Central District Consumer Bankruptcy Attorney's Association

It needs to be part of your skillful negotiations with the lender.
Desiree Causey, Esq.
Law Office of Desiree Causey
7755 Center Avenue, Suite 1100
Huntington Beach, CA 92647
714-372-2225 (phone)
714-908-7646 (same fax number)
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Thank you for all the answers.
Desiree, assuming that the bank accepts the deed in lieu of foreclosure or if there is a short sale, can the lender file a POC now for a deficiency if they never even filed a POC in the case and the time to file has long expired?
Regards,
Tuan Le
[Tuan-Le-Email-Signature]
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A short sale, I thought makes the debtor eligible for FHA financing within 2 years while a foreclosure extends the time I believe.
It alleviates a disclosure on the standard 1003 loan application related to foreclosures within the past 7 years.
If you need help with the short sale, I am also a real estate broker.
Very truly yours,
Shai Oved
The Law Offices of Shai Oved
7445 Topanga Cyn. Blvd., Suite 220
Canoga Park, California 91303
Tel: (818) 992-6588
Fax: (818) 992-6511
Email: ssoesq@aol.com
www.shaioved.com
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Sent from my iPhone
> On Apr 11, 2017, at 3:15 PM, David Tilem DavidTilem@TilemLaw.com [cdcbaa] wrote:
>
> Yes. Surrender only works if creditor accepts surrender. Its like abandonment it comes out of the estate but remains with Debtor. Whats the benefit of a short sale in this situation (I>
>
>
> David A. Tilem
>
> Certified Bankruptcy Specialist Since 1997
>
> Law Offices of David A. Tilem
>
> 206 N. Jackson St., #201
>
> Glendale, CA 91206
>
> Tel: 818-507-6000 * Fax: 818-507-6800
>
> Toll Free: 888-BK PRO 4U (888-257-7648)
>
> www.TilemLaw.com
>
>
>
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>
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>
>
>
>
>
> The pages comprising this transmission may contain CONFIDENTIAL INFORMATION from Law Offices of David A. Tilem. This information is intended solely for use by the individual or entity named as the recipient hereof. If you are not the intended recipient, be aware that any disclosure, copying, distribution, or use of the contents of this transmission is prohibited. If you have received this transmission in error, please notify us by telephone immediately so we may arrange and correct this transmission.
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> Sent: Tuesday, April 11, 2017 3:14 PM
> To: cdcbaa@yahoogroups.com
> Subject: [cdcbaa] Surrendered Property in Chap 13
>
>
>
>
>
> Dear List,
>
> I have a client in a confirmed Chap 13. One of the Debtor's houses was surrendered as apart of the Chap 13 plan. The bank still has not foreclosed on the property even though it noticed a Trustee sale date pre-petition and debtor is still on title. Could the debtor short sale the property to get off title even though it was surrendered as part of the plan?
>
> Thanks,
> Tuan Le
>
>
>
>
>
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Presumably getting title out of debtor's name.
On Apr 11, 2017 3:15 PM, "David Tilem DavidTilem@TilemLaw.com [cdcbaa]" wrote:
>
>
> Yes. Surrender only works if creditor accepts surrender. Its like
> abandonment it comes out of the estate but remains with Debtor. Whats
> the benefit of a short sale in this situation (Ive always wondered)?
>
>
>
> *David A. Tilem*
>
> *Certified Bankruptcy Specialist Since 1997*
>
> Law Offices of David A. Tilem
>
> 206 N. Jackson St., #201
>
> Glendale, CA 91206
>
> Tel: 818-507-6000 * Fax: 818-507-6800
>
>
> Toll Free: 888-BK PRO 4U (888-257-7648 )
>
> www.TilemLaw.com
>
>
>
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> The pages comprising this transmission may contain CONFIDENTIAL
> INFORMATION from Law Offices of David A. Tilem. This information is
> intended solely for use by the individual or entity named as the recipient
> hereof. If you are not the intended recipient, be aware that any
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> transmission is prohibited. If you have received this transmission in
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> *From:* cdcbaa@yahoogroups.com [mailto:cdcbaa@yahoogroups.com]
> *Sent:* Tuesday, April 11, 2017 3:14 PM
> *To:* cdcbaa@yahoogroups.com
> *Subject:* [cdcbaa] Surrendered Property in Chap 13
>
>
>
>
>
> Dear List,
>
> I have a client in a confirmed Chap 13. One of the Debtor's houses was
> surrendered as apart of the Chap 13 plan. The bank still has not
> foreclosed on the property even though it noticed a Trustee sale date
> pre-petition and debtor is still on title. Could the debtor short sale the
> property to get off title even though it was surrendered as part of the
> plan?
>
> Thanks,
> Tuan Le
>
>
>
>
>
Presumably getting title out of debtor's name.On Apr 11, 2017 3:15 PM, "David Tilem DavidTilem@TilemLaw.com [cdcbaa]" <
Yes. Surrender only works if creditor accepts surrender. Its like abandonment it comes out of the estate but remains with Debtor. Whats the benefit of a short sale in
this situation (Ive always wondered)?
David A. Tilem
Certified Bankruptcy Specialist Since 1997
Law Offices of David A. Tilem
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If the bank has noticed the default/foreclosure, have you considered speaking with the lender and doing a Deed in Lieu to minimize the costs and also get the deficiency waived by the lender?
Desiree Causey, Esq.
Law Office of Desiree Causey
7755 Center Avenue, Suite 1100
Huntington Beach, CA 92647
714-372-2225 (phone)
714-908-7646 (same fax number)
Privileged And Confidential Communication.
This electronic transmission, and any documents attached hereto, (a) are protected by the Electronic Communications Privacy Act (18 USC 2510-2521), (b) may contain confidential and/or legally privileged information, and (c) are for the sole use of the intended recipient named above. If you have received this electronic message in error, please notify the sender and delete the electronic message. Any disclosure, copying, distribution, or use of the contents of the information received in error is strictly prohibited.
Please consider the environment before printing this e-mail.

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