We all know that life is unpredictable,
and circumstances often arise which prevent you from meeting
the demands of creditors. We are not here to pass judgment
on you, or question your integrity, we are legal and real
estate professionals who will diligently analyze your individual
financial situation and find you a realistic solution which
meets your objectives.
For many clients, that means keeping
them in their home at any cost, for others it means eliminating the burden of unreasonable mortgage payments and preserving credit . There simply is not one right solution for everyone, and no one can tell you
what is right for you without thoroughly analyzing your financial
situation. We have no interest in buying your home, refinancing
your loan or prospering from your misfortune. We understand
the mortgage industry from years of experience, we don't
try to fit you into a “program,” we design the program for
you. If credit cards or medical bills are the problem, we
can help with those too.
Our best weapon in the battle with
mortgage companies is the Truth in Lending Act (“TILA”) and the Real Estate Settlement Procedures Act (“RESPA”). These are
guidelines mortgage companies must follow when originating
loans. Nearly every residential mortgage loan has TILA and/or RESPA violations which can be used as leverage in negotiations, or litigated.
A few possible solutions include:
a modification or restructuring of your current loan to lower your payments , a recapitalization of back payments onto the principal of the loan, a rescission
of your current loan, a short sale of your property, a lawsuit
against the mortgage company for misrepresentations or a California bankruptcy, which often includes a bankruptcy Court mandated restructuring plan. Since
Attorney Timothy McFarlin is an experienced California bankruptcy attorney, all options can be fully explored.
If the property has become too much
of a burden, there are always options which can allow a borrower to just “walk away” from the bad investment without it affecting their financial future through
judgments, wage garnishments, bank levies, etc. Frequently
this can be achieved through a deed in lieu of foreclosure or, alternatively, a short sale of the property. A hard money bad credit mortgage loan is sometimes an option,
but only as a last resort. At the very least, we can help
a borrower find an honest investor to work with.
BEWARE : There
are many scoundrels who prey on consumers in distress, please
don't become a statistic, let McFarlin & Geurts, LLP, represent you through this difficult time.
BEWARE : Mortgage
companies have become much more aggressive in pursuing borrowers
for mortgage fraud, if you made overly “optimistic” representations
on your loan documents and are now facing foreclosure, it
is imperative that you have representation through the foreclosure
process … for your own protection.
