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Christopher Dobbs Schwindt

Christopher Schwindt’s Answers

31 total

  • I am in foreclosure my home, and have been given a 3 month 'trial preriod' for a hamp on my loan. Am I wasting my money?

    I live in Lakewood, WA and was just served trustee sale paperwork for Aug 17, 2012. I am scheduled to make 3 payments at the new payments amount on Jun 1, Jul 1, and Aug 1 and then they will let me know if I get the modification. Is my loan servic...

    Christopher’s Answer

    These days it is pretty certain you will get a final modification upon
    completion of the trial. If you don't do it, you wont get anything. If you
    are uncertain, consult with an attorney.

    Christopher D. Schwindt
    Attorney at Law,
    Licensed in Oregon and Washington

    Schwindt | Richardson LLC
    621 SW Morrison, Suite 700
    Portland, OR 97205
    (503) 546-0141 office
    (503) 536-6843 fax
    chris@SRLfirm.com

    Website and blog at:
    www.SRLfirm.com

    Like on Facebook:

    http://www.facebook.com/pages/SchwindtRichardson-LLC/102465436535369

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    communications bear the following notice: IRS CIRCULAR 230 DISCLOSURE To
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    inform you that, to the extent any advice relating to a Federal tax issue is
    contained in this communication, including in any attachments, it was not
    written or intended to be used, and cannot be used, for the purpose of (a)
    avoiding any tax related penalties that may be imposed on you or any other
    person under the Internal Revenue Code, or (b) promoting, marketing or
    recommending to another person any transaction or matter addressed in this
    communication. PLEASE BE NOTIFIED THAT OUR LETTERS AND E-MAILS TO YOU ARE
    NOT INTENDED TO MEET THE "COVERED OPINION" TEST. We do not provide legal
    advice on Federal (or any) tax issues.

    See question 
  • I am in foreclosure in the home I live in. Can they take property I have that is raw land. I live in oregon

    No sale date has been set. I have been working with the lenders to see if they can get me into any program. I was hoping that if I do get foreclosed on all the way I could at least move to a piece of property I have and live in a trailer, but woul...

    Christopher’s Answer

    Short answer is generally, "no," but you may have to be careful about some
    timing issues. You should probably consult with an attorney.

    Christopher D. Schwindt
    Attorney at Law,
    Licensed in Oregon and Washington

    Schwindt | Richardson LLC
    621 SW Morrison, Suite 700
    Portland, OR 97205
    (503) 546-0141 office
    (503) 536-6843 fax
    chris@SRLfirm.com

    Website and blog at:
    www.SRLfirm.com

    Like on Facebook:

    http://www.facebook.com/pages/SchwindtRichardson-LLC/102465436535369

    This e-mail transmission is intended only for the use of the individual or
    entity to which it is addressed, and may contain information that is
    PRIVILEGED, CONFIDENTIAL, and exempt from disclosure under applicable law.
    Any dissemination, distribution or reproduction by unauthorized persons is
    strictly prohibited. If you have received this transmission in error,
    please immediately notify the sender and permanently delete this
    transmission including any attachments.

    IRS Circular 230 NOTICE:
    To be sure that you do not rely on advice that may not meet the "covered
    opinion" test in addressing federal tax issues and that we comply with IRS
    Circular 230 provisions, our firm's e-mail and certain other written
    communications bear the following notice: IRS CIRCULAR 230 DISCLOSURE To
    ensure compliance with new requirements of the Internal Revenue Service, we
    inform you that, to the extent any advice relating to a Federal tax issue is
    contained in this communication, including in any attachments, it was not
    written or intended to be used, and cannot be used, for the purpose of (a)
    avoiding any tax related penalties that may be imposed on you or any other
    person under the Internal Revenue Code, or (b) promoting, marketing or
    recommending to another person any transaction or matter addressed in this
    communication. PLEASE BE NOTIFIED THAT OUR LETTERS AND E-MAILS TO YOU ARE
    NOT INTENDED TO MEET THE "COVERED OPINION" TEST. We do not provide legal
    advice on Federal (or any) tax issues.

    See question 
  • Mortgage Loan Mod

    The existing loan is an Option ARM: loan amount is $1 million, loan does not appear to be owned by FMac of FMae, and a portion fo the house is rented while owner lives in the other portion. Payments scheduled to reset soon to unaffordable level. ...

    Christopher’s Answer

    Beyond loan limits for those specific programs, however very likely there is a workout option available for some type of modification, depending of course upon all the facts and circumstances.

    See question 
  • Am I responsible for a HELOC associated with a foreclosure that occurred prior to marrying my wife?

    I asked a similar question regarding my responsibility to a foreclosure that my wife incurred prior to our marriage. The property has since foreclosed and been sold. Today we received a court summons requesting written response to a complaint ...

    Christopher’s Answer

    Complaints don't just "collapse" on their own. You need to make an
    appearance and defend the matter or else you risk losing by default,
    regardless of the facts. You should hire an attorney if the amount in
    controversy justifies it, which it probably does regarding an unpaid HELOC.
    Many times these matters can be settled, but do nothing and you lose by
    default. Then you are in a worse situation having a judgment against you
    subject to collection.

    Christopher D. Schwindt
    Attorney at Law,
    Licensed in Oregon and Washington

    Schwindt | Richardson LLC
    621 SW Morrison, Suite 700
    Portland, OR 97205
    (503) 546-0141 office
    (503) 536-6843 fax
    chris@SRLfirm.com

    Website and blog at:
    www.SRLfirm.com

    Like on Facebook:

    http://www.facebook.com/pages/SchwindtRichardson-LLC/102465436535369

    This e-mail transmission is intended only for the use of the individual or
    entity to which it is addressed, and may contain information that is
    PRIVILEGED, CONFIDENTIAL, and exempt from disclosure under applicable law.
    Any dissemination, distribution or reproduction by unauthorized persons is
    strictly prohibited. If you have received this transmission in error,
    please immediately notify the sender and permanently delete this
    transmission including any attachments.

    IRS Circular 230 NOTICE:
    To be sure that you do not rely on advice that may not meet the "covered
    opinion" test in addressing federal tax issues and that we comply with IRS
    Circular 230 provisions, our firm's e-mail and certain other written
    communications bear the following notice: IRS CIRCULAR 230 DISCLOSURE To
    ensure compliance with new requirements of the Internal Revenue Service, we
    inform you that, to the extent any advice relating to a Federal tax issue is
    contained in this communication, including in any attachments, it was not
    written or intended to be used, and cannot be used, for the purpose of (a)
    avoiding any tax related penalties that may be imposed on you or any other
    person under the Internal Revenue Code, or (b) promoting, marketing or
    recommending to another person any transaction or matter addressed in this
    communication. PLEASE BE NOTIFIED THAT OUR LETTERS AND E-MAILS TO YOU ARE
    NOT INTENDED TO MEET THE "COVERED OPINION" TEST. We do not provide legal
    advice on Federal (or any) tax issues.

    See question 
  • How can I save my underwater house from foreclosure if my ex-wife stops paying mortgage and I cant afford the current mortgage?

    I am still on the mortgage and signed a quit claim deed at the time of divorce. She is now unable to pay after moving out of the country and has plans to let it go into foreclosure. I would like to take the house back, if possible. However, the...

    Christopher’s Answer

    You will need to get the deed back and move back in, then try for a loan
    modification. We assist with these matters if you need help.

    Christopher D. Schwindt
    Attorney at Law,
    Licensed in Oregon and Washington

    Schwindt | Richardson LLC
    621 SW Morrison, Suite 700
    Portland, OR 97205
    (503) 546-0141 office
    (503) 536-6843 fax
    chris@SRLfirm.com

    Website and blog at:
    www.SRLfirm.com

    Like on Facebook:

    http://www.facebook.com/pages/SchwindtRichardson-LLC/102465436535369

    This e-mail transmission is intended only for the use of the individual or
    entity to which it is addressed, and may contain information that is
    PRIVILEGED, CONFIDENTIAL, and exempt from disclosure under applicable law.
    Any dissemination, distribution or reproduction by unauthorized persons is
    strictly prohibited. If you have received this transmission in error,
    please immediately notify the sender and permanently delete this
    transmission including any attachments.

    IRS Circular 230 NOTICE:
    To be sure that you do not rely on advice that may not meet the "covered
    opinion" test in addressing federal tax issues and that we comply with IRS
    Circular 230 provisions, our firm's e-mail and certain other written
    communications bear the following notice: IRS CIRCULAR 230 DISCLOSURE To
    ensure compliance with new requirements of the Internal Revenue Service, we
    inform you that, to the extent any advice relating to a Federal tax issue is
    contained in this communication, including in any attachments, it was not
    written or intended to be used, and cannot be used, for the purpose of (a)
    avoiding any tax related penalties that may be imposed on you or any other
    person under the Internal Revenue Code, or (b) promoting, marketing or
    recommending to another person any transaction or matter addressed in this
    communication. PLEASE BE NOTIFIED THAT OUR LETTERS AND E-MAILS TO YOU ARE
    NOT INTENDED TO MEET THE "COVERED OPINION" TEST. We do not provide legal
    advice on Federal (or any) tax issues.

    See question 
  • What can i do to keep the house and property

    my friend and his brother havent paid taxes on home their parents left them in 3 years either one of the brothers are employed they need 13,000 dollars paid to back taxes what do they do

    Christopher’s Answer

    It sounds like they need to find a lender, probably a private money lender
    or something like that. This will only be possible if there is substantial
    equity in the property. They need to act prior to the foreclosure by the
    county. Let me know if we can assist,

    Chris

    Christopher D. Schwindt
    Attorney at Law,
    Licensed in Oregon and Washington

    Schwindt | Richardson LLC
    621 SW Morrison, Suite 700
    Portland, OR 97205
    (503) 546-0141 office
    (503) 536-6843 fax
    chris@SRLfirm.com

    Website and blog at:
    www.SRLfirm.com

    Like on Facebook:

    http://www.facebook.com/pages/SchwindtRichardson-LLC/102465436535369

    This e-mail transmission is intended only for the use of the individual or
    entity to which it is addressed, and may contain information that is
    PRIVILEGED, CONFIDENTIAL, and exempt from disclosure under applicable law.
    Any dissemination, distribution or reproduction by unauthorized persons is
    strictly prohibited. If you have received this transmission in error,
    please immediately notify the sender and permanently delete this
    transmission including any attachments.

    IRS Circular 230 NOTICE:
    To be sure that you do not rely on advice that may not meet the "covered
    opinion" test in addressing federal tax issues and that we comply with IRS
    Circular 230 provisions, our firm's e-mail and certain other written
    communications bear the following notice: IRS CIRCULAR 230 DISCLOSURE To
    ensure compliance with new requirements of the Internal Revenue Service, we
    inform you that, to the extent any advice relating to a Federal tax issue is
    contained in this communication, including in any attachments, it was not
    written or intended to be used, and cannot be used, for the purpose of (a)
    avoiding any tax related penalties that may be imposed on you or any other
    person under the Internal Revenue Code, or (b) promoting, marketing or
    recommending to another person any transaction or matter addressed in this
    communication. PLEASE BE NOTIFIED THAT OUR LETTERS AND E-MAILS TO YOU ARE
    NOT INTENDED TO MEET THE "COVERED OPINION" TEST. We do not provide legal
    advice on Federal (or any) tax issues.

    See question 
  • Where is the power of sale clause?

    I am looking at a possible foreclosure and have found that if I dont have a "power of sale" clause then it is possible that I could have to pay extra after the bank forecloses. I don't see the "power of sale" clause on the "note" could it be somew...

    Christopher’s Answer

    The power of sale is in your deed of trust, not the note. They all have
    them as this is integral to the trust deed and its operation. It seems your
    concern is as to whether they will go that route or rather will they sue you
    via judicial foreclosure, wherein there may be a deficiency judgment
    awarded, or simply sue you on the note. You may wish to consult with an
    attorney to explore all your options and probable outcomes.



    Christopher D. Schwindt
    Attorney at Law,
    Licensed in Oregon and Washington

    Schwindt | Richardson LLC
    621 SW Morrison, Suite 700
    Portland, OR 97205
    (503) 546-0141 office
    (503) 536-6843 fax
    chris@SRLfirm.com

    Website and blog at:
    www.SRLfirm.com

    Like on Facebook:

    http://www.facebook.com/pages/SchwindtRichardson-LLC/102465436535369

    This e-mail transmission is intended only for the use of the individual or
    entity to which it is addressed, and may contain information that is
    PRIVILEGED, CONFIDENTIAL, and exempt from disclosure under applicable law.
    Any dissemination, distribution or reproduction by unauthorized persons is
    strictly prohibited. If you have received this transmission in error,
    please immediately notify the sender and permanently delete this
    transmission including any attachments.

    IRS Circular 230 NOTICE:
    To be sure that you do not rely on advice that may not meet the "covered
    opinion" test in addressing federal tax issues and that we comply with IRS
    Circular 230 provisions, our firm's e-mail and certain other written
    communications bear the following notice: IRS CIRCULAR 230 DISCLOSURE To
    ensure compliance with new requirements of the Internal Revenue Service, we
    inform you that, to the extent any advice relating to a Federal tax issue is
    contained in this communication, including in any attachments, it was not
    written or intended to be used, and cannot be used, for the purpose of (a)
    avoiding any tax related penalties that may be imposed on you or any other
    person under the Internal Revenue Code, or (b) promoting, marketing or
    recommending to another person any transaction or matter addressed in this
    communication. PLEASE BE NOTIFIED THAT OUR LETTERS AND E-MAILS TO YOU ARE
    NOT INTENDED TO MEET THE "COVERED OPINION" TEST. We do not provide legal
    advice on Federal (or any) tax issues.

    See question 
  • Can I file a Motion to Compel mortgage lender to provide the original note on my house that is in foreclosure? I live in Oregon.

    My house is in foreclosure. I sent the lender, B of A, a certified letter to provide the original note. It has been over 20 days. Now I wish to file a Motion to Compel. Do I name the mortgage holder or the servicing agent (MERS)?

    Christopher’s Answer

    You need a court case in order to file a motion. This is a lot more complex
    than you seem to appreciate. You will not be able to "compel" anything
    until or unless you reach a discovery phase of a litigation.

    Christopher D. Schwindt
    Attorney at Law,
    Licensed in Oregon and Washington

    Schwindt | Richardson LLC
    621 SW Morrison, Suite 700
    Portland, OR 97205
    (503) 546-0141 office
    (503) 536-6843 fax
    chris@SRLfirm.com

    Website and blog at:
    www.SRLfirm.com

    Like on Facebook:

    http://www.facebook.com/pages/SchwindtRichardson-LLC/102465436535369

    This e-mail transmission is intended only for the use of the individual or
    entity to which it is addressed, and may contain information that is
    PRIVILEGED, CONFIDENTIAL, and exempt from disclosure under applicable law.
    Any dissemination, distribution or reproduction by unauthorized persons is
    strictly prohibited. If you have received this transmission in error,
    please immediately notify the sender and permanently delete this
    transmission including any attachments.

    IRS Circular 230 NOTICE:
    To be sure that you do not rely on advice that may not meet the "covered
    opinion" test in addressing federal tax issues and that we comply with IRS
    Circular 230 provisions, our firm's e-mail and certain other written
    communications bear the following notice: IRS CIRCULAR 230 DISCLOSURE To
    ensure compliance with new requirements of the Internal Revenue Service, we
    inform you that, to the extent any advice relating to a Federal tax issue is
    contained in this communication, including in any attachments, it was not
    written or intended to be used, and cannot be used, for the purpose of (a)
    avoiding any tax related penalties that may be imposed on you or any other
    person under the Internal Revenue Code, or (b) promoting, marketing or
    recommending to another person any transaction or matter addressed in this
    communication. PLEASE BE NOTIFIED THAT OUR LETTERS AND E-MAILS TO YOU ARE
    NOT INTENDED TO MEET THE "COVERED OPINION" TEST. We do not provide legal
    advice on Federal (or any) tax issues.

    See question 
  • Hi there, I have a question. Ex wife and I have a home in Oregon. We also have a own a piece of property that is free and

    clear that a joins the property,"but is a separate parcel." We both have stable jobs and she is a business owner. If we walk away from the house, what are we liable for, and can the mortgage lender come after her or I and or her business.Can t...

    Christopher’s Answer

    The answer depends on whether the property is being lived in as your residence at the commencement of the lender's foreclosure action. If not, then a judicial foreclosure may poptentially lead to a money judgement for deficiency, which would become a lien on all real property in that county and would likely lead to collection efforts such as garnishments. You should seek counsel regarding the specifics of this situation, your options and risks.

    See question 
  • Requested a HAFA Deed In Leiu with BofA...What happens when they change the locks?

    I've been trying to work with BofA for some time on a HAFA Deed In Leiu, and two weeks ago was told that someone would be going to inspect the condo. Today I had a call from a company that works with Bank of America, and it appears that they will ...

    Christopher’s Answer

    Your only personal liabiltiy is the HOA dues and premises liability. All of it goes away when title transfers. That won't happen until they accept the deed in lieu, or you find someone else (like an investor) willing to take title from you.

    See question