic loan.

"The evidence will show that we were defrauded," said Jill Segal.

I'd love to know how they were defrauded. It's an ADJUSTABLE RATE loan and it ADJUSTED. If you couldn't afford the loan at any rate other than the initial you should have gotten a FIXED RATE. Stupidity on the part of the borrower is not the banks fault.

PorkChopSandwiches
06-13-2011, 05:04 PM
wtf!

Teh One Who Knocks
06-13-2011, 05:06 PM
I'd love to know how they were defrauded. It's an ADJUSTABLE RATE loan and it ADJUSTED. If you couldn't afford the loan at any rate other than the initial you should have gotten a FIXED RATE. Stupidity on the part of the borrower is not the banks fault.

Exactly....I hate how they are all trying to play that card, that somehow the bank defrauded them, especially when they knew (even though they all swear they had no idea) that they were buying a house that there was no way in hell they could afford. And to make matters worse, no one put a gun to their had to make them sign for the mortgage and they were free to take it to a lawyer and have it looked at too. No personal responsibility at all.

PorkChopSandwiches
06-13-2011, 05:11 PM
It was "shady" lending practices. I would bet probably 80% (made up figure) of people, don't understand how interest works. So you have these people who want a house, a silver tongued lender and a booming housing market. They were leading people to believe that these loans would be fine, since you will be earning all this equity. Which sounds great to the uninformed buyer.

Now, I'm not defending them, I believe in buyer beware. But, I can see why people who didn't understand the concept in the first place could feel as if the were duped. But, its there fuckin fault at the end of the day.

Teh One Who Knocks
06-13-2011, 05:22 PM
I don't care how silver tongued the lender was, if you are trying to buy a $500K house when you have a combined income of $100K annually, then it's completely the buyer's fault. And as I said, all these people were free to take the mortgage documents and have them looked over by their lawyer or accountant or anyone for that matter.

You know what? If I move into an apartment I can't afford, I don't get to live there for free for 30+ months, so neither should these morons.

Muddy
06-13-2011, 05:51 PM
These people knew exactly what the rate would jump to... They are using the system to their advantage... All this shit is disclosed at closing..

AND with lending rates at the LOWEST they have EVER been... There is no excuse not to refinance.

Teh One Who Knocks
06-13-2011, 05:54 PM
These people knew exactly what the rate would jump to... They are using the system to their advantage... All this shit is disclosed at closing..

AND with lending rates at the LOWEST they have EVER been... There is no excuse not to refinance.

:thumbsup:

PorkChopSandwiches
06-13-2011, 05:56 PM
Low interests rates don't do you any good, if you are massively upside down on the home value

Again, I agree. Its their own fault. I'm just sayin'

Muddy
06-13-2011, 05:58 PM
Low interests rates don't do you any good, if you are massively upside down on the home value

Again, I agree. Its their own fault. I'm just sayin'

What the fricks that got to do with the price of tea in China...? These people knew the purchase price when they went in... Most of them prolly did an interest only 7:1 arm loan or something like that hoping the thing would go up in value and they could sell the thing and make a 100k profit... They took a risk and they lost... Can't everyone be a millionaire... Now, Pay up SUCKAS!!

PorkChopSandwiches
06-13-2011, 06:02 PM
All Im saying is your comment about low interest rates does them no good if they don't have at least 20% equity. Most these people probably have close to -100% equity.

Muddy
06-13-2011, 06:04 PM
true, didnt think of the refi equity requirements..

PorkChopSandwiches
06-13-2011, 06:06 PM
These guys could have banked the money from not paying the mortgage for the last 5 years and almost been through the 7 years that the bankruptcy takes to clear off of your credit. Then had a nice down payment for a new place.

Teh One Who Knocks
06-13-2011, 06:09 PM
These guys could have banked the money from not paying the mortgage for the last 5 years and almost been through the 7 years that the bankruptcy takes to clear off of your credit. Then had a nice down payment for a new place.

Which makes this situation even more infuriating because you know damn well these people aren't saving a dime of the money that should be going to their mortgage.

PorkChopSandwiches
06-13-2011, 06:15 PM
Which makes this situation even more infuriating because you know damn well these people aren't saving a dime of the money that should be going to their mortgage.

Of course not, that would mean they had a clue in the first place.

Muddy
06-13-2011, 06:15 PM
They waiting for a bail out...

PorkChopSandwiches
06-13-2011, 06:18 PM
5 years of free rent seems like a bailout all ready.

Muddy
06-13-2011, 06:19 PM
That's $66,000 for me.

PorkChopSandwiches
06-13-2011, 06:23 PM
I would be in that area as well, thats a nice down :tup:

AntZ
06-13-2011, 06:25 PM
Notice how you need a license for EVERYTHING in this world, like fishing, guns, and driving ,but the two most important things an adult can do is buy a house and bring children into the world and don't even need a third grade education! I say everyone, from now on, MUST take a special independent training class paid for by all lenders! Once you pass, they attach your certificate to your loan as proof!

Teh One Who Knocks
06-13-2011, 06:25 PM
5 years of free rent seems like a bailout all ready.

Exactly

So I get penalized because I live within my means and live in an apartment where I pay my rent every month....on time :roll:

Muddy
06-13-2011, 06:29 PM
You get penalized Lance because the man is trying hold you down...

Teh One Who Knocks
06-13-2011, 06:31 PM
And they wonder why there are militias :|

Deepsepia
06-13-2011, 06:54 PM
So I get penalized because I live within my means and live in an apartment where I pay my rent every month....on time :roll:

Yes, that's pretty much the way it goes.


Notice how you need a license for EVERYTHING in this world, like fishing, guns, and driving ,but the two most important things an adult can do is buy a house and bring children into the world and don't even need a third grade education! I say everyone, from now on, MUST take a special independent training class paid for by all lenders! Once you pass, they attach your certificate to your loan as proof!

Laughing. There are things where you have to provide "proof of financial responsibility", but we've actually done just the opposite with housing. The banks, the mortgage brokers, the appraisers, the realtors -- they're all licensed for all the good that did. They're far more to blame than the borrowers-- put it this way, how many houses do most people buy at a time? One. But realtors, mortgage brokers, bankers-- they're processing hundreds a year, they're the folks who really did fan the flames on this, and they knew far better than the homeowners how lousy the credit was.

There's a very simple way to avoid this crap: don't guaranty people's mortgages. If they have to get them on the strength of their own credit, you'd weed out a lot (but not all by any means) of the people who shouldn't be getting loans to buy houses they can't afford.

The basic problem is that the lenders got paid for making loans, and the losses were something to think about "later"-- not surprisingly, "later" a lot of the loans turned out lousy.

Acid Trip
06-13-2011, 07:27 PM
So I get the fact these people aren't paying their mortgage, but what about the property taxes they owe? Not paying those really hurts the local economy (roads, schools, etc).

Deepsepia
06-13-2011, 08:04 PM
So I get the fact these people aren't paying their mortgage, but what about the property taxes they owe? Not paying those really hurts the local economy (roads, schools, etc).

You got it. They're not paying these either. Sometimes the lender pays them -- when a property closes, they usually escrow a year's property taxes (different between the states).

I think for the bank to get clean title in the foreclosure, they have to pay the back property taxes . . . but if it takes five years to get to that point, then no, no property taxes would have been paid in that period.