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Before others were promoting Walk Away Plans we were providing Californians with our Upside Down Analysis.
Should just walk away, should you consider a short sale or deed in lieu of foreclosure?
Risks you may wish to consider:
1. Deficiency - will you money to your lender or its assigns for the balance of your loan;
2. Taxes - will you owe the IRS or the CA Franchise Tax board money; Will you be able to exclude loan forgiveness income from your taxes? How about capital gains? How will the type of workout you chosse impact you taxes?
The California Association of Realtors legal department warns Realtors a short sale may have significant tax consequences. For some CA homeowners a foreclosure may be a much less expensive option. (California's mortgage debt forgiveness law is not the same as the federal mortgage debt forgiveness law; and
3. Credit - How will your different workout options damage to your credit score. What can you do to avoid the damage entirely? Is a short sale less damaging than a Deed in Lieu of Foreclosure?
Our Upside Side Down analysis give you the answers you need to make an informed and wise decision.
Once you have completed our upside down analysis you will know if you should Walk Away and accept a foreclosure or if may prefer to negotiate a deed in lieu, a short sale or a Short payoff. Our upside down analysis gives you the important information you need to make that decision.
Our Upside Down Analysis - will provide you with the following answers
1. What happens if you stop paying your home loans
2. A time line of what to expect
3. Are you exposed to a deficiency judgment to the first lender after a foreclosure, short sale or deed in lieu.
4. Are you exposed to a deficiency judgment to the second lender after a foreclosure, short sale or deed in lieu.
5. Should you stop paying the first and not the second or the second and not the first and why.
6. We will give you an opinion drafted by our attorneys regarding California anti deficiency law and whether or not your are protected.
7. We will give you an analysis of your exposure to taxation.
8. We will explain how your credit may be damaged and what you can do to minimize.
We will help decide if there are other remedies you should pursue such as, loan modification, lender liability law suits, RESPA requests and lawsuits designed to stop a foreclosure.
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