General Litigation

Our firm maintains experience and excellence in managing and litigating a case from inception, trial and closing. Our litigation team is recognized for its ability to successfully try cases involving a wide variety of legal issues. Our General Litigation Practice offers our clients qualified experience and diligence in the law and in the courts in which we practice, as well as a passion to use that experience to help solve client problems. The breadth of our practice covers the full range of litigation issues that can arise. Although Kasuri & Levy recognizes that most cases should and do settle before going to trial, our attorneys are always prepared to litigate a case or advocate through arbitration proceedings.

Immigration

Our immigration practice assists both Employers and individuals with immigration needs. We can provide assistance in bringing family and friends from overseas for temporary or permanent stays in the United States. We handle cases concerning Naturalizations, Asylum, Student Visas, Relative Petitions, Labor Certifications, Tourist Visas, Investor Visas, Fiance Visas, among other areas. For certain eligible aliens, it is possible that we may assist in locating willing Employers to provide sponsorships for Labor Certifications. Please contact our office for additional information.

Divorce & Family Law

Our firm can assist you in a wide array of legal matters, including prenuptial and postnuptial agreements, settlement agreements, divorce, custody, matters of support, equitable distribution, and other related family matters.

Business & Finance Law

Our Business and Finance Practice represents public and private companies. We serve our clients in complex transactions in the lodging / hospitality, retail and technology industries. Our firm has earned a premiere reputation for representing developers, small and medium business owners and start-up companies from the ground up, assisting clients with the formation, financing, and contracting of new businesses, corporations, partnerships, trusts, and limited liability entities. Our firm also provides services for drafting corporate bylaws, classification of shares, shareholder agreements, limited liability company operating agreements, partnership agreements, and voting agreements. Additionally, our firm can act as outside general counsel providing responsive support and advice to small to mid-sized businesses, and efficient issue-specific and transactional support to in-house counsel in larger businesses. Engagements range from rapid turnaround contract review and advice to longer-term engagement in corporate transactions and sales. Our lawyers have extensive experience drafting many of these contracts and agreements in a timely and efficient manner to guarantee the viability of a client’s business ventures.

Criminal Law

When it comes to criminal law cases, an experienced and effective criminal defense attorney can make a serious impact on the outcome of the case by ensuring that the rights of the accused are protected throughout the legal process. For these and other reasons, it is vital that those accused of a crime select the most competent, experienced and effective attorney available. Our lawyers are familiar with all facets of criminal defense and can help you in many ways. If you have been charged with a crime, we can: Work to get the charges against you dropped or lowered; Interview police, involved parties, and any possible witnesses to expose any lies or exaggerations; Make sure that no evidence against you was illegally obtained; Conduct a thorough pre-trial investigation; Employ a private investigator, ballistics expert, polygraphist, or any other experts that may be able to help strengthen your defense; Obtain expert witnesses to testify on your behalf; Negotiate with prosecutors to make sure you face the minimum possible penalty; and Litigate a case before a Judge or Jury to aggressively fight for your rights.

Commercial Transactions

Kasuri & Levy provides a wide variety of services for our business clients by assisting with selecting the type of corporational entity under which to operate, preparation of agreements, sale and purchase of businesses, obtaining financing and funding for business operations, employee relations, leases, construction, mortgages, foreclosures, zoning, title examinations, quiet title actions, closings, and even dissolution of a business. We aggressively work hard to represent our business clients in all types of proceedings and commercial transactions so they can focus on achieving success in their business ventures.

Contracts

At Kasuri & Levy, our attorneys handle all aspects of contracts, including drafting contracts, execution, negotiating terms, terminating, and aggressively litigating for your rights based on the terms of an agreement. Our attorneys are experienced in dealing with many issues that have arose under contract law and can comfortably handle a variety of different types of contracts for individuals and commercial businesses.

Traffic/Municipal Defense

The consequences of a traffic summons can potentially lead to fines, points, license suspension, insurance surcharges, or even jail sentences. Many times, people typically undermine the importance of a traffic or municipal summons and end up paying more money in the long run. The American Justice System allows you the opportunity to dispute the allegations against you by a police officer. It is important to use this opportunity to challenge these allegations against you and fight these charges so you can keep your driving privileges, prevent accumulation of points on your license to avoid a future license suspension, and avoid high insurance surcharges in the future. In some instances, speeding tickets can be aggressively fought by challenging the police officer's testimony and demanding for police records to disclose any inconsistencies in the calibration of a radar or laser gun. At Kasuri & Levy, our attorneys can aggressively fight on your behalf to help avoid accumulations of fines, insurance surcharges, and points on your driving record.

Wills, Trusts, & Estates

Our firm will discuss your goals to ensure the correct plan is set to maximize the benefits of all applicable estate and tax laws. We will draft wills, trusts, powers of attorney, and any other legal documents needed to carry forth your estate plan. If you do not currently have a will or you have one that is outdated, please contact us. Our office can provide you with options for your estate planning that can allow you to plan for you and your family's future.

Personal Injury

Each and every day, the rights of seriously injured and aggrieved people are threatened. Our Personal Injury practice represents people who have been seriously injured. From unsafe foods and untested products to car and truck accidents, burns, assaults, and even poisoning, risk abounds. Defined as an injury to the body or mind, a personal injury can be caused on purpose (ie: in the case of an assault) or occur due to a third party's negligence (failure to provide safe circumstances, as in the case of an employer with unsafe work conditions or a property owner who fails to secure their property). Personal Injury also includes wrongful death cases due to causes such as automobile, motorcycle or truck accidents and defective product design. Aside from obtaining the best medical care possible, what can you do about personal injury? The answer is simple - fight back. State laws give personal injury victims a limited amount of time to seek justice by filing a personal injury lawsuit with the hopes of obtaining compensation for expenses such as medical bills, future medical expenses, vocational rehabilitation, and payment for emotional suffering due to personal injury. And by asserting your legal rights properly, you can come away with a favorable jury verdict or a generous settlement to help pay for your personal injury.   When it comes to filing and litigating your personal injury claim, it's a better idea to seek professional help, rather than going alone. At Kasuri & Levy, we have what it takes to deal with paperwork, courtroom politics and trial procedures on your behalf. Our firm consists of focused and aggressive attorneys who are proud to help you assess, file and do our absolute best to get the justice you deserve. We welcome interested parties who think they may have a valid personal injury claim to contact us for a confidential & free consultation.

Auto Accidents

The attorneys at Kasuri & Levy represent people who have been injured in various types of accidents, whether it be auto accidents, slip & fall, or other personal injuries. We aggressively work hard for victims to get full and fair monetary compensation for their pain & suffering, medical bills, lost wages, and other damages. The attorneys at Kasuri & Levy do not get paid unless we are successful with your lawsuit. Our attorneys will not take unreasonable percentages and will work aggressively to competitively assure that the victim receives a strong monetary compensation for their injuries. If you are the victim of a personal injury, please contact us immediately to discuss your rights.

Medical Malpractice

Medical Malpractice occurs from the negligence or failure of a medical professional or medical facility to use adequate levels of care, diligence, and skill in the performance of their duties, which then results in an injury. At Kasuri & Levy, we aggressively work hard for victims to get full and fair monetary compensation for their pain & suffering, medical bills, lost wages, and other damages. The attorneys at Kasuri & Levy do not get paid unless we are successful with your lawsuit. Our attorneys will not take unreasonable percentages and will work aggressively to competitively assure that the victim receives a strong monetary compensation for their injuries. If you are the victim of a personal injury resulting from medical malpractice, please contact us immediately to discuss your rights.

Employment Law

Our attorneys handle all aspects of employment related claims. Some common claims typically relate to: Wrongful Termination, Worker's Compensation, Wages, Hours, Overtime, Employment Discrimination, Sexual Harassment, and ADA - Americans with Disabilities Act (federal & state claims). Our experienced trial attorneys are dedicated to fighting for the most advantageous outcomes available for our clients who have been wrongfully discharged or otherwise suffered injustice on the job.

Real Estate

Our firm represents a diverse group of individuals and organizations in the sale and leasing of real estate assets and/or interests. We offer counseling to landlords and major corporate tenants in connection with all of their leasing needs—from small office spaces to entire building leases. We have significant expertise and experience in drafting, reviewing and negotiating percentage leases, space leases and ground leases. Our real estate law practice also focuses on representing individual homeowners, buyers, sellers, and real estate investors. We have a solid understanding of the current real estate market and are always looking at ways to protect our clients. We can assist clients with their development plans through the vast maze of regulatory processes. We can also cater to the savvy individual investor and the vast array of real estate transactions that call for legal consultation. The biggest investment for most individuals is their home or residential property. In addition, for many commercial real estate investors, there may be millions of dollars involved in every transaction. Whether you are buying selling, or refinancing, Kasuri & Levy can assist you protecting your real estate investment and in handling intricate aspects of real estate transactions including disputes, should they arise. We represent buyers, sellers, and builders, handling every legal aspect of the sale or purchase, including: Real estate closings, Buyer and seller agreements, For sale by owner, Preparation of contracts and contingency letter or agreements, Due Diligence, Preparation of real estate documents, including easements, deeds, and leases, Contract review, Title issues, Residential Closings, Commercial Closings, Due Diligence for residential and commercial transactions, Boundary disputes, Contract disputes, and Partition Suits. Our firm also handles real estate issues related to estate planning and administration and issues concerning Mortgage Default, Fraud and Foreclosures.

Bankruptcy

Our Bankruptcy practice is committed to helping people struggling to pay their monthly bills. A major reform of the bankruptcy system took effect on October 17, 2005. The Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 presents additional challenges to people facing financial problems. The new law marks the biggest change to bankruptcy law since 1978. It prohibits some people from filing for bankruptcy altogether. The law makes it harder for those who qualify to come up with manageable repayment plans and provides fewer protections from collectors than the prior law. Regardless of these changes in law, you still have many legal options to resolve your financial problems. Our law firm is committed to assisting clients in financial hardship. Our legal services, including debt relief agency expertise, will be available to anyone who is over-burdened by debt. United States bankruptcy laws are intended to give debtors a new financial beginning by relieving most of their debts, under Chapter 7 bankruptcy; or giving them the opportunity, under the oversight of a bankruptcy trustee, to develop a payment plan under Chapter 13 bankruptcy. Our bankruptcy practice primarily deals in handling Chapter 7 and Chapter 13 bankruptcy cases. Chapter 7 Bankruptcy, often referred to as Liquidation Bankruptcy or Straight Bankruptcy, eliminates most unsecured debts. Unsecured debts include debts such as credit cards, medical bills, and personal loans. Most people believe that when they file for Chapter 7 bankruptcy, all of their possessions will be liquidated. We can help you protect your assets. Our objective in every bankruptcy case we handle is to ensure that our clients keep their home, car, and personal belongings, while their personal debts are eliminated.

Franchise Relations

Purchasing a franchise can be one of the most efficient ways to achieve the American dream of owning your own business. However, buying a franchise can be filled with risks. It is important that you are informed of your obligations and rights. At Kasuri & Levy, our attorneys advise clients in evaluating franchise documents prior to making the substantial investment in a franchise. We review the documents with your particular concerns and goals in mind and assist you in understanding the commitment you are undertaking. Don't let your business dreams turn into a nightmare. If you are thinking of buying a franchise, please contact our office to discuss your plans. Purchasing a franchise is a major decision. Do not sign any franchise agreement without thoroughly exploring the opportunities and obligations involved. We can help you answer the important questions: Should I buy this franchise? and What am I agreeing to? It is imperative to make informed decisions before undertaking this substantial investment of money, time, and effort. We will seek to modify negotiable agreements to make them more advantageous to you. Whether you are interested in a home-based franchise or one that requires a separate business location, we have the skills and experience to assist you. We have helped people take advantage of franchise opportunities throughout the United States. We provide value to our clients by assisting them with creative, expeditious and cost-effective legal advice to business problems. We are an alternative to large law firms, which have considerable overhead costs and high hourly rates. Our clients receive the benefit of a personal relationship, and the efficiency and cost-consciousness that is available only in a boutique law practice.

Hotel/Motel/Retail/Hospitality

Our firm has unparalleled experience and expertise in the lodging industry with all facets of the hospitality business. Our firm has been active in the lodging / hospitality industry for years. We serve as counsel to owners, managers, and developers of hotel companies, condominium-hotels, and resorts, as well as represent industry investors and lenders. Our firm is experienced at advising our clients in all aspects of buying, selling, financing, due diligence, and investing in every type of hotel, from limited-service properties to full-service hotels, resorts, and mixed-use projects. We cover all needs for acquisitions, financing, negotiations, zoning, development, financing, acquisition, financing, purchase & sale, franchising, and liquor licensing.

Harassment

It is extremely significant that everyone be able to work in a fair environment without having to tolerate unjust treatment from others they work with each and every day. Our attorneys can get involved immediately to help put a stop to harassment and brings your needs, rights, and well-being to a high priority. Harassment is illegal in the workplace and can include: verbal harassment, physical harassment, unwanted touching, and sexual harassment. Harassment can be intimidating, degrading, distressing, and completely inappropriate. At Kasuri & Levy, we aggressively fight for your rights so these issues can be dealt with before they continue and become worse.

Discrimination

Our attorneys handle all aspects of employment related claims. Some common claims typically relate to: Employment Discrimination, Sexual Harassment, Wages, Hours, Overtime, Wrongful Termination, ADA - Americans with Disabilities Act (federal & state claims), and Worker's Compensation. Our experienced trial attorneys are dedicated to fighting for the most advantageous outcomes available for our clients who have been wrongfully discharged or otherwise suffered injustice on the job.

Appeals

If you were found guilty after a trial, you are entitled to appeal that judgment. This process varies depending on the offense, but there are always time deadlines to file an appeal. Appeals can be based on a variety of issues, some of which include: Inadequate Representation by your Attorney, Discrepencies in Evidence, Error by a Judge, and Improperly Excluding or Admitting Evidence. If you would like to appeal the judgment against you, it is important to immediately contact our attorneys to determine of your available options.

Bankruptcy

Bankruptcy Protection is meant for those individuals and businesses who are struggling in debt and are looking for a fresh start. Filing for Bankruptcy Protection can help to reshape one's financial situation, stop harassing creditor phone calls/letters, freeze or 'stay' lawsuits and collection activity, prevent and stop wage attachment, prevent and stop bank account fund seizures, prevent and stop utility service shutoffs, prevent or stay foreclosure actions, prevent or stay a sheriff's sale, prevent or stay auto repossessions, prevent or stay evictions, restore utilities, eliminate debt, possibly eliminate some tax debt, restore driver's licenses, prevent garnishments and liens, discharge credit card debts, and most of all, get a fresh financial start. The process of filing for Bankruptcy Protection is generally very paper intensive, involves detailed evaluations at every step, involves interpretation of bankruptcy related rules and laws to determine your best options, counseling courses, at least one hearing, and working with a United States Bankruptcy Trustee and the Court to ensure compliance to the fullest extent. Deciding between a Chapter 7 and Chapter 13 Bankruptcy is often a difficult decision and requires close evaluation to determine which is the best option in one's particular financial situation. The evaluation will typically involve the assessment of secured debt vs. unsecured debt, amount of equity in property, amount of assets, amount of available exemptions, income for purposes of a 'means test,' situations where a homeowner is in arrears on their mortgage or in a foreclosure action, and many other factors. Therefore, it is important to discuss your options with an experienced bankruptcy attorney who will offer advice on the best solution for your future outcome. In doing so, personal attention, knowledge, care, and communication is imperative and highly important. Chapter 7 Bankruptcies can be filed by individuals, joint married couples, or businesses. 'Means Testing' is often used to calculate and determine eligibility. At times, a Chapter 7 can be done in conjunction with a straight mortgage modification, short sale, deed in lieu, or modification through a foreclosure action. In other situations, a Chapter 7 is not recommended and a Chapter 13 is then introduced as a solution to one's financial situation. The evaluation is very intricate and largely depends on one's unique situation which requires a unique and customized approach. The types of debts that one has will also affect such decisions. Chapter 13 Bankruptcies are often a choice for those who are not recommended to do a Chapter 7, are ineligible for a Chapter 7, or have certain criteria in their mortgage situation which require a Chapter 13 to protect their home if a Chapter 7 in conjunction with a mortgage modification or modification through foreclosure action cannot do so. Chapter 13 can assist one to stop foreclosure, prevent a vehicle repossession, and also crunch down other debts. In differentiating from a Chapter 7, Chapter 13 involves being put on a plan through a United States Bankruptcy Trustee whereby debts are prioritized through a hierarchical system. Chapter 13 can be much more difficult and complex to understand than a Chapter 7 and thus, should be handled only by an experienced and knowledgeable attorney.For more information, please feel free to call us to discuss your bankruptcy related matters. As New Jersey's Most Convenient Law Firm, the Law Offices of Kasuri & Levy, LLC., offers numerous office locations throughout the State of New Jersey, has reasonable and affordable rates, is open 7 days per week, has evening appointments available, has attorneys do house calls for those unable to visit one of our many office locations, has over 45 years of combined experience, has EZ-Pay Payment Plans, has aggressive and reputable attorneys, and is recognized as a Top New Jersey Firm for bankruptcy representation.

Foreclosure

Generally in foreclosures, the mortgage company's representatives are unwilling to actually provide any 'beneficial' assistance. Rather, they may lead you in circles to continuously provide information over and over again, while time passes, ultimately leading to a foreclosure. At times, mortagage companies may even eventually tell you that your information was 'lost' and ask you to re-send it, in an effort to keep you busy while the foreclosure process proceeds in the background. Possible options in a foreclosure matter can include, answering a lawsuit, curing mortgage arrears, paying off a loan, negotiation of a forbearance agreement, mortgage refinancing, sherrif's sale, or potentially exempting your home while in the midst of a bankruptcy proceeding. For more information, please feel free to call us to discuss your foreclosure related matters.

Mortgage Modification

In an effort to protect your home, business, or other assets, it is important to consider the possibility of potentially settling your mortgage or loan. Through aggressive negotiations, Kasuri & Levy, LLC. can potentially assist you to modify your loan terms, reduce payments, restructure your debt, void or reverse credit implications, and provide a new fresh start for you by retiring your debt obligations. Certainly, it is always recommended to act quickly on mortgage defaults as the potential for foreclosure can one day be an alarming and unexpected surprise. For more information, please feel free to call us to discuss your mortgage/loan settlement related matters.

Civil Lawsuits

Kasuri & Levy, LLC. is committed to helping clients to freeze/attach bank accounts as an effective method of asset collection, obtain injunctions ordering monies to be paid directly to you, attach real estate with liens against a party's property, judgment collections, structured settlements, and many other efforts to recover what is owed to you at a very reasonable and affordable cost. For more information, please feel free to call us to discuss your asset recovery related matters.

Small Claims

Kasuri & Levy, LLC. is committed to helping clients obtain and collect judgements for Creditors of all types. In order to protect creditor rights, it is important to act quickly and aggressively. Whether you need an emergency motion to freeze assets or you want to let us handle the entire collection process, we are extremely attentive and personalized to your needs. We can help investigate and locate assets to satisfy your judgement. We can file lawsuits promptly to protect your position and preserve assets. From collection laws, creditors' rights, debt collection, debtors' rights, promissory notes, breach of contract, mortgage foreclosure, collection counterclaims, and contract disputes, we are available to assist you in your needs at a very reasonable and affordable cost. Kasuri & Levy, LLC. applies aggressive tactics to collect unpaid debts owed to its clients, while complying with the Fair Debt Collection Practices Act and other applicable laws. Kasuri & Levy can help businesses and individuals with the collection of their unpaid accounts and debts. We are skilled in developing collection programs that are custom tailored to each clients' business needs. Some areas of debt that we regularly collect are: Our services also include skip tracing and asset searches. For more information, please feel free to call us to discuss your debt collection related matters.

Asset Recovery

Kasuri & Levy, LLC. is committed to helping clients to freeze/attach bank accounts as an effective method of asset collection, obtain injunctions ordering monies to be paid directly to you, attach real estate with liens against a party's property, judgment collections, structured settlements, and many other efforts to recover what is owed to you at a very reasonable and affordable cost. For more information, please feel free to call us to discuss your asset recovery related matters.

Repossession

If there is any type of matter relating to the potential or actual repossession of any property or asset, Kasuri & Levy, LLC. is committed to advising you of your legal rights and strategies to resolve the matter as quickly as possible. In the repossession of an asset, it is possible that creditors can perform actions, which are unlawful. Failure to follow various repossession related laws can result in fines or a lawsuit for damages. It is important to have an attorney assess whether or not a repossession is violating the law. Above all, it is critical to derive a strategy to resolving the problem and re-gaining your asset or monies owed as efficiently as possible. For more information, please feel free to call us to discuss your repossession related matters.

Tax Matters

For various tax related matters, including tax asssessment appeals, tax liens, etc., Kasuri & Levy, LLC. is dedicated to advising you of your rights and deriving strategies to help resolve your matter in the most efficient manner possible. Tax matters can become very complicated, confusing, and tedious. Thus, it is important to have an experienced attorney to represent you in resolving your matter in the most efficient manner possible. For more information, please feel free to call us to discuss your tax related matters.

Credit Problems

Kasuri & Levy, LLC. is committed to helping clients obtain and collect judgements and debts for Creditors of all types. In order to protect creditor rights, it is important to act quickly and aggressively. Whether you need an emergency motion to freeze assets or you want to let us handle the entire collection process, we are extremely attentive and personalized to your needs. We can help investigate and locate assets to satisfy your judgement. We can file lawsuits promptly to protect your position and preserve assets. From collection laws, creditors' rights, debt collection, debtors' rights, promissory notes, breach of contract, mortgage foreclosure, collection counterclaims, and contract disputes, we are available to assist you in your needs at a very reasonable and affordable cost. Kasuri & Levy, LLC. applies aggressive tactics to collect unpaid debts owed to its clients, while complying with the Fair Debt Collection Practices Act and other applicable laws. Kasuri & Levy can help businesses and individuals with the collection of their unpaid accounts and debts. We are skilled in developing collection programs that are custom tailored to each clients' business needs. Some areas of debt that we regularly collect are: Our services also include skip tracing and asset searches. For more information, please feel free to call us to discuss your debt collection and creditor related matters.

Accounts Receivable

Kasuri & Levy, LLC. is committed to helping clients collect accounts receivable and obtain judgements for Creditors of all types. In order to protect creditor rights, it is important to act quickly and aggressively. Whether you need an emergency motion to freeze assets or you want to let us handle the entire collection process, we are extremely attentive and personalized to your needs. We can help investigate and locate assets to satisfy your judgement. We can file lawsuits promptly to protect your position and preserve assets. From collection laws, creditors' rights, debt collection, debtors' rights, promissory notes, breach of contract, mortgage foreclosure, collection counterclaims, and contract disputes, we are available to assist you in your needs at a very reasonable and affordable cost. Kasuri & Levy, LLC. applies aggressive tactics to collect unpaid debts owed to its clients, while complying with the Fair Debt Collection Practices Act and other applicable laws. Kasuri & Levy can help businesses and individuals with the collection of their unpaid accounts and debts. We are skilled in developing collection programs that are custom tailored to each clients' business needs. Some areas of debt that we regularly collect are: Our services also include skip tracing and asset searches. For more information, please feel free to call us to discuss your debt collection related matters.

Bank Account Seizure

In order for a bank account to be seized or funds to be garnished, there are many different laws which must be followed alongwith a court order for the same. Failure to follow such laws can potentially result in penalties and/or damages being imposed. At times, certain funds in an account can be considered 'exempt' under the law and cannot legally be seized due to the existing exemptions under state and/or federal law. It is important to consult an attorney with the appropriate knowledge on dealing with bank account seizures and garnishment of funds. For more information, please feel free to call us to discuss your account seizure/garnishment related matters.

Garnishments

When debtors do not make timely payments on their debts, it is very possible that wage attachment/garnishment can result. This can be an effective tool for creditors, but also a dreadful situation for debtors. The possibility to immediately stop wage attachment/garnishment does potentially exist, depending on your particular situation. Above all, it is critical to always act quickly when speaking of wage attachment/garnishment, as strategies and tactics will prove to be very important. For more information, please feel free to call us to discuss your wage attachment/garnishment related matters.

Bank Levy

In order for a bank account to be seized or funds to be garnished, there are many different laws which must be followed alongwith a court order for the same. Failure to follow such laws can potentially result in penalties and/or damages being imposed. At times, certain funds in an account can be considered 'exempt' under the law and cannot legally be seized due to the existing exemptions under state and/or federal law. It is important to consult an attorney with the appropriate knowledge on dealing with bank account seizures and garnishment of funds. For more information, please feel free to call us to discuss your account seizure/garnishment related matters.

Property Liens

A lien is a claim that is filed on your property for the satisfaction of a debt. If you refuse to pay the debt, whoever files the lien can request for a court to raise the money owed by foreclosing on your property and selling it. If a mortgage exists, the mortgage lender is likely to be first to receive payment. It is certainly possible that your home or property can be lost as a result of this. The more likely scenario, however, is that the lien would seriously hamper your ability to sell the property. A lien essentially places a negative image upon the property title that can turn away prospective buyers and/or significantly reduce the value of your property. When speaking of liens, it is best to act quickly with an attorney who can implement the best strategy for resolving your situation and possibly removing the lien from your valuable property. For more information, please feel free to call us to discuss your property lien related matters.

Deed In Lieu

Often, homeowners decide that they either do not want to continue owning their home or are too behind on their mortgage in arrears and will not be able to even afford any type of modification. Unfortunately, it is not as simple as just letting your home go. This can result in a deficiency in the mortgage balance if the assessed value of the house or auction value is much lower than the mortgage balance owed. The difference between these numbers becomes a liability of the homeowner and the bank can then sue the homeowner for it, obtain a judgment, and collect upon it via bank seizures, levies, wage garnishment, liens on personal property or other assets, etc.In such cases, deed in lieu can sometimes be an option, but requires aggressive negotiations with the bank to obtain written approval. Essentially, the idea involves the turnover of your home to the bank in exchange for a written agreement whereby the bank agrees to not proceed against the homeowner for any deficiency. This protects the homeowner from deficiency lawsuits and collection. If the bank does not agree to this, a bankruptcy can also be a sure way to protect the homeowner from deficiencies as well.

Short Sales

Often, homeowners decide that they either do not want to continue owning their home or are too behind on their mortgage in arrears and will not be able to even afford any type of modification. Unfortunately, it is not as simple as just letting your home go. This can result in a deficiency in the mortgage balance if the assessed value of the house or auction value is much lower than the mortgage balance owed. The difference between these numbers becomes a liability of the homeowner and the bank can then sue the homeowner for it, obtain a judgment, and collect upon it via bank seizures, levies, wage garnishment, liens on personal property or other assets, etc. In such cases, short sale can sometimes be an option, but requires aggressive negotiations with the bank to obtain written approval before listing your home as a short sale type listing. Essentially, the idea involves written approval from the bank to list your home as a short sale for an approved price and the bank then agrees to not proceed against the homeowner for any deficiency. This protects the homeowner from deficiency lawsuits and collection. Another way to walk away from a home, free and clear, can also be done through a deed in lieu. If the bank does not agree to a short sale or deed in lieu, a bankruptcy can then also be a sure way to protect the homeowner from deficiencies as well.