LOSS MITIGATION, SHORT SALE OR DEED IN LIEU
If you are struggling to make your mortgage payments or are in danger of falling behind on your mortgage, you can sell your house, even if you owe more than it is worth. You can walk away from your underwater mortgage, receive relocation assistance and have your deficiency judgment waived if you qualify.
If your intent is to walk away from your home, we will represent you in negotiating and finalizing a Short Sale or Deed in Lieu. The advantage of these Loss Mitigation options is that we work with your Lender directly. You don’t have to be behind in your payments to qualify, but if you are or have a pending foreclosure action, it will be dismissed once the Short Sale or Deed in Lieu is completed.
A Short Sale is when your Lender agrees to take less than what you owe on the unpaid balance. A Short Sale can provide mutual benefits for both the homeowner and the Lender, avoiding a Foreclosure Judgment against you. In a Short Sale, you are helping the Lender sell the property to a third party. If you owe more on your home than it is worth, a Short Sale Lawyer will negotiate on your behalf directly with the Lender to forgive the difference, which is referred to as a “Deficiency”. Our Short Sale Attorney will handle your short sale from the beginning until closing to ensure the Deficiency is forgiven and ensure that the Foreclosure action will be dismissed. We will also determine whether you qualify for any Government Short Sale programs. A borrower, tenant or other non-borrower occupant who occupies the property as a principal residence that is required to vacate as a condition of a short sale may be eligible to receive relocation assistance at closing.
It is critical that while you are going through the Short Sale process, you are represented by a Foreclosure Defense lawyer defending the Foreclosure action.
Each Lender has their own Short Sale application process. We apply for and submit all of the necessary documents to your Lender on your behalf. We will list your property for sale and work directly with your Lender in negotiating the Short Sale contract. We will keep you informed throughout the entire process. We will perform the closing services at our office, at NO COST TO YOU. We have an in-house Title Agency which works directly with the Attorney and real estate broker, which allows us to have control over the entire process, thus keeping you informed every step of the way.
Lenders have the option to collect any deficiency at a later time. Even if the Lender does not pursue collection of the deficiency, they have the option of selling the deficiency, who may file a lawsuit against you at a later time. An experienced Short Sale Attorney can ensure that the deficiency is waived. Therefore, you will not owe anything to the Lender once your Short Sale is complete.
We charge a FLAT FEE for Foreclosure Defense, Loss Mitigation and Deed in Lieu. If additional services are required, we will let you know up front, so that there are no surprises. Many Foreclosure Defense Lawyers charge a monthly fee, with no cap, but may not disclose that a Foreclosure action typically takes one year or more. It is important that you understand that a Foreclosure action must be defended, regardless of whether you are simultaneously applying for a Short Sale or Mortgage Modification. They are two separate processes.
Do you want to keep your home but you can’t afford your current monthly mortgage payment?
If your intent is to keep your home, as part of your free consultation, we will determine whether you pre-qualify for a Mortgage Modification. If you pre-qualify, we will apply for and attempt to obtain a Mortgage Modification with your Lender. If you have a pending Foreclosure action, and we are successful in helping you obtain a Mortgage Modification, your Foreclosure action will be dismissed. Some of the benefits of a Mortgage Modification are:
You don’t have to have good credit to qualify
Your interest rate may be reduced as low as 2%
You may qualify for a principal reduction
Your loan will be modified so that you can afford your new monthly payment
Once approved, the Foreclosure action will be dismissed
Have you applied for a modification and already been denied? Have you spent months sending the same documents over and over again and feel overwhelmed by the process?
If you have already applied for a mortgage modification but were denied, you shouldn’t give up. There are specific Lender guidelines which determine whether your mortgage modification should be approved. Moreover, each Lender has their own mortgage modification process and any documents requested must be submitted in a timely manner.