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It is rare for a foreclosure to be dismissed “with prejudice,” meaning that it cannot be refiled by the lender as the case has fully concluded. The case may be dismissed for different reasons, including a payment arrangement by the homeowner under a loan modification or a reinstatement of the delinquent payments. Sometimes a case...

Real estate brokers and homeowners often shy away from the short sale option. While a short sale isn’t ideal, we recommend it over foreclosure. Through the years, we’ve helped clients successfully navigate short sales and bounce back. Here’s one situation where a client found themselves on the lucky side of a short sale. Situation We...

Mortgage payments are simply part of owning a home, which we all know. Paying them down sooner than later, however, may have some advantages if you opt for a 30-year mortgage and pay it down early. Today, we discuss why paying a mortgage early pays off in the end and why equity is a homeowner’s...

Experienced real estate attorneys catch small details that could prolong or derail a sale, leaving your client’s money on the line. In today’s blog post, I demonstrate how I, as a litigator and transactional attorney, protect your clients. Knowledge of Mortgage Contingencies A prime example of going above and beyond as a litigator is a...

I like to think that I am different from other attorneys and other women. I married a man who helped build his families’ homes from the time he was 7-years-old. He is a perfectionist who rips out and redoes his own work if he is not satisfied with it. He had me lugging buckets of...

Situation Minchella & Associates recently helped a client close a commercial transaction on a multi-unit property. To complete the purchase and repairs, the client required a loan. They chose to work with a lender that worked with private investors instead of with financial institutions. The Lender promised approval of the loan as soon as the...

When working with joint property owners in real estate, it’s important to know if a partnership agreement has been drafted. This agreement is a contract outlining information about the relationship between property partners, including distribution of profits or losses, financial contributions, and property management. For any joint ownership situation, partnership agreements are recommended. Without one...

In any contract, money paid to confirm the contract is recognized as earnest money. We know that a contract has three elements: Offer; Acceptance; and Consideration. The Consideration given by the Seller is the agreement to remove the property from the market while the parties work out the terms of the contract. The Consideration given...

Situation Minchella & Associates worked with a client whose spouse had passed away. The living spouse was not involved in the family’s finances and was responsible for their home. Upon further investigation, we discovered that the deceased spouse had many outstanding personal expenses, including credit card debt and medical expenses. The living spouse felt overwhelmed...

Power of Attorney (POA) is a legal power given to a person (or more than one person) to become an agent on your behalf. POA may be permanent or temporary, depending on the circumstances. It may also be used on specific decision-making or all big decision-making when a person is unable to do so alone....