Michael Gray interviews attorney William Mahan about the mechanics of short sales and foreclosures of real estate for the Financial Insider Weekly. Part 2 of 3 focuses on deeds in lieu of foreclosure. (What happens if you “walk away”.)

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With 1 in 4 American homes underwater and an estimated 1.7 million in foreclosure proceedings, strategically defaulting is becoming a more popular option for borrowers. However, Strategic defaults also come with a slew of personal and legal ramifications. Attorney at Law, Laura I. Shidlovitsky discusses the unglamorous side of foreclosing and what you can do before deciding to foreclose.

On average, it takes over one year for a homeowner to be evicted from their house once they stop paying their mortgage, according to a recent report by the New York Times. With close to 25% of homeowners owing more than their homes are worth, strategically defaulting may seem like a great way to live rent-free for a year. But, what are the legal ramifications of doing so?

Defaulting is stressful, but defaulting is not a walk in the park either. In addition to your credit score taking a nosedive, you’ll receive a slew of calls, visits, and correspondence by collection agencies, and in some cases, you may even be shunned by your neighbors for being responsible for a drop in neighborhood housing prices. Shidlovitsky. In certain states, like California, a short sale on your home might result in taxable state income, not to mention potential personal liability charges from the foreclosure proceedings. In other words, you might lose more than just your home.

A lot of discussion in the news on strategically defaulting has revolved around the morality of doing so. When asked whether strategically defaulting was morally acceptable, Attorney Shidlovitsky said it depends. “While, I am by no means, an expert on moral authority, I do believe that strategic defaults are wrong under some circumstances. For instance, borrowers who stop paying their mortgage and use those funds for personal items, like expensive dinners or trips to Disneyland, are doing a disservice to the rest of the society. It is not completely ethical to have your neighbors or the remaining tax payers carry the burden of one’s irresponsibility”. If you are a borrower who did not overextend yourself in obtaining the mortgage in the first place, and are currently in financial distress due to something out of your control, like unexpectedly losing a job or being diagnosed with a serious medical condition, and need the money for those expenses, then defaulting is a morally acceptable option.

Moral or not, what can financially distressed borrowers do? Shidlovitsky, Is that homeowners still have several options besides foreclosing and being proactive can really pay off. As soon as you experience hardship, contact your lender to explore options, such as FHA refinancing. Try to sell your property. If that doesn’t work, you can do what is called deed in lieu of foreclosure where you turn your keys in to the lender and walk away. While some of these options may still impact your credit score, it is not as bad as the decline caused by a forced sale. Shidlovitsky’s other suggestions? Watch out for modification scam artists who charge high fees and guarantee modification and/or a stay of foreclosure proceedings, and don’t make any upfront payments, unless it is to an attorney, for loan modifications.

Laura I. Shidlovitsky, Esq., owner and founder of the Law Offices of Laura I. Shidlovitsky, is a very creative and personable Attorney at Law who tailors her legal counsel to meet the unique needs of her clients in all aspects of commercial and real estate transactions and negotiations. She has extensive experience representing individuals and publicly traded corporations in a variety of industries, including metals distribution, commercial real estate, healthcare, pharmaceuticals, restaurant, media and entertainment, transportation, and consulting. Ms. Shidlovitsky is also an active member in many professional organizations, including the LACBA Business and Corporate and Real Property Sections, the ABA Business and Litigation Sections, the National Association of Professional Women, and the Century City Chamber of Commerce.

To find out more about what to consider when facing a foreclosure or to interview Laura I. Shidlovitsky, Esq., please call (310) 684-3843.

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Posted On: Los Angeles, CA August 25, 2010

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Foreclosure attorney Troy Doucet understands how it feels to experience foreclosure, and recommends homeowners explore their defenses before giving into the bank’s demands.

After spending years working in the mortgage industry, Attorney Troy Doucet is pleased to announce the opening of his law firm that is dedicated to helping those facing foreclosure. Mr. Doucet’s involvement in the mortgage industry, including owning a mortgage company, offers his clients an insider’s perspective on lending. Doucet’s life experiences also bring his clients one additional perspective: what it feels like to experience foreclosure. In 2006, the bank foreclosed on his home.

Mr. Doucet began working in the mortgage industry in 2000, opening a mortgage company shortly thereafter. Doucet built that company, Cornerstone Home Finance, away from subprime mortgages, and he worked hard to eliminate surprises at loan closing. In 2004, Doucet was featured in Broker magazine for proposing the mortgage industry eliminate junk fees. Doucet’s companys grew quickly, but that growth ultimately caused it to collapse, forcing Doucet into bankruptcy and costing him his home. He started law school after that experience.

Mr. Doucet says homeowners should not assume foreclosure is a foregone conclusion because multiple defenses are available. Falling on hard times is no excuse for banks to ignore mortgage laws, he says. A homeowner’s loan could contain substantial violations of federal law, and they may never know it without the help of a knowledgeable attorney. For example, the Truth in Lending Act (a federal law that applies in every state) requires the lender provide specific disclosures to homeowners at the time that the loan closed, or face significant consequences. Failing to provide two copies of the Notice of Right to Cancel per borrower, for example, can give the homeowner the right to cancel the entire loan transaction up to three years after closing and obtain refund of nearly all payments made. To qualify, the loan must have been used to refinance the homeowner’s primary residence.

Mr. Doucet recommends all homeowners facing foreclosure do a few things to protect themselves:

1. Keep all loan closing documents together and in one secure place.

2. Store all correspondence from the lender, especially letters claiming the loan is in default.

3. Maintain a detailed call log of all conversations with anyone about the loan.

4. Do not assume the company foreclosing is the true owner of the loan.

5. Contact an attorney as soon as possible, especially if your loan is a refinance nearing its 3-year anniversary.

Rather than continue in the mortgage industry after his business closed, Doucet looked towards changing careers. He started law school in 2007 and worked as a freelance mortgage consultant to attorneys nationwide until his recent graduation from Capital University Law School, magna cum laude. In 2008, he published a book about defending foreclosure called, 23 Legal Defenses to Foreclosure: How to Beat the Bank, and published a second book in 2009 that integrated changes to the Truth in Lending Act. He held a foreclosure audit training seminar in Washington, D.C. for a team of attorneys, and regularly communicates with foreclosure defense attorneys nationwide who practice in foreclosure defense.

Troy Doucet practices in foreclosure defense and consumer litigation in the Columbus, Ohio region and can be reached at (614) 944-5219.

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Posted On: Columbus, OH November 20, 2010

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www.lawofficesofbrucerichardson.com Lenders knew or should have known substantial numbers of its subprime loans, especially absent prompt refinancing, would fail and result in foreclosure. Nonetheless lenders made the loans to promptly package and sell to the secondary market. Predictably, as a result of these predatory loans, scores of borrowers across America now face foreclosure, and many have already lost their home and savings. However, borrowers do have remedies to address their foreclosure related issues. The following is a list of some of the protections afforded homeowners under Federal and state law. FEDERAL PROTECTIONS – Truth in Lending Law – The Home Ownership and Equity Protection Act of 1994 – The Real Estate Settlement Procedures Act – Federal Fair Housing Act – Federal Equal Credit Opportunity Act – National Housing Act STATE PROTECTIONS – General Business Law (Deceptive Practices Act) – Existing Anti-Predatory Lending Laws – New Anti-Lending Laws enacted by State NON LITIGATION OPTIONS There are also options available other than other than litigating the foreclosure issues that can enable homeowners to keep their home. Such options are: – Negotiate the loan repayment with the lender – Short sale – Refinance with a new Lender – Seek reverse mortgage (if a client is a senior citizen – Consider a Chapter 13 bankruptcy Homeowners that act quickly have the best chance of being able to obtain remedies for their foreclosure related issue and ultimately save …

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4. Foreclosure Solutions – Whats Happening for 2010-07-30 History Says Foreclosure Numbers Will Remain Elevated Analysts expect foreclosure rates to continue to remain...
5. Foreclosure Solutions – Whats Happening for 2010-08-23 Foreclosure starts hit record high for Fannie, Freddie loans Inman.comBy Inman News, Wednesday, July 28,...

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• Dancing Bear residences in foreclosure by Catherine Lutz, Aspen Daily News Staff Writer A German bank has filed for for.. http://dld.bz/nJwH #
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