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Commercial Litigation & Appeals
Mortgage Foreclosure Defense
Loan Modification
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* 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
McCain Shocker – Proposes To Have Government Buy Mortgages And Modify Them
/in Foreclosure & Loan Mod Blog /by Scott LaninDid I hear Senator McCain correctly at the last debate? I think he is now proposing for the first time to have the government buy up $300 million in bad mortgage loans and rewrite them/modify them based on the current decreased market value. I doubt that this will happen but it did seem like a very un-Republican stance for him to take. It seemed to come out of nowhere and appears to be an attempt to appeal to middle class voters. For the moment, there appears to have been very little done to actually help homeowners. Chapter 13 remains the best option for many.
Bailout/Rescue Plan Not Likely To Have Any Direct Immediate Impact On Financially Troubled Homeowners
/in Foreclosure & Loan Mod Blog /by Scott LaninThe National Association of Bankruptcy Consumer Attorneys (NACBA) has reviewed the Wall Street bailout and said that “the final package fails to put in place any new meaningful measures to help hundreds of thousands of American families struggling to stay in their homes.” Apparently, the banking industry blocked attempts to include provisions that would have helped stop foreclosures. Here is an article on the Wall Street Journal’s site summarizing NACBA’s statement.
Bailout ignores all the empty houses
/in Foreclosure & Loan Mod Blog /by Scott LaninHere is a good blog post on msnbc.com called “Bailout ignores all the empty houses”
The $700 Billion Bailout, The Problem With Short Sales and The Benefits Of Chapter 13 – What Does It Mean For The Homeowner?
/in Foreclosure & Loan Mod Blog /by Scott LaninEveryone has been hearing about the government’s unprecedented $700 billion bailout of the financial industry, coming in the wake of the Lehman Brothers Chapter 11 bankruptcy (the biggest bankruptcy ever). Congress is debating the terms of any possible bailout. One of the issues that may be on the table is a revision to Chapter 13 bankruptcy laws to finally allow borrowers to modify the terms of a home mortgage, something that is currently prohibited under the law. Meanwhile, many people are still filing the typical 13 case where mortgage arrears are cured over a 5 year period with monthly payments or where the home is simply surrendered in full satisfaction of the debt. Read more
Beware Of Foreclosure Rescue Scams From Non-Attorneys
/in Foreclosure & Loan Mod Blog /by Scott LaninI have blogged on this topic before but it appears to be a continuing problem nationwide. Too many homeowners misplace their trust with unlicensed and unregulated rescue companies. These companies promise the world, offer incorrect legal advice (or omit the parts of the law that they don’t understand or cannot assist with such as litigation defense and bankruptcy), practice law without a license, and sometimes commit outright scams to steal equity. The companies have innocent sounding names and appear to be quite helpful to the layperson but the consequences of dealing with them are often disastrous. New York State was so concerned about this that it passed the Home Equity Theft Prevention Act in 2007 which placed strict limitations and requirements on certain types of foreclosure rescue transactions.
If you want to read my past posts on rescue scammers, use the “Find” tool on the right side of this page and search under “rescue.”
Here is a new article from MSNBC.com on the subject.
A Question For Potential Chapter 13 Debtors – If You Weren’t Paying The Mortgage, Where Did Your Money Go?
/in Foreclosure & Loan Mod Blog /by Scott LaninIf you are considering filing Chapter 13 to stay a foreclosure sale, you should expect your attorney and maybe even your trustee to ask this question: If you haven’t paid your mortgage in the last 12 months, where did all the money you earned go? Lawyers know that once a mortgage goes into default, the lender will not accept payments (except through a forbearance agreement or workout). So, there should be some period of time where a borrower can save some of the money that would otherwise be earmarked for the monthly mortgage payment. I always ask new callers where did their money go? It is alarming how many people cannot answer this question. Read more