.jpg)
bank refuses to obtain relief from stay & foreclose.
Under Chapter 11, no tax on transfers of property if made pursuant to a
confirmed Plan. My understanding may be off, but I am fairly certain they
can't even charge a fee to record.
Sincerely,
*Michael Avanesian, Esq. *AVANESIAN LAW FIRM
101 N. Brand Blvd., PH 1920
Glendale, California 91203
Tel: 818.276.2477 Fax: 818.208.4550
*Confidentiality**: *This electronic transmission and its contents are
legally privileged and confidential information and intended solely for the
use of the addressee. If the reader of this message is not the intended
recipient, you are hereby notified that any dissemination, distribution,
copying or other use of this message and its contents is strictly
prohibited. If you have received this transmission in error, please reply
to us immediately and delete this message from your directory.
*IRS Circular 230 Disclosure:* To ensure compliance with requirements
imposed by the IRS, please be advised that any U.S. federal tax advice
contained in this communication (including any attachments) is not intended
or written to be used or relied upon, and cannot be used or relied upon,
for the purpose of (i) avoiding penalties under the Internal Revenue Code,
or (ii) promoting, marketing or recommending to another party any
transaction or matter addressed herein.
On Sat, Mar 14, 2015 at 8:33 AM, sam@southbaybk.com [cdcbaa] wrote:
>
>
> I still get calls from my old Vegas clients that they are being held
> accountable for HOA fees dating back 3-4 years post discharge. There are
> some properties that the lenders just don't want due to liability. I
> started doing chapter 13s if we saw this coming, then deeded the properties
> back to the lenders in accordance with the specific terms of the confirmed
> plan, then converted to 7. Too little, to late for the older clients. In
> Nevada, no real estate transfer tax if pursuant to court order. I don't
> know about CA.
>
>
Under Chapter 11, no tax on transfers of property if made pursuant to a confirmed Plan. My understanding may be off, but I am fairly certain they can't even charge a fee to record.Sincerely,Michael Avanesian, Esq.AVANESIAN
LAW FIRM101
N. Brand Blvd., PH 1920Glendale,
California 91203Tel:
818.276.2477 Fax: 818.208.4550Confidentiality:This electronic transmission and its contents are legally privileged and confidential information and intended solely for the use of the addressee. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution, copying or other use of this message and its contents is strictly prohibited. If you have received this transmission in error, please reply to us immediately and delete this message from your directory.IRS Circular 230 Disclosure:To ensure compliance with requirements imposed by the IRS, please be advised that any U.S. federal tax advice contained in this communication (including any attachments) is not intended or written to be used or relied upon, and cannot be used or relied upon, for the purpose of (i) avoiding penalties under the Internal Revenue Code, or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein.
On Sat, Mar 14, 2015 at 8:33 AM, sam@southbaybk.com [cdcbaa] <cdcbaa@yahoogroups.com> wrote:
I still get calls from my old Vegas clients that they are being held accountable for HOA fees dating back 3-4 years post discharge. There are some properties that the lenders just don't want due to liability.I started doing chapter 13s if we saw this coming, then deeded the properties back to the lenders in accordance with the specific terms of the confirmed plan, then converted to 7. Too little, to late for the older clients. In Nevada, no real estate transfer tax if pursuant to court order. I don't know about CA.
The post was migrated from Yahoo.
This is all quite surprising to me. I am fairly certain there are investors
out there who will gladly accept the homes. Next time you want to get rid
of a home, email me!
Sincerely,
*Michael Avanesian, Esq. *AVANESIAN LAW FIRM
101 N. Brand Blvd., PH 1920
Glendale, California 91203
Tel: 818.276.2477 Fax: 818.208.4550
*Confidentiality**: *This electronic transmission and its contents are
legally privileged and confidential information and intended solely for the
use of the addressee. If the reader of this message is not the intended
recipient, you are hereby notified that any dissemination, distribution,
copying or other use of this message and its contents is strictly
prohibited. If you have received this transmission in error, please reply
to us immediately and delete this message from your directory.
*IRS Circular 230 Disclosure:* To ensure compliance with requirements
imposed by the IRS, please be advised that any U.S. federal tax advice
contained in this communication (including any attachments) is not intended
or written to be used or relied upon, and cannot be used or relied upon,
for the purpose of (i) avoiding penalties under the Internal Revenue Code,
or (ii) promoting, marketing or recommending to another party any
transaction or matter addressed herein.
On Fri, Mar 13, 2015 at 6:14 PM, Nicholas Gebelt ngebelt@gebeltlaw.com
[cdcbaa] wrote:
>
>
> Dear David,
>
>
>
> I read the *Watt *decision with great interest. I liked the reasoning so
> much that the next time I have a client with an ongoing HOA obligation who
> wishes to surrender the home, I will urge them to consider Chapter 13
> instead of Chapter 7. I dont know if any Central District judges have
> ruled on the application of 1322(b)(9) to forcing a lender to accept the
> home, and if they have whether they followed *Rosa*, *Rose*, or *Watt*,
> but I think this tactic is worth exploring.
>
>
>
> I noticed that the *Watt *judge quoted Jon Hayes blog, The Central
> District Insider. The article is attributed to Roksana, though it also
> appears to have been written by Siu Yan Chan and John Rao. Therefore, I> not sure who gets the kudos. In any event, its nice to see a court
> referring to a local blog as a quotable resource.
>
>
>
> All the best,
>
>
>
> Nick
>
>
>
> *Nicholas Gebelt*
>
>
>
> Nicholas Gebelt, Ph.D., J.D.
>
> Attorney at Law
>
> Certified Bankruptcy Law Specialist State Bar of California Board of
> Legal Specialization
>
> Commissioner, California State Bars Bankruptcy Law Advisory Committee
>
>
>
> [image: Description: Description: Description:
> cid:image003.jpg@01CC076B.B14D73C0]
>
>
>
> Law Offices of Nicholas Gebelt
>
> 15150 Hornell Street
>
> Whittier, CA 90604
>
> Phone: 562.777.9159
>
> FAX: 562.946.1365
>
> Email: ngebelt@goodbye2debt.com; ngebelt@gebeltlaw.com
>
> Web: www.goodbye2debt.com
>
> Blog: www.southerncaliforniabankruptcylawblog.com/
>
>
>
> *Important notice required by 11 U.S.C. 528:* We are a debt relief
> agency. We help people file for bankruptcy relief under the Bankruptcy Code.
>
>
>
> *Confidentiality Note*: This e-mail is intended only for the person or
> entity to which it is addressed and may contain information that is
> privileged, confidential, or otherwise protected from disclosure.
> Dissemination, distribution, or copying of this e-mail or the information
> herein by anyone other than the intended recipient, or an employee or agent
> responsible for delivering the message to the intended recipient, is
> prohibited. If you have received this e-mail in error, please notify us
> immediately at 562.777.9159 or e-mail info@gebeltlaw.com and destroy the
> original message and all copies.
>
>
>
> *Representation Note*: If you have not signed a contract of
> representation, the Law Offices of Nicholas Gebelt do not represent you,
> and this email does not contain any legal advice for you.
>
>
>
> *IRS Circular 230 Disclosure: *In order to comply with the requirements
> imposed by the Internal Revenue Service, we inform you that any U.S. tax
> advice contained in this communication (including any attachments) is not
> intended to be used, and cannot be used, for the purpose of (i) avoiding
> penalties under the Internal Revenue code, or (ii) promoting, marketing, or
> recommending to another party any transaction or matter addressed herein.
>
>
>
> *From:* cdcbaa@yahoogroups.com [mailto:cdcbaa@yahoogroups.com]
> *Sent:* Friday, March 13, 2015 3:12 PM
> *To:* cdcbaa@yahoogroups.com
> *Subject:* Re: [cdcbaa] bank refuses to obtain relief from stay &
> foreclose.
>
>
>
>
>
>
> http://www.orb.uscourts.gov/sites/orb/f ... -tmb13.pdf
>
> Sent from my iPhone
>
>
> On Mar 13, 2015, at 3:05 PM, David Jacob david@dpjacob.com [cdcbaa] cdcbaa@yahoogroups.com> wrote:
>
>
>
> Familiar story from our recent HOA CLE, the bank did not take the house &
> the HOA fees kept running. Take a look at those cases in that presentation.
> Look at in re watt out of Oregon.
>
> Sent from my iPhone
>
>
> On Mar 13, 2015, at 1:44 PM, patricia said patriciahsaid@yahoo.com
> [cdcbaa] wrote:
>
>
>
> I have a Chapter 13 client who surrendered his residence post
> confirmation and the plan was modified to reflect this change. An order
> was entered by the court granting the momod over a year ago. . However
> bank continues to send the debtor notice of payment change on the mortgage
> and information about the insurance that they have placed on the property,
> despite my letters informing them of the entered order modifying the plan.
>
> I would welcome any suggestions as to how to proceed, since the plan will
> end this year.
>
> Thank you.
>
> Pat Said.
>
>
>
> *Patricia Said*
>
> *Attorney at Law*
>
> *13443 McCormick Street*
>
> *Sherman Oaks, CA 91401*
>
> *(818)789-0781 fax (818)789-5820 *
>
> *patriciahsaid@yahoo.com *
>
>
>
> This electronic message contains information from the Law Office
> of Patricia Said which may be privileged and confidential.
>
> The information is intended for the use of the addressee(s) only. If you
> are not an addressee, note that any disclosure, copying, distribution or
> use of the contents of this email is prohibited. If you receive this email
> in error, please contact the sender.
>
>
>
This is all quite surprising to me. I am fairly certain there are investors out there who will gladly accept the homes. Next time you want to get rid of a home, email me!Sincerely,AVANESIAN
LAW FIRM101
N. Brand Blvd., PH 1920Glendale,
California 91203Tel:
818.276.2477 Fax: 818.208.4550Confidentiality:This electronic transmission and its contents are legally privileged and confidential information and intended solely for the use of the addressee. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution, copying or other use of this message and its contents is strictly prohibited. If you have received this transmission in error, please reply to us immediately and delete this message from your directory.IRS Circular 230 Disclosure:To ensure compliance with requirements imposed by the IRS, please be advised that any U.S. federal tax advice contained in this communication (including any attachments) is not intended or written to be used or relied upon, and cannot be used or relied upon, for the purpose of (i) avoiding penalties under the Internal Revenue Code, or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein.
On Fri, Mar 13, 2015 at 6:14 PM, Nicholas Gebelt ngebelt@gebeltlaw.com [cdcbaa] <cdcbaa@yahoogroups.com> wrote:
Dear David,
I read the
Watt decision with great interest. I liked the reasoning so much that the next time I have a client with an ongoing HOA obligation who wishes to surrender the home, I will urge them to consider Chapter 13 instead of Chapter 7. I dont know if any Central
District judges have ruled on the application of 1322(b)(9) to forcing a lender to accept the home, and if they have whether they followed
Rosa, Rose, or Watt, but I think this tactic is worth exploring.
I noticed that the
Watt judge quoted Jon Hayes blog, The Central District Insider. The article is attributed to Roksana, though it also appears to have been written by Siu Yan Chan and John Rao. Therefore, Im not sure who gets the kudos. In any event, its nice to
see a court referring to a local blog as a quotable resource.
All the best,
Nick
Nicholas Gebelt
an>
Nicholas Gebelt, Ph.D., J.D.
Attorney at Law
Certified Bankruptcy Law Specialist State Bar of California Board of Legal Specialization
Commissioner, California State Bars Bankruptcy Law Advisory Committee
an>
Law Offices of Nicholas Gebelt
15150 Hornell Street
Whittier, CA 90604
Phone: 562.777.9159
FAX:et"_blank">562.946.1365
Email:
ngebelt@goodbye2debt.com;
ngebelt@gebeltlaw.com
Web:www.goodbye2debt.com
Blog:www.southerncaliforniabankruptcylawblog.com/
an>
Important notice required by 11 U.S.C. 528:
We are a debt relief agency. We help people file for bankruptcy relief under the Bankruptcy Code.
Confidentiality Note: entity to which it is addressed and may contain information that is privileged, confidential, or otherwise protected from disclosure. Dissemination, distribution, or copying of this e-mail or the information herein by anyone other than the intended recipient,
or an employee or agent responsible for delivering the message to the intended recipient, is prohibited. If you have received this e-mail in error, please notify us immediately at 562.777.9159 or e-mail
info@gebeltlaw.com and destroy the original message and all copies.
Representation Note: the Law Offices of Nicholas Gebelt do not represent you, and this email does not contain any legal advice for you.
IRS Circular 230 Disclosure:
In order to comply with the requirements imposed by the Internal Revenue Service, we inform you that any U.S. tax advice contained in this communication (including any attachments)
is not intended to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue code, or (ii) promoting, marketing, or recommending to another party any transaction or matter addressed herein.
From: cdcbaa@yahoogroups.com [mailto:cdcbaa@yahoogroups.com]
Sent: Friday, March 13, 2015 3:12 PM
To: cdcbaa@yahoogroups.com
Subject: Re: [cdcbaa] bank refuses to obtain relief from stay & foreclose.
http://www.orb.
The post was migrated from Yahoo.