Posted On: March 26, 2009

Dellutri Law Group Adds Mortgage Foreclosure Defense Video to Website

The Dellutri Law Group recently updated the website by adding a mortgage modification video to the website. Actually, it is a commercial that we shot but never ran because we did not need to run the commercial. We are being referred cases from clients, attorneys and people in the industry.

Additionally, there are 5 new bankruptcy videos as well in our media section. Please feel free to review them as well.

The video can be found in the media section of the website. The media section is found on the lower right hand section of the homepage.

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Posted On: March 7, 2009

Sarasota Civil Court Changes Mortgage Foreclosure Procedure

The Chief Judge of the 12th Judicial Circuit has issued an Emergency Administrative Order which suspends all telephonic hearings in Sarasota County and Manatee County mortgage foreclosure cases. This order goes into effect on March 9, 2009. The order also requires attorneys for the mortgage foreclosure company and the Defendant(s), if they have one, to appear in person for all hearings, including the Summary Judgment hearing.

Believe it or not, this creates a hardship on the mortgage foreclosure attorneys. They will now have to hire local counsel to attend these hearings. No longer can they sit back in their offices and let their fingers do the walking. Likewise, it gives the Judge the opportunity to really see what is going on in the case, and he or she will have a chance to question counsel about anything the Judge sees.

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Posted On: March 5, 2009

Finally Some Potential Help for Lee County Homeowners Through the Bankruptcy Court

As you probably can tell from my previous posts, I am skeptical about the benefits of the new housing plan for Southwest Florida Residents. However, there may be real assistance on the horizon. The House of Representatives tonight passed meaningful legislation that may offer assistance to homeowners faced with high payments and low home values.

The legislation, that now faces scrutiny in the Senate, would allow borrowers to “cram down” their mortgage to reasonable payments and allow them to begin building equity in what is considered to be most people’s biggest asset. Individuals will be also be able to alleviate overwhelming debt that has resulted from using credit cards while trying to survive during these troubled economic times.

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Posted On: March 5, 2009

Quick Thoughts About The New Homeowners Assistance Program

Sarasota, Port Charlotte, Fort Myers, Cape Coral and Naples residents are being misled by the Obama Administration's Homeowners Assistance Program.

“Those that forget history are doomed to repeat it.”- Aristotle

-The government's new program to help homeowners creates an adjustable rate modification that starts with a low interest rate and then raises at the end of the modification period. Didn't adjustable rate mortgages help create this mess.

-Servicers who have constantly told homeowners that they have to be behind on their mortgage before they can help them and then ignore homeowners requests for help for weeks or months, get paid by the government to modify a loan despite the fact that they have not spent any money funding the loans .

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Posted On: March 5, 2009

Lee County To See Little Relief From "Making Homes Affordable" Program

As a Consumer Bankruptcy Attorney in Naples and Fort Myers, I see things happening which make no sense. While reviewing the various articles written about the "new" program announced to help homeowners, I came across the following hypothetical situation in the Wall Street Journal. The hypothetical sets forth the following scenario of how the bill would help the homeowner. If your loan is $225,000 at a 6.5% interest rate, the homeowner's payment would drop about $495, by lowering the interest rate to 2.73%. At the end of a 5 year period, after the lender receives federal subsidies, the principal balance would be $193,000. This sounds like a great deal until you apply the hypothetical to the Lee County housing market.

The problem facing Lee County homeowners is that the $225,000 dollar loan is for a house that is currently worth less and in most cases significantly less. For example if the house were worth $150,000, at the end of the five year period the house would still be worth less than what is owed on the loan, by perhaps as much as $40,000. (Even if housing prices stop their steep decline and start to recover the homeowner is still facing a deficit of about $20,000). Leaving the homeowner still unable to sell their home for what it is worth, while at the same time increasing the interest rate at the expiration of the five year period.

This new program allows the suffering homeowners the right to rent their own home while paying the costs for property taxes and insurance, only to be left with the same predicament of owning a home they cannot sell for what it is worth. Is this really homeowner relief or assistance?

This post was submitted by David Lampley, Esq. attorney for The Dellutri Law Group, P.A. Currently, the firm has offices in Port Charlotte, Fort Myers, Naples and Sarasota. Mr. Lampley is currently serving as co-chair of the Lee County Foreclosure Relief Task Force. Mr. Lampley also writes for the firm's bankruptcy blog.

Posted On: March 5, 2009

Obama's Housing Plan Puts Band Aid on Lee County's Broken Arm

President Obama released his plan to help the mortgage foreclosure crises. He calls it a housing plan. At the Dellutri Law Group, our team of consumer attorneys are analyzing this plan. Our initial evaluation is that it will NOT be adequate to help Southwest Florida in any meaningful manner. The News-press is reporting that the plan will help 34,000 residents in Southwest Florida.

The only meaningful modification will be if President Obama signs into law the Helping Families Save Their Homes in Bankruptcy Act 2009. This legislation will allow individuals to not only lower their mortgages, but also, reduce all of their debts.

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