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Choosing a Great Attorney

Finding a great attorney can be a difficult task.  Many factors need to be taken into account before this choice can be made.  The person that is chosen to represent you not only is invaluable for dispensing legal information, but also offers strategic advice and has the ability to apply sophisticated technical skills to the legal issues at hand.  Ideally one should seek to find an individual to serve as more of a “legal coach.”  Such a person would help to educate you to the maximum extent in regards to your specific legal situation and would offer the ability to take over as your legal council only when it is deemed necessary.
 
There are several things to be considered when deciding to select an individual as your legal representative and there are a variety of avenues that you can explore before you make your final decision.  One of the most tried and true ways of receiving information has been around as long as civilization itself…word of mouth.  Personal referrals are an excellent source of information.  Speaking with family, friends, co-workers, or other acquaintances is one way of gaining insight on specific individuals that could potentially qualify to represent you legally.  Asking someone who has recently retained services for a similar situation from an attorney offers much insight.
 
Some may choose to refrain from obtaining information from personal referrals, as they feel that the legal issues in question are private.  If this is the case, there are several different ways in which to obtain legal representation.  Business referrals are another way to find out information about legal council that is available.  Businesses that provide services to key members of the legal arena are current on the proceedings of law related incidents and occurrences.   Local businesses have frequent contact with lawyers, which represent them on a multitude of issues.

Gathering information on the internet is also a way to locate potential advocates for your case.  Using online legal directories gives you the opportunity to research legal representatives and what specific characteristics they have to offer.  Nolo’s Lawyer Directory (lawyers.nolo.com) is one site that offers a comprehensive profile for each attorney in its database.  This information runs the gamut on a variety of topics for each lawyer.  It covers everything from the attorney’s experience, education, and fees to his/her general philosophy on practicing law.  This website also ensures that the legal representation in question has a valid license and is in good standing with his/her bar association.

If personal and business referrals and the internet are not substantial resources, you can always engage in requesting professional lawyer referral services.  The Lawyer Referral Services Program (LRS) enables you to contact state bar certified lawyers in your area.  LRS can be contacted at LRS@calbar.ca.gov. When doing so, you should make sure to ask for which specific qualifications the referral service expects in order to list an attorney and how carefully the attorneys are screened. 

Directors of your state or local chamber of commerce are another useful source of information.  They are in touch with the happenings of the local community and have access to a wealth of information in regards to business lawyers and their proceedings.  A director of a nonprofit group interested in your particular subject matter of your lawsuit would also be a good frame of reference to consider.  For example, if your case for concern involved issues related to public reforms of surrounding property, it would be wise to consult with a local environmental group and ask for its advice.

Contacting a law librarian is another way in which to receive information on the available legal representation or current laws and community procedures.  They can help identify authors in your state who have written books or articles on a particular subject that you can use to your advantage when doing research.  Considering a specialist in lieu of a general practitioner is also an option.  Selecting someone that is experienced in your specific issue could only aid in your defense.

Organizations such as women’s and men’s support groups can also be a beneficial resource to consider.  They are good resources in regards to obtaining information on good divorce attorneys or attorneys specializing in family law.  As is often difficult to find a decent divorce attorney, the insight of members in such organizations is truly beneficial. 
Overall, when seeking and selecting legal representation, you have to consider a variety of factors and characteristics of the individual and/or firm in question.  Ultimately, you need to choose an attorney with whom you feel a certain degree of comfort.  Establishing a relationship with the individual who will potentially be representing you or your business legally is key.  Upon interviewing a legal candidate, paying special attention to personal chemistry is crucial.  Speaking with this person should evoke feelings of confidence and trust.

Other characteristics that should be apparent include the attorney’s willingness to work with you.  One you entrust to represent you should be willing to help you acquire a good working knowledge of the legal procedures and principles that will be needed in order to deal with your particular situation.  In addition, your legal council should speak with you in terms that you can understand.  Communication is of the utmost importance.  If there is not a complete understanding of legalese, make sure you ask a lot of questions.  Communication and understanding between you and your legal advocate should also include contact information and accessibility, the expectancy of prompt and immediate action, and the clear handling of legal fees.

In order to establish an effective relationship with your attorney, a several areas need to be examined.  Everything from education and experience to a personal rapport and an acceptable level of comfort should be considered.  After all, the person whom you select is an advocate on your behalf.  He/she is not only representing your case, he/she is representing you.
 

Finding a Notary When You Need Documents Right Away

When time is of the essence in regards to a business transaction, it is good to know the quickest avenues to take in order to locate the necessary information and connect with the necessary individual to be a part of the business transaction.  Finding a notary public when you need documents done right away can propose quite a dilemma if you do not have one that you already refer to.

By definition, a notary is an officer who can administer oaths and statutory declarations, verify and prove signatures, and witness and authenticate documents.  They are probably the only impartial entity within the mortgage lending process. Finding a notary that is reputable and trustworthy and is also efficient and expedient can be quite challenging, especially for the investors who are not yet familiar with the investment process.
 
When a deal has been negotiated and documents need to be completed and signed promptly, how does an investor locate a notary public, if he/she does not know where to find one?  One way to find a notary is as easy as clicking a button.  Thanks to the massive information that is readily available on the internet, finding whoever or whatever you need is not as difficult a task as it once was.  Navigating the information super highway allows you access any information you may need.

In regards to finding a Notary, by visiting Notarypublic.com, you can view the national directory of notary publics.  This directory offers local and nationwide mobile notary signing services to lenders, brokers, and title and escrow companies.  The National registry of Notaries is another organization that provides useful information as well.

The National Notary Association (NNA) is professional notary resource that can be utilized.  The education and support they provide to United States Notaries is substantial to their role of protecting the public.  This organization was established in 1957 and is the leading authority on the office of the American Notary. In addition to presenting updates on the current United States Notary laws, it also advocates over 4.8 million notaries nationwide.  The NNA includes high-demand professional programs and services and encourages consumer protection, just legislation, and technical initiatives.

 Online closing, also known as eNotarization is a relatively new process that is greatly gaining notoriety in the real estate market.  Technological advancements have made it possible to receive notarization almost immediately.  Electronic notarization is a safe and secure procedure that is fast and effective.  A notary initially meets with a borrower at the borrower’s convenience in order to review the documents for the loan.  These documents can either be viewed on the website of the lending company or on the laptop of the Notary.  Upon the completion of the review, the borrower electronically signs the documents in the presence of the notary.  The notary then electronically notarizes the documents and they are transmitted to the lending company immediately.

Electronic notarization also offers the benefit of less risk involved in the transaction.  Because of its growing popularity among investors, the demand for digitally based transactions is increasing.  For this reason, both in the government and in the private sector, more action has been taken in regards to new laws, requirements, and programs to protect them against fraudulent or unethical practices and predatory lenders. Trusted Enrollment Agent (TEA) program is being established in some states in order to protect important and sensitive information and also to identify and verify the authenticity of digital credentials.  This program is being developed jointly with government contractors, medical professionals, and the NNA. 

Another element of protection is the Electronic Notary Signature (ENS) that the NNA utilizes.  The ENS makes electronically notarized documents tamper evident.  In some states, such as Florida, Notaries are required to have a unique signature that is solely under their control, has the ability be verified and associated with a document, and can also show any changes or alterations that may have been made after the original document had been signed.  This digital age offers the investor the ability complete transactions in a more direct, time efficient, and safe manner.

“It’s a Man’s World?”

Time and time again, we have all heard it before, the old saying, “It’s a man’s world.”  But these days, you have to ask yourself the question, “Is it really still only a man’s world?”  As the economy is evolving and technology is improving, so are the roles of women in the work force and the in business arena.  Women are increasingly taking a more active role both on their careers and their finances.  The number of women CEOs is consistently growing.  Thirty percent of the CEOs in non-profit organizations are female and there is an increasing number of women CEOs in other fields including health care, legal services, finance, and real estate.

Strong females are taking a more dominant role in business, politics, and finances.  The old cliché of it being a man’s world that we live in will be just a memory sooner than later.  It is a common misconception and also an overused excuse that females are not as good with finances and/or investing as their male counterparts.  For these reasons, women are often less confident with their skills in making investments and achieving financial freedom.  

Fear is also a factor when considering making an investment or purchasing property.  This fear factor often deters women from wrestling with the investment animal.  Women seem to shy away from the “risk” of investing because they fear they will lose their money or become financially unstable.

In more recent years there has been a general progression of empowerment in regards to women.   The roles of women in society are changing and so are their levels of confidence and fear.  A heightened level of confidence and lower level of fear combined with other key ingredients such the major advances in technology, internet opportunities, and greater knowledge of the business and real estate industries is an inevitable recipe for success for the women who are willing to delve into these arenas.

More and more people are turning to real estate due to the instability of corporate America or just because they want a piece of the action.  Real estate investing, as with any business venture always involves risk.  This risk should not dishearten anyone looking to invest.  Getting started is probably the most difficult task of all.  Anyone hungry enough to jump into the real estate market should form a personal real estate strategy, which is based on how much time and money he/she is really willing to spend.   

Doing your homework is key for any savvy investor.  As mentioned before, the internet is an excellent resource for gaining knowledge on the real estate market.  There are much more opportunities for women in real estate than there have ever been before.  Real estate investment clubs are available that offer women the education, networking opportunities, and contacts that are essential to achieving success.  For example, the National Real Estate Investment Association (NREIA) has over forty thousand members and two hundred REIA chapters nationwide. These clubs offer women the ability to put their finger on the pulse of the market and allows them to receive up to date information on not only the real estate market but also the law.

Other organizations that offer insight via the information super highway include MeetUp.com, where women share information with other women and Wisewomeninvestor.com which offers free financial information on a variety of topics and also hosts a blog talk radio show.   Also, the National Association of Women Business Owners (NAWBO), which offers a general business perspective is a good resource.   Learning and working with other women provides a great benefit and advantage to females in the market.

In addition to acquiring knowledge through the internet, women can also learn do-it-yourself basics from local hardware stores that offer such courses.  Knowing these basics can only be beneficial when seeking to purchase a home or property.  Knowledge is power, and the more you know about housing essentials such as plumbing, construction, flooring, and electrical wiring, the better.  Not to mention, that it would be more cost effective and could save you money in the long run.

Once a strategy is in place and knowledge and research about the market has been done, taking action is the next step.  Women are naturally the more relationship oriented of the sexes.  As nurturers, they have a tendency to establish relationships more easily than men.  This can be used to their advantage, as building and maintaining relationships is critical whether it be personal or in business.

In order to move forward with taking action, you must begin by deciding what type of financing will be incorporated in the investment.  There are a variety of methods available to the investor.  The traditional method of financing involves getting financed through banks, credit unions, or home mortgage companies.  It also usually requires about ten percent of the purchase price as a down payment and a credit score of about six hundred eighty.

Due to the sub-prime housing dilemma we are currently experiencing, lenders are tightening their purse strings and are not as eager to lend money as they have been in the past.  Because of this, many investors opt for more creative methods of financing.  For example, seller carry back initiates an OPM (other people’s money) approach to financing.  Here, the owner takes care of the financing and the seller agrees to carry out the note for your purchase.  A typical scenario usually would be where the owner owns the property free and clear and no longer wants it.  The owner receives a monthly payment and usually has a fixed time limit, typically three to five years, where he/she expects payment in full.  When opting for this type of financing, make sure that you can refinance your loan, as it is much easier to do this than receive a purchase loan.
Another creative method of financing is subject to existing financing.  This involves buying the property with the understanding that the existing financing on this property remains in place.  The title is transferred to the buyer but the loan stays in the seller’s name.  This type of financing is best if you do not wish to make an initial down payment.  It is usually a short-term option, as many sellers don’t necessarily feel comfortable having their name attached to the loan for a long period of time.  This method is also common with pre-foreclosure properties.
The seller second method requires that the seller provide a second mortgage, which is typically in the amount of the down payment.  A buyer makes an offer to the seller, which is contingent to the loan amount that the buyer has qualified for.  With this type of financing, the buyer does not have to use his/her own money in the transaction.  When receiving financing this way, one should make sure that his/her loan allows the option to receive a second mortgage.

Tom Vu, the Legendary Asian Pimp

Check out this funny video…and no, it’s not Tim Mai hanging out on Preston Ely’s yacht in Florida!

How to Make Money from Foreclosures

Foreclosures work differently from state to state, but the basics are pretty standard: When a homeowner starts missing mortgage payments, the bank gives notice to the homeowner and to the local government that the loan is delinquent. After a time, the bank is allowed to commence a repossession process that can result in the house being auctioned off to the highest bidder. The process can take weeks or months to play out; anywhere along the way, a homeowner retains the power make good with the bank. Frequently, homeowners in trouble with the banks are willing to sell their homes to private buyers at a discount to market value in order to preserve what little equity they have left.

Let’s backtrack just a little bit in order to examine what happens just before a property goes to foreclosure: Whenever someone purchases a house, the normally obtain a mortgage with a small down payment for the price the house. The mortgage is secured by the property, and if the buyer defaults or is unable to payback the loan, the bank (or lender) has the right to foreclose and take ownership of the house. At this point, most banks sell the house to recover their loan principle. Banks do not like doing this because it costs them money and they are not equipped to really sell houses.

This means that the savvy real estate investor can take advantage of the foreclosure proceedings by closing a deal at the stage before which is called pre-foreclosure.

Pre-foreclosure is the period of time just before the bank repossesses the house in question. During this period, the bank is filing the required paperwork to become the lawful owner of the house. Each state has its own laws regarding foreclosure, and the pre-foreclosure period can be as short as 21 days in Texas, to as long as 3 months in California. At the end of the pre-foreclosure period, the house may go up on auction at the “courthouse steps,” where many investors go looking for a good valued investment property.

To invest in a pre-foreclosure property, investors must get the property before the public auction or the bank actually takes title to the house. This point is the perfect time to negotiate with the homeowner, and structuring a lucrative deal without having to compete with other investors. Without having to bid against other investors, pre-foreclosure specialists are often able to acquire properties far below market prices.

There are techniques, tips and workarounds which I cover in my courses and my workshops and which every real estate investor really needs to know. At this stage though it is sufficient to point out that the successful real estate investor is good at making a rapid assessment of a deal’s value and then getting and getting out in the shortest possible time with the greatest amount of money.

It really is that simple, if you know how. 

How Mortgage Foreclosures Work

If you want to buy a foreclosure property at a bargain below-market price, you need to know how foreclosures work.

STEP 1—LENDER RECORDS A NOTICE OF DEFAULT OR FILES A JUDICIAL LAWSUIT AGAINST THE DEFAULTING HOMEOWNER
The first step in a foreclosure on a mortgage, deed of trust, mechanics’ lien, income tax lien, judgment lien or homeowner’s association lien is to record a notice of default or file a judicial lawsuit against the defaulting homeowner. Exact procedures vary in each state.
The homeowner is given a reinstatement period in which he or she can attempt to cure the default. The speed of the actual foreclosure sale varies widely by state law. It can be as short as 21 days in Texas to as long as six to 12 months in a few states. Three or four months is typical for most states.

During this first step of the foreclosure procedure, the homeowner is free to sell or refinance the property. This period can be a great buying opportunity for purchasers, but they should be aware that they will be buying the home subject to all existing encumbrances on the property.

STEP 2—THE FORECLOSURE AUCTION
The next step occurs when the reinstatement period ends. Then the foreclosure sale takes place.

Depending on the type of mortgage, deed of trust or lien being foreclosed, the foreclosure auction might be conducted by a judge, sheriff, court referee or independent trustee. Foreclosure auction locations include courtrooms, the steps of city hall or even in front of the property.

If there are no bidders at the auction, the foreclosing lender or lien holder usually submits a credit bid for the amount owed, plus legal fees and other foreclosure charges, and obtains title to the property.

Bidders at foreclosure auctions should be aware they are buying the property subject to any prior existing liens, such as a first mortgage if the sale is being conducted by the second mortgage lender.

If there is a recorded Internal Revenue Service lien on the property, the IRS has an automatic four-month redemption period after the sale during which it can buy the property from the high bidder for the amount paid.

STEP 3—BUY AFTER THE FORECLOSURE AUCTION
If you don’t have enough cash to buy at the foreclosure auction, you’re not out of luck. You might still get a bargain wholesale purchase price.

If there were no bidders at the foreclosure sale, the foreclosing lender then would take ownership the property, wiping out any junior liens. Now is the time to reach the lender and bargain.

Ways to Stop Foreclosure

When the lender files a Notice of Default, your options are limited. That is why it is better for you to call your lender before falling behind on your payments, because lenders are often reluctant to work out repayment schedules after foreclosure proceedings have been commenced.

You will be given a certain time period to bring the payments current, pay the costs of filing the foreclosure and stop the foreclosure. This is called reinstatement of your loan. If you cannot make up the missed payments and the lender will not work with you, here are a few other options to stop foreclosure:

    * Sell Your Home.
      Interview real estate agents to get an opinion of market value and average DOM to sell your home. You might be tempted to hire a discount broker, but many sellers feel they need the exposure and marketing that full-service brokers offer. Compare both to determine which best meets your needs and time frame.

    * Consider a Short Sale.
      If your home is worth less than the amount you owe, you might be a candidate for a short sale. A short sale affects credit but it’s not as bad as a foreclosure. You or your agent will need to negotiate with your lender to find out if the lender will cooperate on a short sale. This is called a pre-foreclosure redeemed.

    * Sign a Deed-in-Lieu of Foreclosure
      This is called deeding the home back to the lender. The homeowner give the lender a properly prepared and notarized deed, and the lender forgives the mortgage, effectively canceling the foreclosure action. Lenders tell me that deeds-in-lieu of foreclosure affect credit the same as a foreclosure.

Whatever you decide you should usually not make a single move before speaking to a foreclosure expert. Because they deal in this area day in day out they have a much clearer understanding of the foreclosure process and the way it can be stopped or ways you can be helped to move on from a home that’s dragging you down than any real estate agent or lawyer.

Real estate investors who are actively involved in the foreclosure market have the right connections, motivation and knowledge that’s needed to make sure things get done right, move fast and stay legal.

Facing foreclosure is never a pleasant thing to have to go through but, provided you have a real estate investor who is adept at foreclosures by your side, it can be a lot less painless than many would have you believe. 

The Global Real Estate Investment Market Depends on Foreclosures

What I will explain here seems, at first, to fly against the face of logic but it has been born out of my own very direct experience of the foreclosure market and the real estate business and it actually represents the way these things work far more closely than market analysts would have you believe.

The global real estate investment market depends on foreclosures because it is foreclosures that are responsible for releasing properties from a kind of limbo where they are locked in a ‘dead money’ debt-ridden zone and generating cash for investors, lenders and even existing home owners.

Under these conditions the real estate market begins to see movement in areas which used to be inert and what’s more the influx of these foreclosed properties back into the market regenerates local communities at a micro-economic level as these houses then need to be renovated, which means that their new owners spend money with local DIY stores, local house-fixing experts, furnishing stores, furniture shops and even garden supply centers.

The effect this has on the economy micro-economically is matched by the macro-economic impact of continued real estate buying and selling through foreclosures. As a matter of fact foreclosures seem to be delivering value, sales and investment as well as profits at a time when the traditional channels of selling property seem to experience either a freeze or a severe slow down.

It is for exactly this reason that the global real estate market depends so much on foreclosures. When I explain this in my workshops I also explain the vital role played by real estate investors active in the foreclosure market.

While the rest of the real estate industry seems to slow down or stop and the economy itself is then affected the foreclosures market presents us with opportunities which, when taken, end up in real estate deals that generate wealth for many of those involved in them and then wealth for the community as a whole.

As a real estate investor very much active in the foreclosure front I cover many of the necessary elements in my courses which enable real estate investors to recognize a good deal, move fast to close it and put in place the kind of set up that generates good value for everybody. This way, while making money, they also do a lot of good to the local economy as well as positively affecting the larger economic picture and so help this great country of ours continue to set an example to the rest of the world. 

Why Do Foreclosures Happen?

So much attention has been given lately to the number of foreclosures that we should expect to see in the United States over the coming years that few people have stopped to consider why exactly foreclosures happen in the first place.

I am going to be a little glib here and say there are about as many reasons why foreclosures happen as there are home owners defaulting on their loans but that would not help answer the question so I am going to take a more general view and see if the reasons a foreclosure happens can be fitted into different categories.

So let’s take things from the beginning and see if we can form a good picture. The obvious answer of course is money, or rather the lack of money. But the reason a home owner who has attained the Great American Dream of buying his own home can no longer afford it is a lot more complicated.

Broadly speaking the reasons area: 1. Ill-Health. A change in the health of the family, an accident, serious illness or anything similar can so adversely affect the finances of a family that they then begin to go into a tailspin and that can very easily lead to missed mortgage payments and foreclosure.

2. Loss of a job. This is common and it only leads to foreclosure if it is so catastrophic that it places the home owner in a new income bracket where he is unable to get another job equal in pay to the one he has lost.

3. Bad finance management. This is more serious than it may at first seem and it does not reflect just on the home owner. Quite a few home owners took advantage of adjustable rate mortgages (ARMs) which allowed them to buy a home and borrow money at very advantageous rates which, however, after six months or a year began to sky rocket and the rest is history. Here the fault often lies with lenders who make it difficult for borrowers to understand what they are getting into and, which, have over the past year been found guilty of using high-pressure tactics to sell mortgages at any costs.

These three reasons, collectively account for more than 90% of the foreclosure cases that we see come into the market.

It is evident from them that foreclosures are never a cut and dried affair of someone being unable to make payments and left to themselves, they never really manage to get out of this morass. It is exactly at this point that the savvy real estate investor steps in and acts as a catalyst in a situation that often finds him creating a win-win scenario for everybody and that is what is satisfying about being involved in the foreclosure market.