Posts Tagged ‘Bronx Construction Accident Lawyer’

Homeowners Refinancing to Shorter Terms

Wednesday, August 25th, 2010

Cited: MSNBC

refinanceSales executive Ren Chirakos did not need his new MBA degree after he was blindsided by law job loss/brain to calculate the scary numbers because the math was extremely easy to calculate. A house payment + new COBRA bills + $0 income = budget problems. The Chirakos family was in a bad financial situation. The answer was simple, refinance their 30-year home loan to a shorter-term mortgage with a lower interest rate, which is the latest trend in mortgages.

“I needed to keep my house,” said Chirakos, who since has found work at a different company in Cuyahoga Falls, Ohio. His wife is a stay-home mom who cares for their two daughters. “It forces you to look at ‘OK, where is our money going?’ You start looking for ways to shave fixed expenses. It really gives you cause to think.”

Chirakos was paying 5.375% on a 30-year loan before he became a victim of downsizing at toolmaker Snap-on Inc. As rates sank and slipped over the summer, he watched and waited. Then he pounced, locking in a 20-year, fixed-rate loan at 4.3% and slashing $140 off the monthly bill for his $220,000 home. With excellent credit and little debt, the re-fi cost him $900, so will pay for itself in about six months. “Every little bit helps,” he said.

For many refinancing homeowners, going shorter is suddenly more appealing. Fixed mortgages of 15 and 20 years are quickly gaining fans among those who previously held 30-year loans, balloon mortgages and adjustable rates, according to a new report from mortgage giant Freddie Mac. The number of fixed-rate, 15-20-year loans, is at their highest level since 2004, the government-controlled company said.

“The psychology of the recession” is simply altering how many Americans look at home ownership, said Jason Biro, author of “Saving Your American Dream: How to Secure a Safe Mortgage, Protect Your Home, and Improve Your Financial Future.”

During the real estate boom, thousands of consumers bought and sold homes every few years, cashing in their fast-built equity to upgrade in size or neighborhood. But since the housing bust, many of those owners have found themselves strapped with lower-valued houses and unaffordable mortgage payments. For generations before the boom, people had viewed their homes as stable, long-term investments — safe places for their money, and safe places to stay for a while.

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“We’re seeing a return to that thinking — although it’s what I call a forced return,” said Biro, a 14-year veteran of the real estate and lending business. “With home values plummeting, you would think people would shy away from putting more money into their homes. But homeowners see they won’t be able to sell or move any time soon. The economy is shaky. In this respect, they’ve been forced to re-evaluate what owning a home is really about: the long term.”

Who should consider swapping their fixed, 30-year loan for a shorter variety?

Let’s start with who should not. This strategy is probably not best, Biro said, for homeowners in “financial distress” — those without stable jobs, good credit or cash in the bank. (Chirakos was an exception because he had no credit-card debt, no car payments and some home equity).

Homeowners with discretionary money — those who can afford to absorb a slightly higher monthly mortgage payment — are ideal candidates, several lending experts said. A minority of refinancers, like Chirakos, can assemble shorter-term mortgage deals that actually trim their monthly payments or leave them unchanged. Those outcomes are more apt to accompany 20-year loans. Typically, switching from a 30- to a 15-year mortgage brings at least a small bump in payments.

Even so, some owners are choosing to refinance to a shorter term even if it means paying a bit more. Blame the financial fright of hard times — and re-embracing old-school values. “There has been a shift in sentiment to pay down personal debt involving mortgages faster,” said Todd Huettner, president of Denver-based Huettner Capital, a real estate mortgage brokerage.

Readers, are you working more than one job?

Consider these side-by-side comparisons. For a $200,000 mortgage, a 30-year loan fixed at 4.5% carries a monthly principal and interest payment of $1,013 a month. Over the life of the loan the homeowner will pay $164,813 in interest. For the same mortgage, a 15-year loan at all .5% costs $1,530 a month ($517 more), but over the life of the loan the homeowner will pay $75,397 in interest, for a savings of $89,416.

And with rates dropping repeatedly in recent months, qualified owners might be able to refinance for 15 years at 4%, for a monthly payment of $1,479.

“Many people are much more motivated to gain the long-term savings even if they must pay more each month,” Huettner said.

“These homeowners see that money they could typically put into an interest-bearing savings account or a CD is not making a decent return,” Biro added. “And they’re wary of putting money into the stock market. … They are keeping their money close to home, literally. … By paying their home off sooner, many people feel they will be able to weather an impending storm.”

What’s more, the fees attached to shorter-term, fixed loans “are negligible” compared with those that come with 30-year mortgages, said Edward Mermelstein, a real estate attorney and co-founder of Rheem Bell & Mermelstein, a real estate law firm with offices in New York and Moscow.

“As long as the rates continue to stay as low as they are, it should continue to make sense to go after the 15-year term,” Mermelstein said. “It makes sense to pay down the loan at the highest price you can.”

Huettner warns, however, that if your budget is a bit squeezed by current bills, a 15-year mortgage may be too risky. “Don’t try to force yourself into a 15-year-loan,” he said.

Other brokers caution their clients to avoid shorter-term, fixed loans all together.

Owners who simply crave to pay off their mortgages sooner may be missing one vital wallet reality: “They lose all flexibility with their largest liability,” said Jon Prettyman, a senior broker at the Columbia, Md., branch of Waterstone Mortgage Corp. “Right now, all money is cheap. Fixed and ARM products are as low as 3%. The people that have the ability to pay the larger payment are doing so because it is cheap” from a long-term interest perspective.

But, Prettyman contends, “the consumer would be better off taking the 30-year and saving the difference in payment from the 15-year. … What happens when the kids need money for school? Many people are so worried about paying the bank back that they forget to give themselves the cash cushion they need to remain flexible in this strenuous market.”

Prettyman stated that short-term mortgages simply “help the banks get their money quicker. Granted, it is slightly cheaper. That money would be so much better in the family bank account. We, as taxpayers, have given these banks enough. Let’s line our pockets as consumers or a while and see if we can get the homeowner back in the black.”

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My Take: It seems to be a situation of whether your income can handle a 15-year mortgage or not. I do agree that most people would not be able to handle it because the economy right now. I would suppose that it would also depend on whether you are having a house built or if you were buying a house that is already built.

If you are having one built, you need to be careful because things can happen during construction that may cost you. If there is an accident on the worksite, you might need to contact Bronx construction accident lawyer to see if you’re liable or if the contractor is liable. If you are buying an already built house, you would need to be concerned about the construction problems.

You do need to consider your bills, besides the mortgage, they are the biggest expense you have. You have your utilities, credit cards (possibly), car payment and if you have children, childcare. Of course, were childcare is concerned, you may want to search for cheaper daycare centers. You can find child care on the Internet in your area fairly easily.

You also would need to make sure you have enough money to set aside for emergencies such as a car accident. You would need to pay for your car repairs or get a new car. It wasn’t your fault you would need to contact the New York City car accidents lawyer to recoup your losses. Or you could have something happen to the house, like a tree falling in on the roof. Your homeowners insurance may not cover all of it.

One expense that many people can’t afford is maid services MD. If you’re lucky enough to be able afford MD home cleaning, need to make sure that you set aside enough to cover it. There are probably a lot of other expenses that I can think of, but need to make sure you have a complete list of all of your expenses and a list of possible emergency expense before you decide to change mortgage. This will allow you to figure out if you can change your mortgage to a short term.

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Consumers Charge Price Inflation Scheme in Lawsuit

Tuesday, December 8th, 2009

Cited: Reality Times

houston-1A class-action suit that was filed by a Texas homeowner in Los Angeles recently that alleges three companies conspired to rig housing prices in Texas and Colorado that cost home buyers millions of dollars and provided dangerous loans to homeowners. The lawsuit charges that a national price inflation scheme was developed by KB Home, Countrywide Financial and LandSafe Appraisal Services to defraud consumers.

The suit, filed yesterday in U.S. District Court in Los Angeles, claims the three companies employed a well-planned scheme to control the typically independent appraisal process, jacking up home values, which, in turn, were used to determine the value of other homes sold by KB, affecting thousands of homeowners.

The suit claims KB Home targeted homeowners throughout Texas and Colorado with the scheme. The complaint states between 2006 and 2008 more than 19,000 homes were delivered to the area. At an average price of $167,533 a home, and conservatively assuming an average inflated appraisal of $20,000 per home, that amounts to almost $300 million in inflated contract prices, the suit states.

The homebuilder has a significant presence in Texas with 17 communities in the Austin area, 10 communities in the Dallas area, 16 communities around San Antonio and 24 communities in Houston, the suit states.

This is the fourth lawsuit Hagens Berman Sobol Shapiro (HBSS) has filed against KB Home, Countrywide and LandSafe alleging a national inflation scheme to defraud consumers. The other lawsuits represent homeowners in California, Arizona, Nevada, Florida, North Carolina and South Carolina.

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“The lawsuit representing Texas and Colorado homeowners mirrors the others suits we’ve filed across the country,” said Steve Berman, managing partner at Hagens Berman Sobol Shapiro. “These three created a systemic and tightly controlled process to inflate home values and home sales with no regard for the homeowners or the dangerous loans the companies pushed on unsuspecting purchasers.” According to the complaint, Countrywide funneled all its KB customers’ home appraisals to a single person at LandSafe, an appraisal subsidiary of Countrywide, who in turn would deliver an appraisal value at whatever KB and Countrywide ordered.

The named plaintiff, Alice Stacy, purchased her home in 2006, and initially signed a purchase agreement for $150,484. An initial appraisal submitted to Countrywide-KB mistakenly put the home’s value at $142,000 - this included a $14,000 sales incentive and rolled in the closing costs of the home that totaled $5,516, the suit states.

The appraiser mistakenly thought KB wanted to sell the home at $142,000, a number too low to support the loans KB and Countrywide decided to foist on Stacy. It was also too low to support the sales pitch KB delivered to Stacy, claiming the home’s value was $150,500.

The plaintiff obtained a report of the lower appraisal, contacted KB and demanded a lower contract price, and the company told her the appraisal was a mistake. KB insisted the house was in fact worth $150,500 and they would fix it, the suit states.

A few days later, the same appraiser submitted a revised appraisal showing an increased value on the home, exactly the level that KB promised Stacy.

“With this case, Alice called KB out and pretty much caught them red handed inflating values after the appraiser mistakenly issued the lower report,” said Berman. “The correction and inflation of the value speaks volumes to the practices we’ve alleged in all our complaint, that KB’s demanding specific home values and LandSafe is delivering without question.” The lawsuit lists several claims against the defendants including violations of the Racketeer Influenced and Corrupt Organizations Act (RICO), violation of California unfair competition law and unjust enrichment.

This information could help you if you or someone who used Countrywide or LandSafe to finance a home through KB home in Texas or Colorado. Homeowners that in this scenario are urged to contact the attorneys by visiting www.hbsslaw.com/kbhomes, by e-mailing or calling 206-623-7292 as soon as possible.

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My Take: Wow, I guess people will do just about anything to make more money. Is not fraud a criminal act? How come a lawsuit is the only legal action being taken? It seems someone should be contacting Monmouth County criminal attorneys! I am sure that at least a Monmouth County criminal defense lawyer should be needed by at least one of those three companies. At least they will not be contacting a New Jersey child molestation law firm.

It is only logical that somebody planned this little scheme in that portion should go to jail for fraud at least. It is not like getting Freehold reckless driving attorneys for traffic violations. To me, this is a lot more serious. Do not get me wrong, if you drink and drive you are going to need Red Bank NJ DUI attorney, but when you mess with somebody’s home and livelihood that is a different story.

The average person works too hard to be able to afford a home to have to worry about whether the builder, financer and/or appraiser are trying to screw them over. In fact, it is difficult for me to believe that Bank of America is even involved. However, the financing company is a branch of Bank of America. I have a feeling that Bank of America is going to be doing some housecleaning of their own.

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