Loan Modifications * Short Sale * Foreclosure & Bankruptcy Defense
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Castiglia-Rubinstein & Associates devotes a significant part of their firm to the area of short sale and foreclosure defense on first or second lien home equity loans and mortgages. We provides a wide range of short sale and foreclosure defense services representing home owners and sellers in transactions involving commercial and residential property short sales and foreclosure defense and foreclosure litigation. Our attorneys are not only trained in handling simple short sale and foreclosure defense matters, we take care of complex foreclosure negotiation and litigation in the event of foreclosure or answers to service from a summons and complaint in Nassau County, Suffolk County, Queens County, Bronx, Westchester, Richmond County, Manhattan and Brooklyn Kings County New York. From initial negotiations to closing, including drafting of documents, monitoring contingency periods, and possible closing issues such as insufficient equity on a second mortgage or a home equity line of credit, pre-possession agreements the law offices of Castiglia-Rubinstein & Associates are there for you and your family.
Call 1-800-960-1529 today.
Our Home Sellers can Get Paid in a Short Sale!
Many people find themselves falling into default, or are already in default, and don’t realize that there are options available before the bank takes their house away. A short sale is an excellent way to avoid foreclosure and can offer you more time to live in your home, free of mortgage payments and we may be able to have the bank give you a lump sum cash settlement to ease the burden and cost of moving. In certain situations we can also offer a homeowner creditor protection as well.
Remember, a short sale can work for you as long as it is done properly by a qualified attorney.
A Short Sale or Short Pay is when the lender agrees to accept a sales price of fair market value for your property despite the loan or loans totaling more than what the property is worth. In this scenario, the lender takes a loss on the property and writes off the difference between what was owed on the property and the final real estate short sales price. In most cases, the lender takes less than what is owed on the property to fully satisfy the first or second mortgage loan or home equity line of credit.
WHY WOULD A HOMEOWNER / BORROWER WANT TO DO A SHORT SALE?
Short Sales are a benefit to consumers because they stop mortgage foreclosure and during the negotiation process we can be hired to negotiate and prevent the lender from suing you for a deficiency judgment. A deficiency judgment is the difference between what the lender would have received under the mortgage note contract and what the property actually sells for. This shortfall is often more than $100,000. By entering into a voluntary agreement with the lender, you ultimately stop foreclosure and your credit report does not merit a FORECLOSURE entry. This puts you in a much better position to qualify to buy another property in the future.
WHY WOULD I HIRE AN ATTORNEY TO DO A SHORT SALE FOR ME?
Negotiating a Short Sale is a difficult process, generally because the lender will require certain documents and information, but too much information or documents in the wrong format can completely destroy a transaction. Specifically, the lender will require documents demonstrating the property value, and then will verify such value with a broker’s price opinion, also referred to as a “BPO”.
Additionally, the lender will ask for financial information about the borrower. The borrower must now convince the bank that they are insolvent and simply cannot make the payment going forward. Think of it as a backwards loan application. It is important to give the lender precisely what they want at this stage without lying (often including bank statements and tax returns), but also paint a grim picture of the borrowers financial circumstances.
WHAT ARE THE TAX IMPLICATIONS OF A SHORT SALE?
The tax situations of individual borrowers are different, but in general, any 1099 income generated by a Short Sale is usually offset by the loss the borrower took on a bad investment. Often, critics of Short Sales look only at the 1099 income without considering the benefit of the offsetting deduction for the loss on the property. The bottom line on taxes is that the tax year in which the borrower completes the Short Sale is a complicated one, and it is critical to have a Certified Public Accountant prepare taxes for that year. It is easy to miss the deduction. Don’t attempt to do a short sale on your own without an attorney. We are here to help you through the entire short sale process. The Law Offices of Castiglia-Rubinstein & Associates can refer clients to a qualified tax professionals, within our own office, who can properly prepare such tax returns after a Short Sale.
For the administration, there is also the concern that millions of foreclosures could delay or even reverse the economy’s tentative recovery — the last thing it wants in an election year.
To bring the various parties to the table — the homeowner, the lender that services the loan, the investor that owns the loan, the bank that owns the second mortgage on the property — the government intends to spread its cash around.
Under the new program, the servicing bank, as with all modifications, will get $1,000. Another $1,000 can go toward a second loan, if there is one. And for the first time the government would give money to the distressed homeowners themselves. They will get $1,500 in “relocation assistance.”
Should the incentives prove successful, the short sales program could have multiple benefits. For the investment pools that own many home loans, there is the prospect of getting more money with a sale than with a foreclosure.
For the borrowers, there is the likelihood of suffering less damage to credit ratings. And as part of the transaction, they will get the lender’s assurance that they will not later be sued for an unpaid mortgage balance. For communities, the plan will mean fewer empty foreclosed houses waiting to be sold by banks. By some estimates, as many as half of all foreclosed properties are ransacked by either the former owners or vandals, which depresses the value of the property further and pulls down the value of neighboring homes.
If short sales are about to have their moment, it has been a long time coming. At the beginning of the foreclosure crisis, lenders shunned short sales. They were not equipped to deal with the labor intensive process and were suspicious of it. Now with the government intervention of the current administration, short sales are more widely accepted and welcomed.
What Do I Need to Know When Considering a Short Sale?
While every case is different, you should be prepared to deal with the following:
- What is your home worth?
- How much can you afford to pay monthly?
- Are you currently behind on your mortgage?
- Is your income going up or down?
- How long do you need to stay in your present home?
- How can I save my credit?
Determining If a Short Sale Is Right for You
The lawyers at Castiglia-Rubinstein & Associates can help you navigate through the ruff financial waters of creditor harassment and foreclosure defense. If your mortgage is in the arrears and you are struggling or unable to make your mortgage payments a short sale may be your best option. If you are late or in default on credit card, medical, insurance, or utility bills, filing for chapter 7 bankruptcy or chapter 13 bankruptcy may be your best option. If you want to save your home you may want to request court intervention with a mortgage loan settlement conference hearing. This will allow you to tell your story to a judge with your attorney present, and your bank present. You should know you have certain legal rights and must be very selective of the Lawyer or Law Firm that you chose to represent you. Have an attorney council you on the right decisions for your family.
Talk to a foreclosure defense lawyer today at the law offices of Castiglia-Rubinstein
We are dedicated to your success so contact us. Speak with one of our knowledgeable Long Island short sale, foreclosure defense, and foreclosure litigation attorneys today from wherever you are in New York in Nassau and Suffolk, Bronx, Staten Island, Richmond County, Brooklyn, Kings and Queens Counties, on Long Island and all New York City boroughs.
Call 1-800-960-1529 today.
Get Help With Your Short Sale Now
The first thing that you have to understand with the short sale process is that you have to be prepared; because you have only one chance of submitting your Short Sale correctly the first time.
You should know that you have certain legal rights and you must be very selective of the Lawyer or Law Firm that you chose to represent you and your family with your short sale.
Have an Attorney council you on the Right Decision for You.