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April 26th, 2012

Half of all homes “underwater” by 2011

August 7th, 2009

drowning1 Hold on.  We’re not through it yet. One out of two homeowners will owe more than their house is worth by 2011. Read about it here.

We predict that Loan Modifications and short sales will increase exponentially in the next year or two.  We are already seeing lenders overwhelmed with requests for help; they are hiring new (hopefully knowledgeable and trained) staff almost daily.

It is more important than ever to work efficiently and effectively with the big lenders.  Their workload is so great that they don’t have the time or the manpower to process incomplete or shoddily put together loan modification proposals.

We know of one homeowner who was recently contacted by her lender who left her a voicemail giving her 24 hours to get some urgent documentation to them or they would cancel her request for help and proceed immediately to foreclosure.

Unfortunately,that voicemail message was in English and the homeowner spoke only Spanish.  Within days she had received a Notice of Trustee’s Sale and an auction date.

We were able to undo the damage but it was a stressful and nail-biting couple of days for the homeowner before we did so.

California’s Abandoned Cities

August 4th, 2009

We are now seeing whole stretches of urban America being laid waste to the folly and greed of a relatively small number of people who profited at the average Homeowners’ expense.

This is sobering article about long-term and devastating changes to entire communities, homeowners, small and large businesses, and schools across America.

Our only comment would be one of surprise at the fact that Las Vegas is not up there in the top three.

Go here to read  the entire article.

Times have changed and so has bankruptcy

April 23rd, 2009

Bankruptcy is often a difficult and very personal decision that carries a lot of emotion for many people.

It requires a shift in perspective and attitude to realize that bankruptcy laws were enacted precisely to give good, honest people a fresh start and a chance for their family to start over. If you are one of the many homeowners these days who is experiencing difficulty making your mortgage payment, you may have already considered bankruptcy.

If so, you should know that recent new legislation in bankruptcy law has affected most homeowners.  There have been dramatic changes in bankruptcy law in recent years in response to the real estate crisis and the economic meltdown.  Two of the most promising new developments are lien-stripping and the “cramdown” bill.

Bankruptcy and Your Mortgage Payments

The “cramdown” bill, the most exciting piece of legislation now pending before Congress, is formally known as the “Helping Families Save Their Homes in Bankruptcy in 2009″ bill.

This revolutionary bill, which easily passed the House of Representatives, is welcome news for homeowners whose homes are “underwater” (the value of the loans is greater than the current market value of the house).  As currently written, it gives bankruptcy trustees authority to reduce the amount of loans to the current fair market value of the home.  Although the bill has not yet become law, it seems likely that homeowners may have to prove that they have first tried to negotiate a voluntary loan modification.  The trustee will need to verify this information and the trustee will almost certainly need to use Federal guidelines to determine the value of the home at today’s market value.

In addition, if your lender will not give you a principal reduction on your loan and you file bankruptcy, a good bankruptcy attorney may make an effective case for “stripping” your property of its second loan or Home Equity Line of Credit.  This is known as “lien-stripping.”  A bankruptcy trustee may allow this if there is not enough equity in your home to pay-off your second mortgage or Home Equity Line of Credit.   If you have lost so much equity in your home that there is no value attached to the second, junior lien, then it can be considered an unsecured debt and discharged just as any other unsecured debt.

The world of bankruptcy can be very confusing.  For those who’ve been considering it or are just curious as to whether it could be a viable option in their current financial situation, here’s a brief summary of the bankruptcy options open to families and individuals.

The ABC’s of Bankruptcy

There are four kinds of bankruptcy proceedings. They are referred to by the chapter of the federal Bankruptcy Code that describes them.

Chapter 7 is the most common form of bankruptcy.  It is available to individuals, couples and certain legal entities.   In this Chapter, a trustee sells all of your non-exempt assets and distributes the proceeds to your creditors.  There is no repayment plan necessary in Chapter 7.  You simply walk away from your debt.   Chapter 7 may be appropriate for you if you do not have any major assets that you would like to keep and your income is so low that there is no possibility that you can ever repay the debt that you carry.

Any income you earn after the date of filing is yours to keep and cannot be seized by creditors.   You may be discharged within 4-6 months of filing a Chapter 7.  You’re then free of debt and able to go on with your life.

Chapter 11 is mainly for corporations or partnerships. Individuals whose income exceeds the limits established for Chapter 11 would be eligible to file for a Chapter 13.

Chapter 12 is a reorganization plan for family farmers.

Chapter 13 is a repayment plan for individuals with regular income whose unsecured debt is less than $269,250 and whose secured debt is less than $807,750.  Under this chapter you may be able to keep any real estate that you own.  You will be required to make regular payments to the Chapter 13 trustee who will distribute the money to your creditors for the life of the plan (about 3-5 years).   Also under this Chapter you can pay as much as 100% of your debt over time or as little as 10%, depending on your level of debt and your income.

Preparing for bankruptcy

If you know you want to file bankruptcy or think you may have to later on, it is wise to start preparing for that possibility well ahead of time so that you don’t make mistakes. Consult with an attorney.

For example, you need to know which debts are dischargeable and which are not.  In many cases your IRA’s, KEOGH’s and retirement plans are protected under bankruptcy.  Many people will max-out their credit cards and liquidate their IRA’s and retirement accounts to try to pay certain bills.  If it helps you avoid bankruptcy, that’s great.  But if you end up in bankruptcy anyway after having gone through all of your assets, you could find yourself in a very difficult position.

You should also be careful about transferring assets, property or money prior to filing a bankruptcy.  Although your intentions may be innocent and you may be simply moving money around trying to rob Peter to pay Paul, a bankruptcy trustee may cast a suspicious eye on certain financial transactions occurring within a few months of filing bankruptcy.  A good bankruptcy attorney will be able to advise you about what to do and what not to do.   At RealEstateLawCenter.org, we offer a free bankruptcy evaluation and consultation to help you determine how to proceed.

In any bankruptcy, regardless of which Chapter you choose, you are allowed to keep certain things in order to make a fresh start.  Some things may have value to you alone and may be worthless to creditors, such as household furniture and personal items.  A trustee will allow you to keep the things you need to continue to make a living and maintain a stable family structure.

It’s best to make a list of your assets and take it to your attorney when you are ready to file.  He or she will calculate the dollar amount of those assets and will be able to give you a heads up as to what the trustee may or may not allow you to keep.

If you own a home you can either include it in the bankruptcy and reaffirm the debt or file a bankruptcy and not include the home.  If you are attempting to modify your loan, your attorney may be able to help you to get your lender to consider a modification of your loan even if you have filed for bankruptcy and included your home in the bankruptcy.

The important thing to remember is that a well-prepared bankruptcy benefits your creditors as well as you and your family.  If you are able to make payments through a repayment plan, creditors avoid having to spend the time, money and effort it would take to try to collect the debt.  The court takes care of all the paperwork.  If you are unable pay them off, they will most likely charge-off your debt, take a tax write-off and move on.

Nobel Prize-winning economist raises concerns about Obama Mortgage Plan

April 21st, 2009

Nobel Prize-winning economist, Joseph Stiglitz is convinced that the $75 billion mortgage relief program doesn’t do enough to  help Americans who can’t afford to make their monthly payments.

“It doesn’t reduce principal, doesn’t make changes in bankruptcy law that would help people work out debts, and doesn’t change the incentive to simply stop making payments once a mortgage is greater than the value of a house”, he said yesterday.

Stiglitz said the Fed, while it’s done almost all it can to bring the country back from the worst recession since 1982, can’t revive the economy on its own.

Relying on low interest rates to help put a floor under housing prices is a variation on the policies that created the housing bubble in the first place, Stiglitz said.

“While the strategy might put a floor under housing prices, it won’t do anything to speed the recovery,” he said.

Even with rates low, banks may not lend because they remain wary of market or borrower risk, and in the current environment “there’s still a lot of risk.” That’s why Stiglitz believes that even with all of the programs the Fed and the administration have opened, lending is still very limited.

Stiglitz expressed a similar lack of confidence in the Obama Bank Rescue program this week.  Stiglitz, 66, won the Nobel in 2001 for showing that markets are inefficient when all parties in a transaction don’t have equal access to critical information, which is most of the time.  His work is cited in more economic papers than that of any of his peers, according to a February ranking by Research Papers in Economics, an international database.

Stiglitz cites three main reasons he feels the Rescue is doomed:

  1. The Troubled Asset Relief Program isn’t extensive enough to recapitalize the banking system.
  2. The administration is ignoring this shortfall or is aware of it but doesn’t know how to address it.
  3. Even more troubling, many of Obama’s closest advisors have extremely close ties to Wall Street.

“America has had a revolving door. People go from Wall Street to Treasury and back to Wall Street,” he said. “Even if there is no quid pro quo, that is not the issue. The issue is the mindset.” Read the rest of this entry »

Dismal Outlook for Commercial Property Owners

March 11th, 2009

There’s no good news in 2009 for owners of commercial properties.  A recent article in the Washington Post – you can read it here – gives a bleak forecast for owners saddled with empty office space, vacant apartment houses and empty storefronts.  Rents are projects to drop to around 18%, vacancies could rise another 10%.

Loan modification negotiation for commercial properties is a good solution to a top-heavy commercial portfolio.  Lower interest rates and/or a reduction of principal and reduced payments can pave the way to a landlord having the flexibility to drop rents, offer move-in incentives and compete aggressively in a very competitive market.

Commercial loan modification is a complex art and there are far fewer loan modification companies  which will attempt to do it.  It can be successfully accomplished, however,  and a good result can be achieved.

Saving your second home or rental property

March 11th, 2009

The Obama Program, whether it works or not, is solely for the modification or refinance of primary residences.  Many families took the opportunity to acquire a second home during the housing market boom.  We’re running across a lot of families who have sunk their life savings into an investment property which was intended to be their cushion for retirement or their kid’s future.  Worse, some homeowners borrowed heavily against the equity in their primary residences to finance second properties.

Read the rest of this entry »

Computer-generated loan audits – not a good idea.

March 5th, 2009

Many people are confused about the purpose and process of loan auditing. Unfortunately, many people who actually offer and conduct loan audits for a living are also in this category!

Let’s recap.  When you buy a house you deal with several service- providers.  You probably have an escrow agent, an appraiser, maybe a mortgage broker and you certainly have a lender.

Read the rest of this entry »

Top Ten Reasons you should never do your own loan modification

February 22nd, 2009

You’ve heard the old disclaimer “Don’t try this at home”.

And yet, the most consistent question homeowners ask about loan modification is:

“Why can’t I do this myself?  Why do I have to hire someone to do it for me.”

It’s a reasonable question.  Times are hard and every penny counts – especially when you are in default on your house or in danger of going into default.

So, here, not necessarily in any order, are the most common reasons why it’s a foolish idea to try a D.I.Y. loan modification.  Read the rest of this entry »

Eviction isn’t what it used to be

February 22nd, 2009

Many homeowners are terrified by the prospect of eviction.  They’ll get kicked out on the street; their neighbors will know.  It’s a hopeless situation.

Maybe yes, maybe no.

An eviction is simply a lawsuit.  And, like any lawsuit, it can be contested, fought and won.

An eviction lawsuit comes after your foreclosure when your lender knows you are still in your house and he wants you out.  (Of course, your house will sit empty because your lender can’t rent or sell it in this economy – but that’s not the point.  It’s now his and he wants you out).

A pathway to keeping you in your home is to “unwind” the foreclosure.  This basically means that your attorney will take steps to challenge the foreclosure on the grounds that your home was  sold illegally.  This is not just an allegation.

If you purchased your home anytime since 2005 there is a good likelihood that your loan transaction contained elements of fraud or misrepresentation.  If you were not aware of these facts when you signed your loan docs then there may be grounds to go back and have your lender answer for every aspect of your home purchase – including it’s eventual sale.

Your attorney can then file a lawsuit and request that your eviction lawsuit be put on hold until the fraud lawsuit is adjudicated – which could be a long time.

This isn’t pie-in-the-sky.  RealEstateLawCenter.org has ongoing lawsuits right now on behalf of borrowers facing eviction.

Don’t walk away and don’t ever willingly surrender the keys to your home without a fight.

There are never any guarantees but there are always options.