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Legal Counsel And Short Sales

Published February 7, 2011 in Bank America Short Sales - 0 Comments

Short Sale Power Hour

We have got exclusive guest Brian Gubernick with us today to speak about bankruptcy lawyers and how they have an effect on the real estate business occasionally. There are various lawyers that are offering advice on short sale or foreclosure when they do not truly understand short sale or foreclosure.

One of the challenges we meet, as specialists, is when we have to advise our clients to speak with an attorney and, at the same time, rectify details that the attorneys give to our clients. We can’t give legal counsel, just like we can not give tax advice. We are comfortable speaking about legal and tax concerns, but we are not going to sign off on these things and we are surely not defending them in court.

Additionally, remember that attorneys frequently concentrate in certain areas. So, talking with an attorney, your customers should work with an attorney that has a little knowledge of real estate law.

Brian just had a customer that had a short sale under contract and agreed to by the bank, but an attorney advised Brian’s client to not do a short sale. He stated that it would be malpractice for him to advise someone to do a short sale.

The customer in this situation had a great deal of faith in her lawyer, but clearly the attorney has no effective knowledge of short sales and the ramifications of a short sale transaction.

The end result is that, as short sale specialists, we need work hard to advise our clients with the stuff that we can and let them know that lawyers are not experts in short sales. This is merely one situation you may come across, but there are many other like it. Safeguard yourself and your clients as best you can.

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