Category Archives: State

Join us this Sunday, 2/12/12 as we unravel the latest mortgage relief effort…could THIS be the real game changer??

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Federal Government & Attorneys General reach landmark settlement with major banks

Roughly $25 billion in relief for distressed borrowers, states and federal government.

From the “NationalMortgageSettlement.com” website.

After many months of negotiation, 49 state attorneys general and the federal government have reached agreement on a historic joint state-federal settlement with the country’s five largest loan servicers:

The settlement will provide as much as $25 billion in relief to distressed borrowers and direct payments to states and the federal government. It’s the largest multistate settlement since the Tobacco Settlement in 1998.

The agreement settles state and federal investigations finding that the country’s five largest loan servicers routinely signed foreclosure related documents outside the presence of a notary public and without really knowing whether the facts they contained were correct.  Both of these practices violate the law.  The settlement provides benefits to borrowers whose loans are owned by the settling banks as well as to many of the borrowers whose loans they service.

  • About the Settlement: Learn about the settlement, who is affected and what claims may still be pursued against the banks. Find links to your state Attorney General’s Office to find state-specific information and contacts.
  • Help for Borrowers: Learn how to find out if your loan is affected by this settlement, the timeline for relief, how you will know if you are eligible. Find links to your state Attorney General’s Office to find state-specific information and contacts.
  • News: Read the national news release and find links to your state Attorney General’s Web site for state-specific news.
  • Loans owned by Fannie Mae or Freddie Mac are not impacted by this settlement.  You may visit the following websites to learn if your loan is owned by either Fannie Mae or Freddie Mac:

Here’s what the plan will do for homeowners in specific situations;

Mortgage underwater but current with payments. More than 10 million homeowners in the U.S. owe more on their mortgages than their houses are worth. The latest plan would enable people who have been making loan payments on time to save about $3,000 a year on their mortgage by refinancing with lower-interest loans guaranteed by the Federal Housing Administration.

Mortgage underwater and behind with payments. More than $12 billion to be set aside to reduce principal for homeowners who are behind on their payments and owe more than their houses are currently worth.

Victims of foreclosure fraud. The plan will provide payments of about $2,000 a piece to approximately 750,000 families that have been the victim of improper foreclosure practices. Most commonly—routine electronic notarization of documents being transferred from one financial institution to another as part of the foreclosure process–a practice known as robo-signing.

This will most likely apply to people who lost their homes between Jan. 1, 2008, and Dec. 31, 2011.

This week’s show; Attorney Daniela M Pavone on Land Use, Landlord/Tenant, Environmental and Contract Law, Sunday 11/20 1350AM KSRO 9-10AM

  • You’re a landlord with tenant issues…. a tenant in a home facing foreclosure, wondering what your rights are?
  • You have a real estate contract you just don’t understand… Private loan….TIC (tenant in common) terms to be drafted
  • You’re a property owner with a lot line dispute, a neighbor’s tree hanging precariously over your yard…a noisy dog…environmental issues..

Tune in to The Real Estate Hour on Sunday November 20, 2011 / 1350AM KSRO, Streaming live at www.KSRO.com. Call in number is 707-636-1350

The Law Office of Daniela M. Pavone is dedicated to providing personal and effective legal counseling to help individual and corporate clients throughout Sonoma, Mendocino, Lake and Marin Counties tackle their contract, land use, and environmental issues.

Daniela M. Pavone

642 5th Street
Santa Rosa, California 95404
Telephone: (707) 703-4338
Facsimile: (707) 735-5000
DPavone@PavoneLawOffice.com

Landlord/Tenant

I have represented both landlords and tenants in all stages of the landlord/tenant relationship.  I have extensive experience helping landlords to follow the strict eviction procedures to ensure that, should a tenant need to be evicted, it can be accomplished efficiently and legally.  I also have the necessary experience to protect a tenant whose landlord has attempted to initiate an eviction proceeding improperly. I know both sides well, so if your tenant has threatened his or her neighbors with violence or your landlord has cut off your utilities, I can help.

Land Use

I have worked with local government agencies to facilitate zoning changes, divisions of land, boundary line adjustments, and other approvals necessary for the ability of property owners to develop and utilize their property.  I am familiar with the procedures local and state government must follow in the approval or denial of a development permit and have sought redress from both when those procedures have not been followed and the rights of property owners, their neighbors, or other interested parties have not been protected.  If you think a development project was improperly approved or denied, or you would like some guidance in maneuvering through the local bureaucratic maze, do not hesitate to call or stop by.

Real Property

I have handled an array of real property disputes including those involving title, the location of boundary lines, access easements and water rights.

Animal Law

I have experience with an array of animal law issues including helping clients handle damage caused to the property of a neighbor by their animal, obtaining recovery for the death or serious injury to a farm animal by a neighbor’s dog, animal related noise complaints, and helping clients prepare for, and representing them at, vicious dog hearings.

Environmental Law

I am very familiar with the numerous regulations protecting natural resources, specifically the California Environmental Act (CEQA) and the National Environmental Policy Act (NEPA), having argued both in front of local government agencies, the Superior Court and the Court of Appeal.

General Civil Litigation

I have handled a broad range of general civil litigation including bringing and defending claims for breach of contract, fraud, breach of trust, breach of fiduciary duty, negligence, and damage to personal property.

Transactional

I have experience drafting sales and service contracts, buy-sell agreements, road maintenance agreements, residential and commerical leases, purchase agreements and covenants conditions and restrictions (CC&Rs).

Winter’s Coming. Before spending precious dollars on improvements, know WHAT you really need in the way of energy smart improvements.

John Sutter of Applied Building Science is our featured guest today. We’ll discuss the best way to winterize your home, Energy Audits (updated 2011 information), the SCIEP (Sonoma County Energy Independence Program) plus the HERS rating system. Follow THIS LINK for a downloadable color booklet ON the HERS rating system. As they say, “You wouldn’t buy a new car without knowing its “miles per gallon” rating. So why buy a home without a “home energy rating?”

If you would like a HERS energy audit give John Sutter a call. No sense in spending precious dollars on improvements without knowing WHAT you really need in the way of energy smart improvements. John can give you a complete plan: 707-528-3468 or direct: 707-703-5244  jsutter@absnorthbay.com

Seller/Rental Property Owner Alert; Carbon Monoxide Detectors required on all sales as of July 1, 2011

Owners of tenant occupied properties are required to install Carbon Monoxide Detectors in existing  Single Family Homes beginning July 1st, 2011.  Home Sellers are required to install upon sale.  
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 The Carbon Monoxide Poisoning Prevention Act of 2010 requires that existing single family homes have carbon monoxide detectors installed by July 1st.  Other existing dwelling units must have carbon monoxide detectors installed by January 1, 2013.  The Real Estate Transfer Disclsoure Statement contains disclosure language related to this requirement. There are no special carbon monoxide disclosure obligations beyond the TDS.  Violation of the requirements is an infraction punishable by a maximum fine of $200 for each offense. 

Carbon monoxide is an odorless, colorless and toxic gas. Because it is impossible to see, taste or smell the toxic fumes, CO can kill you before you are aware it is in your home. At lower levels of exposure, CO causes mild effects that are often mistaken for the flu. These symptoms include headaches, dizziness, disorientation, nausea and fatigue. The effects of CO exposure can vary greatly from person to person depending on age, overall health and the concentration and length of exposure. More…