Archive for the ‘Loan Modifications’ Category

The $8000 tax credit has made first time purchasers in New York absolutely insane

Monday, May 3rd, 2010

Being a real estate attorney in New York City I can discuss some legalese surrounding Real Estate purchases, but I think there are better way of putting you to sleep.  So, for a minute, allow me to give you my opinion on how absolutely ridiculously dumb this $8000 tax credit is and why I believe it will do nothing to start any type of housing turnaround.

1.  Many people realistically don’t  know if they qualify for the credit:  Many of my clients, but not all, make a nice amount of income and therefore, based on the income limits set forth by the IRS, may not even qualify for this credit to begin with.  However the majority of first time purchasers I have spoken to (and not just my clients) have had absolutely no contact with his/her accountant before proceeding with the purchase to make sure there are no caveats involved in qualifying for this credit.  They just are hoping they qualify.  Nice.

2. An $8000 credit on a $600,000.00 residence is like me enticing you to buy a Mercedes by offering you a free snickers bar and one shoe.  Lets face it, $8000 is $8000 and were in a recession.  But I would base my decision on whether or not to buy now on factors such as the neighborhood, the price of the place, the interest rate you’re receiving, whether or not you see yourself living there for more than 7 years, and/or whether or not the floors are caving in.  Over the life of a loan for a property worth $600,000.00 or even less, $8000 would mean absolutely nothing at all.  Doesn’t matter, people are still offering their first borns for this credit.

3. If you are purchasing a new construction condominium and you haven’t had the place inspected AND you’re rushing forward because you wanted to fit into this 8k credit, then you’re signing a letter absolving me of any responsibility as your attorney.  Look, I’m not a real estate broker, you can go to Trulia.com for that, but lets face it, there are serious legal consequences involved in buying a home, especially if its a new construction.  Half of Park Slope is suing their developers because their windows are falling off.  Williamsburg looks like California after the Gold Rush left town.  The most important thing I tell clients these days is to get their place inspected and to make sure to list the things that need repaired inside the actual contract itself.  If you’re foregoing this crucially important step which can ultimately cost you tens of thousands of dollars down the line because of an 8k credit, then we you have some ‘splainin to do.

At the end of the day what I see, and what I completely empathize with, is that people are very emotional about the places they want to live and purchase.  The ones that are completely unemotional (Ive found something cheap in a decent neighborhood with a low interest rate, low common charges, good condition, and I get this 8k credit) are the ones that may very well come out ahead.

Ive spoken to several New York City Real Estate attorneys last week, who, like me, were burning the midnight oil attempting to get deals done in time for the deadline.  And they all say the same thing:  We’re happy this is finally over.

New York City Bankruptcy Lawyer discusses Loan Modifications

Monday, October 26th, 2009

Actually, New York City Bankruptcy Attorney Daniel Gershburg does not discuss loan modifications…but the Wall Street Journal does.  It’s not often you find this kind of content surrounding Loan Modifications in New York City.  The article, which you can find here discusses loan modifications and if they’re a good idea for you.  They go into detail about whether Loan modifications hurt your credit score and even give some advice as to whether or not you should enter into a loan modification or simply walk away and let the house in New York City be foreclosed.  Check out the article.  It will give you a nice break from me ranting about Chapter 7 Bankruptcy in New York City for a few days!

New York City Loan Modifications are not stopping Chapter 7 Bankruptcies in New York

Monday, September 14th, 2009

Look, lets face it.  Getting a loan modification in New York is about as likely as walking home to find that the Extreme Makeover show has arrived, and they’re going to help you out.  I know that many people are pushing Loan Modifications in New York.  I know there are companies in New York to “assist” you in your loan modification.  However the statistics are staggering.  People are overwhelming not finding any success with Loan Modifications.  If that is what is stopping you from filing a Chapter 7 Bankruptcy case in Brooklyn or a Chapter 7 Bankruptcy case in New York City, I would counsel you to re-asses your situation.  What I mean is:  If you are drowning because you can’t pay your mortgage and you think that a Loan Modification in New York will help you, the chances are it likely wont.  Specifically for individuals in New York City who have too much credit card debt, or who have no savings.  My suggestion is if you are considering filing for Bankruptcy in New York, and a Loan Modification is what is stopping you…go see a Chapter 7 Bankruptcy Attorney in New York as soon as you can to discuss your options.

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