Rethinking Short Sales? Maybe. But only sometimes and not without legal advice first…

Marin and San Francisco bankruptcy attorney on: Letting a home go by short sale may enable a borrower to re-qualify to buy a new home sooner than would likely be the case in the event of a bankruptcy or foreclosure.

Should you walk away from your mortgage and what happens if you do?

As this dog-tired economy continues to drag on, with no relief in sight and no bounce-back in home prices appearing anywhere on the horizon, the single question I am asked most frequently is “Should I walk away from my mortgage, and if I choose to do that, what are my options?” Usually it comes in [...]

60 Minutes Segment on Strategic Defaults

60 Minutes show on strategic defaults.

California anti-deficiency rules and statutes: When can a mortgage lender in California recover a deficiency after foreclosure?

California has some of the most generous, pro borrower anti-mortgage loan deficiency statutes in the country. Here in one place they are listed and briefly described. This post is not a substitute for specific legal advice, however, and if you think you may have a deficiency exposure, you should see a qualified real estate lawyer to help you plan a course of action.

Low rate of bankruptcy fraud prosecutions are (apparently) attracting attention. Oh really? (LinkedIn Q&A)

On December 27, 2009, in Asset Protection, Bankruptcy, LinkedIn Q&A, Real Estate Law, Scams and Frauds, Stupid Politics, by David C. Winton

Low rate of fraud investigations and prosecutions tied to evidentiary burdens created by the Bankruptcy Code, overworked prosecutors and United States Trustees, underpaid private trustees, the financial privacy laws and the lopsided cost of investigations.

How to File Bankruptcy: What the Federal Government Wants You to Know

On October 18, 2009, in Asset Protection, Bankruptcy, Bankruptcy Courts, by David C. Winton

This is an excerpt from the Federal Government’s website on various bankruptcy basics, such as how to file, what you can hope for, the basic procedures you’ll be dealing with. I offer it as a fair, unfiltered picture of what bankruptcy is all about. However, like much of what the government tells, us, this isn’t the whole story, and for a better understanding of what bankruptcy can do for you–be it Chapter 7, Chapter 11 or Chapter 13–and what expectations are reasonable, you should contact a bankruptcy attorney. Be prepared to provide detailed information on your financial and other assets, your debts and other liabilities.

Personal Bankruptcy: So you thought that (expensive) limited liability company would protect you? Think again.

On October 15, 2009, in Asset Protection, Bankruptcy, Corporation and Entity Law, Mortgages, by David C. Winton

The Wall Street Journal recently ran an article about how, when small businesses are forced to file for bankruptcy protection, the inevitable result is that it usually takes the owners down with it. This is extremely common, and far more frequently the rule than the exception. Why does this happen? Why, if the proprietor has gone [...]

California Mortgage Deficiencies (Part 1): What’s a Deficiency Anyhow?

Now, first off, I know that the title I’ve chosen for this post is about as unsexy and non-juicy as it can be.  That’s okay.  I can take it.  It’s boring.  I can hear marketing consultants hollering about how I need to make my title more grabby, sticky, etc.  Yawn. What can I say?  Trying to [...]