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
You Can Modify Or Lien Strip Your Wholly Unsecured Second Mortgage In Chapter 13 Under The Current Law
/in Foreclosure & Loan Mod Blog /by Scott LaninIn this down real estate market and troubled economy, I think it is worth reminding homeowners of my blog post from this past March 09′ regarding lien stripping:
You Can Modify Or Lien Strip Your Wholly Unsecured Second Mortgage In Chapter 13 Under The Current Law
Homeowners with a second mortgage that is completely underwater may be able to have that lien treated as an unsecured claim in a Chapter 13 case.
If income and other assets are limited, this can mean paying unsecured creditors, including credit cards and the now unsecured second mortgage company, only a small percentage of what is owed. If a Chapter 13 plan is confirmed, the homeowner can save the home, prevent foreclosure, continue making regular mortgage payments to the first mortgage company, pay only a fraction of the unsecured debts (by paying the trustee through a court approved repayment plan), and save (discharge) possibly thousands of dollars in unsecured debts. For some homeowners, this effectively means that the legal fees and costs of filing a Chapter 13 case are free because they may save far more in debt than the case will cost.
If you are interested in learning more about whether you can save thousands and remove the 2d mortgage lien on your home, please call my office at (212) 764-7250 x 203 to speak with my paralegal to set up a free phone consult.
Why You Should Never Call A California Mortgage Loan Modification “Consultant” For Legal Help
/in Foreclosure & Loan Mod Blog /by Scott LaninHere is a special ethics alert on the growing problem of California “loan consultants.” [Hint: There is no such thing as a “loan consultant.” This is someone with a nice website who typically made money making bad loans a few years ago who now wants to make money modifying them and to engage in the unauthorized practice of law (a misdemeanor in New York)].
Mortgage Modifications And Servicer Abuses
/in Foreclosure & Loan Mod Blog /by Scott LaninThe AP is reporting on mortgage servicer abuses and how it affects the government’s loan modification programs. Here is the story.
MSNBC.com is reporting on the slow pace of loan modifications.
Despite this, mortgage loan modifications remain a very viable alternative. My law firm is working on many of these right now to try to help homeowners. The problems with the servicers and the slow pace only confirms that a homeowner is better off having a lawyer assist them. Only a lawyer will be able to provide legal advice regarding other alternatives such as Chapter 13, deed in lieu, litigating in the Supreme Court, short sale, etc. Every homeowner seeking a modification should have a backup plan in case their modification is not approved.
New Government Lifeline For Underwater Mortgages
/in Foreclosure & Loan Mod Blog /by Scott LaninThe NY Times is reporting that the government has a new mortgage program for underwater mortgages. Here is the article.
The Problem With Non-Attorney Loan Modification Firms
/in Foreclosure & Loan Mod Blog /by Scott LaninMSNBC.com is reporting on the growing problem of fraud by non-attorney loan modification firms, particularly in California. I have posted many articles on this subject. Here is the link. The moral is clear. If you have a legal problem, see a lawyer.
Foreclosure Rescue Scams And The Law In New York
/in Foreclosure & Loan Mod Blog /by Scott LaninForeclosure rescue scams target homeowners who are desperate. Read more