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Mortgages in Bankruptcy: Who really is the Real Party in Interest? »

Who really owns the mortgage? Do you really know? How many times has it been sold? How many times have its servicing rights been sold? Where is the underlying note? Is it perfected?
If a Bankruptcy is filed, who is the proper party in the Bankruptcy? Who really is the real [...]

Do Loan Workouts Really Work? »

So many times I see clients seeking a loan modification or loan workout for their mortgage(s).  In most cases, these are very dangerous, and usually only put off the inevitable fact that the borrower can not maintain payments on the property.  The workout/modification is just a temporary bandaid in most cases.
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Mortgage Chaos? Add a Bankruptcy and It’s a Recipe for Disaster! Part II »

My last article laid out the framework for the bankruptcy real estate cocktail. This article will attempt to predict how that cocktail will be served and its ramifications. Remember, this recipe for disaster requires two things: a “Non-Perfected” Mortgage and a Bankruptcy.

Mortgage Chaos? With Bankruptcy Laws, You Have Seen Nothing Yet! »

There are many bright Real Estate Attorneys out there. Likewise, there are many bright Bankruptcy Attorneys out there. But I don’t think there are that many bright Bankruptcy Real Estate Attorneys out there. And the few that do exist…..well, I don’t think they worked for the Mortgage Companies.

Why Not Just Stop Paying Your Second Mortgage In California? »

This question has been bouncing around in my head for the last six months. The question stems from the problem most underwater California homeowners have: they are personally liable for their second mortgages because they are not PURCHASE MONEY LOANS. They want to let it go in foreclosure, but they will be liable to the [...]

Life after Foreclosure in California »

“So What Happens If I Let My California House Go Back To The Bank?”
We get this question a lot. The answer is, IT DEPENDS.  Generally, one of the following happens:
1. You still owe the bank a big slug of money;
2. You have a big income tax bill with no cash to pay it;
3. You owe the [...]