palm beach short sale: QUIET TITLE USED TO ELIMINATE MORTGAGES - EXAMINED - 09/22/12 06:30 AM
ALERT - ALERT - THE FLORIDA ATTORNEY GENERAL YESTERDAY OBTAINED AN INJUCTION AGAINST A FIRM TOUTING ELIMINATION OF THE MORTGAGE BY USING LAND TRUST SCHEMES.  SEE THE NEWS RELEASE AND A COPY OF THE COMPLAINT.
The issue of Quiet Title lawsuits brought by borrowers to invalidate their mortgages is gaining interest based upon flimsy default judgment success in a few isolated instances. Borrowers that are thinking of pursuing this avenue of “resolution” can’t point to a definitive “win” in court using this procedure, and the long term “resolution” desired of invalidating the mortgage still leaves the promissory note unpaid for … (30 comments)

palm beach short sale: A HOME WITHOUT EQUITY IS JUST A RENTAL WITH DEBT - 07/17/11 02:35 AM
About a decade plus a few days from the date this is written our government was swimming in a budget surplus, and we as a whole, were substantially employed, had lots of equity in our homes and the prospects for our futures seemed bright.  Few if any of us knew of - or if we did - paid any attention to a report dated June 29, 2001 about the likelihood of a soon to come financial disaster.  The name of the 31 page report was Housing In The New Millennium: A Home Without Equity Is Just a Rental With Debt. 
This … (19 comments)

palm beach short sale: Bank of America's Webinar on Short Sales - 04/16/10 01:35 AM
Bank of America recently held a webinar with Matt Vernon (REO and Short Sale Executive) along with some associates, on the present and future short sale programs being implemented by Bank Of America. 
Max Zaretsky (yes, proudly related) takes the credit for making copious notes and preparing this memorandum so it could be shared with you -


I'd like to hit on some key points from my notes that I found interesting, and I think you will too:
1.       Short Sale volume is up!
a.       Bank of America's number of short sales doubled from 2007 to 2008, and doubled yet … (13 comments)

palm beach short sale: WHEN A BUYER BROKER CHANGES THE MLS LISTING PRICE - A FLIP SCENARIO CAUGHT - 11/18/09 12:03 AM
This week a real estate broker came in to retain me on a complaint filed by a buyer on a flip and it is important enough to understand why the Department of Professional Regulation is going to prosecute this broker.
First I need to let you know that I am critical of non-disclosure issues regarding flips.  In March I wrote about my buyer client who was the last bookend on a flip.  See SHORT SALE FLIP - QUESTIONABLE METHODS.  The client found me through that article, so fortunately (although belatedly) he understands his problem.
Now onto the facts.
User Buyer comes into … (18 comments)

palm beach short sale: LOAN AUDITS - FORECLOSURE DEFENSE FALLACY? - 07/14/09 01:33 AM
The concepts of foreclosure defense preparation have started a cottage industry, unregulated as with most of the home saving concepts, called "loan audits".
A loan audit is supposed to be a "forensic analysis" of the loan origination and closing.  I get calls every week from a few sales people trying to get me to use their "expert loan auditor" for the foreclosure defense / loan modification / short sale work we do.
About 8 months ago I wrote about the misconceptions that the public has regarding Foreclosure Defenses and what they can and can't do for a distressed homeowner. See that … (4 comments)

palm beach short sale: SHORT SALE BUYER CANCELLED CONTRACT EPIDEMIC - DIAGNOSIS AND CURE - 03/29/09 11:41 AM
This past week my office had 5 short sale buyer's walk from their contracts!  Although I use an exclamation mark, it is not an unusual occurrence.  In fact it seems that it takes 4 contact buyers to make a short sale finally happen.  If that was an average for a traditional sale situation, Realtors and title agencies would be climbing the walls. 
The general failure of short sale buyers to not close is the fault of the system created by the current finance and real estate sales market - but it needn't be.  Just consider:
1.  In a traditional sale, if … (37 comments)

palm beach short sale: SHORT SALES AND MORTGAGE MODIFICATIONS TABLE OF CONTENTS - 11/06/08 02:32 PM
THE TABLE OF CONTENTS HAS BEEN UPDATED AND MOVED - PLEASE CLICK ON THIS LINK TO GET TO THE NEW TABLE OF CONTENTS
CLICK HERE >>>>>>>>TABLE OF CONTENTS - SHORT SALE AND LOAN MODIFICATION ARTICLES
 
Copyright 2009 Richard P. Zaretsky, Esq.
 Be sure to contact your own attorney for your state laws, and always consult your own attorney on any legal decision you need to make.  This article is for information purposes and is not specific advice to any one reader.
Richard Zaretsky, Esq., RICHARD P. ZARETSKY P.A. ATTORNEYS AT LAW, 1655 PALM BEACH LAKES BLVD, SUITE 900, WEST PALM … (18 comments)

 
Richard Zaretsky, Florida Real Estate Attorney (THE ZARETSKY LAW GROUP - Board Certified Real Estate Atty and AUTOMATED LAND TITLE COMPANY)

Richard Zaretsky

Florida Real Estate Attorney

West Palm Beach, FL

More about me…

THE ZARETSKY LAW GROUP - Board Certified Real Estate Atty and AUTOMATED LAND TITLE COMPANY

Address: 1615 Forum Place, Suite 3A, West Palm Beach, Fl, 33401

Office: 5616896660 x 107

Mobile: (561) 329-2279

Legal true life experiences, general observations and commentaries for Realtors, Lawyers and Mortgage Brokers - also see our Palm Beach County Short Sales group blog.
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