Nevada’s Support Statute For Spouses & Minor Children
The Nevada Legislature has enacted a very powerful statute designed to provide support to surviving spouses and minor children when the gross estate is less than $100,000 (after deducting encumbrances) and avoid paying most, if not all creditors. NRS 146.070 provides that if a person dies with a spouse and no children, leaving a gross […]
House Democrats Ask Fannie Mae to Suspend Lawsuits Against Underwater Borrowers
In a letter addressed to Treasury Secretary Timothy Geithner, several house Democrats requested that Fannie Mae suspend its new policy to bring deficiency judgment lawsuits against underwater homeowners who “strategically default” on their mortgages. The House Democrats state they are concerned about Fannie Mae’s new policy because it is “unclear why Fannie Mae is proposing […]
Changes Ahead to FIRPTA
Before convening on its August break, the House of Representatives passed the Real Estate Jobs and Investment Act of 2010. The bill advances the real estate industry’s goal of increasing foreign investment in Real Estate Investment Trusts (REIT). The Bill doubles foreign investors’ allowable ownership interest in a REIT to 10%. Anything over that percent […]
What is the Meeting of Creditors?
Between thirty (30) and forty (40) days after filing your bankruptcy petition, the randomly assigned Chapter 7 Trustee will hold a meeting of creditors. During this meeting, the debtor is placed under oath and the Chapter 7 Trustee along with any creditors that attend may ask questions regarding your bankruptcy petition. You MUST attend this […]
Equitable Subordination in Nevada
Nevada is a first-in-time recording state, which means that the lien recorded on real property first has priority over subsequently recorded liens. Huntington v. Mila, Inc. 119 Nev 355, 357, 75 P.3d 354, 356 (2003). However, there are exceptions to this rule. In cases of equitable subordination, a lien recorded first in time can be […]
Income Tax Considerations Involved in a Short Sale or Foreclosure
If you borrow money from a commercial lender and the lender later cancels or forgives the debt, you may have to include the canceled amount as income for tax purposes. You should determine whether you will qualify for an exemption before your contemplated short sale or foreclosure closes. You may become obligated to the IRS instead […]