Welcome to Bustarde Law's main legal blog. In it you will find general information regarding various legal matters, including real property/real estate legal issues, and business and contract matters. Please visit our website at BustardeLaw.com for additional information and to inquire about obtaining subsantive legal consultation and representation.

Mr. Bustarde is the principal attorney of Bustarde Law and his office is located in the City of San Marcos, across from its Civic Center, in north San Diego County. He is located just 10 minutes from the Vista Court Complex and represents clients throughout Southern California.

Friday, December 17, 2010

Are You Underwater on Your House/Property? Inform Yourself of Alternatives/Consequences of: short sale, foreclosure, deed in lieu of foreclosure etc.

Preliminarily, neither this blog post nor any potential consultation services you may retain Bustarde Law for are intended or comprise loan modification services. Bustarde Law does not provide loan modification help, and consumers are expressly advised to be careful in retaining anyone for such help.

That disclaimer aside, homeowners, property owners, and any tenants of any property owners should make themselves aware of the law and their options when a property they may have an interest in is too expensive for the owner to keep.

Foreclosure is not the only potential conclusion where someone cannot make payments. Certainly a loan modification is an option but one must be aware that seeking a loan modification does not necessarily stop the foreclosure and thereafter eviction process.

If a property is worth more than the amount of debt then a Deed in Lieu of foreclosure may be available.

A short sale might be another reasonable alternative and with the new anti-deficiency law regarding short sales in California, that option becomes more attractive.

The rights of tenants are generally controlled by their leases, however other statutory considerations come into play if a tenant's leasehold interest is affected by a sale of the property. The amount of time a tenant has resided on the property may entitle the tenant to a greater notice period before they must vacate. Also, whether a sale occurs at a foreclosure sale or as a result of a owner initiated short-sale will affect the landlord/owner and tenant's respective rights.

Call Darwin Bustarde or visit Bustardelaw.com to learn about what options and considerations are implicated regarding your property or home.

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