Question: I lost my Arizona home in a foreclosure. The lender reported the discharge of indebtedness to the Internal Revenue Service and sent me an IRS form 1099-C (Cancellation of Debt) for $100,000, the amount unpaid on the loan after the foreclosure. The lender is now threatening to sue me if I do [...]
Whether a homeowners ’s decision to allow his or her lender to foreclose is based on a presently existing financial hardship, anticipated financial strain over time, or to strategically divest themselves of a bad investment, the debate rages as to whether such a decision on the part of the borrower is morally wrong or [...]
When a Canadian citizen wants to acquire investment real estate in the United States, one of the first questions the investor must answer is “should the real estate be held in a U.S. corporation, limited liability company, limited partnership or limited liability partnership?” For the reasons discussed below, I recommend that Canadians acquire [...]
I consult with property owners several times each week concerning their risks, protections and obligations under Arizona’s foreclosure laws, as well as the legal, tax and practical implications of alternatives to foreclosure, such as short sales, deeds in lieu of foreclosure or loan modifications. One recurring issue that I address has to do [...]
Arizona Republic: “New federal loan-guarantee rules imposed to fend off future government losses from plummeting condominium prices have rendered condos utterly worthless, Valley real-estate experts said. The Federal Housing Administration rules, which took effect Oct. 1, prohibit any new FHA-backed loans on condo units in projects that include more than 25 percent commercial [...]
Arizona Republic: “Short-sellers, financially distressed homeowners attempting to burrow out from under an unmanageable loan by selling the home to a third party, face greater challenges today because of a perception that short sales are time-consuming and likely to fail, local housing experts said.”
As an estate planning attorney, I have seen too many situations where after the parents’ deaths, the children go to war over the family’s vacation home. If the parents do not create a good post-death master plan for the property, it’s almost guaranteed that the kids will disagree over: (i) whether to keep [...]
Question: I formed a limited liability company to help protect me and my wife from things that might go wrong with the property. How do I get the real estate into the limited liability company?
Answer: To get real estate into a limited liability company, the current owner(s) must sign a deed [...]