What amount can you settle my debt for?

On May 16, 2011, in Debt settlement, by Robbie L. Vaughn, Esq.

Clients often ask: “What amount can you settle my debt for?”

Our answer is almost always: “It depends on several factors.”

These factors include:

  • the creditor
  • the type of debt
  • the age of the debt
  • how many times the debt has been transferred
  • the hardship claimed
  • how the settlement will be paid out

Secured debts (i.e. mortgages, car loans) are much harder to settle than unsecured debts (i.e. credit cards, medical bills). Some debts can be settled for as little as 10%. However, there are creditors that insist on having a much higher percentage of the debt paid back. The creditor starts high, we start low. We never know exactly where the negotiations will end. Creditors have their target settlement amount, and we have ours.

So, no one can guarantee you that they will settle your debts for a sum certain. Be wary of any company that guarantees they will save you a bunch of money. We have numerous clients who have paid at least double our fee to a debt settlement company before coming to us. Many of these companies failed to deliver any results at all, or produced dismal results at best. What’s even more shocking is that none of the individuals understood the agreements they signed. They had no idea where their money was going!

If you choose to hire someone to settle your debts, please choose wisely!

Vaughn & Weber, PLLC  proudly negotiates and settles debts for residents of Long Island, Nassau county, Suffolk county, New York City, Queens, Brooklyn, Bronx, Staten Island, and Manhattan.

Call (516) 858-2620 to arrange a FREE  consultation with a Debt Settlement attorney!

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Foreclosure Settlement Conference

On August 28, 2010, in Foreclosure, by Robbie L. Vaughn, Esq.

Foreclosure Settlement Conference

Purpose of the Foreclosure Settlement Conference

According to New York law (RPAPL 3408), the purpose of the foreclosure settlement conference includes, but is not limited to, “…determining whether the parties can reach a mutually agreeable resolution to help the defendant avoid losing his or her home, and evaluating the potential for a resolution in which payment schedules or amounts may be modified or other workout options may be agreed to, and for whatever other purposes the court deems appropriate.”

At the foreclosure settlement conference:

  • Both the plaintiff and defendant are required to negotiate in good faith to reach a mutually agreeable resolution, including a loan modification, if possible.
  • The defendant will be required to provide the lender or it’s servicer with financial documentation.
  • The plaintiff will be required to review the documentation to determine if the parties can reach a resolution to avoid foreclosure.
  • On each conference date, there will likely be several dates, each party must report the status of negotiations to the Judge and explain any issues that have arisen.
  • If a settlement agreement or loan modification is achieved, the plaintiff must file a notice of discontinuance and vacatur of the lis pendens within one hundred fifty (150) days after the agreement is fully executed.

IMPORTANT: The scheduling of a foreclosure settlement conference does not relieve you of your obligation to respond to the plaintiff’s summons and complaint in a timely manner (see our earlier post “Foreclosure Summons and Complaint“).

The Law Firm of Vaughn, Weber & Prakope, PLLC routinely represents homeowners facing foreclosure at settlement conferences.  Typically, we obtain and/or attend foreclosure settlement conferences as part of our defense to the foreclosure action brought against our client.  However, we will represent homeowners at just the foreclosure settlement conference.

As always, the Law Firm of Vaughn, Weber & Prakope, PLLC is here to assist you.  Contact us at (516) 858-2620 to arrange a consultation with a foreclosure defense lawyer.

Please visit our Foreclosure category to learn more about foreclosure issues.

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The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation. This website is Attorney Advertising. It does not form an attorney-client relationship. We are a debt relief agency and a law firm that helps people file for bankruptcy relief under the U.S. Bankruptcy Code – Title 11. Prior results do not guarantee a similar outcome. Proudly assisting residents of Long Island, Nassau county, Suffolk county, New York City, Queens, Brooklyn, Bronx, Staten Island, Manhattan