OUR SERVICES
Commercial Litigation & Appeals
Mortgage Foreclosure Defense
Loan Modification
Business Law
* CONSULTS
Cases and disputes can vary in complexity. Some can be handled in a routine 20 minute phone consult. More complex matters will require time to review and analyze documents and legal issues. If your matter is more complex, we may offer you a paid one hour consultation or hourly services, depending on the time needed to properly evaluate your situation. We always require a signed retainer agreement before we begin to provide legal services. The agreement will detail the scope of services included as well as your rights as a new client.
CONTACT US
Lanin Law P.C.
330 W 38th St., Suite 506
New York, N.Y. 10018
(212) 764-7250
*on W38th St. between 8th and 9th Avenues, walking distance from Port Authority, Times Square, and Penn Station
Escaping From An Adjustable Rate Mortgage Is Not Easy
/in Foreclosure & Loan Mod Blog /by Scott LaninThe Bergen Record has an interesting article about the difficulties property owners are facing trying to refinance adjustable rate mortgages into fixed rate loans. Many people are now in foreclosure because they took interest only mortgages that kept their beginning mortgage payments artificially low. Many of these “ARMs” are now resetting and the mortgage payments are increasing to levels that are not affordable. Read more
More On Foreclosure Rescue Scams – Be Careful Who You Trust
/in Foreclosure & Loan Mod Blog /by Scott LaninBusiness Week has posted an article on foreclosure rescue scams. The bottom line here is that homeowners should stay away from unlicensed real estate speculators, especially those who are “doorknockers.” Many of them will outright lie to a homeowner to get their deed. Instead, consult a licensed attorney with foreclosure experience for help. Read more
Ameriquest – Predatory Lending Settlement
/in Foreclosure & Loan Mod Blog /by Scott LaninFor property owners and attorneys who are dealing with Ameriquest, Ithought it would be useful to post an article about the settlement regarding the allegations of predatory lending. Here is the article from The Business Review: Read more
If It Sounds To Good To Be True . . .
/in Foreclosure & Loan Mod Blog /by Scott LaninForeclosure rescue scams are out there in abundance. My clients get calls, letters and knocks at the door from people who just want their house. But they will never tell that to the homeowner. In fact, they usually say the exact opposite. Many of the scams fall into two main categories: (1) Pretend help/consults; and (2) fake leasebacks/refinancing or bait and switch. Read more
The Automatic Stay and The Not So Automatic Stay
/in Foreclosure & Loan Mod Blog /by Scott LaninMany clients come down to last few days just before a foreclosure sale. There are many reasons why things go to the last minute. Some have been trying to refinance. Others want to sell. Others are waiting for that friend or family member to save them. Often, the solution lies just around the corner but the homeowner is running out of time. Many homeowners choose to file Chapter 13 as a way to stop the sale and to make a repayment plan that will reinstate the mortgage. This invokes the automatic stay, which is effectively an injunction or restraining order against the lender. It is important primarily because it is automatic, meaning that the debtor/homeowner need not file any motion or have any court hearing to get this relief. Just filing the bankruptcy petition is enough. But not always . . . Read more
Why Would You Call An Out of State Non-Law Firm Company For Legal Advice?
/in Foreclosure & Loan Mod Blog /by Scott Lanin“HomeSavers USA, Inc., is not a law firm. We do not give legal advice. These guidelines are not to be construed as legal advice or the practicing of law.”
This is what it says on homesaversusa.com’s site. I cannot tell you how many clients have come to me after consulting with and paying an out of state counseling service like this for help. Since these types of companies cannot file Chapter 13, cannot litigate in court, cannot find you a buyer, and cannot refinance your home – because they are not licensed attorneys, real estate brokers, mortgage brokers, or lenders – what the heck can they do?! Not much. They can only try to help you with a “workout.” However, without the ability to offer the homeowner any other options, this “solution” is not really very good. All leverage against the mortgatgee is lost – the homeowner has no fall back strategies and cannot realistically threaten to file bankruptcy or litigate. In my opinion, and this is only an opinion (protected by the First Amendment right of free speech), I think going to an out of state workout company is a waste of valuable time and money. Many, many clients have come to me with stories of fees paid and time lost with no results. I am not saying homesavers has done this but it is scary that they come up in the top 10 results on a google search of “mortgage forclosure.” To think that unsuspecting homeowners may call them for legal help.
In my view, what these types of companies do is the unauthorized practice of law. They purport to “represent” a client and negotiate and enter into a workout contract (possible loan modification) on behalf of the client. This is giving legal advice regardless of the tiny 6 point font disclaimer hidden at the bottom of a webpage. Last time I checked, this required 4 years of college, 3 years of law school, passing the bar, and gaining experience as a licensed attorney. How is it that homesavers or anyone else can try to do this in New York or anywhere for that matter? I wonder why the New York bar allows it.