The attorneys at The Christine Thea Rubinstein Law Firm 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 Christine Thea Rubinstein Law Firm are there for you and your family.
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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 Christine Thea Rubinstein Law Firm can refer clients to a qualified tax professionals, within our own office, who can properly prepare such tax returns after a Short Sale.
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 The Christine Thea Rubinstein Law Firm 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 Christine Thea Rubinstein Law Firm.
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 1-800-200-1529 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.
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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 decision for you and your family.