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Short Sale Negotiations by our Real Estate Attorneys
Interested in a short sale but concerned a short sale might leave you vulnerable to the lender's collection attorneys. Here is our short sale negotiation program :
( If your property is in San Diego, Riverside or Orange County, we can customize our programs for you as we can list and market your home through our Real Estate brokerage.)
- We provide you with our upside down analysis
- Provides a recourse, non recourse, risk of a deficiency review
- Our attorney consults with you and creates a workout strategy designed to minimize your risks of deficiency, taxes and credit damage
- Advises you on the benefits and detriments of and timing of letting your loans go into default.
- Makes sure your short sale is conducted in the right squence of events
- Provides ways to modify your listing contract with your Realtor - to minimize your risks.
- In our opinon the California Association of Realtors short sale addendum does not fully protect the seller. We will make sure you are protected.
- If you have purchase money loan we explain your rights and what mistakes you must avoid.
3. - If you have recourse loans we make sure you understand how to apply pressure on the second before you start the short sale process. If you have already started the process we advise you on how to best minimize the financial harm you may face from a sold out junior lien holder.
4. - We review your tax exposure to loan forgiveness and capital gains. (but we don't do your taxes)
5. - We help you understand how the different pre-foreclosure options may impact your credit.
6. - We review your short sale package to make sure you are not providing too much information about your job and your assets to your lenders.
8. - We provide you with a short sale package protective cover letter.
- We will let you know what to do when a Notice of Default gets filed.
- We will review the closing documents to make sure you are protected from a deficiency.
- Our team will submit your short sale package, make sure it has been acknowledged and check to see if the lender needs any supplemental materials.
- Our attorneys will also personally negotiate with your lenders negotiators once a negotiator or "closer" or is assigned to the file.
- We will also customize a qualified written Request under RESPA to put pressure on the lender and let the lender know you are aware of your legal rights and that you are now well advised. These RESPA letters have helped many of our clients gain leverage against lenders like Bank of Amercia, Countrywide and others
- We will also coordinate the timing of an offer and if necessary the negotiations of a deed in lieu of foreclosure.
Contact us to learn more.
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Last Updated ( Sunday, 02 November 2008 )
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