- Organizing Legal Survival Strategies for your business
- Strategic Non-Payment Analysis and Plans
- Commercial Evictions, Landlord Tenant Work-Outs
- Loan, Debt and Contract Re-Negotiation
- Legal Assistance for Businesses in technical default
- Loan Modification, Forbearance and Deferments Agreements
- Relief from foreclosure CARES act 4023
- Commercial Foreclosures Defense, Short Sales and Distressed Properties
- Defending Property Foreclosures with Bankruptcy Reorganization
- Reorganizing the Business under Federal Bankruptcy Protection. (See Bankruptcy section for more information on Bankruptcy protection, reorganization, and liquidation)
RELIEF FROM FORECLOSURE CARES ACT § 4023
Enacted on March 25th 2020, the CARES Act Relief from Foreclosure: CARES Act § 4023 provides foreclosure relief for multifamily borrower with a Federally backed multifamily mortgage loan that was current on its payments as of February 1, 2020. A ‘‘multifamily borrower’’ is defined as a borrower of a residential mortgage loan that is secured by a lien against a property comprising 5 or more dwelling units. This includes any loan (other than temporary financing such as a construction loan).
A covered multifamily borrower, may submit an oral or written request for forbearance to the borrower’s servicer affirming that the multifamily borrower is experiencing a financial hardship during the COVID–19 emergency. During the covered period, a multifamily borrower with a Federally backed multifamily mortgage loan experiencing a financial hardship due, directly or indirectly, to the COVID–19 emergency may request a forbearance under the terms set forth in this section.
Upon receipt of an oral or written request for forbearance from a multifamily borrower, a servicer shall:
(A) document the financial hardship;
(B) provide the forbearance for up to 30 days; and
(C) extend the forbearance for up to 2 additional 30 day periods (90 Days) upon the request of the borrower provided that, the borrower’s request for an extension is made during the covered period, and, at least 15 days prior to the end of the forbearance period described under subparagraph (B).
A multifamily borrower shall have the option to discontinue the forbearance at any time.
The termination date of the national emergency concerning the novel coronavirus disease (COVID–19) outbreak declared by the President on March 13, 2020 under the National Emergencies Act (50 U.S.C. 1601 et seq.); or December 31, 2020.
RENTER PROTECTIONS DURING CARES § 4023 FORBEARANCE PERIOD.
A multifamily borrower that receives a forbearance under this section may NOT, for the duration of the forbearance
(1) evict or initiate the eviction of a tenant from a dwelling unit located in or on the applicable property solely for nonpayment of rent or other fees or charges; or
(2) charge any late fees, penalties, or other charges to a tenant described in paragraph (1) for late payment of rent.
(3) may not require a tenant to vacate a dwelling unit located in or on the applicable property before the date that is 30 days after the date on which the borrower provides the tenant with a notice to vacate; and
(4) may not issue a notice to vacate under paragraph (1) until after the expiration of the forbearance.
COMMERCIAL LOAN FORBEARANCE DEFERMENTS AND LOAN MODIFICATIONS
Does your business need Commercial loan Forbearance, Deferment and/or Loan Modification help in Florida.
When it comes to a state that has struggled in recent years to combat the financial crisis in the housing market is Florida, second only to California. If you live in Florida and you are looking for the best way to solve your Commercial Mortgage problems, Pelayo Duran has the legal experience and the professional team to be able to get you the best possible result available under the law.
The Law Office of Pelayo Duran will represent you to aggressively pursue a suitable retention options and alternatives, deferments, forbearances and commercial loan modification agreement with your lender.
If we determine that you are a good candidate for a bankruptcy, loan modification or short sale, you can be confident that we have the legal expertise and knowledge required to pursue a successful resolution on your behalf.
When it comes to a loan modification, forbearance or deferments time is of the essence.
If you are facing financial hardship and you need to pursue a mortgage forbearance, deferment or loan modification, it is most important that you do not wait to get the legal help you need. If you act quickly, the more options, opportunities, and a much better chance of success. The quicker you act, the more incentive for your lender to reach an agreement, earlier in the process.
Pelayo Duran and his team are skilled experienced negotiator capable of obtaining a favorable outcome with your Commercial lender. Pelayo and his team have handled hundreds of loan modification negotiations in the past and brings a wealth of experience to your team.
Contact the Law Office of Pelayo Duran for immediate assistance with your mortgage loan modification needs.
COMMERCIAL FORECLOSURE DEFENSE
If you are facing a Commercial Foreclosure in the State of Florida, Pelayo Duran can help.
If you become unable to meet the commercial mortgage payments on your commercial property and have not done so for 3 or more months, then it is likely that you are will be facing the prospect of a foreclosure action.
A foreclosure is commenced when a lender files court action and records a notice of a pending lawsuit (referred to as Lis Pendens) against the borrower. The lender usually notifies the borrower and any other affected parties in person or in some cases by mail or publication.
Once a foreclosure action begins the borrower must respond to the court action within a specified period of time (usually 20 days). If they fail to do so the clerk can find the borrower in default and the lender can then ask the court to make a final ruling.
If the court rules against the borrower, the ruling will declare the total amount owed to the lender due and payable and the foreclosure sale date is set.
The worst possible approach that you can take when facing a commercial foreclosure, is to ignore your situation. If you want to avoid a foreclosure sale, then you should seek the assistance of a qualified commercial foreclosure attorney who is able to negotiate with the lender on your behalf.
Call The Law Office of Pelayo Duran, for a legal consultation to assess the options available to you.
Remember that many times a Foreclosure action may proceed without your knowledge.
Usually you will be aware that your mortgage situation is deteriorating because you are not making a payment and you will normally receive letters or calls from your lender in response to the delinquent status of your mortgage account. However, Florida state law does not require a lender to advise you when they chose to proceed with court action. This means that you could be suddenly faced with the prospect of losing your home in a foreclosure sale.
If you retain The Law Office of Pelayo Duran to represent your legal interest they can negotiate with your lender on your behalf while aggressively defending your legal rights. This will maximize the potential for continuing to operate your business, formulate a sale of your business or property or find a resolution which would allow you to avoid a commercial foreclosure sale.
Don’t wait until your lender decides to act.
Act first, and call today to arrange a confidential consultation with Pelayo Duran.
COMMERCIAL SHORT SALES
Commercial borrowers should not pursue a Short Sale without an experienced Real Estate Broker, Foreclosure Defense, Bankruptcy and Short Sale Attorney on their team.
Pelayo Duran is a Real Estate Broker, Foreclosure Defense, Bankruptcy and Short Sale Attorney.
If you think a short sale might be the appropriate solution for your commercial financial circumstances, it is critical that you exercise caution when choosing the professionals team that will assist you. You should be aware that real estate agents are not lawyers and they are paid only if the short sales actually close. This can create a potential for extreme conflict of interest if closing the short sale would not be in the homeowner’s best legal interest.
DEFICIENCY AFTER A SHORT SALE
Lenders frequently ask business owners to sign a promissory note or refuse to release guarantors from liability after the transaction is closed. Closing a short sale on these terms actually places a guarantors at a disadvantage. Only a qualified real estate and a Foreclosure Defense and Short Sale Attorney such as Pelayo Duran, can offer you sound legal advice and ensure that all your legal interests are all fully and adequately represented.
TAX ISSUES IN A SHORT SALES
It is important to work with a qualified and experienced Real Estate Broker, Foreclosure Defense, Bankruptcy and Short Sale Attorney and a also and experienced tax advisor on your team before selling your property in a short sale, since there could be potential tax repercussions.
Often times the IRS considers the difference between the value at which you sell your property, and the balance on the existing mortgage, as income, unless directed or discharged otherwise.
Most short sale sellers can close the transaction without owing any additional taxes, but care must be taken to ensure that the deal is structured and executed correctly.
Once again, only a qualified Real Estate Broker, Foreclosure Defense, Bankruptcy and Short Sale Attorney working alongside of your tax advisor can give you the tax and legal advice and fully protect your interests in a short sale transaction.
If you need a Real Estate Broker real estate broker, Foreclosure Defense, Bankruptcy and Short Sale Attorney, contact the Law Office of Pelayo Duran now to arrange your free legal consultation.