Cash Flow Challenges?

Scotsman Guide | Feb 1 2021: Delinquencies improving, but could be elevated for years
Scotsman Guide | June 2021: Loan Modifications Affect the Mortgage Ecosystem
Scotsman Guide | December 2021: Home Equity is NOT a Foreclosure-Prevention Panacea

We understand circumstances and available cash flow priorities change. And we realize you may find yourself unable to make mortgage payments each month and service other secured & unsecured debt along with normal living expenses. That’s why we’re here—to help you through difficult times particularly those created by the COVID Pandemic.

POSITIVE OR NEGATIVE EQUITY?

Many if not MOST of upcoming foreclosures will be on properties that have POSITIVE equity in which case strategies and timelines change – my team will assess:

  1. your most recent mortgage statements
  2. copies of promissory notes
  3. communications with your lenders
  4. property values and physical condition
  5. ways to gain lender cooperation
  6. a completed copy of this mortgage assistance form.

« What’s at Risk if you Don’t Act Quickly & Decisively »

  1. Potential severe legal & tax liability exposure.
  2. Untimely forced move from your property.

Upon receipt of the foregoing, I will quickly review and provide legal and tax and practical advice on how you should proceed whether it is 1/ to sell your residence OR 2/ approach your lender in an effort to negotiate a loan modification of some sort. I will fully and candidly explain your OPTIONS in order to define and mitigate any liability exposures. Together, we will set and act on practical strategies that are in your best interests under the circumstances. With 30+ years expertise in these matters, my representations are tried & tested.


Keep Options ..

  • Loan Modification,
  • Repayment,
  • Forbearance,
  • Reinstatement / Cure.

Leave Options ..

  • Standard Sale,
  • Short Sale,
  • Deed in Lieu,
  • Foreclosure.

Let’s find the right option that works best for you.
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Needed Documentation

All communications and documentation provided is Confidential Attorney-Client Work Product. These documents allow me to carefully and fully assess your situation in order to discuss realistic options.

Loan Documentation

  • Last 2 mortgage statements bearing FULL LOAN NUMBER
  • Lender demand payoff for ALL loans: these confirm what’s currently owed
  • Promissory Note/s: these confirm who is legally responsible
  • Loan Disclosuresthese confirm what you represented to the lender, or that it told you
  • Essentially, the thick packet of docs given to you when the loan/s was/were funded

Income • Cash FlowHardship 

Bank Deposits • Tax Reporting

  • Last 2 Bank Statements » ALL pages / everything
  • Recent Federal Tax Returns – 2018 + 2019 (+ 2019 when available)
    • W-2’s, ALL schedules + Form 4506-T
    • If not filed, provide Electronic Extension for each year
    • I do NOT need State tax returns

HOA Documentation

  • Most recent HOA Dues Statement if applicable

Let’s TALK CONFIDENTIALLY. Attorney-Client Work Product 1, 2

  • The cornerstone of my approach is to help you make informed decisions.
  • I will explain, in plain English, the legal / tax / real estate / practical impacts of available options.

You MUST TAKE ACTION.

  • Do NOT ignore your lender and the letters you receive from them!
  • My approach involves you in each/every step of the chosen strategy.
  • No matter what option is recommended, there is a good deal of work to be done.
  • Time is of the essence.
  • If you don’t take action, or refuse to do so, the lender will simply take over & divest you of ownership & possession.
  • Doing nothing will worsen the affects on your FICO score and you may be exposed to significant legal and tax liability.

POTENTIAL COLLATERAL BENEFITS.
When a property is sold, we address and resolve these following other concerns that may affect title:

  • Tax Liens (i.e., Federal, State, EDD, etc.)
  • Judgment (‘Abstract’) Liens
  • HOA Arrearages

Compensation Structure

  • Attorney Realtor RFA-11 and Client Representation Agreement » Look Here

Image: California Foreclosure Process
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