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Category: foreclosure

Jason McGrath Interviewed by TV Station Regarding BOA Fraud

Posted on March 15, 2015April 26, 2022 by g83js92js91
Categories: bank of america, boa, foreclosure, Foreclosures amp; Mortgage Loan Relief, fraud, Jason A McGrath, Jason McGrath News / Media

Former BofA workers claim they received bonuses for foreclosures… – WSOC tv

www.wsoctv.com › News › Local Posted: 3:14 p.m. Monday, June 17, 2013

Jun 17, 2013 – “I’ve seen all of those things that this lawsuit has mentioned. Yes I have,” said Jason McGrath a foreclosure attorney in Charlotte. McGrath helps …  (click here to see the TV broadcast story and interview excerpts)

By Blair Miller

CHARLOTTE, N.C. —

Former Bank of America employers said they received $500 cash bonuses and gift cards when they sent distressed homeowners into foreclosure.

Eyewitness News took a closer look at the allegations in the latest lawsuit on Monday night.

The lawsuit against Bank of America lays out some strong accusations. It claims the Charlotte-based bank gave cash bonuses and gift cards to employees who pushed homeowners into foreclosure.

It was the heart of the recession, at a time when many homeowners were looking for help, but on Monday night, according to a new federal lawsuit, former employees claim loan collectors who put customers into foreclosure were rewarded with gift cards to Target and Bed, Bath and Beyond.

The suit said those who would put at least 10 customers into foreclosure would get $500 bonuses.

According to Bloomberg, ex-Bank of America employees said mortgage workers falsified records and were told to delay applications for government loan assistance by asking customers to fill out paperwork that had already been received.

“I’ve seen all of those things that this lawsuit has mentioned. Yes I have,” said Jason McGrath a foreclosure attorney in Charlotte. McGrath helps clients save their homes.

He said on Monday night that he works with Bank of America often and he is glad that the public is hearing the claims.

“It’s one of those things that it’s great for folks like me because we experience this on a day-to-day basis and we are finally glad to see it see the light of day,” said McGrath.

On Monday night, in a statement to Eyewitness News about the lawsuit, Bank of America said, “These attorneys are painting a false picture of the bank’s practices and the dedication of our employees. While we will address the declarations in more depth when we fire out opposition to the plaintiff’s motion next month, suffice it is to say that each of the declarations is rife with factual inaccuracies.”

McGrath said in some ways the lawsuit helps his clients.

“Some of my clients say I’m so glad to hear you tell me other people are going through this and it’s not just me. They feel much more persecuted. It’s weird since they feel better that other people are going through this as well,” he said.

Seven former loan employees are pushing to get the lawsuit approved for class-action status.

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Posted in bank of america, boa, foreclosure, Foreclosures amp; Mortgage Loan Relief, fraud, Jason A McGrath, Jason McGrath News / Media

Jason McGrath Quoted in Story About Pace of Foreclosures

Posted on March 15, 2015 by g83js92js91
Categories: Charlotte, charlotte observer, foreclosure, foreclosures, Foreclosures amp; Mortgage Loan Relief, Jason A McGrath, Jason McGrath News / Media, mortgage relief
September 12, 2013 By Deon Roberts droberts@charlotteobserver.com  … Jason McGrath, a Charlotte-based lawyer who defends struggling homeowners … (click below link for full story, which is also excerpted below)

Charlotte-area Foreclosure Filings Decline 16%

By Showcase Realty On October 14, 2014

By Deon Roberts
droberts@charlotteobserver.com
Posted: Thursday, Sep. 12, 2013

Charlotte-area foreclosure filings dropped 16 percent in August from a year ago, as they also fell across the U.S.

The Charlotte region had 982 filings – which comprise default notices, scheduled auctions and bank repossessions – down from 1,166 a year ago. North Carolina filings fell to 2,361, a decline of 12 percent.

Nationwide, foreclosure activity fell largely as a result of fewer properties starting the foreclosure process, according to real estate data firm RealtyTrac. U.S. foreclosure starts dropped to 55,775, their lowest level since December 2005.

For Charlotte, it was the third month in a row of year-over-year declines.Observers point to at least two trends driving down Charlotte foreclosure filings: Rising home prices are increasing equity in homes that are “underwater,” making the owners less likely to allow their properties to fall into foreclosure. Also, they say, some lenders are opting to sell distressed Charlotte-area homes to investors.

“Some of the institutions don’t really want to be in the foreclosure business, so they unload some of their notes that are in default, or nonperforming notes, they call them,” said Nancy Braun, owner of Charlotte-based Showcase Realty.“They sell them to investors at a fraction of the value,” she said. “The investors then can take on the unpleasantries of possibly foreclosing on the party or renegotiating the note with the borrower or doing a short sale with the borrower.”

In Charlotte, investors such as private equity firms have been snapping up bank-owned properties to convert them into rentals. Braun said investor purchases are a factor in Charlotte’s tight inventory situation.

“That’s part of the reason … there’s a shortage of inventory,” she said.

Charlotte’s drop in foreclosures also coincides with home prices increasing here and elsewhere. On Tuesday, the Charlotte Regional Realtor Association reported the average home price in the region rose to $237,635 in August, the largest year-over-year gain so far in 2013. That’s up 11 percent from $213,846 in August 2012.

Home prices are rising across the U.S. as mortgage rates increase and supplies of homes for sale remain tight in many areas. RealtyTrac says the increase in prices is good news for homeowners who are underwater – those who owe more on their homes than they are worth. Those owners have more equity as prices overall rise.

Foreclosure filings in Charlotte remain below their peak of 2,141 in August 2009.

Even though overall filings fell in the Charlotte region, bank repossessions and default notices increased year over year in August, RealtyTrac said. Repossessions climbed 33 percent to 330 properties, compared with 249 properties a year ago. Default notices increased 1,620 percent, to 172 from 10 a year ago.

‘Desperate homeowners’

While overall foreclosure filings are down, Charlotte homeowners who have already fallen into foreclosure are still battling their lenders.

Jason McGrath, a Charlotte-based lawyer who defends struggling homeowners, said his office, in roughly the past few months, has seen an increase in demand from clients facing foreclosure hearings that are only a week or two away or whose homes are already scheduled for foreclosure sales.

“There are clearly many desperate homeowners out there that are still facing foreclosure and are still struggling to make every effort they can to avoid it,” he said.

Despite the falling number of foreclosure filings, some predict a surge in foreclosures in coming months.

Daren Blomquist, vice president for RealtyTrac, said foreclosures are expected to rise in some U.S. markets as lenders move forward with foreclosure starts that had been delayed.

McGrath expects an increase in Charlotte, too.

“There’s some theory out there that we’re going to see a ramp up in foreclosure filings in 2014,” he said.

Source: http://www.charlotteobserver.com/2013/09/12/4306203/charlotte-area-foreclosure-filings.html

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Posted in Charlotte, charlotte observer, foreclosure, foreclosures, Foreclosures amp; Mortgage Loan Relief, Jason A McGrath, Jason McGrath News / Media, mortgage relief

Mortgage Loan Loss Mitigation Application – Financial Ratios – Be Careful

Posted on February 3, 2015December 18, 2023 by g83js92js91
Categories: borrower, financial ratios, foreclosure, income, Jason A McGrath, loss mitigation, mortgage, Mortgage Loan Loss Mitigation Applications, Mortgage Modification, mortgage relief, uniform borrower assistance form
In this video, attorney Jason McGrath, who handles many mortgage dispute and foreclosure matters, discusses an important loss mitigation issue. Persons filling out their mortgage loan loss mitigation applications need to be very aware that the financials they are listing may make or break their chances of obtaining a modification, and need to know what ratios matter most and what the banks / loan servicers / government is looking for.

These applications are referred to by various names, such as the “Request for Modification and Affidavit” (“RMA”), the “710 Form”, and the “Uniform Borrower Assistance Form”. Regardless of what it’s called, or even if the information is being provided verbally, gross monthly income (“GMI”) and the total monthly expenses (“TME”) have to be provided accurately but also with an understanding of what can, and what should, be included and excluded. If you think the loan servicer is going to advise you properly on this, or if you think it’s a no-brainer, you’re almost definitely wrong. Also, did you know that it may not only be the borrower’s income which can be considered…?

https://youtu.be/Jkp048OTBnc

Posted in borrower, financial ratios, foreclosure, income, Jason A McGrath, loss mitigation, mortgage, Mortgage Loan Loss Mitigation Applications, Mortgage Modification, mortgage relief, uniform borrower assistance form

Is the Advice You’re Getting Specific to North Carolina’s Unique Foreclosure Laws?

Posted on November 24, 2014May 2, 2022 by g83js92js91
Categories: foreclosure, Jason A McGrath, loss mitigation, mortgage dispute, mortgage relief, Mortgage Relief / Loss Mitigation Programs, North Carolina, north carolina law

NC-Flag-Medium

North Carolina Foreclosures

(Alternative Title: Some Dude in CaliforniaFloridaNevada Wrote it on the Internet, so it Must be Right)

In this video, Jason McGrath, attorney Charlotte NC, discusses the fact that many persons involved in a foreclosure or mortgage loan dispute, or involved in a mortgage relief / loss mitigation situation, turn to the internet or some “unofficial source” for information and/or sign up with some out of state organization or “law firm” for help. So while your Florida based “mortgage relief specialist” or your “national network of attorneys” headquartered in California may not (or may) be scamming you, do they actually understand NC’s laws and process and customize their advice and services accordingly?

https://youtu.be/XGYYLnoBpqs

Posted in foreclosure, Jason A McGrath, loss mitigation, mortgage dispute, mortgage relief, Mortgage Relief / Loss Mitigation Programs, North Carolina, north carolina law

After the Foreclosure Sale: A Puzzling Time for Former Homeowners

Posted on November 12, 2013April 21, 2022 by g83js92js91
Categories: attorney, Consumer Defense, eviction, foreclosure, Foreclosures & Mortgage Loan Relief, homeowner, Landlord and Tenant, loan, negotiation, Real Estate, short sale

As attorneys who represent many borrowers in foreclosure cases, although we have been fortunate to have great success in avoiding foreclosure for our clients, one of the most common questions our clients ask is, understandably,

 

“If we are foreclosed upon, do we have to immediately vacate the property?”  
Foreclosure Misery

The answer to that question isn’t as straightforward as one may think.

Generally, there are two different paths to remove the former homeowner after being foreclosed upon: (1) formal eviction process, and (2) informal negotiations between former homeowner and new owner (usually the lender bank or the highest bidder at the foreclosure sale). The first option of formal eviction can be costly and requires additional involvement of the justice system. It is comparable to the process for evicting a tenant who has overstayed his/her welcome. The second route will generally take the form of the new owner making a monetary offer to the former owner in exchange for an agreement to vacate the premises peacefully and without causing any damage. This “cash for keys” option saves all parties from having to go through the hassle and costs of the eviction process.

Depending on the path chosen, a homeowner will be able to stay in his or her home for a short time period of perhaps a few weeks; others may continue to live in the foreclosed upon home for longer and even indefinite periods of time. Each case is different, and the length of time will depend on the laws of the state where the property is located, how aggressive the new owner is in ensuring the vacancy of the property, and any agreement entered into.

Contracts Lawyer Charlotte NC
Posted in attorney, Consumer Defense, eviction, foreclosure, Foreclosures & Mortgage Loan Relief, homeowner, Landlord and Tenant, loan, negotiation, Real Estate, short sale

Will a Foreclosure Start or Continue While a Modification or Other Mortgage Relief Request is Pending?

Posted on September 7, 2012May 2, 2022 by g83js92js91
Categories: Deed in Lieu, foreclosure, Foreclosures & Mortgage Loan Relief, Mortgage Loan Modification, Mortgage Modification, National Mortgage Settlement, short sale
traffic-lights-all-lights-on

One of the most common questions that I and other lawyers in my firm are asked by borrowers is weather a foreclosure action will start or commence even if the borrower is supposedly being considered for a mortgage loan modification or other type of mortgage relief such as a forbearance plan, a short sale, or a deed in lieu of foreclosure. Of course a relevant and important follow up question is why lenders continue to foreclose even if a mortgage relief option is supposedly in the works.

Unfortunately, in almost every circumstance, a mortgage lender/servicer such as Bank of America, Citibank, Chase, GMAC, and Wells Fargo will commence or continue foreclosure activities even while representatives of such loan servicers continue to tell the borrower that they are being considered for a modification, or even on the verge of receiving a final mortgage relief offer. Many of our clients have expressed that they feel as though the lender is dangling a carrot out in front of them with the one hand, while whipping them with the other. Many borrowers have expressed that they feel as though lenders are intentionally leading them on about the possibility of a mortgage relief option, just so the borrower is lulled into a false sense of security while the lender continues to foreclose.
I have one very important suggestion for you. I have handled numerous cases in which the mortgage lender or servicer has actually, from its standpoint, halted or even dismissed a foreclosure action but has either failed to communicate that to its foreclosure lawyers or to the borrower or the attorney for the borrower.  If you are facing foreclosure, be sure to attempt to have direct contact with the entities who are prosecuting the foreclosure, or have your attorney do the same if you are represented.  It is important to – as best as you can – make sure that you are as well informed as possible. Yes, of course, getting information out of these lenders is almost impossible at times, but it is important that you keep making the effort.

In order to be fair, we have to consider the reasons why mortgage loan lenders and servicers may continue to foreclose even though mortgage relief options are being considered.  As in almost all legal matters which involve opposing sides, one side may wish to impose pressure on the other in order to get what it wants.  From a strategical perspective, an attorney advising the lender may very well advise the lender to keep the pressure on for a number of reasons.  Since some borrowers are unable to comply with the terms of a mortgage relief opportunity, and others simply turn down opportunities for mortgage relief, the bank may be best served by continuing a foreclosure action until a mortgage relief option is finalized.  Keep in mind that the banks can typically take a situation to the very edge of a foreclosure sale yet not execute that sale if some final resolution short of foreclosure can be reached.

Let me make one final comment on this topic.  You should be aware that there are numerous prohibitions against foreclosure under certain circumstances.  These prohibitions may be found in federal law, state law, federal government program guidelines, court orders, court settlements, etc.  Further information on this specific topic will be provided in on our website, including pages which discuss prohibitions against foreclosure contained within the Making Home Affordable program.

McGrath & Spielberger, PLLC provides assistance to borrowers in need of mortgage relief services, such as mortgage loan modification, foreclosure negotiation, refinancing, and deed-in-lieu or other negotiated settlement resolutions.

Posted in Deed in Lieu, foreclosure, Foreclosures & Mortgage Loan Relief, Mortgage Loan Modification, Mortgage Modification, National Mortgage Settlement, short sale

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