A Short Sale occurs when a borrower sells their property for a sales price less than the amount owed to their lender. The lender must agree to the short sale before it can be approved. It can be extremely difficult to get a short sale approved. That's why you need to hire experienced attorneys that possess the knowledge and wisdom to expedite the short sale process.

CAPITAL LAW CENTER, Robert W. Carlson & Associates, P.A. has the experience and knowledge to get your short sale approved quickly. We have succeeded in getting over a dozen short sales approved in the last 60 days and have over 30 years experience dealing with banks and lending companies. Our goal is to get your short sale approved quickly so you can avoid foreclosure (which will affect your credit more than a short sale). When your short sale is approved, your home is sold, the mortgage is paid off and you avoid a foreclosure or a bankruptcy.

What are the Benefits of a Short Sale?

1.      A Short Sale can help you save your credit

2.       It can help you stop a foreclosure and avoid a deficiency judgment

3.      It can reduce the stress of finding funds to pay your mortgage payments

4.      It is the faster solution to the mortgage foreclosure process

If you are interested in learning more about short sales and whether it's right for you, contact our office today. You need the experience of a real estate lawyer that specializes in short sales. We will negotiate with the lender for you, work out any liens you might have, set up your short sale deal, and take care of any possible problems.  

WHY SHOULD I FIGHT MY FORECLOSURE?

If you have been served with a complaint to foreclosure on your home, your options are limited. First, you can negotiate with your mortgage company to reinstate the mortgage. Secondly, you can file a Chapter 13 bankruptcy. Thirdly, you can sell your home or attempt to refinance. Fourthly, you can give up and get out of your home. Finally, you can fight the foreclosure. The first two options assume that you can afford your current monthly payment, and selling or refinancing your home may be impossible if you have little equity, negative equity, or poor credit scores on your credit report. Many homeowners, especially those with sub prime mortgages, can no longer afford the mortgage payments, even if the mortgage were current.  This makes a Chapter 13 bankruptcy nearly impossible. Even if you are behind on your payments, and cannot afford the current monthly payment, you should contact us to fight the foreclosure. While you are litigating the foreclosure case, you are not required to make your normal monthly mortgage payments. The legal process will afford you time to modify your mortgage, reinstate the mortgage, sell your home, file a bankruptcy or move out. Most importantly you should know that you may be able to force the lender to completely rewrite the terms of your note and mortgage, enabling you to keep your home. This may sound too good to be true, but you may actually have valuable defenses and counterclaims against your mortgage company that could actually prevent foreclosure and even require your lender to pay you damages.

Across the country, judges are punishing mortgage companies for incomplete record keeping and for violations of the Truth In Lending Act. You may be able to allege valid defenses including fraud and Truth In Lending Act violations. Are you aware that your mortgage company is probably not the same company that actually loaned you the money to buy or refinance your home? How do you know if the mortgage company suing you has been properly assigned your note and mortgage? Your mortgage company may have failed to properly assign the note and mortgage before initiating the foreclosure.

Does your foreclosure complaint even have copies of the note, mortgage and purported assignment attached? Most likely, these documents are not attached, and may not even be in the possession of your mortgage company. Your mortgage company may be attempting to substitute your original note and/or mortgage with a purported copy. This is called a “Count to Establish Lost Documents." There are strict legal requirements to establish a lost note or mortgage, and your mortgage company may be unable to meet the requirements if challenged. If your current mortgage company is not your original lender, it probably has never read your mortgage. Your mortgage may require that the plaintiff accelerate (i.e. demand) the entire balance of the note. Your mortgage company may have failed to do that, which may entitle you the opportunity to cure the mortgage by paying the reinstatement amount. It is also common for mortgage companies to inflate the balance due on the mortgage by charging homeowners junk fees, such as Broker Price Opinions (BPO), property inspections and other "property preservation expenses." So, essentially, your mortgage company may have filed an improper foreclosure lawsuit, but your time is limited.  If your property is in a “judicial” process state, you have or will be served a copy of the foreclosure complaint by a process server. You typically have only 30 days to respond to the mortgage company's complaint, so you need to see an attorney immediately if you wish to defend against the foreclosure. If you are beyond the thirty days, there are still defenses that can be raised.   If you live in a “non-judicial” process state, you have even less time as the property may already have a confirmed sale date. 

Call us immediately for a FREE consultation at 1-866-533-2533 and help us, help you!