NLG Slogan
Monthly Newsletter
 January 2011 - Vol 2, Issue 1
In This Issue
NLG Selected as "Go-To" Firm
Higher Losses on Foreclosures Pushing Servicers to Short Sales
New Year's Resolutions For 2011
Options If You Are Facing Foreclosure
Join Our Mailing List!
NLG on the Web
Find us on Facebook     Follow us on Twitter     View our profile on LinkedIn
 
  

REALTORS & BROKERS
Join Our Strategic Alliance Partnership Program Today!
Best Lawyers in America

Nagle Law Group is proud to continue with its

Realtor/ Broker - "Strategic Alliance Partnership Program" Nagle Law Group is excited to work with realtors and brokers - together providing outstanding service to their clients. Those realtors and brokers who become members of this program will enjoy the benefits of working with experienced Real Estate attorneys in helping their clients understand the legal and financial risks and liabilities involved in selling or purchasing a home in today's real estate market, while providing them with first-class legal counsel at competitive rates. The benefits of this program are highlighted on our website: www.naglelawgroup.com  Sign up today - you and your clients deserve an extra layer of protection!



Best Lawyers in America



Nagle Law Group Is On Eric Lay's Money Line Radio Show!

Did you know that the Nagle Law Group team is now on Eric Lay's Money Line Radio Show? Their next appearance will be January 8th at 11AM on KGME 910 AM. Tune in!

 

You can also click on the image below and listen to Money Line Live. After clicking on the image, click on "Listen Live Now" next to the logo in the upper left corner of the web page.


Estate Tax Returns in 2011 
Congress has approved an estate tax for the new year with a top rate at 35 percent and exempt the first $5 million of an individual's estate. Married couples could exempt an aggregate of up to $10 million. Is your estate plan up-to-date so you can maximize the assets you leave to your family?
Nagle Law Group Selected as 2011 Go-To Law Firm

When Fortune 500 companies were asked to name the law firms they routinely turn to for legal services, Nagle Law Group was on their list. Nagle Law Group has been named as a 2011 Go-To Law FirmŽ and will be featured in the 8th Annual "In-House Law Departments at the Top 500 Companies," a guide produced by the publishers of Corporate Counsel Magazine. Surveys sent to general counsel at each of the top 500 public companies asked what law firms are the best and Nagle Law Group was nominated by client The Home Depot, Inc.

 

"This honor puts Nagle Law Group in an exclusive group of firms that deliver exceptional work for Fortune 500 companies and we are thrilled to be selected," said Robert Nagle, Founder and Managing Partner.

 

 
NLG LogoGreetings!

Happy New Year from all of us at Nagle Law Group! We hope you and your family had a wonderful holiday season. In this first issue of the new year, we share

some suggestions for those making financial New Year's Resolutions, some important industry news regarding foreclosures and explain the options for those facing foreclosure.

 

There are a number of positive indicators for our economy and the housing market in Arizona, so it is my hope that 2011 will see continued improvement.

 

All the best,

Robert



Higher losses on foreclosures will push servicers to short sales in 2011

Loss severities are expected to increase between 5% and 10% on residential mortgage-backed securities in 2011 as loss mitigation costs and foreclosure expenses go up, according to Fitch Ratings. This, analysts said, will push servicers to short sales.

 

The loss severity, or the percentage of principal lost when a loan is foreclosed, on prime mortgage loans is currently at 44%. This, according to Fitch, will increase to between 49% and 54% in 2011. For Alt-A loans, the current 59% loss severity should increase to between 64% and 69%. Currently, the loss severity on subprime loans is 75%, but Fitch predicts it will increase to 80% and 85% by the next year.

 

These loss severities had remained stable for more than a year. In the second quarter of 2009, the amount a lender could recover when it foreclosed on a mortgage was propped up by slightly improving home prices, low mortgage rates, homebuyer tax credits and government-funded modifications. With the tax break expired, mortgage rates increasing and underwhelming modification numbers pose many tough challenges for the housing market in 2011.

 

Increased servicing costs from pressures to modify more loans and recent problems with many banks' foreclosure processes will drag down the amount of principal banks can recover from a foreclosure. Borrowers average 19 months without making a payment before they are foreclosed upon, a record high, and Fitch projects this to increase to 25 months in 2011.

 

Fitch Managing Director Diane Pendley said the answer for some lenders is a short sale.

 

"Servicers are increasingly turning to less costly alternatives to foreclosure such as short-sales," Pendley said. Recovery rates on short sales are usually 10% higher than foreclosures. Pendley said servicers are also reducing the amount of payments they advance to securitization trusts from delinquent borrowers, particularly on subprime loans. In November, Fitch said, servicers advanced only roughly 60% of delinquent subprime loans, down from 90% at the beginning of 2009.

 

This article was written by Jon Prior of Housing Wire. See the original posting by clicking here.

Did You Attempt Loan Modification With Bank of America, Countrywide or BAC Home Loans?

To our friends and clients:  if you or someone you know have, or had a home loan in which Bank of America, Countrywide, or BAC Home Loans Servicing LLP was the lender or servicer, and you tried unsuccessfully to modify the loan with the bank, you may be entitled to compensation. Please contact Christopher Stuart of Stuart & Jabbar, PLC for more information at (602) 341-3453.

Nagle Law Group in the News!
Robert 12 NewsIn this local news story on 12 News, Nagle Law Group's Robert Nagle explains the laws relating to short sale and forclosure in Arizona, and what you need to do in the process to protect yourself (click on the image to view the video).

New Year's Resolutions: Some Tips For 2011

According to a Psychology Today poll the most common New Year's Resolutions people make every year are losing weight, exercising more, and quitting smoking; but with the economic woes facing our nation this year, more people will make financial resolutions. If you are one of the many people doing so for 2011, here are five things we suggest:

Review your mortgage and its costs. Your home is your number one cost. If you think you might be underwater, try to assess how far. If so, then you are figuratively speaking a "renter." But that alone isn't the definitive question when determining whether to remain in your home; the key question is "can I live in a comparable home (or a home I would be comfortable living in) for less money per month?" If the answer is yes then you owe it yourself and your family to assess whether it makes financial sense to remain in your home. Remember, your first mortgage lender expressly agreed that if you stopped paying your mortgage, for any reason whatsoever, that it would merely foreclose, take back your home and forgive the difference. Thus, there is little reason why you shouldn't accept the terms you've negotiated with your lender.

Also, keep in mind that loan modifications do not resolve the reality that the home is underwater; the need to obtain your lender's consent to sell the house in the future remains even after the monthly payments are changed.

Review your credit score. The three major credit reporting agencies are Equifax, TransUnion and Experian, and all three should be monitored regularly. You are entitled to a free report from each of them every year. Take advantage of that and review your credit score.

Review your insurance policies. If you have life insurance, are your beneficiaries current? Do you have enough coverage? Check the deductibles on your auto and homeowners insurance. Are they too low? Could you afford to raise them and "self-insure" the first $1,000 of damage? And is your liability coverage high enough? If you are carrying different policies with different companies, consider consolidating them; many providers will offer a multi-policy discount, which can save you money.

Review your estate plan. As the end of the year approaches it is important to be aware of the changing estate tax landscape. Congress has approved an estate tax to return next year with a top rate at 35 percent and exempt the first $5 million of an individual's estate. Married couples could exempt an aggregate of up to $10 million. The law will change on January 1; a reminder that estate planning is not a once in a lifetime event. Laws, exemption amounts, and IRS rulings can change frequently, let alone the changes that occur in a person's life. Everyone should plan to revisit their documents periodically to ensure they still achieve the desired aims.

Options For Arizonans Facing Foreclosure

Recently I had a conversation with Arizona Republic writer Laurie Roberts about foreclosures in our state and she told me about the plight of Phoenix resident Hannah Swearegin (click here to read the column).

 

The unfortunate reality is that many people like Hannah are facing foreclosure in Arizona and her story is becoming all too familiar; as Laurie reports, some 200,000 Arizona families are believed to be behind on their mortgages and more than 50,000 will have lost their houses this year. And while many banks have placed a temporary moratorium on foreclosures, they are simply delaying the inevitable.

 

Why are so many Arizonans unable to get loan modifications? Loss of equity is at the heart of the issue. During the real estate boom in the first part of this decade, homebuyers were tempted to extend themselves when buying homes with low introductory interest rates and interest-only loans, under the belief that their income would continue to increase and real estate prices would continue to grow (positive equity). Unfortunately, that didn't happen.

 

So what can you do if you are underwater with your mortgage and falling behind on payments? Here are some options:

 

Negotiate a short sale. If you owe substantially more than what your home is now worth, you may be able to get the lender to accept less by negotiating a "short sale." You essentially sell for whatever you can get on the market and the lender agrees to accept those proceeds. A skilled negotiator will be able to help you avoid financial consequences of a short sale (such as deficiency penalties) or at least minimize them, so once you understand all the potential risks, you'll want to get an experienced professional to help with the sale.

 

Allow the foreclosure to proceed. For some, allowing the foreclosure to proceed is the best long-term financial strategy, particularly if you are severely underwater with your mortgage. See this article for more information about credit recovery after a foreclosure.

 

Bankruptcy. Filing for bankruptcy will usually stop the foreclosure process temporarily, but your lender will eventually ask the trustee to release the property so they can continue with the foreclosure. If you have significant other debt, bankruptcy might be your best option. Once the property has been released from the bankruptcy the foreclosure process starts right where it left off, but the bankruptcy process essentially wipes out debt and allows you to start over. There are different types of bankruptcy and it is a legally complex process, so contact an experienced bankruptcy attorney to handle your case.

 

Seek professional help. As you can see there are a number of available options for homeowners in trouble, but I suggest you seek advice from an experienced residential real estate or bankruptcy attorney. Here at Nagle Law Group, we offer a low cost consultation with an attorney who will outline all of the options and make specific recommendations based on your own personal situation.  

Rob's Picture

 

Robert Nagle is the managig partner of Nagle Law Group, P.C., focusing on residential transactional and debt management matters, and can be reached at 602-595-3156 or via email at robert.nagle@naglelaw.com.

 



 
Remember: The law often changes. Each matter is different. This information above is meant to give you a general overview and not to give you specific legal advice. Please contact us at Nagle Law Group to discuss your situation in more detail.
Thank you for taking the time to browse our newsletter. Our business relies on referrals - if you find it appropriate to mention us to others in need, we would be most appreciative.

QuestionsShould you wish to submit any questions for publication on our blog (www.naglelawgroup.com/blog), feel free to email us at: questions@naglelaw.com.(Because of the volume of correspondence we receive, we can't answer every email message, nor can we provide personal legal advice)
 
Robert