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Land Trusts as a Due-on-Sale Workaround? STILL a No from Me. Let’s Talk Lease Options Instead.

  By Hope Richards, the anti-attorney attorney Richards Law, PA Hope@RichardsLawPA.com Let’s revisit an oldie but a goodie and I wrote about way back in 2016 - the myth that putting property into a land trust magically keeps lenders from noticing that you sold a house without paying them their money back. Spoiler: it doesn’t. Not then, not now, not even with a fancy Latin phrase like inter vivos in your back pocket. If you missed my first blog on this topic, here’s the Cliff’s Notes version: Transferring property into a land trust does not make you invisible to the bank. The Garn–St. Germain Act has a narrow exception that gets twisted more than a soap opera plot. You’d need the borrower to still live in the property and remain a beneficiary. Show me a Subject-To investor that’s keeping the seller as both owner and roommate, and I’ll show you an HGTV episode I’d actually watch. Now, here’s where the sleight of hand gets dangerous: it’s not just the strategy that’s flawed— it...

Can a Short Sale Save You From Foreclosure? Yes, But…

 Short sales are often seen as the lesser of two evils when compared to foreclosure—and for many struggling homeowners, that’s true. A properly executed short sale can help you avoid the hit to your credit and dignity that comes with a foreclosure, while also giving you more control over the process. But it’s not a magic fix—and it’s not for everyone. One of the biggest legal pitfalls in short sales is the timing. Many homeowners wait too long to act, assuming the lender won’t approve the sale or thinking foreclosure isn’t imminent. But once a foreclosure lawsuit is filed, the clock starts ticking fast. You need someone who understands the procedural deadlines and can jump into action. Even better? You need someone before that lawsuit ever hits your doorstep. We work with clients to explore all their options, including loan modifications, bankruptcy protection, and strategic negotiation with lenders. If a short sale makes the most sense, we manage the legal complexities so you do...

Short Sales, Long Game: How to Protect Yourself Legally

       When homeowners are underwater on their mortgage and out of options, a short sale can feel like the emergency exit door. But just because the bank agrees to take less than what's owed doesn’t mean it’s smooth sailing. From potential deficiency judgments to credit consequences and tax surprises, there’s more to it than signing away the deed. As real estate attorneys, we help you navigate the fine print, negotiate with lenders, and make sure your “short” sale doesn’t come with long-term regret.      Short sales are complex negotiations that involve your mortgage lender, a potential buyer, and often a whole cast of supporting characters like junior lienholders, HOAs, or judgment creditors. If just one of them doesn’t approve the deal, the whole thing can fall apart. We step in early to identify these roadblocks and help resolve them—before you get too far down the road. Our goal is to make the process as clean and favorable for you as possible. ...