W. J. Mencarow

An “Avalanche” Of Force Majeure Lawsuits Expected

The COVID-19 pandemic is expected to usher in a flood of litigation over force majeure (“acts of God)  clauses in real estate contracts, and while each case will first examine the circumstances and language of the contract, lawyers say states will also differ in their interpretations. Force majeure, common in real estate contracts, excuses parties …

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Another Wave Of Foreclosures Means More Non-Performing Notes

The widespread misery spread by COVID-19 has left many homeowners scrambling to figure out how to pay their mortgages. Homeowners with government-backed loans—and even many without—are being offered up to 12 months of forbearance, doled out in 90-day chunks. But this temporary fix could result in another wave of foreclosures if additional assistance isn’t provided. …

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Make sure your payors know that they may owe missed monthly payments in a lump sum

With business closures and job losses due to the coronavirus outbreak, about 2 million borrowers so far have applied for mortgage forbearance programs. But homeowners should fully understand what forbearance means before entering into such an agreement with their lender, financial experts advise. Many homeowners who take forbearance options will be on the hook for …

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Kanye West goes all in for Trump — and real estate

“I buy real estate. It’s better now than when Obama was in office. They don’t teach you in school about buying property. They teach you how to become somebody’s property.” “I will not be told who I’m gonna vote on because of my color.” https://www.breitbart.com/politics/2020/04/15/kanye-west-goes-all-in-for-trump-i-wont-be-told-who-to-vote-for-because-of-my-skin-color/

What Is A Force Majeure Clause — And Why You Should Care

The force majeure provision—or the “Act of God” clause—allows a person or business to get out of a contract — including a mortgage — due to an unpredictable “superior force.” Some consumers are wondering if a global pandemic qualifies for that. The term refers to a “force outside the control of a party,” and a …

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Here comes a wave of non-performing note opportunities

About 2 million homeowners are skipping their monthly mortgage payments, according to industry data released on April 13The $2 trillion stimulus package passed by Congress last month allows homeowners who face hardship from the pandemic to request forbearance from the companies that service their mortgages, meaning they can suspend payments without penalty for as long …

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The CARES Act Fixed A ‘Typo’ In 2017 Tax Law, Resulting In A Big Win For Property Owners

Tucked away in the $2 trillion stimulus bill passed by Congress a week ago is a tax law change that will benefit commercial property owners and some tenants well after the coronavirus pandemic runs its course. The change, on page 211 of the 883-page Coronavirus Aid, Relief and Economic Security Act, expands the tax deduction for many …

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