Tag: money

What amount can you settle my debt for?

On May 16, 2011, in Debt settlement, by Robbie L. Vaughn, Esq.

Clients often ask: “What amount can you settle my debt for?”

Our answer is almost always: “It depends on several factors.”

These factors include:

  • the creditor
  • the type of debt
  • the age of the debt
  • how many times the debt has been transferred
  • the hardship claimed
  • how the settlement will be paid out

Secured debts (i.e. mortgages, car loans) are much harder to settle than unsecured debts (i.e. credit cards, medical bills). Some debts can be settled for as little as 10%. However, there are creditors that insist on having a much higher percentage of the debt paid back. The creditor starts high, we start low. We never know exactly where the negotiations will end. Creditors have their target settlement amount, and we have ours.

So, no one can guarantee you that they will settle your debts for a sum certain. Be wary of any company that guarantees they will save you a bunch of money. We have numerous clients who have paid at least double our fee to a debt settlement company before coming to us. Many of these companies failed to deliver any results at all, or produced dismal results at best. What’s even more shocking is that none of the individuals understood the agreements they signed. They had no idea where their money was going!

If you choose to hire someone to settle your debts, please choose wisely!

Vaughn & Weber, PLLC  proudly negotiates and settles debts for residents of Long Island, Nassau county, Suffolk county, New York City, Queens, Brooklyn, Bronx, Staten Island, and Manhattan.

Call (516) 858-2620 to arrange a FREE  consultation with a Debt Settlement attorney!

Q&A: Allowing Seller to Remain in Home After Closing

On November 12, 2010, in Real Estate, by Robbie L. Vaughn, Esq.

Should a buyer allow a seller to remain in the home after the closing?

Usually not a good idea.

The parties enter into what is known as a “Holdover agreement” or “Post-closing possession agreement.” We don’t normally recommend these agreements, but they are sometimes necessary.  Hopefully, the following will provide you with some insight as to why these agreements are not normally recommended by our firm:

The good

  • The deal gets done sooner rather than later.
  • The buyer leaves a hefty sum in escrow to cover “rent” and property damage.

The bad

  • The seller needs more time to move or refuses to leave as scheduled.
  • The escrow money is not enough.

The ugly

  • The seller causes serious damage to the property.
  • Legal action is required to recover possession of the premises.
  • Legal action is required to resolve a dispute over the escrow funds.

Please visit our Real Estate category to Learn more about real estate.

As always, The Law Firm of VAUGHN & WEBER, PLLC is here to assist you.  We are conveniently located in the heart of Nassau County, Long Island, at 217 Willis Avenue in Mineola, NY.  Contact us at (516) 858-2620 to speak with a real estate attorney.

 

Bankruptcy and Exempt Property

On August 13, 2010, in Bankruptcy, by Robbie L. Vaughn, Esq.

Exempt Property

What is Exempt Property?

Exempt property is property that is protected by law from the claims of creditors. However, if exempt property has been pledged to secure a debt or is otherwise encumbered by a valid lien or mortgage, the lien or mortgage holder may claim the exempt property by foreclosing upon or otherwise enforcing the creditor’s lien or mortgage.

In bankruptcy cases, property may be exempt under either state or federal law. However, NY has opted out of the federal law exemptions. Exempt property typically includes all or a portion of a person’s home equity, motor vehicle equity, household furniture and personal effects.

What Will Happen to My Non-Exempt Property If I File Bankruptcy?

Non exempt property is part of your bankruptcy estate and is subject to sale by the bankruptcy trustee (the debtor is entitled to receive any exempt portion of the sale proceeds).  However, even if your property is not fully exempt, you may be able to keep it if you pay its non-exempt value to your creditors in a chapter 13 bankruptcy.

Also, you could agree to pay the trustee an amount that would allow you to, in essence, buy back the non-exempt property. The money that you pay to the trustee will be distributed to your creditors.  You may also be able to “trade” exempt property for non-exempt property.

Essentially, you allow the trustee to take and sale exempt property to avoid losing non-exempt property.  There are additional options available.  A knowledgeable bankruptcy attorney will be able to assist you with “exemption planning .”

Call (516) 858-2620 to arrange a FREE  consultation with a bankruptcy attorney!

Please visit our Bankruptcy category to learn more about filing bankruptcy.

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