Divorce
Real Estate and your Divorce in OC – Protect Yourself!
A Divorce team on YOUR side
Going through a divorce is a stressful life event that unfortunately happens to about 72% of us here in Orange County, which is 22% over the national average. It is much more common than we think, and we are never prepared for it because we think we will be together forever. You probably know someone going through one right now. We hope it never happens to you or anyone else we know and love, but if it does we want you to know what you can do to make it easier. Divorce can also be one of the most lonely times for people, losing your best friend that you were going to spend the rest of your life with is far from easy. In order to make the process a little more easy, you need to find yourself a support system and a team that can help you through all of the legal parts that come with.
Who should be on your team?
Divorce Attorney
The last thing you want to think about our deal with during a divorce is what legal matters need to be settled. Having a good divorce attorney in your corner is key to helping it be an easy transition. If you don’t feel like doing research on divorce attorney’s don’t worry, we know the best one. Elisabeth Donovan is a member of our LeTip group that we see every week and we think she would be a great asset to your team. She is a certified divorce financial analyst and divorce attorney so she is at a higher level than other attorneys. She is experienced in separation and divorce, child custody and child support. She is passionate and aggressive, we’d want her on our team if we were in the same situation.
Lender
When going through a divorce homeownership and our credit can take a hit. You want a good lender on your side who will make sure you are able to purchase a home again. Derek Beisner is always one of your favorite lenders who also has his divorce designation. When one spouse says; ‘I’ll just keep the house,’ Derek makes sure not only they can afford it, but the spouse leaving can also afford to go off on their own and obtain financing. This is a critical step most divorcing couples forget to handle in mediation, and it usually ends up in one party being forced to sell or foreclose within 6 months to 1 year. We won’t let this happen to you.
Title
Sometimes debt gets so high in a separated household that second loans and Home Equity Lines of credit get taken out. Are you aware of everything that owed on your home, and every debt that’s connected to each of you? We have Mike with Team Langgle at your service to do a deep title search on all your assets, AND each party’s social security number, so nothing pesky pops up later. It’s important to know these things when you are dividing your assets equally!
Realtor
You know us and we weren’t going to leave your real estate agent off of your team. Having your trusted agent in your pocket during this time is so important. Whether you need to work with them to help you both sell your current home or you just need help finding your new home for your new chapter – having a real estate agent you trust and enjoy working with is key. We at the AskAngie team have the heart to help people going through a divorce. We’re not just trying to just sell your home we’re going to research and protect you to ensure you have a right size residence. Yes, sometimes that means sales, but frequently we just help put your ducks in order FOR FREE with no obligations. We work in conjunction with attorneys like Elisabeth to make sure every property concern is covered.
Insurance
Did you know insurance usually goes up on a property after a divorce? Or even worse, some properties are uninsurable due to new guidelines? Scott Assali with Advantis Insurance can check your home(s) to make sure prices aren’t going up and you don’t get stuck in a pickle later with any insurance issues. If you’ve had too many claims recently, you could be in this boat. Be careful and let us confirm every single one of your bases is covered.
Credit Repair
Divorce can ruin one or both parties credit, and you’re going to NEED good credit to start your next chapter right! Sean Bruce with Executive Fix has flexible 3-18 month programs to help you boost your score back up and bounce back better than ever. Little things can make a big difference with your credit, and you have lots of big things to focus on. Sean cleans up your credit while you’re putting the other pieces back together.
Tax Advice
You may be moving to a new tax bracket or selling your home and paying Capital Gains. Irene Mack, CPA knows everything about the new tax laws and can help you understand what your new tax obligations will be. If you have back taxes owed, she can also assist to set you up with a payment plan. Having any outstanding tax obligations during the years that you were married can fall upon you both for years to come, and Irene can help you resolve that so you don’t have lingering issues.
Trust Advice
Are you breaking up or changing a trust? Brent with Pickelsimer Law is not only a Trust Attorney, he is also a judge. Brent is only available by referral, and he can guide you through all the important considerations when dissolving or creating a trust. He does house calls, too, if you’re too busy handling other items to meet at the office. Most of our team does, for that matter!
Financial Advice
Need to change up your investments? Update your beneficiaries? Have fresh eyes take a look to make sure you are making the most out of what you’ve saved? Barbara Loos has been with Prudential for years and will take a look at your current investments with no obligations and let you know if she thinks you’re in a good place or she sees opportunity for bigger gains. Don’t lose sight of your long term plans during this difficult time.
Mobile Notary
With all the documents flying you’re probably going to need a notary, a few times. Nicki Walsh is so kind, caring, and compassionate, you’ll want her to help you with all your paperwork signings. She can come to you or meet you at the place of your choice.
Fix up crew
If you’re selling, renting, or even keeping your home but find out repairs are needed, we’ve got everyone you need to help you from Ken with Beacon Carpet & grout cleaning, to John with Reddel Draperies. Or maybe you don’t need anything ‘fixed’, but you can’t stand looking at the exact same house. Gina Lauren can come help you transform your space with her interior design expertise.
Clutter crew
Oh, and we also have the fasttrack number to Salvation Army. Most people call and it’s 2 weeks out and a 4 hour window…not us. We call and set an appointment TIME where they come and pick up EVERYTHING regardless of condition. It’s all part of our RCS-D designation relationships to bring you one less worry.
Emotional support
Obviously this is such a hard time with so much change. We’ve got you covered on that end too, with referrals for many therapists, help groups, churches, & holistic help practitioners to keep you operating at your best mentally. The more people you can have on your team to share the heavy load during this time will make your life easier and less stressful. Go ahead, lean on us!
Next Steps
Together with your team you will be able to mastermind the next steps of your life and where the new chapter will begin. Your divorce attorney will make sure you get everything you want and need throughout the divorce process. Then your lender and the rest of the team will make sure your credit, savings, and mindset stays strong so that you are able to buy again sooner than later. Lastly, your Realtor will help you find the perfect new pad for your next chapter, and you’ll be well on your way to your best life!
If you need more recommendations/advice or are currently going through a divorce and need our team to be your support system contact Angie at 949-338-7408.
Fight Foreclosure & Win – Orange County Real Estate Stories
This week we had the unfortunate task of stopping a foreclosure sale. Long story short, the buyer’s wire didn’t get to escrow in time for escrow to move the funds to title, & title to pay off the existing loan. This put our divorcing sellers in a terrible hands-tied position and at risk of losing the 150k+ in equity they still had in their home. We had to basically drop everything & work all day & night long to save this property from being sold at auction.
I want to share how things unraveled and how we stopped the foreclosure sale, in case other Realtors or homeowners need tips on how to stop their own foreclosure or auction sale.
It Takes a Team to Fight Foreclosure
First off, I want to point out this is never a one person job. At least TWENTY people were involved & acting fast (or slow) to help pull this off. I will be giving credit where credit is due as you read on. There were at least 10 people CC’d on every email. Outside consultants who had nothing to do with this deal were called. LinkedIn connections & messages were sent. Social media posts were fired off.
It all started with an incorrect payoff demand that had Friday’s date instead of Monday or Tuesday. The property auction was scheduled for Tuesday 8/7 at 1pm. The bank HAD to be paid off before that time. Escrow brought this to my attention the previous week, stating the attorneys who were acting as the trustees for Flagstar Mortgage were not getting them the updated payoff demand. For the record, the buyer was SUPPOSED to bring his funds to escrow on Friday, but he was ‘too busy’. Gee, thanks. Attorneys moving slow, cash investors moving slow…us prodding cattle.
Come Monday, I was told at 9am by the buyers agent Clay Matthews of New Western Acquisitions that the wire had been sent. Great, we made it in the nick of time! We thought. Until escrow calls me at 11am stating they still don’t have the funds. I call Clay again, and he stated the funds have been wired, he will call B of A. Well, in his call he discovers the girl who sends out all the wires for B of A was supposedly on vacation, so the wire did not get to escrow until 1pm.
Foreclosure Sales are ALWAYS messy
This still should have been ok, but enter in technicalities, wire cutoff times, & paranoid high ups at Corinthian Title. Although escrow got the wire to title, title refused to ‘pay off’ the loan because Flagstar Mortgage would not receive the funds until Tuesday morning, and their ‘payoff demand’ expired Friday. They had an ok from Flagstar to press the payoff until 5pm on Monday, but not a moment afterward.
So, we need an updated payoff demand then. But escrow had been asking the attorneys representing Flagstar at Zieve, Broadnax & Steele since last week, & they had not given it to us. Now when we call & email 3x on Monday we get a response….it was ‘too close’ to the sale date; they refused to give us the updated document, and said they needed permission from Flagstar. How. Convenient.
I called Flagstar, and in traditional foreclosure loophole fashion, they proceed to tell me that the attorneys at Zieve must stop the sale, they have no control anymore. I get the name & extension of the rep & proceed to call back Zieve, Broadnax & Steele, who never answer the phone and have a lovely one star review on Google. I go on their website & find out who the partners are, and I email their Foreclosure Attorney along with our rep. Katherine Walker emails me back a bunch of legal mumbo jumbo but states if I can get Flagstar to request a postponement, then she will postpone the sale. An inch of progress.
I know I’m out of time and this finger pointing / permission needing / document requirements will go all the way up to the foreclosure if I can’t cut through the BS and get to a decision maker. I start with my partners first.
Begging, Borrowing & Pleading to Stop a Foreclosure
I call Teresa at Corinthian Title and she advises me that there is no way to record title if a wire is still out, absolutely none. I say fine, just pay it off tomorrow very first thing, and she advises me no, that can’t be done either, because the demand expires today. I request that she simply pad the payoff with additional funds so even if more money is owed for this one day, we still get the proper payoff over, even if it’s too much. I plead my clients case to her and still get nowhere. I realize she is just doing her job…but SOMEONE over there should be able to help me, so I ask her to connect me with an individual who CAN authorize this.
She puts me in touch with Mike Godwin, CEO of Corinthian Title, who I plead with further. Mike explains he ‘cant insure’ the title when it is in this risky of a position, and he can only record it IF we get the payoff demand AND if we now get a sale date extension. (Basically perform a freaking miracle so he can CYA) I asked him what the real risk is here and I still don’t understand what it was. I reminded him my clients have 150k in equity in this house and the bank is drooling to take back this property…and he has the power to help them, or to devastate them right now. He still refuses to record the title. Eff. I have exclusively used Corinthian for ALL my title deals since our reps moved there & this is what we get for it??? Seriously!?!!! Shame on you, Mike Godwin.
I literally hang up with policy-pushing Mike & cry. But I have to keep moving on. This is SO unfair. I can’t leave it like this. Please know…..this is where MOST Realtors would have thrown up their hands. It’s 4:45pm & no chance of a title recording today anymore. The sale is mid day TOMORROW.
Fine. If my partners wont’ help then maybe I can network. I then reach out to a real estate attorney I know to see if he knows the attorneys at Zieve, because attorneys all seem to be in the same ‘bro’ club. No luck. I ask him what for SURE way we can stop the sale at 1pm tomorrow, & he advises my clients would have to declare bankruptcy. I can’t recommend THAT to them. They are already so beat down from their divorce. I call my client with an update and he reaches out to a well connected attorney HE knows. They also email and leave a message for Katherine Walker with no reply.
Delay Foreclosure with Social Media
Sigh……..the clock ticks on… so I guess it’s time to swallow my pride & go social. I had already tweeted Flagstar on my own a couple times with nothing yet.
I proceed to search Flagstar Mortgage on LinkedIn to find someone in loss mitigation. Sweet, they are in Michigan. I’m from there, so maybe these people will show some love. I send out connection requests and nice customized emails to all of them pleading my case. While doing that…LinkedIn pops up an alert that states ‘Your connection with the most connections to Flagstar is Desiree Patno’. I know her from Homeownership Day & NAWRB. She’s BEYOND busy. I decide not to bother her.
I humbly create an Insta message recruiting my friends to help. I ask them to send a specific tweet Flagstar. I know that banks HATE being pounded on Twitter. They care more about their reputation than they do your case, so I’ve gotta pelt that to get your case handled.
I smile through my tears as friends & other do-gooders tweet out my message. I ask the buyers agent Clay to help….crickets. Oh, but he did manage to give the keys to the property away & his clients started moving in. Before close. My clients asked me about it and I literally had to tell them that I cannot focus on who is moving into your house right now…I have to stop your foreclosure. How embarrassing….status = sh*tshow.
Engage National & Local Organizations to Postpone Foreclosure
It’s about midnight, and I still can’t sleep. I decide it’s my ego that is causing me not to contact Desiree, so I email her & her trusty assistant Lucille begging for Flagstar contacts & email addresses.
I set my alarm for 5am, because thats 8am in MI, when Flagstar opens. I fall asleep praying.
I wake up at 5am & see that 12 friend tweets later, I have a DM from Flagstar that someone ‘will call me’. Excellent. Waiting. Desiree also emailed me back at 3am wanting more details. I sent them to her at 5am.
At 7am I call one of my clients and ask him to call Flagstar again & plead. We still don’t have resolution, & this sale is happening in 6 hours.
Desiree Patno calls me at 8am & gives me her contacts. YES….now I have two email addresses, and one appears to be a C level! Score for Women in the Housing & Real Estate Ecosystem being a truly VALUABLE resource to be a part of. If you’re a female reading this, join NAWRB. Now we’ve got real progress. I send both of them LinkedIn connection requests with a private message.
Another outside consultant who is an attorney advised me I must get a Flagstar email, and CC all, not just all the attorneys. He said copy EVERYONE on EVERYTHING. I usually hate doing that, but I do know it’s effective in knowing exactly where the buck stopped for accountability. I’ll do whatever I have to in order to get this closed, I can’t have a foreclosure looming on my record, or my heart, for that matter.
I send an email to Zieve & CC the new Flagstar emails, even though I have no idea if they can help or not. Zieve, Broadnax & Steele reply VERY quickly. Ooh, we must be on to something here. We have a few more back & forth & they try to take the Flagstar email addresses off the string. I add them right back on. It’s 10am and we are still going back & forth without resolution, but making small steps of progress. Will it be enough, though?
Meanwhile…Still pelting Twitter. I try CCing OC Register, Orange County Association of Realtors, and use #homeownershipmatters. This is what you call ‘making a stink’. Why haven’t they called me back yet??? Will @flagstar be a zero or a hero????? Is it seriously going to end like THIS?
11:08am Flagstar’s C level Alessandro Dinello accepts my LinkedIn request. No response, but I know he read it, and that’s all I needed. Someone who can make a decision to press a button.
At 11:57am I receive a call from David Woods with The Office of the President at Flagstar Bank. They advise me they cannot speak to me unless I get a client on the phone. I call him, no answer. I call her, no answer. SERIOUSLY??! I text him & ask the nice man on the phone if I can try to call him again. He finally picks up, and confirms it’s ok to speak with me. The Flagstar person explains that because of Twitter, our case was escalated to the Office of the President and it is now being constantly monitored. We explain to him that we need Flagstar to advise the attorneys at Zieve to postpone the sale. He says he won’t keep us in suspense any longer, that they have just done this, and will give us a 7 day extension. I would have cried of happiness but my client was still on the phone. I receive an email from Zieve while David was still on the line that they have received the request to postpone the foreclosure, and will oblige. I tell David he is my hero, and I get his direct contact info as he promises to quarterback any lagging parties for me. I wish I could find him personally on social but I can’t find him anywhere?! Regardless, I tweet out a success & thank you to my social outlets, so everyone knows Flagstar did the right thing.
The attorneys at Zieve, Broadnax & Steele sent the extension and updated payoff demand to Corinthian as Flagstar advised them to do. Corinithian closed the deal by the end of the day now that they had the miracle documents they requested of us. All that work just to buy a few needed hours of time.
Reflecting back, I honestly don’t know if this was saved by Twitter, or by NAWRB email contacts, by random attorneys calling Zieve for me, or a combo of all of the above. I DO know the grace of God was definitely involved!!!!
I want to take a moment to thank the following people who helped me on Twitter, please consider following them:
- Natalie Newman – @NikNatNew
- Brian Kimball – @brianjkimball
- Jerra Morris – @JollieJ
- Keely Crum – @crumbelievableO
- Mike Langgle – @Langgle
- Lisa Combs – @LisaBethBrush
- Liz Lewis – @lizlewisnhb
- Steve Gould – @stevenrgould
- Nicki Walsh – @SignEase
- Angela Collins – @absolutelyang
- Nancy Bau – @NancyBau
- Natalie Duarte – @NatalieduarteMM
If you are an agent, know that Twitter is your secret weapon when you’re fighting foreclosure. It’s like Yelp though, you have to be in the space already to get somewhere. Signing up for a twitter account on foreclosure day won’t cut it. You’ll need your army of followers to help you out.
If you’ve found this post helpful or resourceful, please comment! If you’ve got more foreclosure delay tactics, please comment those as well. If you need help fighting foreclosure, do NOT wait, text Angie at 949-338-7408 immediately. This one was saved with one hour and 2 minutes to spare, maybe we can save yours too!
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Homeownership and Divorce: What To Do About Your House
The evil D word, nobody wants it, but it happens to 50% or more of us. Orange County sky rockets the national divorce average from 50% to 72%. Did you know that divorces spike in August and January? As summer winds down, we thought it would be a good idea to give you some pointers on this super touchy subject.
Listing your home during a divorce
MANY of our listings are divorce sales, and we strive to provide solutions to better protect our clients. It’s a HARD time, and we want to make it as easy as we can when it comes to the most important asset. For this reason, I just earned my RCS-D designation with Professor Kelly Murray, who has degrees from Stanford & Harvard Law. Watch this video to find out some important tips to a successful resolution of the house during a dissolution:
Real Estate Collaborative Specialist – Divorce
Did you know that less than 50 Realtors in Orange County, CA have this prestigious designation? Did you know the standard in divorce when it comes to real estate is an appraisal and a mortgage statement?? That’s IT.
- NO inspection reports
- NO previous title search for liens or secret mortgages
- NO insurance search to confirm the property can be refinanced
- NO preapproval to make sure the home can *actually* be refinanced by one party or the other on their own
Property division is permanent, and not all divorce attorneys are stellar when it comes to real estate handlings. Things you sign in mediation are binding, and sometimes you feel rushed into these decisions. CONTACT US for a no obligation conversation on how you can protect yourself before you ever walk into court or mediation.
Hard Scenarios You MUST Consider During Divorce
Scenario 1: “Oh, just let them keep the house.”
Are you sure about that? One late payment can be 100 credit points! Do you care about your credit score? Ask yourself: Can you or your ex ACTUALLY qualify for the refinance?
- For example: Can you use your alimony or support payments, and if so, how soon? Many banks have a 6/36 rule. They want to see 6 months consistent income, and receive evidence that 36 months of income will continue before they will lend.
Scenario 2: “It’s ok, I’ll just go buy another house.”
ASK: If you allow your ex to keep the house, will YOU still qualify for with your name on the old mortgage? Can you start your next chapter?
- For example: In the eyes of a lender, both parties don’t have 50/50 responsibility on a loan……you each have to pay 100% if the other defaults. Does this ruin your chances of qualifying for a second home in your name? Make it a point to find out before you make a promise you can’t keep.
Scenario 3: “I lost my job / health & I can’t pay.”
Consider what might happen in a worst case scenario. Would you be able to carry two homes to save your credit? Or possibly be willing to sell in a down market?
- UNFORTUNATE FACT: Only 25-30% of individuals regain homeownership 7-10 years after foreclosure. Don’t let your divorce put you into this pool.
If you need help deciding what to do with your house during a divorce talk to the proper Divorce Professionals who can give you the protection, tools, and timeline to make your future a success. We have an entire team waiting to assist you, from moving out all clutter for free to pulling the necessary paperwork to know what you truly owe and own on your properties.
Please reach out to Angie via phone or text anytime at 949-338-7408. Always confidential, always caring, always at your service.
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