
| The Sub-Prime Mortgage Crisis and Your Options written by Philippe Symonovicz, Esq. This country and especially the State of Florida is going through a severe economic period, perhaps unlike any it has ever seen before since the Great Depression. Thousands of properties are being foreclosed upon or are about to be foreclosed upon by institutional lenders. These lenders have, for years thrived upon a booming real estate market and encouraged Floridians to borrow most if not all the equity in their homes, whether through a refinance or through the purchase of a new home or property, with the promise that the market would keep flourishing at the same pace that it had for a period of five or six years. They offered the citizens of this country the lowest adjustable rate mortgages in history and allowed unscrupulous mortgage brokers to cajole their borrowers, you the homeowner, into 100% and even 110% loans, regardless of the borrower’s income or financial resources. Furthermore, these loans were given without considering the impact that adjustments in the interest rate would have on the property owner’s ability to make monthly payments not to mention any adverse economic impact which might befall a property owner due a diminishment in income occasioned by loss of employment or business, illness, or simply unanticipated expenses which we as human beings all experience at one time or another in life. Some people who have owned their properties for a decade or more had in fact acquired a substantial amount of equity in their homes due to the rapid rise in property values. As a result of the appreciation in the real estate market and a recalcitrant stock market, these homeowners turned to the equity in their properties enticed by mortgage brokers and lenders. Some were encouraged to purchase investment properties with little or no money down, thus further fueling the spiraling values of real estate. We were all told that this was a sound financial investment, well worth the risk. These factors contributed to the consequences which we now live in. The homeowner who took out a $350,000 mortgage on his primary residence is finding that he cannot make the payments on that mortgage in addition to the mortgages which he took out on other properties. The income is not there and the upward adjustment in these adjustable rate mortgages have made the payments even more prohibitive. Many people have refinanced their properties at least once a year in order to put enough money in their pocket to pay the arrearages on their bills in an effort to make up for the deficiency in their income. Few could keep up at this pace. Consequently, homeowners have not only stopped making payments on their investment properties, but are now unable to make the payments on their primary residence. The result is a glut of properties on the market and a rapid decrease in the value of real estate in Florida. The sad truth is that, with the rare exceptions of those fortunate few who either own their properties free and clear or purchased their property prior to this century with a sizeable down payment while resisting the temptation to refinance years later, most people in Florida and particularly South Florida are in a negative equity situation. It is not uncommon for someone who paid $350,000 for a property or refinanced their property with a $350,000.00 loan in 2006, to find themselves in a property which is now worth $250,000.00. In fact it is rarer to find someone who is not in that situation. We have come across certain cases in which property owners have a property valued at well under two hundred thousand dollars less than the outstanding mortgage balance on the property. For example, we represented a homeowner who purchased a home for $351,000 in 2003 then refinanced it in 2006 for $ 500,000 because it was then appraised at $550,000 by the lender, only to find that the property is now worth less that the initial $ 351,000 that the homeowner paid for it. The reality is that this property as well as all those in South Florida is still dropping in value. Statistics claim that properties have dropped 20% in 2008 thus far. And there is no end in sight. So where do we go from here. Are we all going to lose our properties to institutional lenders. The answer is an emphatic “no”. The good news is that you are not alone as is borne out by the statistics. The lenders, mostly the so- called “sub-prime lenders,” have gone bankrupt overwhelmed by the waves of defaulting mortgages. The mortgage brokers who sold us these sub- prime loans, have also gone out of business. The remaining lenders who bought the mortgages are stuck for the most part with paper that is worth less than property it is on. Here’s a secret - they don’t want your property, they already have more than they can handle, they actually want to work with you, although they don’t want you to know that. So what is the solution or more precisely the solutions? The solution is our office. Philippe Symonovicz has been a licensed attorney in the State of Florida since 1981 specializing in real estate. He is a member of Attorneys’ Title Insurance Fund, Inc. since 1990 and in 2007 was awarded the President’s Circle Award which is reserved for the top 2.5% of the attorney agents in the State of Florida. Our office is dedicated to saving your most precious asset - your home or in some cases your investment property. Our office offers personalized services which are customized to suit your particular set of circumstances. Do you want to keep your property or sell it without the consequences of a foreclosure judgment against you? There are many options available. Please contact our office so that we may discuss what the solution that would fit your situation the best. |



