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What is a mortgage kicker?

A mortgage kicker is what I see as an extra amount of income that the lender can expect down the line without the borrow realizing it, often. And that is that, if the lender recognizes that the borrower probably is going to be in default, and the bank will then be able to get the property back, the bank will also charge a lot of extra legal fees, a higher rate of interest, and then the bank will resell the property to comeone else, another victim, and go through the same thing again, and that's like a kicker, an equity kicker, for the bank. I'm Carl Person, I'm a New York lawyer, and my job is to help people stay in their homes.

tags: mortgage kicker definition loan modification mortgage foreclosure defense debt relief predatory lending foreclosure bankruptcy lawyer law firm attorney Brooklyn Bronx Staten Island Manhattan Queens New York Carl E. Person Carl-Person-Foreclosure-Defense

attorney: Carl E. Person

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When is it smart to initiate your own mortgage foreclosure?

A person should initiate his or her own mortgage foreclosure when the person sees that they can't pay the mortgage for six months from now. Stop paying now and that is the initiation of mortgage foreclosure proceedings. And by the way, as a condition for modification, many banks require you to be in default. Don't pay up your mortgage and then think you're going to get a modification agreement. I'm Carl Pearson, I'm a New York lawyer, and my job is to help people stay in their homes.

tags: mortgage foreclosure self initiated loan modification debt relief predatory lending foreclosure bankruptcy lawyer law firm attorney Brooklyn Bronx Staten Island Manhattan Queens New York Carl E. Person Carl-Person-Foreclosure-Defense

attorney: Carl E. Person

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How long can I live in my house without paying the mortgage?

A person a can live for free in his house almost two years in New York if you do it this way: you stop paying the mortgage, they foreclose it takes 14 months, and then they have evict you- this may be another four. But that is not what you really want to do. You want to stop paying in order to force a foreclosure and, as quickly as possible, reach a modification agreement and then be a person that pays on a regular basis [so] that you have lawful, proper possession, and the bank is happy. I'm Carl Pearson, a New York lawyer and a fighter to keep people in their homes.

tags: mortgage default stay in home loan modification mortgage foreclosure defense debt relief predatory lending foreclosure bankruptcy lawyer law firm attorney Brooklyn Bronx Staten Island Manhattan Queens New York Carl E. Person Carl-Person-Foreclosure-Defense

attorney: Carl E. Person

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What's the #1 mistake made trying to avoid foreclosure in NY?

The number one mistake that people make in a mortgage forclosure action is putting their head in the sand and doing nothing about it saying, people say, well your house isn't sold yet so you don't have to do anything. Wrong! When you have an action for forclosure, you must defend it, and if you do, you have a best chance of saving your property, it is very low cost to defend it when you're not in default, it's very high cost and more risky if you are trying to get a lawyer to help you out after you have defaulted. I'm Carl Person, a New York lawyer, and a fighter to keep people in their homes.

tags: mortgage foreclosure #1 mistake loan modification mortgage foreclosure defense debt relief predatory lending foreclosure bankruptcy lawyer law firm attorney Brooklyn Bronx Staten Island Manhattan Queens New York Carl E. Person Carl-Person-Foreclosure-Defense

attorney: Carl E. Person

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What's a common trick a bank uses against struggling home owners?

A trick that many banks use to steal money from a homeowner, especially when he’s in default and he’s no longer paying the mortgage, he’s three months behind, they say, “Look if you want to modify the loan you have to bring your loan up so that you’re no longer in arrears.” So the homeowner then makes payment of ten, twelve thousand dollars and brings it up. Calls the bank, gets another person and says, “Well let’s have a modification agreement. I’m now up to date.” And the bank says, “I’m sorry. We don’t have modification agreements unless you’re in default.” I’m Carl Person. I’m a New York lawyer and my job is to help people stay in their homes.

tags: mortgage foreclosure bank trick loan modification mortgage foreclosure defense debt relief predatory lending foreclosure bankruptcy lawyer law firm attorney Brooklyn Bronx Staten Island Manhattan Queens New York Carl E. Person Carl-Person-Foreclosure-Defense

attorney: Carl E. Person

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What is the alternative to letting a bank foreclose on my home?

The worst thing that I experience in dealing with the mortgage foreclosure situations is the prospective clients who call me up and tell me their tale of woe: that they have a default judgment, the property is going to be sold, what can they do? I tell them the whole thing of what they should have done. I say, "You should have stopped paying. You should have precipitated a foreclosure action. You should have defended within the 20-day period, and you wouldn't be here now. You would be sitting in your home with a modification. But instead -- because you didn't do anything and the banks were at fault because they talked with you and they made you believe you didn't have to do anything -- you must do something. You have to defend the foreclosure action even though you are talking with a bank. And if you don't do that you are going to make me cry when you call me belatedly three or four months later." I'm Carl Person. I'm a New York lawyer, and my job is to help people stay in their homes.

tags: mortgage foreclosure take action loan modification mortgage foreclosure defense debt relief predatory lending foreclosure bankruptcy lawyer law firm attorney Brooklyn Bronx Staten Island Manhattan Queens New York Carl E. Person Carl-Person-Foreclosure-Defense

attorney: Carl E. Person

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How will a loan modification help me keep my house?

A loan modification can help you keep your house because it can get you back on the track of making your mortgage payment every month. It really is going to help the borrower who is in default and is several months behind on their loan, get back in the position where they can afford the monthly payment. And usually this is only a couple hundred dollars, maybe a thousand dollars. If we can get that payment down by that amount, the borrower should be able to make the payment. Most of these borrowers have gone into default because they've gotten themselves into these adjustable rate mortgages that have just adjusted a little bit too high for their monthly budget. If we bring it back in a little bit then they should be able to get back on track and stay current. My name's Damion Nassiri. I'm partner in the law firm Howard Nassiri. We're based in southern California and we help people save their homes. If you've been the victim of a predatory loan or you're facing foreclosure, call us a call.

tags: loan modification keep your house mortgage debt relief predatory lending foreclosure bankruptcy lawyer law firm attorney Orange County Los Angeles California Howard Nassiri

attorney: Howard | Nassiri, LLP

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What's it like to help someone stay in their home?

Feels great to help someone modify their loan because it means they are going to be able to keep the loan. It also has a bigger impact on the economy. If we can get all of these non-preforming loans to preform through loan modifications, I really, truly believe that would be as much of a help, if not more of a help, than the current bail out. Because that is the problem right now in California and across the nation, as we have all these people that are in default because they simply can't afford to pay the mortgage after it increases. After the interest rate goes up and they are good people, they are hard working people and they want to make a loan payment. It's just that the predatory loan has made it as such that they can no longer make that increased payment. My name is Damian Nassiri, I'm a partner in the law firm Howard/Nassiri, we're based in Southern California. And we help people save their homes. If you've been the victim of a predatory loan, or you're facing foreclosure, give us a call.

tags: loan modification why we help mortgage debt relief loan modification foreclosure bankruptcy lawyer law firm attorney Orange County Los Angeles California Howard Nassiri

attorney: Howard | Nassiri, LLP

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What's most difficult about being a foreclosure attorney?

The difficult thing about my practice is that I represent people in distress, and distress is an economic situation. They have less money. They have less faith. They have...they're scared they are going to lose everything they have, and they come to me and they want me to help them. I can't help everyone that is in that dire circumstance. The best thing they can do is come to a lawyer--me or some other lawyer when they first have a foreclosure action against them. Then we can help them inexpensively and do a much better job than when they come belatedly. Or, they should get in there early and advise them to stop paying their mortgage so that they don't waste their money, and that they can precipitate a foreclosure and a modification more readily by doing it quickly, by stopping payment. That is what people need to know, and they don't know this. Instead, they talk with the bank, and the foreclosure is taking place. The foreclosure is going to happen. The faceless person at the bank does not call up the law firm and stop the foreclosure. They think it happens that way. I don't see it happening that way at all. So, the foreclosure is racing along, and then it's in default. And then they come to me saying that, "Oh my God, I'm gonna lose the property." What these people need to know in advance is that they don't have to lose a property that way, and it is not expensive to defend a foreclosure action if you do it timely. I'm Karl Pierson, a New York lawyer and a fighter to keep people in their homes.

tags: mortgage foreclosure lawyer role loan modification mortgage foreclosure defense debt relief predatory lending foreclosure bankruptcy lawyer law firm attorney Brooklyn Bronx Staten Island Manhattan Queens New York Carl E. Person Carl-Person-Foreclosure-Defense

attorney: Carl E. Person

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How long does it take a NY bank to foreclose on my house?

People wonder how long it takes for a foreclosure action to cause them to lose their home. The answer is that if you don't defend you could lose your home in about four months. If you do defend and you lose, you would lose your home in about 14 months. The purpose of defending however, is not to lose your home but in order to reach an agreement in order to save your home. I'm Carl Person, I'm a New York lawyer and my job is to help people stay in their homes.

tags: mortgage default bank action loan modification mortgage foreclosure defense debt relief predatory lending foreclosure bankruptcy lawyer law firm attorney Brooklyn Bronx Staten Island Manhattan Queens New York Carl E. Person Carl-Person-Foreclosure-Defense

attorney: Carl E. Person

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Who's eligible for a loan modification in California?

The new California loan application law was passed September 8, 2008 and it covers all mortgages,uh, origninating from January 1, 2003 through December 30, 2007. Uh, Any loan, it could be a purchase or a refinance the borrower just has to be in default or default is reasonable foreseeable and what that means if their payment is about to go up due to an adjustment in a their interest rate that's someone who's default is reasonable foreseeable and the borrower has to be living in the home.If they meet those criteria then the new California loan law covers their situation and they are entitled to a loan modification. My name is Damian Nassiri and I'm a partner in a California law firm Howard Nassiri. We're based in Southern California and we help people save their homes. If you've been the victim of a preditory loan or you're facing forclosure give us a call.

tags: loan modification eligibility mortgage debt relief predatory lending foreclosure bankruptcy lawyer law firm attorney Orange County Los Angeles California Howard Nassiri

attorney: Howard | Nassiri, LLP

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How will the new California loan modification law help?

The new California Loan Modification will help any borrower who is in default or default is reasonably foreseeable. And if the anticipated recovery to the lender under the loan modification exceeds the recovery that the lender would get form a foreclosure, then the lender is instructed to give a loan modification. It's going to help save a lot of homes. The California Legislature has realized that this an urgency statute. In fact, those words are in the law and says that we have got to stop the foreclosures from rising. We've got to do something about the problem and do something to stay in their home and make the payment. My name is Damian Nassiri. I'm a partner in the law firm Howard & Nassiri. We're based in Southern California and we help people save their homes. If you've been the victim of a predatory loan or you're facing foreclosure, give us a call.

tags: loan modification new CA law mortgage debt relief predatory lending foreclosure bankruptcy lawyer law firm attorney Orange County Los Angeles California Howard Nassiri

attorney: Howard | Nassiri, LLP

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How do I keep my house if I've been the victim of predatory lending?

If you've been the victim of a predatory loan you do have an opportunity to keep your house. If you've been a victim of predatory loan there are a number of different remedies that are available to you. One of them is recision, which is a cancellation of the contract, putting you back in the same position that you were in before you ever got the loan. Another solution would be loan modification, which is a reworking of the loan and basically bringing down the interest rate and the principle balance that you owe, extending the term of the loan, and that will give you an affordable payment that you can keep in your house. Even if you've been late and you've been in default for months, you can still potentially save your home if you've been the victim. My name is Damien Nassiri, I'm a partner in the law firm Howard and Nassiri, we're based in Southern California and we help people save their homes. If you've been the victim of a predatory loan or you're facing foreclosure, give us a call.

tags: predatory lending keeping my house mortgage debt relief loan modification foreclosure bankruptcy lawyer law firm attorney Orange County Los Angeles California Howard Nassiri

attorney: Howard | Nassiri, LLP