Post-closing escrow hold backs are a potential minefield for everyone involved and should be avoided whenever possible. Even the most finely crafted escrow agreement might not cover all the contingencies the parties anticipated, and the collective memory is short. So,...
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Don’t Take Chances – Use an Attorney for your Closings
Article 13 of the Code of Ethics says: “Realtors shall not engage in activities that constitute the unauthorized practice of law and shall recommend that legal counsel be obtained when the interest of any party to the transaction requires it.”The rules allow Realtors...
The Next Foreclosure Front
Foreclosures are just one front to this economic war that the country is currently fighting. This first began in late 2006 and early 2007 following the resetting of many sub-prime adjustable mortgages. These mortgages provided a vehicle for many real estate...
Mortgage Modifications in Chapter 13 Bankruptcy
The downturn in the economy has caused real estate values to decline. In the wake of this real estate crisis, many loss mitigation alternatives relative to real estate mortgages have emerged. These include mortgage modification programs.You may have heard about the...
Short Sale After Bankruptcy
Many homeowners are watching their real estate values decline yet their mortgage balance remain the same. The challenging real estate market coupled with unemployment have forced many homeowners to try to exiting their properties through a short sale. But what happens...
Bankruptcy Pay Down & Negative Equity Solution
In a previous column, I wrote about an initiative that would allow the cram down of first mortgages on a debtor’s principal residence in a Chapter 13 bankruptcy. The cram down was a proposal to cram down the amount of the principal balance due on a chapter 13...
HAMP is not working…
Should congress reconsider legislation that would allow bankruptcy judges to cramdown first position purchase money mortgages on a Chapter 13 debtor’s primary residence?Months ago, I addressed the initiative known as the Durbin Amendment proposed in the last...