Keeplivinginyourhome.com was created by Farid Dallal who has been in the finance industry for more than 15 years helping homeowners. We are consumer and homeowner advocates that will protect you and your home. Keeplivinginyourhome.com was established to focus on real estate matters that include debt negotiation, predatory lending violations and settlements. Our primary mission is to provide our clients with proper legal advice and share our knowledge and expertise in the areas of real estate transactions, mortgage negotiations, loan modifications and debt settlement. We are here to help stop foreclosures and fight mortgage fraud. In addition, we would like to assist in mitigating losses in the hard hit financial sector and restore stability to our banking industry. With our state of the art technology and professional network of Attorneys, paralegals, former bank underwriters, compliance officers, asset managers and real estate brokers we have the experience necessary to achieve the most dynamic resolutions available and help stop foreclosure in this troubled market, fast and effectively.
There simply is not one right solution for everyone, and no one can tell you what is right for you without thoroughly analyzing your financial situation, loan documents and legal rights. We understand the mortgage industry from years of experience and will use leverage to negotiate, not just submit a loan modification request that may be denied or ignored by your lender. If you are facing financial hardship and behind on your mortgage and or credit card payments you may need to file bankruptcy to help stop foreclosure and protect your home. Filing bankruptcy is normally not recommended unless found necessary to help avoid foreclosure and save your home. In most cases we can contact your lender and get them to delay the foreclosure process without filing bankruptcy so we can negotiate a "win win" resolution for both sides. Foreclosure is very costly for lenders, so in certain instances a deed in lieu, "cash for keys" or "walk away" may be the right solution to keep a foreclosure off your credit report.
A few possible solutions include: a loan modification or restructuring of your current loan to lower your mortgage payments, a recapitalization and a principal balance reduction, a rescission of your current loan (up to 3 years) or a lawsuit against the mortgage company for predatory lending violations if found by a forensic loan document audit.
Attorneys on staff in addition to real estate experts have extensive knowledge of this industry so all options can be fully explored. We will review your documents and demand compliance. We will evaluate your current financial situation and find you a realistic legal solution which meets your short and long term objectives.
If the property has become too much of a burden, there are always options which can allow a borrower to just "walk away" from the bad investment without it affecting their financial future through judgments, wage garnishments, bank levies, etc. Frequently this can be achieved through a deed in lieu of foreclosure or, alternatively, a short sale of the property. A hard money bad credit mortgage or FHA secure loan is sometimes an option and Bankruptcy is usually a last resort to protect your assets. For many clients, that means keeping them in their home at any cost, for others it means eliminating the burden of unaffordable debt and mortgage payments. Our relationships with mortgage lenders and loan servicing companies allows us to bypass overwhelmed loss mitigation personal and negotiate directly with asset and portfolio managers and your lenders legal department. We strive to achieve fast positive results for both sides. We have extensive backgrounds and are specifically trained in the intricacies of real estate, mortgage and debt negotiation and also provide FHA and conventional financing.
Our best tool to negotiate with mortgage companies is the Truth in Lending Act (TILA) and the Real Estate Settlement Procedures Act (RESPA). State and Federal law require mortgage companies to follow these guidelines when originating home loans. Many mortgage loans have these TILA and/or RESPA violations which can and will be used as leverage when negotiating a favorable settlement for our clients. The law must be followed and failure to do so can result in significant damages your lender. So, naturally, they will be very amicable to working your loan out to more affordable terms to avoid costly litigation. The first thing we will do is request your signed loan documents from your current lender(s) and conduct a forensic audit here in our office.
Many of the home loans provided by brokers and lenders over the last few years have unexplainable fees and charges or were manipulated to qualify. Subprime mortgages with nasty adjustments and pre-payment penalties or Option ARM loans with minimum payment options which allowed borrowers to differ interest to a point where the loan recasts and forces the borrower into hardship by paying a much higher (unaffordable) mortgage payment. In most cases refinancing is not an option due to declining property value or debt to income ratios. We can resolve these issues fast and efficiently so you don't to lose your home to foreclosure. Helping stop foreclosure and restoring financial stability for our clients and lenders is important to economic growth and the future of our country. The American dream is home ownership and our goal is to help both home owners and lenders and restore performance to home loans facing default or foreclosure.
If the creditor fails to properly provide notice of this right to cancel, the right of rescission may be extended for up to three years. When the right is extended for three years you can rescind the loan at any time before three years, meaning that the loan is treated as if it never existed. Essentially, you become entitled to all profits made by the creditor as a result of this loan. This means that the creditor must refund all interest paid, all closing fees, all broker fees, and even pay for your attorney fees. As you can imagine, this amount can be quite significant.
The extended right of rescission is a powerful tool to help borrowers who have been victims of predatory lending, and helping our clients exercise this right is often the first step in holding a creditor responsible for illegal behavior. Remember, we are Industry Experts and get results. Mortgage and loan servicing companies do not want your home and most will work diligently with a Law Office to avoid foreclosure and end the foreclosure process. Litigating mortgage fraud and predatory lending cases can become costly for both sides and should be avoided unless the lender will not comply or there are significant damages to the borrower. Our clients retain us to make a best effort at resolving their hardship and fight for their rights. In most cases this can be done without costly litigation by using existing relationships to find an amicable resolution to stop foreclosures.
Loss Mitigation is a fairly new industry and as such it is not very tightly regulated. This has led to a notable number of unethical companies purporting to provide Loss Mitigation, Loan Modification and stop foreclosure services. Homeowners should be aware that such companies do exist and are advised to avoid companies that offer 100% Guarantees or are not attorney-backed where the Attorney is available. Ask to speak to their Attorney and see he has the experience necessary. There have been several Loan Modification companies advertising "Attorney backed", "Attorney assisted" or "Attorney based" loan modification services. These Attorneys are not your Attorney and these companies should not mislead you or misrepresent the fact that they are a Law Office and have the ability to invoke your legal rights. In most cases these companies can only obtain an unaffordable forbearance agreement from your lender. If you are approached by a loan mod or loan modification company to help negotiate your mortgage or stop foreclosure please be careful as to not fall victim and research them carefully. Ask to speak with an Attorney as these companies may take upfront monies that a portion is refundable and there are no guaranteed results. Having examples or testimonials from past clients on websites are normal marketing strategies and should not be found as reliable sources. Make sure they have a approved contract on file with the state they are licensed in and are in good standing. Do not trust just anyone with your complex situation. An Attorney can offer you reliable free advice and assist you in stopping foreclosure and making the right financial decision. Know your rights!
"Attorney based" Loan Modification Companies are not Law Offices and should not be offering legal advice to homeowners facing foreclosure or other financial hardship. Mortgage companies have become much more aggressive in pursuing borrowers for mortgage fraud, if you made overly "optimistic" representations on your loan documents and are now facing foreclosure, it is imperative that you have representation through the foreclosure process for your own protection.
You do not want submit all your personal information to a lender without being reviewed by an Attorney for the best result. In addition, an experienced Attorney can evaluate your case prior to contacting your lender and review your modification agreement to see that you are receiving proper treatment and a long term financial solution. Most modifications offered by mortgage lenders and loan servicing companies are forbearance agreements and are not a true modification to the terms of your mortgage. These type of agreements are normally unaffordable and home owners facing foreclosure should consult with a Attorney and fully understand the terms and ramifications before signing any of these documents.