Carl Nelson

Carl Nelson

  • Bankruptcy, Foreclosure Defense, Real Estate Law
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Practice Areas
Bankruptcy
Chapter 11 Bankruptcy, Chapter 13 Bankruptcy, Chapter 7 Bankruptcy, Debt Relief
Foreclosure Defense
Real Estate Law
Commercial Real Estate, Condominiums, Mortgages, Residential Real Estate
Professional Associations
State Bar of New York  # 4714788
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Current
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Website
Attorney Carl J. Nelson
Legal Answers
80 Questions Answered
Q. What are the steps and effects of declaring bankruptcy on debts in New York?
A: The first thing you need to do is meet with an attorney. Bankruptcy is sufficiently complicated that there isn’t really any scenario where it would be wise to file on your own. And so having said that the best place to start is with a consultation with an attorney
Q. When to file Chapter 13 to stop foreclosure after 120 days nonpayment?
A: If you haven’t even been served foreclosure papers yet you do have options.

You should definitely speak to an attorney who handles both foreclosure defense, and bankruptcy.
Q. Who provides the short sale approval document at closing?
A: Since you already have an attorney the proper person to address this would typically be your own attorney. Since no one on this forum has been privy to the details of this deal, we cannot give you better information than those who have been privy to it.

It is ultimately the seller’s responsibility to deliver title to the buyer, and ensure that there are no liens on the property. This would’ve been negotiated between you or your representative and the lender and then ultimately communicated to the title company who is responsible for ensuring unencumbered title to the property.

You mentioned “preapproval,” but I’m not totally sure what that means. You need to ensure that your lender has committed to releasing its lien upon payment of a specified amount, which in a short sale is less than the full amount.

I can’t say for sure in your case, but that word preapproval may simply mean that you are eligible to apply for a short sale… Not necessarily that the actual deal has been approved by the lender
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Contact & Map
Carl J. Nelson Law, P.C.
800 Westchester Avenue
Suite N-641
Rye Brook, NY 10573
US
Telephone: (877) 282-2882