Announcing New $225 Flat Fee Educational Consultation with an Attorney Regarding Your Foreclosure, Short Sale, and Bankruptcy Options

July 19, 2010

Are you facing a foreclosure? Considering bankruptcy or a short sale?

If that sounds like you, you should obtain legal advice regarding your individual options.  In order to help homeowners and individuals who are experiencing financial difficulties with the loss of a job or a pending foreclosure, Plastiras & Terrizzi is announcing a new discounted rate one-time consultation with an attorney to answer questions, evaluate options, and strategize a unique approach tailored to your personal situation.

While the consultation will focus on your concerns and questions, your meeting may include any of the following topics:

The consultation with an attorney from Plastiras & Terrizzi will include a one-time, 45-minute meeting either in person or via phone for a $275 $225 flat fee.*

In order to be sure the consultation is as productive as possible, please bring with you copies of all relevant documents and correspondence between you and all of your mortgage lenders, or send copies to our office prior to the meeting if doing the consultation by phone.

While we encourage loan modifications when feasible, our firm does not handle negotiations with creditors or mortgage lenders. However, we often assist clients in determining whether or not such loan modifications are likely to be successful.

To set up an appointment, call us today:

Attorneys At Law
24 Professional Center Parkway, Suite 150
San Rafael, CA 94903
Phone: (415) 472-8100
FAX: (415) 472-8110

*  This information may be considered advertising in some jurisdictions under applicable laws and ethical rules. The material above has been prepared by Plastiras & Terrizzi. The material is for informational purposes only and does not constitute legal advice.  Plastiras & Terrizzi does not perform loan modification services or other loan forbearance services for residential real estate or collect advance fees for helping negotiate residential loan modifications.

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Biggest Defaulters on Mortgages are the Rich

July 9, 2010

The NY Times is reporting that wealthy homeowners are quickly becoming the most common homeowners to go into default and foreclosure.  The article stated that homeowners with mortgages over $1 million are much more likely to stop paying, with 1 in 7 of these wealthy homeowners currently seriously delinquent, compared to 1 in 12 for homeowners with mortgages below the million dollar level who are currently seriously delinquent.

The article stated:

Whether it is their residence, a second home or a house bought as an investment, the rich have stopped paying the mortgage at a rate that greatly exceeds the rest of the population.

This is consistent with what I have seen throughout San Francisco and the Bay Area.  In my experience advising clients on various real estate and land use issues, I have seen numerous wealthy homeowners with properties and mortgages far north of $1 million who have fallen upon hard times.  For many of these homeowners, their own option is to stop paying their mortgages.  Sometimes homeowners are fortunate to have many years of ownership and equity built up, so they have options such as selling the property.

When they don’t have equity, then they need to consider attempting a short sale or a loan modification.  Unfortunately, due to the passage of SB 94 this past fall, homeowners attempting a loan modification are very unlikely to be able to hire an attorney to advise them on how to accomplish a modification.  That leaves a short sale or simply walking away as the most likely option.

Read the full article here.

John Corcoran is an Associate with Plastiras & Terrizzi law firm in San Rafael, California (Marin County).  He advises clients on real estate matters, small business issues, estate planning, and general civil litigation.  He may be reached at jcorcoran@ptlegal.com or (415) 472-8100 x211.


Guide to Forming & Investing in Independent Film Productions

July 8, 2010

Everyone wants to be in the movies, and that includes investors.  However, any potential investor interested in putting their hard-earned money behind an independent film production should be careful before making the decision whether to invest. There are a number of things which a potential investor should look out for before agreeing to invest in an independent film production.

The most common approach for structuring a film production is to form a Limited Liability Company, or LLC, for the purpose of producing one film.   A LLC is a form of business entity which provides the legal protections of a corporation without the formalities required of corporations.   Like a general partnership, the members of the LLC (or “investors”) can participate in management of the LLC, or most management decisions can be delegated to one manager (or “producer”). The LLC is a pass-through entity for tax purposes so if the film does produce revenues, each individual member pays their income taxes individually.

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“When To Litigate and When to Avoid It” by Basil Plastiras published in North Bay Biz magazine

June 30, 2010

North Bay Biz magazine published “When to Litigate and When to Avoid It” by Basil Plastiras in their July 2010 issue.  Here is an excerpt:

The vast majority of lawsuits resolve, by settlement or dismissal, before reaching trial. In some counties in California (Marin, for example), only 2 percent of all suits filed go to trial. Most counties in California resolve more than 90 percent of all civil suits prior to trial.

The preferred method of resolving legal disputes in California is by settlement. This is the “public policy” of our state. Settlement is usually less expensive for all concerned, less stressful and far less risky than going to trial.

To read the full article, click here.

Basil Plastiras is an attorney, expert witness, mediator and real estate broker. He is the founding partner of Plastiras & Terrizzi in San Rafael, a general civil litigation law firm. He can be reached at (415) 472-8100 or basil@ptlegal.com.


Legal Forms for Startup Businesses

June 9, 2010

One of the fundamental questions for a entrepreneur starting up a new business is how to legally structure the new entity. Each has its advantages or disadvantages, and no one structure will work for every kind of business or individual owner.

If you are thinking of starting a new business, it is best to thoroughly research the pro’s and con’s of the respective entities and think through your goals in starting the business. Do you want a side business that generates a little extra income to supplement a primary job? Do you want to grow the business to be the next Apple or HP? Is this a simple business with minimal risk or do you anticipate your new business’s activities could expose you and your personal assets to a lot of risk? How you come down on these issues will help you determine what entity is right for you.

The most common ways of organizing a new business are as a sole proprietor, a partnership, an LLC, or a corporation.

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PACE Programs May Revolutionize Clean Energy Market

May 26, 2010

With energy costs continually rising, many homeowners have faced a dilemma over how to take advantage of energy saving items such as solar panels and major energy efficiency retrofits, without having to pay thousands of dollars up front.

One new and innovative program is making these traditionally very expensive energy installations a little easier on the wallet. PACE Bond Programs — which stands for Property Assessed Clean Energy — is a funding mechanism which allows homeowners to benefit from lower energy costs by paying for expensive energy retrofits and solar panel installations over the course of 20 years as a supplemental tax bill attached to their property taxes.

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Woman Told To Cut Down Her Trees — By Two Courts

April 30, 2010

It’s not every day a court orders a property owner to cut down trees on their own property.  One Marin county woman has the unfortunate record of having been ordered to cut down her trees by two different courts in two years.  

The California Court of Appeal this week affirmed a ruling by the Marin Superior Court that Dr. Anne Wolff of Larkspur, California must chop down more than two dozen blue gum eucalyptus trees on her property.

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