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WARNING! Foreclosure is Dangerous to Your Health

September 6th, 2011 by James P. Doan

Today’s economy adds a new meaning to being “home sick.”

There is no doubt; the housing crisis is making America sicker. What many have believed all along is now considered scientific fact. The threat of losing your home is enough to make you seriously ill. According to a recently published report by the National Bureau of Economic Research, “an increase of 100 foreclosures corresponded to a 7.2% rise in emergency room visits and hospitalizations, and an 8.1% increase for diabetes, among people aged 20 to 49.”

The report also claimed that “each rise of 100 foreclosures was associated with 12% more ER visits related to anxiety in the same age category.” Striking is the fact that “the same rise in foreclosures was associated with 39% more visits for suicide attempts among the same group.”

The housing barometer, the S&P/Case-Shiller home-price index report came in 5.9% down for the second quarter year over year. Many economists are predicting another wave of foreclosures based on economic uncertainty and continued job losses.

Doan Law Firm has published several articles relating to health problems being related to financial duress, not just foreclosures. As we see it, there is a direct correlation between a person’s financial health and their physical health. Our focus has always been on the cure for the symptoms brought on by financial duress.

Most of our clients find immediate relief in the form of bankruptcy; some keeping their homes, and others enlightened to find the best exit strategy in having us help them with their short sale. Following is our recommendation for anyone who is under serious financial duress.

Turn Stress into an Asset! Realize that stress is unavoidable but it doesn’t have to be damaging. Recognize that stress is a feeling, not a sign of dysfunction. Focus on what you can control. Contact someone with the experience and ability to help you understand all of your options.

Create a Plan and Take Control. Below is a list of the services that we review with our clients to determine which alternative might best serve their particular situation.

  • Chapter 7 Bankruptcy eliminates most unsecured debt while retaining the majority of assets.
  • Chapter 13 Bankruptcy is often thought of as the best form of a loan modification because it allows home owners an opportunity to restructure their debt in a way to keep their home but eliminate some unsecured debt including second mortgages.
  • Short Sale - For those who don’t qualify for bankruptcy, yet need relief from their upside down mortgage, selling short may be the best alternative…much better than foreclosure.
  • Combination Chapter 7 & Short Sale Plan – especially if it’s too late to save your home, this may be the best option. Using this plan, we eliminate all of the unsecured debt while you stay in your home as long as legally permissible (sometimes up to 12 months), leave your home without any residual debt or tax consequences, potentially settle any unpaid property taxes through negotiation, immediately eliminates all HOA fee exposure, and even negotiate for client relocation assistance (worth thousands of dollars). The most exciting element in this strategy is to get you back on your feet and to own again in as little as two years.
  • Debt Negotiations – Debt resolution through negotiations can be a viable option for someone not wanting to file for bankruptcy. As one of the largest Bankruptcy law firms in California, we have a useable degree of leverage in negotiating with creditors.
  • Tax Resolution – we negotiate with the IRS and State Board of Equalization on your behalf to reduce the amount owed and to establish a reasonable payment plan.

If you or someone you know needs to explore these options, come see us today. The Doctor is in!

Short Sales and Deficiency Judgments: Same Game, New Rules for California

July 27th, 2011 by James P. Doan

Hopeful to mitigate the ongoing foreclosure crisis and encourage short sales as a foreclosure alternative, California’s governor signed SB 485; an amendment to California Code of Civil Procedure Section 580e that now prohibits junior mortgage holders from pursuing deficiency judgments after they have agreed to a short sale. Prior to SB 458, the seller was protected only from deficiency judgments from the first lien holder.

A deficiency judgment refers to the difference between the sale proceeds and the balance on the note. The new law now prohibits any lien holder who has agreed to a short sale from pursuing the seller for a deficiency judgment.

Under this law, the holder of the note cannot demand additional compensation, aside from the proceeds of the sale, in exchange for written consent to the sale. That said, the law doesn’t prohibit the homeowner from voluntarily making an offer to the lender with the hope that the lender would agree to the short sale. Contribution to these negotiations could come from other lenders, agents, or even relatives of the borrower.

Of great value is the protection against homeowners being unknowingly exposed to deficiency judgment by short selling their homes. Protection under SB 458 applies to a broad range of 1 to 4 residential properties. Included are cash-out refinanced loans, non-owner occupied homes, second homes, and vacation homes.

Now that the new rules are in play, let the games begin.

Life after Bankruptcy: A Financial Mulligan!

July 5th, 2011 by Gregory J. Doan

There has never been a better time for a real financial “do-over.” We call it Bankruptcy.

Whether you consider restructuring your debt through a Chapter 13, or eliminating all of your unsecured debt with a Chapter 7, you are creating an opportunity to start over again fresh, without the weight of toxic debt holding you down.

Some people are hesitant to consider bankruptcy because they fear it will hurt their future credit. Reality is that bankruptcy can help improve your credit score and do it more quickly than any debt consolidation program.  Many of our clients are surprised to hear that within weeks of their discharge, banks begin inundating them with credit card offers while local auto dealers craft special offers, specifically designed to help them purchase new vehicles. Because bankruptcy can be filed only once every 8 years, bankruptcy clients are seen as low risk borrowers.

After bankruptcy, being prudent with credit opportunities can enhance anyone’s credit score. There are many cases of individuals raising their FICO to well over 700 in less than two years. Some clients are even able to purchase a new home within two years of their discharge.  Ironically, two years from now is when most pundits believe the realty market will bottom-out, yielding the best purchase opportunities.

Putting this in perspective, sales of bank-owned (REO) properties recently hit 34.5% of the market, resulting in a national price drop of 5 percent year-over-year. National home prices have fallen 11.5 percent in the past nine months, a rate not seen since 2008. Add short sales, where the bank allows the borrower to sell for less than the value of the mortgage, and prices have nowhere to go but down.

The bottom line is that bankruptcy is a tool, designed and approved by the Federal Government to help citizens improve their financial health. Each year in the recent past has seen more than 1.5 million people get a chance at starting over. Maybe it’s time for you to consider taking a Mulligan?

Bankruptcy Keeps McCourt and Dodgers in the Game!

June 29th, 2011 by James P. Doan

By James Doan, Esq

For Dodger Fans, Bankruptcy can be a Home Run!

Team owner Frank McCourt may have a lot in common with some of his Dodgers’ baseball fans. He can’t make ends meet. Actually, he’s having trouble making payroll. The cash starved McCourt turned to bankruptcy protection when he claimed that Major League Baseball refused to allow a television deal with Fox Sports supposedly worth $3 billion.

While Dodger debt may be a LOT bigger than that of a typical Dodger fan, both are financially struggling in weak economy. And just as McCourt turned to bankruptcy protection, so too can many baseball fans.

Consumers looking to liquidate their assets and eliminate their unsecured debt typically file a Chapter 7. Those wishing to keep their homes yet eliminate junior mortgages and create an achievable 5 year payment plan need to look at filing a Chapter 13. That is, unless their secured assets exceed 1,081,000 and/or have combined unsecured debt exceeding $360,475. Then, their best recourse would be to file a Chapter 11. Regardless, getting a fresh financial start by filing for bankruptcy protection can make you feel like you’ve hit a home run!

dodgers bankruptcy

Choosing your Bankruptcy attorney on price? You may want to reconsider!

June 24th, 2011 by Jonathan D. Doan

By Jonathan D. Doan, Esq

Selecting a Bankruptcy Attorney should be done with no less diligence than selecting a heart surgeon. Both help save lives; one can help you regain your financial health while the other may provide added years to your physical well being. You wouldn’t select a heart surgeon that has had little to no experience just to get a low price. You would want someone with years of experience and great testimonials from former patients. Your Bankruptcy Attorney should be no less experienced and have many satisfied clients (ask for a list of client testimonials).

Too many people today are seeking legal counsel based solely on price. That is a huge mistake. Consider the following Trustee’s Comments. Don’t let this happen to you! We won’t mention the counsel or the client’s names to save them embarrassment but it is public record. And this is only one of MANY such cases that were unfavorably dismissed with comments like to “counsel’s own failure to properly prosecute this case”.

Clearly, the following court document proved two axioms:

  1. You get what you pay for.
  2. Experience matters!

Clients of Doan Law Firm don’t need to worry. We have more than 200 combined years of experience; more than 25,000 happy clients; and, pages of testimonials. Our level of client care is among the best in the field. It’s all part of what we call the “Doan Difference.” And, to top it off, we offer a low fee guarantee.

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