Dave Halpern Louisville Short Sale Expert (502) 664-7827

Archive for the ‘Debt Relief and Short Sales’ Category

Can a Foreclosing Lender Take The Borrower’s IRA or 401(k) in a Short Sale?

leave a comment »

The summary answer is “NO”. A short sale is a voluntary agreement between the short sale lender and the borrower who is the selling the property for less than owed. The borrower is not obligated to accept the terms of the short sale or any of the lender’s demands.

Likewise, the lender is not obligated to agree to a short sale.

If the short sale lender stipulates that the seller must cash in their protected retirement fund and contribute it at closing, the seller should consult professional legal and tax advisors. The owner of a 401(k), IRA or other retirement device has both rights and obligations.

The SELLER Does Not Have To Agree To Anything – It is a Choice!

If the lender wants the borrower to break open their retirement fund to contribute towards the shortage, the borrower can refuse and opt for other courses of action including but not limited to foreclosure, bankruptcy or a variety of loan modifications.

Likewise, The LENDER Does Not Have To Agree To Anything – It is a Choice!

If the borrower refuses to bring their retirement funds to the real estate closing then the short sale lender needs to make a business decision if it’s better for lender to lose more through foreclosure or if the borrower files bankruptcy.

Here are some specific questions that the seller should ask a lawyer and/or tax professional:

  1. Is it legal for the lender to demand the borrowers break open their retirement account?
  2. If the lender obtains a deficiency judgment, is the retirement fund protected?
  3. If the borrower files bankruptcy, is the retirement fund protected from creditors?

With all that said, here’s an actual case study of a successful short sale we closed in Louisville, Kentucky:

  • Debt over $200,000
  • Highest offer $172,000
  • Seller, single mom, had $40,000 in her 401(k)
  • The lender wanted $10,000 seller contribution, told her to use her 401(k) which after taxes and penalties would leave her with almost nothing, especially after tough separation and divorce
  • Long story short: Seller said no, would rather file bankruptcy, lender backed off, short sale closed with lender waiving the deficiency.

Sellers should always seek the advice of professionals; Real estate agent who specializes in short sales, CPA or tax attorney and a bankruptcy attorney if the seller deems it necessary.

Dave Halpern

Louisville Short Sale Expert Realtors

If you owe more than your house is worth and you’re struggling with payments – please call Dave for short sale help (502) 664-7827

Advertisements

A Short Sale Can Provide The Peace of Mind You Deserve

leave a comment »

Welcome Neighbor,

Come on in, I’m glad you’re here.

Reading this is an important step towards putting your overwhelming mortgage debt and mortgage payments behind you.

You’re in a situation you never dreamed of;

  • You owe more than the house is worth
  • Struggling with mortgage payments
  • Facing foreclosure
  • Don’t know what to ask, who to ask, who to believe.
  • You are under stress you do not deserve, and wondering what is the best way out.

Everyone you ask has a different answer; Friends, family, lawyers, Realtors, the internet. Your lender is calling you, sending you letters.

Here’s my promise to you:

  • I will answer all your questions. I will support all my answers with years of experience, extensive training and with much written documentation.
  • I will show you many heartfelt testimonials, from real people, right here in the Louisville area.
  • I will not rush you through anything. I will earn your confidence.

If I have the privilege of helping you through your mortgage problem, you will experience that we are:

  • Friendly
  • Trustworthy
  • Compassionate
  • Knowledgeable

I have helped many homeowners sell their house with dignity rather than lose it to foreclosure. I have negotiated with banks to forgive, in writing, large amounts of debt. You want to move on. Let us help.

You deserve peace of mind, stability and balance back in your life. This is real, please call me personally to my cell phone (502) 664-7827 any day of the week from 8 AM until 9 PM.

Dave Halpern

Broker

Louisville Short Sale Expert Realtors

Profile of a Short Sale: “Everything Goes Up Except Wages”

leave a comment »

Sellers are hurting and suffering silently. As a Realtor specializing in short sales I have the privilege of helping sellers attain the debt relief they desperately need.

Some like to put blame on the homeowner who bought more than they afford and lived above their means.

Sorry, that doesn’t fit the profile of the grandmother I am helping now who declared “Everything goes up except wages!”

The manufacturing company she works in  for in Louisville KY had sixteen machines, 30 employees, 3 full shifts. They are now down to 3 machines, 4 employees and unsteady work. The product is now being manufactured by someone else, in China.

She has not gotten a raise in 4 years. She lives in a modest home in the south end of Louisville that she bought in 6 years ago. Values have gone down but she needs to sell. The husband’s income has also been curtailed. 50% of their diminished take home pay goes to pay the mortgage. The children help with the bills when they can.

This hardworking couple is tired of the struggle. Neither have fancy degrees in economics or journalism. They couldn’t write a 100 page thesis on how it’s the homeowner’s fault. They couldn’t go on a financial talk show and vilify borrowers for living above their means.

But they do know how to tell it like it is.

Dave Halpern

Broker

Louisville Short Sale Expert Realtors

(502) 664-7827

Thousands of Louisville Houses Go To Foreclosure – Unnecessarily

leave a comment »

Sadly, every year thousands of houses get scheduled for foreclosure auction in Louisville, KY. Behind every home is a borrower who now has to pick up the pieces and recover from a foreclosure.

However, most of these foreclosures could have been avoided. The various foreclosure avoidance techniques include:

  1. Loan modification and various repayment plans
  2. Short sales
  3. Deed-in-lieu of foreclosure

 

Here’s a brief overview of these methods:

Loan Modifications

Homeowners who want to keep their house and believe they can afford it should apply for a loan modification. There are many variations of a loan mod, including repayment plans, forebearance, and permanent or temporary interest rate reductions. These programs change often, and homeowners should check with their lender for current programs. Some people use the phrase loan remodification.

Deed-in-Lieu of Foreclosure

“Lieu” is a fancy latin word for “instead”. A deed-in-lieu of foreclosure means that instead of going through foreclosure, the owner can give the deed or give the house to the bank. This saves the bank the hassle of foreclosing, but it’s worse on the borrowers credit than a short sale. Sometimes owners call this giving the house back to the bank.

Short Sale

When the lender accepts an amount short of the full payoff, it’s called a short sale. When done correctly, the lender forgives the shortage. Always hire a professional Realtor who specializes in short sales to help you navigate the process. The right real estate agent will get it done and you will sell your house with dignity and not lose it or give it to the bank.

Dave Halpern helps dozens of homeowners avoid foreclosure every year, right here in Louisville.

For real testimonials from real people, click here. The sellers we have helped are so satisfied with the debt relief and the emotional relief we provided them they gladly permitted us to use their names and often publish their phone numbers so you can call to verify the success story.

You could be the next one on the way to recovery. Please call us at any time, seven days a week.

Dave Halpern

Broker

Louisville Short Sale Expert Realtors

(502) 664-7827

The Importance of Using a Short Sale Expert

leave a comment »

 The Importance of Using a Short Sale Expert

By David Halpern, Louisville Short Sale Expert, (502) 664-7827 and (502) 895-3100

In my city alone there are hundreds, maybe thousands, of homeowners who unnecessarily lose their homes to foreclosure each year who could have avoided it if their Realtor would have successfully procured a short sale.

Even a highly trained short sale expert cannot stop a bank from defeating itself and not every short sale will get to closing. But it is the Realtor’s responsibility to diligently and methodically go through the dozens of extra steps that don’t exist in a traditional listing.

With the introduction of HAFA short sales the homeowner has the opportunity of receiving great incentives for successfully completing a short sale, namely mandatory debt forgiveness and a $3,000 cash payment from the lender. Realtors who fail to procure the short sale can cause their clients to lose these monetary incentives.

Realtors who are not thoroughly trained and don’t have the time, staff or resources to handle short sales should simply not take on this complex negotiation. The clients come first and it is imperative that they get the best chance of avoiding foreclosure.

If a traditional sale doesn’t sell in a timely manner the seller will endure some sort of inconvenience. However, if a client is facing foreclosure and the short sale doesn’t happen on time or doesn’t take place at all, the seller can suffer irreversible monetary and emotional damage.

Often Realtors feel obligated to take a short sale listing because of their friendship or prior relationship with the seller. Other professionals such as doctors and lawyers refer clients to specialists. Contractors bring in specialized subcontractors. Likewise, Realtors should refer their short sales to Realtors who are experts in this highly specialized field. This way their clients receive the best care and the referring Realtor still gets some compensation. The referring Realtor is still the hero because he or she was resourceful enough to bring in the expert.

Dave Halpern, Broker

(502) 664-7827

Dave Halpern successfully closes dozens of short sales each year in Louisville, Kentucky. Dave has helped many homeowners avoid foreclosure and bankruptcy by skillfully procuring a short sale for them. The seller has zero out of pocket costs. The foreclosing lender pays all closing costs and commissions on behalf of the seller. Many Realtors in the Louisville area refer and outsource their short sales to Dave due to his extremely high success rate.

Please check these testimonials from satisfied clients https://davehalpernlouisvilleshortsaleexpert.wordpress.com/category/david-halpern-testimonials/

How to choose the right Short Sale Realtor http://shortsalesrealtorslouisvilleky.wordpress.com/2010/03/21/short-sales-in-louisville-–the-right-realtor-makes-all-the-difference/

Follow me! http://twitter.com/dave_halpern

Connect! http://www.linkedin.com/in/davehalpern

Subscribe! https://davehalpernlouisvilleshortsaleexpert.wordpress.com/

http://activerain.com/davehalpern

http://shortsalesrealestateagentslouisvilleky.com 

http://www.trulia.com/blog/dave_halpern

Check out my articles! http://ezinearticles.com/?expert=Dave_Halpern

Blogspot http://louisvilleshortssalesexpertdavehalper.blogspot.com/

http://www.squidoo.com/DavidHalpernLouisvilleKYShortSalesExpert

http://shortsalesrealtorslouisvilleky.wordpress.com/2010/04/04/short-sales-–-can-i-sell-even-if-i-owe-back-property-taxes/

Short Sales in Louisville – Sell Your House and Lose Your Debt

leave a comment »

Can you sell your house for less than what you owe and feel good about it? Yes! Think in terms of debt relief.

Do you need to sell but can’t get enough to pay off your mortgage? Millions of responsible Americans, through no fault of their own, now owe more on their house than the house is worth. Market values have been plummeting around us since 2006.

The problem intensifies when the owner has to sell due to financial hardship. Unemployment and job instability is rampant. Life events such as injury, illness or divorce take a bite out of the ability to cover the mortgage payment. Sometimes positive events such as expansion of the family or relocating for a better job simply make the current house no longer part of the plan.

Banks are being slammed with millions of homeowners who have no choice but to stop making their payments. Droves of homeowners are walking away from their home.

Banks are simultaneously reluctant and eager to let the homeowner sell their house for an amount short of what’s owed, hence the term “short sale”. They are reluctant because the lender obviously does not want to lose thousands or tens of thousands of dollars. However, they are eager to approve a short sale because it’s cheaper for the lender to lose a controlled dollar amount now rather than lose an unpredictable higher amount much later after spending time and money foreclosing and dumping the house a bank owned foreclosure.

If you are in this situation, please realize that you are actually doing the lender a favor by voluntarily engaging in the short sale process. You have the power to help the lender reduce their losses. You have more options and more control than you may have imagined.

In a short sale process, you are selling your house, you are not losing it. You are getting rid of oppressive debt while doing the lender of favor. You are taking action and making a bad situation better for yourself, for your family and even for the lender. When friends, family and neighbors ever ask what happened to your house, you can honestly say you sold it. “Sold it”, not “lost it”.

In these challenging times, please allow yourself to visualize yourself at a real estate closing, sitting there and crossing your mortgage off your worry list. You deserve that peace of mind. You can do it.

Dave Halpern, Real Estate Broker

(502) 664-7827

Dave successfully closes dozens of short sales each year in Louisville, Kentucky. Dave has helped many homeowners avoid foreclosure and bankruptcy by skillfully procuring a short sale for them. The seller has zero out of pocket costs. The foreclosing lender pays all closing costs and commissions on behalf of the seller. Many Realtors in the Louisville area refer and outsource their short sales to Dave, due to his extremely high success rate.

http://www.LouisvilleShortSaleExpert.com

Follow me! http://twitter.com/dave_halpern

Connect! http://www.linkedin.com/in/davehalpern

Subscribe to my blog! https://davehalpernlouisvilleshortsaleexpert.wordpress.com/

http://activerain.com/davehalpern

http://www.trulia.com/blog/dave_halpern

Check out my articles! http://ezinearticles.com/?expert=Dave_Halpern

Written by davehalpern

March 13, 2010 at 12:53 pm