Black & LoBello on AM720 KDWN

Tune in as Black & LoBello offers free legal advice on a wide range of topics

Click here to listen to the Legal Hour on KDWN AM720 from April 24th, 2013 in which Managing Partner, Tisha Black Chernine, Esq. discusses checks from the Multi-State Settlement (1:20)(13:30)(19:25), Homeowners’ Bill of Rights (6:00), HOA foreclosures (10:30), Cash for Keys program (15:45), credit impact of foreclosure (22:40), class action suits involving Fair Debt Collection Practices Act (26:50), rising Housing Price Index (30:00), transitioning out of a business (33:00) and statute of limitations for collections on a 2nd mortgage (37:00).

Please tune in to AM720 KDWN’s “Legal Hour,” every Wednesday, from 9 AM to 10 AM.  Listen live on the radio or online.   Feel free to call in with your comments or questions at 702-257-5396.

To listen to past shows, visit our Media page.

Black & LoBello on AM720 KDWN

Tune in as Black & LoBello offers free legal advice on a wide range of topics

Click here to listen to the Legal Hour on KDWN AM720 from March 13th, 2013 in which Managing Partner, Tisha Black Chernine, Esq. discuss wrongful military foreclosures (2:05), the lawsuit against Standard & Poor’s (4:30), getting mortgage loans with bad credit (9:45), rebounding housing market (14:00), “as is” real estate sales (15:45), how AB 284 affects the housing market (21:00) and banning sugary beverages (31:45).

Please tune in to AM720 KDWN’s “Legal Hour,” every Wednesday, from 9 AM to 10 AM.  Listen live on the radio or online.   Feel free to call in with your comments or questions at 702-257-5396.

To listen to past shows, visit our Media page.

Qualify for a mortgage with bankruptcy

Contrary to popular belief, acquiring a mortgage after filing for bankruptcy is not impossible.  The Federal Housing Administration insures mortgages despite bankruptcy, with seasoning requirements.

Time Frame

  • Per the FHA Guidelines, a debtor must wait at least two years after a Chapter 7 or 13 is discharged before you can qualify for a mortgage.
  • FHA makes an exception to the two-year waiting period for Chapter 7 filings. If you had to file due to extenuating circumstances beyond your control, such as a medical condition or physical disability that kept you out of work, you may qualify after a 12-month waiting period post discharge. FHA requires you to document responsible financial management in the interim.
  • You must obtain court permission to enter into the mortgage transaction after a Chapter 13, according to the FHA Handbook. Chapter 7 filings have no such requirement, although you must have reestablished good credit without incurring new credit obligations.

In closing, while bankruptcy will significantly impact your credit, you are able to obtain a mortgage within two years if the above requirements are met.

Randy M. Creighton, Esq.

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Bankruptcy and Divorce Seminar

Black & LoBello will host a seminar discussing Bankruptcy and Divorce on February 25th, 2011 at 10 AM.  This seminar is open to anyone seeking answers to the following questions:

• Can I file for bankruptcy during my divorce?
• Is it better to file before or after my divorce?
• What if my spouse files and I don’t, or vice versa?
• If my ex-spouse filed bankruptcy, am I liable for debts he/she agreed to be responsible for in the divorce agreement?

Seating is limited.  Please RSVP to ageller@blacklobellolaw.com

If a homeowner is “underwater” on the mortgage, meaning that the fair market value of the house does not equal the amount owed on the loan note, then the homeowner cannot sell the house through traditional means.  A traditional sale recoups sufficient funds to pay off the amount owed to the homeowner’s mortgage company or companies and hopefully make a little extra.  In order to sell an underwater home, a homeowner must conduct a “short sale.”   In a short sale, the homeowner attempts to obtain the mortgage company’s approval  to sell the house for less than the amount owed on the note.  The mortgage company must agree to release the lien on the deed in order for the buyer to purchase the house free and clear of the homeowner’s mortgage loan.

By way of illustration, if the homeowner owes the bank $200,000 on the note and can only sell the house for $100,000, the homeowner must seek approval of a short sale. The mortgage company must agree to release the lien on the deed for $200,000, or they buyer won’t purchase the house.  Next, the homeowner will want to convince the lender to waive the $100,000 still owed on the note, called the “deficiency” on the note.  Under Nevada law, for home sales made before 2009, a homeowner’s assets are liable in court to be seized in order to pay back the bank the deficiency amount.  Those homeowner assets include property, savings and income.  Short sales take a long time to complete.   If there are two loan on a home, it normally takes longer.  The banks average between four to six months to complete a short sale.    It is part of the mortgage company’s normal processes to confirm that the buyer can afford to buy the house before proceeding to closing.  The mortgage company will want proof that the buyer is prequalified to buy the property or proof of funds if the buyer intends to pay cash.

Nationstar Mortgage is imposing a new requirement on the buyer, one we are seeing for the first time.   In order to obtain approval from Nationstar to conduct a short sale, the application states that “all Buyers requesting a “Short Sale” on a Nationstar property must submit an application for Loan Approval through Nationstar Mortgage before an offer can be accepted on a property.  Applicants are not required to use Nationstar to fund their loan.  They buyer, however, does have to submit an application to confirm that they qualify for a loan and are in good credit standing.

Several buyers have already objected to the NationStar requirement.  They stated that they have no business relationship with NationStar and do not want to share all their financial information with them, especially since they have their own mortgage lender.   Some are refusing to participate and simply making offers on different properties.

Some buyers object to  giving away all their financial information to a company they have no business with.   Nationstar says that the buyer does not have to use Nationstar to fund the loan.   So what is the problem if buyers can use their own lender?  Well, sometimes they can’t use their own lender.

The Nationstar application also states that “in the event that an outside lender is unable to close a loan by the scheduled deadline, an extension will be granted only if Nationstar Mortgage assumes the loan process so that we can be assured that the transaction will be closed in a timely manner.”

Remember, short sales can take four to six months.  That delay is completely within the control of the homeowner’s mortgage company.  It is the homeowners’ loan holders that routinely cause delays in short sales, by taking too long to consider the application that they buyer’s withdraw their offers, losing documents, requesting new documents after the previously submitted documents have “expired” and constantly requiring submissions of new pay stubs, new bank statements and the like.  When they finally approve a short sale and agree to release the lien, the lenders routinely set unrealistically short deadlines to close escrow, forcing homeowner’s to request extensions in most instances.

This requirement has the potential to force buyers to drop their own mortgage company and take out a loan from Nationstar in order to close the deal.  There is something about that idea that, so far, has caused several buyers to say “forget it” and drop the short sale.  As buyer’s object to this requirement, it has the potential to delay or kill short sales of properties with NationStar mortgages.   If it catches on to other lenders, it could make the already frustrating short sale process even harder to complete.

Carlos L. McDade, Esq.

Nevada Probate Basics

What would happen to your assets if you died today?  A proper estate plan can be the difference between an efficient, expeditious, and inexpensive distribution of your estate and an administration that takes years and costs tens of thousands of dollars.  In Nevada, there are several mechanisms that can be implemented to avoid the expense of probate entirely.
When people do not establish a trust or take other steps to avoid probate,  the Probate Court will then supervise all activities relating to the payment of the final expenses of the decedent, determine who is entitled to inherit the deceased person’s assets, and charge for those services.
Nevada has four levels of probate or estate administration.

Affidavit of Entitlement or Affidavit of Small Estate

If the deceased owned $20,000 or less and had no real property and no debts, the heirs can present a simple affidavit with a death certificate to a bank, DMV, or other entity in order to transfer title. In this case there is no need to file anything in Court.

Set Aside without Administration

If the deceased owned $100,000 or less, the heirs or beneficiaries under the Will can petition the District Court to distribute the decedent’s assets to the heirs or beneficiaries without any Court supervised administration. This procedure is relatively simple and economical.

Summary Administration

If the deceased owned assets valued between $100,000 and $200,000, either the deceased’s next of kin or the person the decedent designated in a Last Will and Testament as the Executor/Executrix must conduct a formal, Probate Court supervised procedure to administer the estate, pay the debts and distribute the remaining assets to the beneficiaries. If the deceased did not have a Will, a relative or other interested person may petition to administer the estate. The assets go to the relatives of the deceased in accordance with Nevada’s laws of intestate succession.  This process cannot be completed in less than four (4) months and the administrative and attorneys’ fees associated therewith can be determined by a percentage of the total estate.

General Administration

If the deceased dies with assets in excess of $200,000, the estate must be administered under Probate Court supervision, as in a Summary Administration. The only difference between the two is that, in a General Administration, there is a longer period of time creditors have to file claims against the estate and the filing fees are almost double that of a Summary Administration.  This process cannot be completed in less than five (5) months and it is not uncommon for an uncontested General Administration to take longer than one (1) year.
Probate Court can be avoided with an estate plan designed by a competent attorney.  The costs for establishing mechanisms for avoiding the intervention of the Probate Court are generally much less expensive than conducting a Probate administration and generally lead to much fewer problems such as will contests, trust contests and other litigation which can lead to additional fees and delays.

Christopher J. Phillips, Esq.

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Carlos L. McDade, Esq. will teach a class entitled, “Stay on Top of Environmental Considerations” at the National Business Institute One-Day Seminar located at the Gold Coast Casino on October 13th.   Attendees can qualify for up to 6 hours of CLE and 7 hours of Real Estate CE.    For more  information about the seminar, click here for a brochure.
CoreLogic, a California-based research firm has released its inaugural report, a bimonthly study entitlted U.S. Housing and Mortgage Trends which states that we will be seeing “more distress with distressed home sales.”   CoreLogic defines distressed sales as short-sales and REO sales.
The report claims this is primarily due to the impending expiration of the federal First Time Home Buyers’ Tax Credit on September 30th.  Now that this incentive has run its course, CoreLogic says the share of distressed sales is expected to rise in the fall.
The peak of distressed sales was seen in early 2009, at 35% of overall sales.  The low was seen in June 2010 with distressed sales making up 24% of the nationwide market.
Unfortunately for us, as of June 2010, Las Vegas leads the nation in distressed sales at a whopping 61% of total sales.  In addition to the negative effects of the post-tax credit environment on overall sales, negative equity will continue to be a major factor slowing the recovery of the housing market, with nearly one in four homeowners being underwater nationwide.

Tiffany N. Ballenger, Esq.

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Excuses We Use To Maintain Credit Card Debt

No mat­ter how many credit cards you own, never keep a balance on any of them to avoid any and all finance charges.  However, many people do not have the discipline to pay off their credit cards every month and fall into credit card debt.  Who knew that such a little piece of plastic could cause so much havoc on a person’s finances?  How do people justify putting themselves in such a situation?

Here is a short list of common excuses for unplanned charges on credit cards:

The 0% introductory interest rate is a bargain you just can’t turn down.

Your dream TV is on sale at your local electronics store. You think you must be in the right place at the right time.  As you begin to think about whether you can buy the TV and whether it was in your budget, a sales person approaches you with the kicker: 0% interest for 12 months.  But you really have to think, do you really need this item now? Are you really saving enough to justify this spontaneous purchase? With a 0% interest rate, the payment will only be a small amount, making the TV seem much more affordable.  In the beginning, you think you will pay off the balance, but in reality, you get sucked into buying even more.  After 12 months, you find yourself stuck with massive finance charges.

The same goes for 0% balance transfers between credit cards. Maybe some people can avoid paying any interest by transferring credit debt from card to card, but if you forget for any period of time, you get stuck with more high interest debt. Avoid the 0% interest trap!

The rewards from credit card purchases are worth it.

Try to use credit cards that offer bonus points or cash back from certain purchases such as gas and groceries. However, remember there is a reason why credit companies offer reward programs.  People usually don’t pay off the entire balance and instead, rack up significant interest charges.  They want your business AND your interest.

It’s for an emergency!

You may have an emergency fund for purchases like home repair.  However, you decide to charge it instead of tapping into that emergency fund.  You think you want to keep your emergency fund intact and cheat just once by charging the expense.  However, nothing ever happens just once.  Use the emergency fund for what it’s for: emergencies.  Otherwise, everything might start to seem like an “emergency.”

We’ve been good so it’s time to treat ourselves.

It’s been a hard month you are tired of staying home on the weekends.  You feel like you simply MUST go to California for the weekend and enjoy the beaches.  Maybe you have your eye on the latest smart phone. You work hard for your money and now it’s time to buy something for yourself. By charging it, you avoid most of the guilt since you don’t see the funds quickly disappear from the bank account. However, just because you think you deserve it doesn’t mean you are immune to finance charges on your credit card.  That $2,500 trip to California will end up costing you $4,000+.  Budget for your vacations and treats.

I’ll start paying off my debt next month.

Why waste your fun money by starting to pay off your debt? The debt can wait.  But, while the debt waits, the interest charges accumulate.  Every so often you can justify a purchase by committing to make changes to your budget so that you will have the additional funds to pay down that debt.  However, months go by and you never ACTUALLY change your budget.  You need to have the attitude to start NOW or you may fall victim to the continuous cycle of credit card debt. It’s time to follow through on the promise you made to yourself to achieve your goals of being debt-free.

I’m going to get a raise soon.

Be grateful just to have a job.  In today’s economy, bonuses and raises are a thing of the past.  Plus, even if you do get that raise, you want to enjoy it THEN and not have to pay off credit card debt from months ago.  You work hard and you deserve to splurge when your raise or bonus comes but WAIT to get it.

This is the last time.

You have a plan of not using your credit cards until you pay off the balance. But wait! Before that, you just need to make one more purchase.  One more purchase won’t hurt, right?  You just avoided following through with your plan of paying off your debt. Next time is always the last time until you cut up your cards for good until your debt is gone.

The payments are small.

You see the signs everywhere: Own this TV or computer for only $40 month! What the sign won’t tell you is that you could end up paying 25% for the TV because of all the finance charges you accumulate by paying the minimum each month. If you can’t afford it now, you shouldn’t consider any store gimmicks.

It’s only for a small purchase.

Every time you don’t have enough cash, you are forced to use your card. Those small charges add up. If you already had a balance on your card, your fight to become debt free becomes that much more difficult. You don’t want that $6 lunch to turn into a $7 lunch month after month. Try and use cash for small purchases as much as possible, especially if there is no gain in making the credit card purchase.

In the end, credit card debt is only bad for your financial health.  While the rewards are enticing the risk is too great.  What excuses have you used in order for us to fool ourselves into using that credit card?  Please share!

Randy M. Creighton, Esq.

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In a letter addressed to Treasury Secretary Timothy Geithner, several house Democrats requested that Fannie Mae suspend its new policy to bring deficiency judgment lawsuits against underwater homeowners who “strategically default” on their mortgages.

The House Democrats state they are concerned about Fannie Mae’s new policy because it is “unclear why Fannie Mae is proposing to use taxpayer dollars to pursue legal judgments against individuals who will lose or have lost their homes, have wrecked their credit rating, and likely have little or no remaining monetary assets. The U.S. Treasury has already invested $86 billion into Fannie Mae and, considering Fannie Mae’s dependence on federal dollars to exist and operate, we think pursuing expensive litigation against a vulnerable population when there appears to be little to no economic incentive is questionable at best.”  Additionally, the representatives are concerned that “it is unclear what transparent, objective criteria Fannie Mae is using to determine who is a strategic defaulter and who is not.”

The letter was signed by Representatives John Coyers, Jr. (D-MI), Marcy Kaptur (D-OH), Raúl Grijalva (D-AZ), Steve Cohen (D-TN), Barbara Lee (D-CA), Zoe Lofgren (D-CA), and Michael Honda (D-CA).

In June, Fannie Mae announced a new policy to pursue strategic defaulters.  Borrowers who do not complete a foreclosure alternative workout in good faith would be ineligible to receive a new Fannie Mae back loan for seven years.

Joshua D. Carlson, Esq.

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First-Time Homebuyer Credit

If you purchased a home in 2009, or the first four months of 2010 and are a first-time homebuyer or a long-time resident purchasing a new home,  you may be eligible to claim the First-Time Homebuyer Credit.  Here are five key factors to consider when claiming the tax credit:

  • You must enter into a binding contract to buy a principal residence on or before April 30, 2010.  If you enter into a contract by this date, you must close on the home on or before June 30, 2010;
  • A first-time homebuyer is someone who has not owned another principal residence during the three years prior to the date of the purchase;
  • A long-term resident homebuyer is someone who has lived in the same principal residence for any consecutive five-year period during the eight-year period that ended on the date the new home is purchased;
  • The maximum credit for a first-time homebuyer is $8,000 and the maximum credit for a long-term resident homebuyer is $6,500; and
  • You must file a paper return and attach a Form 5405, which must include a copy of a properly executed settlement statement used to complete such purchase.

For more information about the First-Time Homebuyer Credit, including details about documentation and other eligibility requirements, visit: www.IRS.gov/recovery.  

Randy M. Creighton, Esq.

Top 10 Bankruptcy Myths

Filing for bankruptcy hurts your credit for 10 years.

Not True.  Bankruptcy stays on your credit about 7 to 10 years.  Although the bankruptcy will stay on your credit, you can start rebuilding your credit once your bankruptcy is discharged.  Making current, full payments on debt is one way to start building your credit while you are still in the bankruptcy.  Once you are out of bankruptcy, make sure that you watch your income to debt ratio and try to not finance more than 40% of your credit limit.

I will never be able to get another credit card or loan.

Many consumers believe they will not be eligible for any type of credit after a bankruptcy filing and discharge of debt.  The opposite is true.  Once debts have been discharged for a period of time, the process of credit restoration can begin and new trade lines can be opened.  In some cases, clients receive credit card offers in the mail only two months after receiving their discharge.  While the rebuilding of credit takes time and effort on the part of the debtor, bankruptcy is not a credit death sentence.

You will lose everything you own.

Not True. The goal of bankruptcy is to protect you and your assets, not to punish you and toss you into the streets. In probably 95% of the Chapter 7 cases, nothing is lost. In virtually all of the remaining 5% of cases, the Debtor knows going into the process that some property will be surrendered either to the Chapter 7 Trustee or to the secured creditor.

If you are behind in mortgage payments and need time to catch up, bankruptcy offers you the chance to reorganize your debts and catch up on the amount you are behind in payments, called “arrears,” over a period of 3-5 years. Try asking your lender if they will take your arrears over a 3-5 year period and they will fall over laughing!  Once in bankruptcy, the lenders have no choice but to cooperate so long as you meet the qualifications and maintain the planned payment arrangement.

All debts are wiped out in Chapter 7 bankruptcy.

Not true.  Certain types of debts cannot be discharged or erased. They include child support, alimony, government-issued or government-guaranteed student loans, and debts incurred as the result of fraud. It’s also very unlikely that a judge will discharge legal settlements you have been assessed, such as payments to someone who sued you.

Very few people qualify to eliminate their debt through Chapter 7.

Congress made the requirements for eliminating debt through Chapter 7 bankruptcy tougher with the new bankruptcy laws of 2005, but many people still qualify. Over 17,000 people in Southern Nevada filed Chapter 7 bankruptcy in 2009.  At the initial consultation, an experienced attorney can determine if you qualify for Chapter 7.

You are a bad person for filing bankruptcy.

Not True.  Bankruptcy is a solution to help good people go through a tough financial time. It provides people with the fresh start that they deserve. Congress passed the bankruptcy laws because Congress recognized that we needed a safety net in our economic system for individuals who have little control over large shifts in our economy or over unexpected personal developments such as job losses and medical expenses. The events of 2009 should make it clear to all of us that our financial health is not usually a function of whether we are good or bad people.

You can pick and choose what to put into bankruptcy.

Not True. You must list in your bankruptcy filing all of the debts that you owe and the property that you own. For some of those debts, such as car and home loans, we may help you “reaffirm” the debt, and it will be as if you never filed bankruptcy as far as that obligation is concerned. For debts that you do not formally reaffirm, if you feel like paying a particular creditor after the bankruptcy process has been completed, you are free to do that. But whether you intend to reaffirm or continue making payments on a debt does not affect your obligation to disclose all of your debts and property to us and to the Court.

You can only file bankruptcy once.

Not True. You can file for bankruptcy relief more than one time if you meet certain conditions. So that we can advise you regarding the availability of bankruptcy in your particular circumstances, you must disclose any prior filings to us.

Everyone will know that I filed bankruptcy.

Unless you are famous already, the odds are the only people that will know you filed are your creditors. Although bankruptcies are legal proceedings that are published in the newspaper, millions of people file bankruptcy and few papers publish every name. Even if they do, few people read the full legal notices every day.

All my debts will be eliminated if I file Chapter 7 bankruptcy.

Many types of debt can be erased. However, child support and alimony, student loans and debt incurred fraudulently cannot be eliminated.

If you are seriously considering filing for bankruptcy protection, you may wish to consult a reputable and experienced bankruptcy attorney who can help guide you through the confusing and complicated process.  Having an attorney on your side can provide you with the peace of mind that comes from knowing all your bankruptcy bases are covered.

Randy M. Creighton, Esq.