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Oscar Morante

Free Loan Modification, Short Sale, Debt Settlement and BK Work Shop for Homeowners - DT Portland

FREE WORKSHOP

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Presented By Realtor & Attorney Loss Mitigation Group

You Ask - We Answer

Space Limited to 10

Subjects Covered:

  • Loan Modification
  • Debt Settlement
  • Bankruptcy
  • Short Sales
  • Post Foreclosure Issues

Dates:

  • Most Thursdays 6:30pm to 7:30pm
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Location:

  • Schwindt | Richardson Law Firm, LLC
    24 NW 2nd Ave., Suite 200
    Portland, OR 97209

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Workshop Description

In this event you will learn the ins and outs of loan modifications, debt settlement, bankruptcy and short sales. This is an informational event in which we will get to know each other. You will learn the main aspects of the mentioned inter-related subjects so you can make a decision of who to proceed, and the services we can provide to you. There will be no hard sales pitch. You will get real knowledge. If you decide to hire us for real estate and legal services, that will be even better.

Seminar Outline

6:15pm Start check in

6:30pm Introduction

6:40pm Powerpoint presentation

  1. Intro ot debt resolution
  2. Credit damage scale
  3. Debt settlement
  4. Loan modification
  5. Short sales
  6. Bankruptcy
  7. Debt charge-offs

7:10pm Question and Answers Session

7:30pm End

Expert Panel

Oscar Morante, Realtor: NW Loss Mitigation, LLC and Century 21 Cascade Pacific Realtor. Oscar is an active Realtor, owner of NW Loss Mitigatigation, LLC, and a short sales expert. He developed this seminar based on his experience settleling his own credit card debt. Oscar is a very engaging speaker, and excellent at making complicated subjects easely understandable.

Christopher Schwindt, Attorney: SRL Law Firm. Chris is seasoned attorney, expert in real estate, business and bankruptcy law. He is licensed in Oregon and Washington. His firm represents consumers with services ranging from transactional help to loan modifications, short sales and foreclosure prevention.

Lisa Porter, Attorney: SRL Law Firm: Lisa is a seasoned consumer protection litigation attorney. She is licensed in Oregon and Washington. She specializes in consumer protections issues and has won lots of cases. If you have been wronged by a creditor or bank, she may even make you money.

David Richardson, Attorney: SRL Law Firm: Bankruptcy and general practice attorney. Licensed in Oregon and Washington. Dave is an expert in resolving all financial distress issues in a coordinated and rapid way.

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www.bestshortsales.com www.oscarpdx.com www.nwlossmit.com

Second Mortgage Foreclosure Lawsuit Situation Continued - Washington State Law

Thanks for contacting me for this. I am in the process of creating a "Do It Your Self Debt Settlement" course. "Charged Off" means that the creditor sold the debt for to a third party at a loss. You will most likely get a 1099C for the lenders losses. Now you owe the debt to someone else. You can pay that debt when you can. If you can't right now, don't stress too much but be on top of it. It will not be forgiven. If you don't pay it, it will eventually become Zombie debt. That is debt likely to re-surface sometime in the future. That will probably be at a bad moment for you. Most likely the people that bought your debt will track you for triggers until you pay them on a settlement (and beyond). So settle them when you can. Another thing to look at is bankruptcy. The thing is to eliminate the problem as soon as you can. You can also work with a debt settlement company. I can connect you for this. Does this help? Let me know.

NOTE: I replied you last Friday. Washington state does not have a purchase money protection statute. You attorney is right. You owe that money.

Let me know about this developments. That will help me better attend clients. Thanks.

Sincerely,

Oscar

Oscar, the second mortgage amount was for approximately 65,000.00 and it was purchase money. After consulting with my attorney xxxx regarding this matter, I asked him to draft a letter explaining my situation and asked to settle for 6500.00 or essentially 10 percent which is what most banks agree to if there is a short sale on the property. A couple weeks later the lawyers for Citibank counter offered with 16,490.00 and two months to pay it off. Although that is generous and I appreciate their grace in this matter, the truth is if I had 16,490.00 I would have been able to keep my house and avoid foreclosure. Also, I would need a lot more than two months to pay that kind of money. I havent responded to them yet as i've been seeking a second opinion. I looked at my credit report and it says the debt has been settled and written off. Im a little confused then as to why im being pursued. Is this just a lawyers office/ debt collection agency that has bought the debt and is looking for a return? I dont want to and cant afford to pay 16,490.00 for something that has possibly been written off anyway. I know you are a busy person and I greatly appreciate you taking the time to respond and look into this for me. xxxxxx

www.bestshortsales.com www.oscarpdx.com www.nwlossmit.com

Second Mortgage Foreclosure Lawsuit Situation - Washington State Law

One of my clients just inquired about the following. I consulted this with my local real estate attorney.

Situation:

The client had two mortgages on the house. This were original purchase money loans. NO refi or Heloc. The client got foreclosed. The second mortgage holder is now after the homeowner. They are threatening law suit. Can that happen?

Reply:

Oscar:

I do not believe there is any protection for "purchase money" mortgages in WA.

Here is the relevant portions of the statute. There is no deficiency judgment if the elected remedy is a non-judicial trustee sale foreclosure and the sale is active or goes through. However, any lender can elect to seek recovery on the note instead of foreclosing, which is what a second-position lender out-of-equity is likely to do.

RCW 61.24.100

•(1) Except to the extent permitted in this section for deeds of trust securing commercial loans, a deficiency judgment shall not be obtained on the obligations secured by a deed of trust against any borrower, grantor, or guarantor after a trustee's sale under that deed of trust.

(2)(a) Nothing in this chapter precludes an action against any person liable on the obligations secured by a deed of trust or any guarantor prior to a notice of trustee's sale being given pursuant to this chapter or after the discontinuance of the trustee's sale.

It seems like the 1st foreclosed so now the 2nd is coming after them personally on the note, which appears to be allowable.

www.bestshortsales.com www.oscarpdx.com www.nwlossmit.com

Foreclosed Second Mortgage Law Suit Threat and Situation

xxx:

I understand that you did not refinance. You bought the house with the mortgages present at the time of foreclosure. Is that right? The majority of states have purchase money protection statutes. Oregon and California do for sure. Maybe Washington does not. There are some caveats as well. For example, in Oregon, once the second mortgage is over around $120K, it is treated differently.

I work in Oregon and Washington, so this knowledge is very important to me. I will ask my local Washington attorney for my own knowledge sake. They deal with this issues all the time. Often they take legal action against the banks. That seems to work. Maybe I can get an answer for you today. If not, in a few weeks. He is about to go on vacations.

The issue is this. Lets say that Washington state does not have purchase money protection. If they want to force you into paying they need to take legal action. This takes a long time to even get started. Depending on how much is that second mortgage, interest rate, arrears and likelihood that you can ever pay, it may not be worth them suing you. Chances are you can settle them for less. You may look into bankruptcy alternatives as well. You may discharge them that way, or force them into settlement for less than owed. Keep me informed. This is a hugely important subject.

Oscar


At 10:52 PM 10/29/2009, you wrote:

You've received a contact message from your Contact Form on the ActiveRain network.

Message details: From: xxx Email: xxx Subject: Forclosure 2nd mortgage payoff (Sent via Activerain)

Oscar, after an exhaustive number of attempts to work with my lender to keep my home i sadly lost it to foreclosure. Now the second mortgage lender is threatening to take me to court for the balance on the second. The different professionals i worked with through this ordeal told me that the second mortgage goes away after a foreclosure when its purchase money (which it was) but they can come after you only if its refinance or equity line of credit money. After I recieved the letter from the attorney supposedly working for Citibank, I contacted a real estate lawyer in Lynnwood, WA and he stated that I was in fact responsible to pay this debt. Im being referred to you by my friend and mortgage specialist xxx of Lynnwood, WA and I hope you can advise me on this matter or put me in contact with someone you work with and trust. Thank you for your time. xxx Bothell, WA xxxx

Oscar Morante
www.bestshortsales.com
oscar@bestshortsales.com
Ph: 971-222-3734
Fx: 503-296-5663
9220 SW Barbur Blvd.
Suite 119 - #159
Portland, Or 97219

www.oscarpdx.com www.bestshortsales.com www.nwlossmit.com

Most Chanlenging Lenders - Loan Mods and Short Sales

Friends,

This is the list of most challenging lenders for getting loan mods and short sales.

Need short sale or loan modification help? If you are in the Portland Metro area call me a 971-222-3734 or email me at info@bestshortsales.com


LENDERS THAT ARE CHALLENGING TO WORK WITH:
(We recommend a Forensic Loan Audit be conducted with these lenders)
· Indy Mac*
· US Bank
· CitiMortgage
· Wilshire Credit Corp.
· First Franklin
· Flag Star
· Ocwen
· Credit Unions
· Sun Trust Mortgage
· HSBC
· Downey Savings

*Are not postponing sale dates even if the file is in review and will not do investments regardless if it's occupied.

www.oscarpdx.com www.nwlossmit.com www.bestshortsales.com