Archive for the ‘Law’ Category

Why You May Not Get That 2% Interest Rate by Feldman Law Center

Monday, October 24th, 2011

Much has been made of the 2% base rate included in the guidelines for the Obama Administration’s “Making Home Affordable” plan. It’s been well documented that the plan is off to a very slow start with current estimates of approximately 50,000 loan modifications in process. Less talked about, at least so far, is that the 2% headline interest rate of the plan may be unavailable to most homeowners seeking loan modifications that follow the plan’s guidelines.

As the saying goes, “The devil is always in the details” and Making Home Affordable has a detail which goes by the name of the “Net Present Value” test. Many of the mortgages which were originated during the boom in real estate, including those considered to be toxic, were sold to investors on Wall Street, from pension funds, and insurance companies (like AIG). These investors didn’t have the infrastructure or experience to collect payments, prepare statements, etc. so they left the handling of those matters to loan servicers like Saxon Mortgage (now a part of JP Morgan Chase). These servicers interface with the homeowner on all matters, including home loan modifications. For that work, they receive a small percentage off of each of the homeowner’s monthly mortgage checks as their fee.

An unintended consequence of the meltdown in real estate prices and skyrocketing default rates is there is now a conflict of interest between servicers and the investors that employ them. The foundation of that conflict is this; with monthly mortgage payments functioning as the lifeline of the servicers, their priority is to keep those payments going. To that end, granting loan modifications, even with drastic cuts in interest rates, is a much better outcome for the servicer than not receiving payments at all and/or having the home go into foreclosure. Aggressive loan modifications which benefit the servicers often hurt the investors by forcing markdowns on value of loans in their portfolio, hence, the conflict of interest.

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Having experienced this conflict prior to the unveiling of Making Home Affordable, investor groups insisted that the net present value test be added to the plan to protect their interests. A net present value (NPV) calculation works this way:

1) Determine the proposed monthly mortgage payment for the life of the modified loan
2) Calculate the total return in dollars over the life of the loan – monthly payment x 12 months x 30 years = total return
3) Estimate the value of what the foreclosed home would sell for at auction
4) The highest number between the total return and the estimated selling price at foreclosure determines what action will be taken.
Motivated to keep properties generating monthly payments and out of foreclosure, servicers will negotiate the highest interest rate possible, within the constraints of the plan and what the homeowner can afford, to generate higher fees and to make sure that the net present value test comes out on the side of loan modification. With higher fees and the net present value test driving the negotiations in a loan modification, granting 2% interest rates becomes a very low priority and in some cases a deal killer for the servicers.  
Congress, hearing the cries from their constituencies, has backed the efforts of the mortgage servicers by passing the “Safe Harbor Law” in May. The law protects servicers from lawsuits filed by investors claiming that the servicers are acting in their own best interests in loan modifications, at the expense of the aggrieved investors. It also gives servicers more autonomy in their structuring their home loan modifications.   
The net present value test can present formidable challenges to the loan modification process due to many factors that are constantly changing. In New York City, for example, overall property values have remained relatively high but income levels have dropped. Limited by Making Home Affordable guidelines, mortgage payments cannot exceed 31% of the homeowner’s monthly income. The cap on payments can result in a net present value outcome that favors foreclosure on a property. Industry watchers have expressed concerns that the relative resilience in real estate values in the city could actually work against homeowners.

At the opposite end of the spectrum are cities such as Las Vegas and Detroit where property values have dropped as a much as 80%. These are areas where the net present value tests favor loan modifications but homeowners are walking away, forcing the properties back to the investors.

The next issue for investors wishing to foreclose is whether they can actually sell properties at auction. In California, approximately 17,000 out of 111,000 foreclosed properties went up for sale at the most recent auctions. Of the 17,000 properties, banks took back 85% of the properties when bids averaged only 59% of the outstanding loan balances. The lack of foreclosure sales across the country has led to a massive backlog of foreclosed properties that are either being kept off the market, put up repeatedly at auction, or for sale to private parties.

With unfavorable outcomes on either side of the net present value test, it’s apparent that investors are deciding not to decide on either action. The advantage of leaving properties in limbo is that they don’t have to be marked to market until action is taken, a necessary concession from Congress granted to investor groups in March. That way they can carry the properties in their portfolios at values that don’t trigger capital requirements. If it all sounds like a house of cards, well, at least it’s house.

Virginia Criminal Law – Why Aggressive Defense Is The Key To Success

Tuesday, October 18th, 2011

Think of your record as you do your credit report. It is direct reflection of who you are, what you have done, and what type of person you are. While some may believe this written reflection of your life is difficult to control, selecting the proper Criminal Defense in a trying time can be the safety net you need to protect your record, your life, and your future.

 

If you or a loved one has been charged with a Virginia criminal defense, it is imperative that you hire an experienced, aggressive and proven attorney with the reputation and representation you need to fight for your record and your freedom.

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Of all of the options available to you for searching for the right Virginia Criminal Attorney to include online searches, classified listings, word of mouth, and even simply visiting your local attorney’s office, ensure you take the time to investigate your attorney. Remember, your attorney works for you – not the other way around. Hire a lawyer with experience on both sides of the bench… with both defense and prosecution experience. This way, you can be sure your representation understands both sides of the argument, and know what to expect when you arrive in court.

 

Do your research, search for the right attorney, and after you’ve interviewed many Virginia Criminal Attorneys, make your last call to Virginia Criminal Attorney Michael A. Robinson of Robinson Law, PLLC and hire the aggressive defense with proven results you need to fight for your record, and your life.

How Florida’s Exemption Laws Can Affect Your Bankruptcy

Tuesday, October 4th, 2011

When a debtor is facing financial hardship and struggling to keep up with his monetary obligations bankruptcy may provide relief. There are many different types of bankruptcy filings and a debtor should always consult a qualified Tampa bankruptcy lawyer before taking any action. The Tampa bankruptcy attorney can help the borrower determine which bankruptcy chapter is most appropriate and provide legal advice. Typically, a debtor will have to choose between a Chapter 7 bankruptcy and a Chapter 13 bankruptcy. In a Chapter 13 the debtor creates a payment plan and pays back the creditors in monthly installments. On the other hand, Chapter 7 is a liquidation bankruptcy, which means the debtor’s assets will be sold in order to pay the debts owed, instead of the debtor making monthly payments.

Bankruptcy is federal law; however, the states determine which property may be exempt from the bankruptcy. Exemptions play a very important role in bankruptcy proceedings and should always be considered prior to filing for bankruptcy protection. Exemptions are particularly important when a Tampa bankruptcy attorney assists a debtor with a Chapter 7 bankruptcy. When property is exempt it is not sold to repay creditors and remains the property of the debtor. Thus, the more property that is exempt, the more property the debtor will be able to hang onto during the bankruptcy.

Most states allow a borrower to exempt at least a portion of household goods, pension accounts, automobiles and property held as a primary residence. Fortunately, Florida is very generous with its permitted exemptions, which may benefit debtors seeking Chapter 7 protection in Tampa.  Florida allows more types of property and higher portions of the property to be exempt than most other states.

A Tampa bankruptcy attorney should carefully review the Florida statutes on property exemptions and compare them with the property owned by his client. If most of the property the debtor owns is exempt a Chapter 7 bankruptcy may be the appropriate method to solve the debtor’s financial crises. Conversely, if a significant portion of the debtor’s assets are not exempt under Florida guidelines the debtor may want to file for a Chapter 13 bankruptcy instead.

If you are overwhelmed with debt and unable to satisfy your monthly financial obligations Florida Law Group may be able to help. One of our seasoned Tampa bankruptcy lawyers can review your debts and assets with you to determine which type of bankruptcy may be most helpful to you. If you decide to file for bankruptcy our Tampa bankruptcy attorneys can submit all the paperwork on your behalf and navigate the bankruptcy through the court system. If you have questions about filing for bankruptcy call us today for help.

Law Firm Colorado With Colorado Springs Lawyers Is Working In Different Role

Sunday, October 2nd, 2011

There are several kinds of incidents and accidents that come under the expertise of lawyers. Some lawyers are and more.

 

If you are facing some criminal charges or a victim of any criminal offense in Colorado, you can contact a . Criminal lawyers are the lawyers who specialize in the defense of their clients who are charged with some kind of criminal conduct.

 

Whiplash is a common kind of injury that most people suffer when they meet a car accident. Though this kind of injury can be fixed quite easily, it can come with lots of suffering. It could be quite distressing when you are going through the injury. A whiplash injury  may cost time and money as you may have to lose your job or any work opportunity.  Whiplash injury is the violent back and forth of the neck caused due to accident. It affects the motion of the neck. You can lose lots of money due to work related expenses and rehabilitation expenses. In that case, you will need the assistance of good to get what you deserve.

 

Soft tissue injury lawyer is the can help you out if you have suffered any of the soft tissue injuries as referred in the law. Soft tissue injuries usually refer to connective tissues like muscles, ligaments, tendons and more. Doctors diagnose these injuries by conditions like sprains, strains, abrasions, bruises and more. Any accident such as car accident or truck accident may cause sift tissue injury causing neck and back pain. Whiplash injury is also included in these kinds of injuries. If you have suffered a soft tissue injury in an accident, you should hire a to help you get the appropriate compensation. Most insurance companies try to minimize the seriousness of the soft tissue injury to avoid paying compensation. A good lawyer is well experienced of such strategies and techniques and can help you receive the right compensation. In fact, a soft tissue injury can be prime cause of disability and can result in huge loss of work, time and money.

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If you have gone to a doctor or surgeon for a treatment and they have hurt you due to their negligence, you can sue them for the compensation you deserve. In this case, can help you the most. They can help you file suit against the doctor, surgeon or the medical specialist who have hurt you. If a doctor is least concerned with their patient’s health or good being, he or she can make an error which can be damaging or even fatal. Some of the medical malpractices include negligence due to drug prescription, due to birth injury, personal injury or wrongful death. In all these cases, can help you get the compensation you deserve.

If you are facing charges related to illicit substances, a good drug crime lawyer can help you out. A well experienced and expert can get your charges dismissed, get reduced compensation and possibly get you free.  To get you out of this legal entangle, you really need a lawyer who know the ropes. You can search Colorado criminal lawyer or other lawyers easily if you make a simple search online. Reputed law firms such as pikespeaklaw have their detailed websites.

 

Information of Hotel Industry Laws in India – Part1

Saturday, September 24th, 2011

Opportunities Applicable laws/regulatory policies.

Hotel Industry in India is witnessing tremendous boom in recent years and going through an interesting phase. One of the major reasons for the increase in demand for hotel rooms in the country is the boom in the overall Economy and high growth in sectors like information technology, telecom, retail and real estate. Rising stock market and new business opportunities are also attracting hordes of foreign investors and international corporate travelers to look for business opportunities in the country particularly growth in tourism sector. As hotel industry is inextricably linked to the tourism industry and the growth in the Indian tourism industry has fuelled the growth of Indian hotel industry.

Explosive economic growth in India ignites unquenchable demand for hotel rooms. With huge investments flowing into India for the development of infrastructure such as roads, highways, airports and convention centers, interest in hotel developments is hitting new highs as tourism, business and travel are on the rise.

The booming tourism industry has had a cascading effect on the hospitality sector with an increase in the occupancy ratios and average room rates. And with the continuing surge in demand, many global hospitality majors have evinced a keen interest in the Indian hospitality sector. It is estimated that India is likely to have around 40 international hotel brands by 2011.

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The spurt in India’s tourism industry growth has had a ripple effect on its hospitality sector. Rising income levels and spending power combined with the governments open sky policy have provided a major thrust. The industry is growing at a very rapid pace and there is a demand for more rooms both in metros and smaller towns. It is estimated that India is likely to have around 40 international hotel brands by 2011.

India’s booming hospitality industry has transformed into a veritable basket of the choicest of rooms, food and beverage, health and business facilities, travel packages and everything that you can think of. New global entrants are vying with existing local players to provide world-class services at prices suited to every pocket.

An estimated 4.4 million tourists are expected to visit India with an annual average growth rate of 12% in the next few years. The domestic tourist market is also flourishing. The commonwealth games in 2010 will add to the demand for quality accommodation.

The Government of India’s Incredible India destination campaign and the Atithi Devo Bhavah campaign have also helped the growth of domestic and international tourism and consequently the hotel industry.

The opening up of the aviation industry in India has exciting opportunities for hotel industry as it relies on airlines to transport 80% of international arrivals. The government’s decision to substantially upgrade 28 regional airports in smaller towns and privatization & expansion of Delhi and Mumbai airport will improve the business prospects of hotel industry in India. And the upgrading of national highways connecting various parts of India has opened new avenues for the development of budget hotels in India. Taking advantage of this opportunity Tata group and another hotel chain called ‘Homotel’ have entered this business segment.

If you want to read article go to second part of this – Information of hotel industry laws in india – part2.

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