Using the “Produce the Note” strategy in short sales

There is circulating a popular legal concept for the homeowner to require the lender to produce the original promissory note in the event of impending foreclosure.   The lender who is the holder in due course (this is legal speak for the entity that actually owns the Promissory Note) must prove that the debt is due Continue reading...

 

New TILA law may increase time required to close

There is a new Truth In Lending law which took affect this month (August, 2009) that will likely cause additional time needed to close in normal closings, but also in many short sale transactions.
Under this law, there is a 3 day delivery time period plus the 3 day right of recission period to review the Continue reading...

 

Negotiating: intuitive skill or requires formal training?

I just received a featured blog that posed the theory that there is a difference between bluffing and good negotiation.
That statement right there indicates the author does not understand the principles, concepts, and techniques of negotiation. I have about 14 years of law enforcement experience. When I obtained my doctorate in law and went to Continue reading...

 

Short sales: How to market to distressed homeowners

I keep reading about the huge statics of homeowners, in the millions, who go through foreclosure, but in the thousands of short sales. There is a very large disconnect happening between the marketing activities of Realtors and the listings they obtain compared to the huge numbers of foreclosures. The marketing activities are just not reaching Continue reading...

 

Earnest Money: In short sales, who gets it when buyers walk?

I was asked to comment on what to do when buyers walk away upon receiving approval of a short sale, specifically whether they may be entitled to get their earnest money back.
Actually, this is part of a larger issue. But, let’s take this step by step.
When buyers submit an offer on a property, it Continue reading...

 

It’s about time…er, time management, that is

A number of you have called and in our discussions it becomes clear that many agents have so much to do and so many interruptions that it is difficult to get everything done and still find time for your families.  The solution is time management.
I first attended time management training about 35 years ago when Continue reading...

 

How to find the right bankruptcy attorney to help get a short sale approved

I wrote a blog on June 27 concerning using a bankruptcy Chapter 13 to enable a short sale to be approved. That blog can be found here by going into the June archives or at this address: http://lawsongroupmediation.com/?m=200906. The information in that blog is quite valid and timely.
But how do you find the right Continue reading...

 

Threatened legislation could help short sales

In April, the Senate defeated a bill to permit mortgage cramdowns, which would have allowed a bankruptcy court to forcible modify a mortgage.  Recently, however, Barney Frank (D-Massachusetts) threatened to resurrect cramdown legislation after Treasury announced disappointing results of their modification efforts.  Frank stated that if the lenders do not increase the modifications he and Continue reading...

 

New law allows foreclosed homeowners to rent the home they lost…bad idea!

During the last week of July, congress passed legislation expanding a program aimed at allowing homeowners to rent the homes post-foreclosure.  The lenders prefer foreclosure over short sales (see prior blogs), so they will be strongly promoting this program as an alternative for homeowners.
What they will fail to emphasize, or perhaps even disclose to the Continue reading...

 

Reducing stress for short sale Realtors

Short sale Realtors all have the same in common:  the length of time it takes to obtain approval adds a lot of stress to your life.  This stress affects your health, your marriage, and your overall quality of life.
This blog is intended to provide some recommended steps you can take to reduce that stress, strengthen Continue reading...

 
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