Thanks to attorney Jeremy Olsan for providing us with special updates on Senate Bill 458 plus Scam updates regarding pre-foreclosures, short-sales and Loan Modifications. Invaluable to any of our listeners facing a situation of a distressed property. He wanted me to post these Department of Real Estate articles for our listening audience. Remember- an informed consumer is the BEST foil against scammers and sharks!
1. FRAUD WARNING REGARDING LAWSUIT MARKETERS REQUESTING UPFRONT FEES FOR SO-CALLED “MASS JOINDER” OR CLASS LITIGATION PROMISING EXTRAORDINARY HOME MORTGAGE RELIEF—Here’s the link to the whole article:
As the country braces itself for the “Silver Tsunami”, we need to arm our Seniors with good information and guide them through the on-slaught of “help” they are being offered. Tune in Sunday 9-10AM on The News and Talk of Sonoma County KSRO 1350Am.
This week’s show will focus primarily on Senior homeowners who wish to remain in thier homes and “age in place” gracefully….and safely. Our Guests Marilyn Barnes of Senior Helpers North Bay and Frank Samson of Senior Care Athourity are both strong supporters of the local senior community. They offer a wealth of information on aging in place with reliable in home care, home alterations that may be necessary, and ideas on other ways to make staying home a good, safe option.
Marilyn Barnes; Senior Helpers North Bay
Marilyn has worked in the homecare industry for 26 years, starting as a caregiver on nights and weekends and moving to management approximately 11 years ago. Marilyn is an active member in the Sonoma Co. Execs. and a member of the Section on Aging Chapters in Sonoma and Napa counties. Marilyn has been instrumental in starting many community education programs to assist in a better understanding of what services are available, what each service does and helping seniors and their families connect with such services.
Frank Samson; Senior Care Authority
Frank has had a passion for senior care since having to care for family members and personally experience the challenges that face families today. After several years of researching the health care industry, he began Senior Care Authority, which has already helped many families throughout Northern California.
Frank is a member of Section on Aging Chapters in Sonoma, Marin, Napa and Solano Counties. In addition, he is part of the Senior Roundtable in San Francisco. He was also instrumental in starting the North Bay Senior Alliance (NBSA), which assists the aging population with services from in-home care, senior placement, Medi-Cal planning, financial planning and legal services., His expertise in senior care has given him the opportunity to write regular columns on this subject in local newspapers. In addition, he hosts a weekly radio show called “The Aging Boomers” on 91.3 FM, KSVY, Sonoma.
A major award! Obvious “French” in origin–it says “Fragilly” on the box!
We will be drawing for our “Major Award” today for one of our lucky contestants in our “A Xmas Story” trivia contest. Stay tuned as the award will indeed be major!
Also, Allison will be discussing the latest settlement from the Attorney General of California and 9 other states with one of the big “Peer Banks”. This time it is Wells Fargo’s turn to pay for the shoddy loans which Wells Fargo inherited when purchasing Golden West Financial (aka World Savings) and Wachovia. You’ll recall the AG made a very similiar arrangement with BofA and their Countrywide portfolio of loans. They all invole the same type of loan, “Pickapayment” or “NegAm” loans. The settlement numbers, if fully realized, could top 2.4BILLIONS!!
If you suspect you MIGHT be able to get a settlement here’s the number to call: Toll Free–888-565-1422. Wells Fargo will ALSO be mailing out notices!! READ YOUR MAIL!! See the full press release by going to our Box.net site! Here’s the link! Click HERE!
2010 Year in Review–Part I–We’ll look at the market for last year. Do some dissecting, prognostications and general BS about the year that was!!
Being LandLord of Your Own Manor Isn’t Always What it’s Cracked Up to Be!
If you decide you want to be a “landlord” for your own rental property, you may want to consider that this decision may involve a lot of hidden responsibilities that you may be unaware of.
In fact, by choosing to rent out your property, you have created a small business for yourself. This means new obligations to the property, the prospective tenant, and the tenant you eventually choose. Have you read the civil codes? Considered the State and Federal Fair Housing Laws? Looked at your obligation to local housing authorities who may also have a say in how you perform these landlord duties?
Q 9. If the borrower is an occupant of the property, and the lender forecloses judicially (not trustee’s sale), can the lender evict the borrower?
A If the borrower occupies one of the units in the rental property and the lender has foreclosed judicially, then the borrower is entitled to possession throughout the statutory redemption period (either three months or one year depending on the amount received at the judicial foreclosure) (Cal. Civ. Proc. Code § 729.030). The foreclosing lender can charge the borrower rent for this occupancy equal to the value of use and occupation (Cal. Civ. Proc. Code § 729.090(a)).
However, if the occupant/borrower fails to pay rent, the lender probably lacks the ability to evict during the redemption period. After the redemption period, the lender should be able to pursue an action for collection of unpaid rents. (Cal. Civ. Proc. Code § 729.090(a).)
Q 10. If the borrower is the occupant of the property, and the lender forecloses through a trustee’s sale, can the lender evict the borrower?
NAR, the National Association of Realtors has issued a “Red Alert” call to action, asking all Realtors to join them in reminding congress how important theMortgage Interest Deduction (MID) is to national and local real estate markets, and to the economy as well.
There has been talk recently of changes to, or the elimination of, the homeowner’s tax deduction for mortgage interest. The federal policy choice to support and nurture home ownership has been in the Internal Revenue code since its inception. Now is not the time to undermine that basic decision.
The tax system does not “cause” home ownership, People buy homes to satisfy many social, family and personal goals. The tax system facilitates home ownership. The tax system supports home ownership by making it more affordable
The state of the real estate market, whether thriving or struggling, has a huge ripple effect, either buoying, or depressing local economies. Research has consistently shown that a reduction or loss in the MID will cause the value of existing homes to fall. Research also shows that this loss in value is never fully recouped.
With the help and support of its members, the National Association of Realtors has stood up, once again, in support of the MID. They are asking for your continued support.
Realtors, you can go to the NAR website, Realtor.org, and will be connected via cell phone to your representatives in the House, as well as in the Senate. There is also a list of talking points (from a Realtor’s stand point)
For anyone else interested in taking a stand and voicing your opinion, you can find your representatives by going to;
We are very pleased and proud to have Jeremy Olsan “in-studio” this Sunday. It’s been a while since he appeared on the show and many issues have surfaced since his last appearance–Foreclosures, Short-Sales, Debt Foregiveness, Recourse Loans, on and on! We’ll be discussing the recent article in the Press Democrat on faulty foreclosures and the blizzard of lawsuits which will seek relief for those who’s home’s have been repossessed. Should make for a very interesting, highly paced hour!
JEREMY L. OLSAN
PERRY, JOHNSON, ANDERSON, MILLER & MOSKOWITZ LLP
438 First Street, 4th Floor
Santa Rosa, CA 95401
Tel: (707) 525-8800 Fax: (707) 545-8242
Email: firstname.lastname@example.org Website: www.perrylaw.net
Follow this LINK to our Radio Show “Short-Sale,Foreclosure Scam and HAFA” folder. This folder contains all the information we spoke of today plus additional publications on how to do a short-sale and other interesting articles, checklists and alerts. Remember, DON’T sign ANYTHING without first having your attorney and or accountant thoroughly review the document!! At the very least call Allison (799-3617) or Mike (322-8503) to bounce it off of us. Don’t let those “pearly whites” take a chunk out of your pocket book! (All the publications in this file are by the most recent date starting from the top left! )
Listen to Mike and Allison on "The Real Estate Hour", Sundays, 9 to 10am PST, KSRO, 1350AM or 103.5 FM and www.KSRO.com