Foreclosure Defense

Foreclosure Defense

 

If your home or other property is in foreclosure or you are moving in that direction, you absolutely need the counsel of an experienced real estate attorney who can advise you of your rights and options. Do not allow the bank to simply take your property and ruin your credit. Fight for your rights. The cost of legal representation is surprisingly small in comparison to what you stand to lose, and what you have to gain by resisting. When you are served with foreclosure papers, you may feel that your life is in freefall and not want to deal with the problem, but you must take control of this situation. Let this office provide the legal representation that you need. The initial consultation is free. You will find that you have a surprising number of options that you may not have known were available to you. Protect your rights, your home and your credit. Don’t hesitate to call.

 

Short Sales

By now, we all know what a short-sale is. Here in South Florida, practically all of the real estate being sold is going for less than the seller owes on the property, and almost every deal requires a submission to the seller's lender for approval. Realtors have the choice of trying to negotiate the deal with the lender themselves, or have an attorney submit and negotiate the package on behalf of the seller. A broker or agent is well advised to consider using an experienced real estate attorney for this purpose. There are many reasons for this; I will mention only a few here. First: there is a lot more at stake here for the seller than just the closing on the property. There is the matter of the deficiency. Is the lender(s), first or second, going to waive the deficiency or just release the lien and allow the underlying debt to remain in place until some later date? Second:  There are serious tax issues involved here. Unless the property is the seller's primary residence, he is going to get a 1099 for forgiveness of indebtedness income on any waiver of deficiency. Are you going to tell him or her this? Doubtful. You won't want to tell the Seller anything that might discourage him from giving you the listing. Furthermore, the Seller needs to know that the amount of income tax he is going to owe is directly related to the sales price of the property. The Seller may think that he doesn't care what the property goes for, since he is not getting any of the proceeds, but come tax time, he will care and if you haven't informed him, he will blame you. Who else is there? That is about the time when terms like negligence and unauthorized practice of law get bandied about. Third: Often the Seller has either been or will be served with foreclosure papers. Are you going to defend the action on his behalf? Are you going to enter your appearance in the case? No, you are going to call the lender, who will tell you not to worry, just present a contract and it will be considered. What they mean is get us a contract before our attorneys sell the property at judicial auction and maybe you have a deal. You are going to tell the Seller not to worry, that the deal will be done in plenty of time. What if it is not? Again, you are placing yourself in a professionally compromising position with very much to lose. So what does it cost you or your client to engage the services of an attorney to submit your short sale proposal? Absolutely nothing. What do you lose in fees by not handling this part of the work? Absolutely nothing. You are insulating yourself from claims of negligence, incompetence, and the unauthorized practice of law and you are showing your professionalism to your client by insisting that he be represented in this serious matter by an attorney. So why would you not always use an attorney to do your short-sale submissions? Absolutely no reason at all.

 

Are You Being Barraged By Calls From Your Creditors? We Can Help Stop The Harrassing Phone Calls Today!

The Fair Debt Collections Practices Act (FDCPA) provides two ways to stop a debt collector from calling a consumer.

If the consumer notifies the debt collector in writing that the consumer refuses to pay the debt or that the consumer wishes the collector to stop calling, the collector must cease calling after one final communication. 15 USC § 1692(c).

If a debt collector knows that the consumer is represented by an attorney and knows or can readily ascertain the attorney's name and address, the debt collector may not communicate with the consumer unless the attorney fails to respond to communications within a reasonable period of time. 15 USC § 1692c(a)(2).

The FDCPA cannot be used to stop direct collections from creditors because it is applicable only to third-party debt collectors.

 

Section 1692g requires that a debt collector send a written "validation" notice along with the debt collector's initial communication to the consumer. The notice must contain the following: 1) the amount of the debt; 2) the name of the creditor; 3) a statement that unless the consumer disputes the validity of the debt within 30 days of receipt of the notice it will be assumed to be valid, and 4) information that verification of the debt will be obtained if the consumer disputes it.

 

Debt collectors must convey the validation notice in a legible manner that will be noticed. Any debt collector that fails to comply with the provisions of the FDCPA is liable to the consumer for any actual damages and for up to $1000 in statutory damages. 15 USC § 1692k(a)(1)-(2). The consumer may recover the costs of the action and a reasonable attorney's fee as determined by the court. Actual damages include compensation for emotional distress. State law requirements for recovery of negligent or intentional infliction of emotional distress are inapplicable. See Maxwell v. Fairbanks Capital Corp., 281 B.R. 101 at 118 (noting that the appropriate standard for judging unfairness of debt collection practices is from the perspective of "the least sophisticated debtor," suggesting that damages for subjectively-experienced emotional distress could be recoverable even if that distress is grater than what an ordinary debtor might experience"

 

 

 

The number is 954-462-7393.

 

Michael H. Hirsch, P.A.

Attorney At Law - Serving the People of Florida since 1989

Micheal H Hirsch P.A. Attorney At Law

Copyright © 1989 - 2015  MHirschLaw.com

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