keep you r home

Saving your home with California’s homeower’s Bill of Rights

Dear Clients and Friends,
On July 11, 2012 California’s Gov. Jerry Brown signed into law Senate Bill No. 900. This bill is an act to add and amend a bevy of California Civil Code sections intended to monitor lenders and protect homeowners from earlier predatory/summary (i.e. illegal and/unjust) foreclosure practices.  
Be assured that this legislation is for real.  It understands what is going on with mortgage lenders from loan inception to bad-faith loan modification processes and more.  The courts respect it and it provides homeowners with their best approach to saving their homes from foreclosure.

The reason and purpose for this legislation is set forth in its “Section 1″ which is here quoted:

SECTION 1. The Legislature finds and declares all of the following:
(a) California is still reeling from the economic impacts of a wave of residential property foreclosures that began in 2007. From 2007 to 2011 alone, there were over 900,000 completed foreclosure sales. In 2011, 38 of the top 100 hardest hit ZIP Codes in the nation were in California, and the current wave of foreclosures continues apace. All of this foreclosure activity has adversely affected property values and resulted in less money for schools, public safety, and other public services. In addition, according to the Urban Institute, every foreclosure imposes significant costs on local governments, including an estimated nineteen thousand two hundred twenty-nine dollars ($19,229) in local government costs. And the foreclosure crisis is not over; there remain more than two million “underwater” mortgages in California.
(b) It is essential to the economic health of this state to mitigate the negative effects on the state and local economies and the housing market that are the result of continued foreclosures by modifying the foreclosure process to ensure that borrowers who may qualify for a foreclosure alternative are considered for, and have a meaningful opportunity to obtain, available loss mitigation options. These changes to the state’s foreclosure process are essential to ensure that the current crisis is not worsened by unnecessarily adding foreclosed properties to the market when an alternative to foreclosure may be available. Avoiding foreclosure, where possible, will help stabilize the state’s housing market and avoid the substantial, corresponding negative effects of foreclosures on families, communities, and the state and local economy.
(c) This act is necessary to provide stability to California’s statewide and regional economies and housing market by facilitating opportunities for borrowers to pursue loss mitigation options.”

If you or yours are tired of shadow-boxing with the servicers of your home mortgagees you may want to speak to us about SB 900.

if so, please do so by email including a brief summary of your situation and we will forthwith follow up with you on it. 

Bankruptcy and your credit.

Concerns over one’s credit profile is an FAQ for us from persons considering their Bankruptcy options.

Below is a link to an article from that provides a very good overview for these questions.

If more is needed please let us know.

Have an excellent July 4th weekend.



Dear Clients and Friends,

In this message we are addressing frequent areas of inquiry regarding past due tax obligations.

Some key recommendations are:

1.  File timely even if you do not have some or all of your tax payments to hand.You are not unique if you have not filed for multiple years – and perhaps do not even have good records for doing so at this time.   Something can be done about this problem and it can be life changing for one to just commence a handling of this area of one’s life.   No statutes of limitations run, no bankruptcy discharge options are available nor are possible payment plans or debt compromised settlements with the IRS available until one files accurate (i.e. not fraudulent) tax returns.


George Gershwin 101

Israeli musicologist, Dr Astrith Balstan, provides in under 5 minutes a delightful introduction to perhaps America’s greatest composer, George Gershwin.  It is a recommended watch – of course.

We always advise that you stay un-serious in a contest – legal or otherwise – to optimize your chances for success. Having videos of this nature regularly in your life is an important part of doing that.

Click the video below.



IRS has new woes – but they’re still your foes.

Dear Clients and Friends,

The below link is to a recent AP article on the current status of the IRS.

Yes, there is “good news” for taxpayers because the IRS is having problems with budget cuts, congressional investigations and with its new Obama-care responsibilities.  Each of these factors reduce the odds of one being audited.

In spite of this – and in view of the fact that I was a former IRS attorney – we recommend against complacency and increasing levels of non-compliance.


Deciding on a Bankruptcy

Dear Clients and Friends,

A liquidating, Chapter 7, Bankruptcy comprises the vast majority of Bankruptcy filings.

Deciding on such a filing should not be based solely on one’s need to get rid of ones bills. That is too often done and too short sighted to get one what they really need and want – which is a “Fresh start”.

Two simple rules we recommend one follow in deciding on a Chapter 7 filing are:

1. Decide to file, or not, based on the greater good for you and yours.  And


On Optimism

Here are a few good words from a few good people.
Workable stuff here – here’s to it being of some help.

Optimism is the madness of insisting that all is well when we are miserable.

You must not under any pretense allow your mind to dwell on any thought that is not positive, constructive, optimistic, kind.
-Emmet Fox

I find that moving keeps me optimistic, the idea of what’s going to be down the road a bit or around the Bend.
-Conor Oberst


Divorce and Bankruptcy

The life challenge of a Bankruptcy or a Divorce will, each on their own, generate an all too memorable life experience for most anyone. Add to this having these events occur together (an all too common phenomenon) and the need for maximum damage-control skyrockets.

The good news is that recovering your life is a realistic option and that ideally starts with you and your spouse getting into a new level of commonality regarding the confronting and handling of these challenges.

space station

Any interest in the International Space Station?

Commander Sunny Williams in the below video tour of the now 16 year orbiting Space station is a worthy watch for you and yours.

Do give it a look.


Community Property Basics

In its essence, community property law recognizes the equal contribution of both parties to a marriage even though one or the other may earn more income.

Having been on both sides of this idea for more than a few decades, I do endorse its fairness.  This is especially so because the law does allow for a husband and wife to enter into a Pre-marital, or a Post marital, agreement that there will be no community property when conditions are such that this format is not fair.