Paddy Deighan Real Estate Blog
Paddy Deighan, creative solutions for complex tax situations. Tax liens, tax levies, offer in compromise, tax debt settlement, tax debt negotiation
ARCHIVED BLOG POSTS
2011
I heard something misquoted again today so I thought that I would blog about it. There are many misconceptions and misperceptions about bankruptcy and distressed real estate. I frequently hear that the second (and subsequent liens) will be “stripped away” in Chapter 13. This does not happen au...
07/31/2011
There is a new and disturbing trend in foreclosure cases and short sales. "Experts" are advising distressed home owners to place their home in a revocable trust and appoint themself as trustee. There would be advantages to this, but I am suggesting that such home owners consider some free legal a...
07/30/2011
There has been a lot of discussion regarding hardship letters and their importance in short sale negotiations. However, there is a frequently overlooked aspect of them that is vitally important. The hardship letters will be different in a loan modification than a short sale. You may then ask...
07/29/2011
Last week, I blogged about the case of Matrix Financial, Corp. v. Frazer in which the South Carolina Supreme court ruled that lenders cannot foreclose if they were found to be engaging in the Unauthorized Practice of Law (UPL). In real estate, the SC Supreme Court indicated that lenders are requi...
07/26/2011
Chalk another victory up for home owners fighting back against lenders. The Maine Supreme Court overturned a Summary Judgment in favor of a servicing agent against the home owners. In the case of Kondaur Capital Corp. vs Hankins, the trial court had granted summary judgment in favor of the lender...
07/23/2011
We have to keep legal decisions and governmental regulations in perspective when we analyze a ruling or new regulation. There have been a lot of decisions on the validity of MERS for example. Many courts hold that it is invalid, while others hold that it is valid. To a lay person, this appears to...
07/22/2011
Those elves in Washington are at it again. The Clueless Duo, Barney "Circus Clown" Frank and Chris "I do not have to pay back loans" Dodd have snuck key provisions into their bill. CALL YOUR REPRESENTATIVE TODAY! In an incredible show of effective bank/mortgage lender lobbying or government i...
07/21/2011
MERS, MARS...a lot of acronyms being bandied about this week. LOL California has had another significant legal decision regarding lenders and their ability (or inability) to produce original documents. After spending more than a year attempting to get a loan modification from Wells Fargo, one hom...
07/20/2011
It keeps getting harder and harder to get shorts sales accomplished. It is especially difficult with investors even though they are paying cash in most instances. Investors are more than one-third of current transactions do it does not behoove the industry to make matters more difficult for them...
07/20/2011
A study by Reuters provides interesting insight into the foreclosure mess and in particular, whether lenders have original documents. As I have blogged, in legal terms, if a lender wants to foreclose, it must prove that it is the real party in interest. It must prove that it has standing (the le...
07/19/2011
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Paddy Deighan MBA JD PhD
Paddy Deighan J.D. Ph.D
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Author Bio: Paddy Deighan earned his Juris Doctorate and PhD Paddy consults with taxpayers in regard to tax liens, tax levies, tax levy, offer in compromise, tax debt, tax settlement
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