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Foreclosure

Why Trustees Might Sell Underwater Rental Properties to Creditors

When an underwater rental property is involved in a New York bankruptcy case, the trustee usually won’t try to sell it, particularly if the debtor is current on the payments. However, some trustees might actually try to sell an underwater rental to the lender under certain circumstances. This can be a disappointment to some debtors …

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Bruce Weiner Saves Another Valuable Property From Foreclosure and Puts $7 Million Into The Hands of His Clients

In another recent complex bankruptcy case, Brooklyn NY foreclosure attorneys Bruce Weiner prevailed in a matter involving two business partners who were fighting. They owned a valuable property which went into foreclosure and they almost lost it to the bank. Mr. Weiner was able to stop the foreclosure and mediated an agreement between the partners to …

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Is Another Mortgage Crash Coming for New York Homeowners?

In the last few weeks, two interesting pieces of news appeared for those interested in America’s housing debt situation. Taken together the articles might affect people who are considering filing New York bankruptcy. One, the Census Bureau’s Housing Vacancy Survey published its fourth quarter 2013 numbers (PDF) as well as its annual estimate of households …

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Bruce Weiner Saves Valuable Park Slope Properties From Foreclosure

In a recent, complex bankruptcy case; Brooklyn NY foreclosure attorneys Bruce Weiner developed a Chapter 11 plan for a local real estate investor that was confirmed in bankruptcy court. The plan resulted in a win-win situation for the creditors, the debtor and a new joint venture partner. The case involved multiple parcels of real estate …

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Why Do People Stay in Underwater Homes in New York?

When the housing bubble burst, home values plummeted and innumerable New Yorkers found that the balances on their mortgages were higher than their houses’ values. Their equity had been wiped out, yet many of them continued staying in their homes nonetheless when they should have seen New York bankruptcy attorney to discuss their options. Why …

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The 5 Requirements Necessary in New York for a Successful Deed in Lieu of Foreclosure

For those behind or who are about to fall behind in their mortgages, they often hear the regular options, mainly short-selling, staying and paying, and defaulting. The easiest option of these three is usually short-selling their homes and dealing with the deficiency, if there is one, later. There’s another, similar option that many homeowners may …

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Bankruptcy: A Partial Solution to the New York Underwater Mortgage

The eight trillion dollar housing bubble burst, and many people took out mortgages for far greater than the actual value of their homes. The collapsing prices for housing wiped out the equity, including down payments, of many people’s homes. The result is the stagnant economy we now have. Unfortunately, many of the homeowners in these …

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Lessons Learned from Comparing the U.S. Mortgage System to Spain’s

You know the story: real estate prices rose through the 2000s, businesses prospered, and home ownership grew with the houses. Houses that the owners financed with low-interest mortgages that they thought they could easily pay off. Then the bubble burst. Unemployment soared, and the homeowners who could not afford to pay down their mortgages also …

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Will the automatic stay protect me from foreclosure in New York?

If you are facing foreclosure on your home in New York and you file for bankruptcy, will the automatic stay protect your home from foreclosure? The answer:  Yes and no. Once you file for bankruptcy, the automatic stay goes into effect and prohibits any creditors from taking any actions to collect money or assets from …

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