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post #1 of 27 Old Oct 10th, 2008, 7:13 pm Thread Starter
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Daughter needs lawyers advice

First, I apoligize for this posting but this is a situation that I do not know what she should do. If there are any lawyers here who may have some advice it would be really appreciated.
My daughter moved out at 18 into an apartment with her boyfriend. At 20 she bought a house with said boyfriend. At 21 she moved back home, she is now 22. Boyfriend still lives in house and had been paying the mortgage untilo 3-4 months ago. Now he has stopped paying and said he is going to let the bank foreclose. daughter does not want the house nor can afford it. The house is a mess with serious foundation problems, possibly mold, train runs right behind house, bad area, etc.. (flipped house). Anyway, certified letter waiting for her at Post Office from bank. It seems to me that bankruptcy is probably her only option. hate to see it happen but I am not able to bail her out of this one. Any lawyers got any advice .
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post #2 of 27 Old Oct 11th, 2008, 12:07 am
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Re: Daughter needs lawyers advice

Bankrupty might be an option. I have no idea what the real estate market in your area is like. If homes are selling, try contacting the lender and see if they are willing to do a short sale. While this will be in her credit history, it is not as severe as bankruptcy.

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post #3 of 27 Old Oct 11th, 2008, 12:22 am
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Re: Daughter needs lawyers advice

Quote:
Originally Posted by mpillis
First, I apoligize for this posting but this is a situation that I do not know what she should do. If there are any lawyers here who may have some advice it would be really appreciated.
My daughter moved out at 18 into an apartment with her boyfriend. At 20 she bought a house with said boyfriend. At 21 she moved back home, she is now 22. Boyfriend still lives in house and had been paying the mortgage untilo 3-4 months ago. Now he has stopped paying and said he is going to let the bank foreclose. daughter does not want the house nor can afford it. The house is a mess with serious foundation problems, possibly mold, train runs right behind house, bad area, etc.. (flipped house). Anyway, certified letter waiting for her at Post Office from bank. It seems to me that bankruptcy is probably her only option. hate to see it happen but I am not able to bail her out of this one. Any lawyers got any advice .
Thanks all
Contact one of the numerous worthless real estate attorneys advertising all over the radio to do a forensic examination of the loan to determine how illegal the loan is. Hire a property management company and have them rent the place out for you.

Hopefully, based on all the loan-law violations that the attorney will find for you, you will be able to renegotiate a new loan based on current value with a lower interest rate. With a little luck, you'll have some nice rental income for your retirement.

When daughter is a little older and a lot smarter, MAYBE she can discuss buying the house from you--again.

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post #4 of 27 Old Oct 11th, 2008, 3:40 am
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Re: Daughter needs lawyers advice

You might see if the bank will take a deed in lieu of foreclosure.
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post #5 of 27 Old Oct 11th, 2008, 7:22 am
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Re: Daughter needs lawyers advice

Quote:
Originally Posted by mpillis
First, I apoligize for this posting but this is a situation that I do not know what she should do. If there are any lawyers here who may have some advice it would be really appreciated.
My daughter moved out at 18 into an apartment with her boyfriend. At 20 she bought a house with said boyfriend. At 21 she moved back home, she is now 22. Boyfriend still lives in house and had been paying the mortgage untilo 3-4 months ago. Now he has stopped paying and said he is going to let the bank foreclose. daughter does not want the house nor can afford it. The house is a mess with serious foundation problems, possibly mold, train runs right behind house, bad area, etc.. (flipped house). Anyway, certified letter waiting for her at Post Office from bank. It seems to me that bankruptcy is probably her only option. hate to see it happen but I am not able to bail her out of this one. Any lawyers got any advice .
Thanks all
She BOUGHT the house, then a few months later moved out of it?
She bought the house with mold, bad area, train running right behind it, foundation problems "etc"?
And now she does not "want" it?
Wow. Just wow.
So here is yet another person who bought a home thinking they could just flip it, got caught with her pants down, and now thinks it's everyone's fault but her own!
This is exactly why the market is in turmoil and our money is being taken away from our families to pay for other people's imprudence!
The RIGHT thing to do, is make her own up to her responsibilities and handle the situation the RIGHT way. Pay the mortgage. (I'm not going to even ask about her and the boyfriend and why he's been paying the mortgage on her house - that's a whole other (although connected) issue). Fix up the house as well as possible and then either sell it or rent it out to continue to pay the mortgage and build equity.
THIS IS UNACCEPTABLE BEHAVIOR and every damn politician that has voted in support of those Socialist Welfare policies needs to be voted OUT!!!! "Not wanting" your house any longer does not suddenly give one the right to dump the mortgage onto the taxpayers, or absolve herself of the responsibility!

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post #6 of 27 Old Oct 11th, 2008, 7:34 am
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Re: Daughter needs lawyers advice

Quote:
Originally Posted by KMC1
(I'm not going to even ask about her and the boyfriend and why he's been paying the mortgage on her house - that's a whole other (although connected) issue).
They bought the house together according to the OP. It's their house, not hers.

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post #7 of 27 Old Oct 11th, 2008, 8:43 am
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Re: Daughter needs lawyers advice

"She bought the house with mold, bad area, train running right behind it,
THIS IS UNACCEPTABLE BEHAVIOR and every damn politician that has voted in support of those Socialist Welfare policies needs to be voted OUT!!!! "Not wanting" your house any longer does not suddenly give one the right to dump the mortgage onto the taxpayers, or absolve herself of the responsibility!"


Although your comments are true, there is another side to all of this. If I were the mortgage company I would consider the risk I am taking by underwriting this particular mortgage. My point is the blame is there for both parties, the bank wrote the mortgage in the hopes of making a profit. The bank took a risk, they lost.

Im not trying to blame the bank solely, the homeowners have their responsibilities as well.

I agree that this should not become a taxpayer issue, but I plan on casting my vote to try and fire those that created the problem, maybe it will help, maybe it wont.

The OP is seeking our help, scolding him for his daughters actions is not only couterproductive, but uncalled for.

Maybe the pride of your home state, Rep Barney Frank (D) Conn, can offer up a solution. I think maybe you should be lecturing him and leave our member alone

Tom
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post #8 of 27 Old Oct 11th, 2008, 9:31 am
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Re: Daughter needs lawyers advice

She should contact the mortgage company. Since the bailout has been announced, many mortgage lenders are setting up programs to help.

The part that frustrates me is that my friend who flips houses was contacted by Countrywide, to re-fi one of his houses. Since the appraised value has dropped so much, the new bailout program would allow him to re-fi at the new value and the program would eat his loss. That pisses me off.


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post #9 of 27 Old Oct 11th, 2008, 12:47 pm
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Re: Daughter needs lawyers advice

Quote:
Originally Posted by eljeffe
The part that frustrates me is that my friend who flips houses was contacted by Countrywide, to re-fi one of his houses. Since the appraised value has dropped so much, the new bailout program would allow him to re-fi at the new value and the program would eat his loss. That pisses me off.
My college roomate's nephew in Massachusetts received an unsolicited letter from Countrywide offering to extend his 5/1 ARM for another 5 years. (The loan was about to adjust upwards and loan is upside down). They are lowering his interest rate so that payments will be $150 less per month. They are not reducing the loan amount. Appears they are trying to avoid as many foreclosures and walk-aways as possible.

A friend of a friend described a similar situation from Countrywide as you mentioned, although it is for his primary residence.

Home prices and values are obviously coming down. Unfortunately, those who purchased over the last 5 - 6 years with little or nothing down, or those who have pulled out the equity will benefit the most. As more and more people accept these offers, the lower home values will be locked-in, further reducing home values for those who are not in this situation. This will create a situation where people who purchased "responsibly" will not be able to sell their home unless they take a loss.

Ultimately, I think the banks and/or government will have to offer some sort of renegotiated loan or write-down to virtually everyone who has purchased a home over the last 10 years, or perhaps even to everyone who wants one.

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post #10 of 27 Old Oct 11th, 2008, 2:30 pm
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Re: Daughter needs lawyers advice

Quote:
Originally Posted by mpillis
The house is a mess with serious foundation problems, possibly mold,
Don't they have house inspectors to look at properties before a mortgage is issued? I know when my sister-in-law was looking at buying the inspector found a bunch of htings that had to be fixed before they would give a mortgage. We're talking little things too...cracked and heaved sidewalk, outside doors that had mold growing on them, basement that was "damp", etc.
I would think that cracked foundation and mold infestation would have been an immediate rejection for a mortgage..or were things that lax during the housing "get-rich-quick" times?
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post #11 of 27 Old Oct 11th, 2008, 8:23 pm
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Re: Daughter needs lawyers advice

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Although your comments are true, there is another side to all of this. If I were the mortgage company I would consider the risk I am taking by underwriting this particular mortgage. My point is the blame is there for both parties, the bank wrote the mortgage in the hopes of making a profit. The bank took a risk, they lost.
Yeah. Those damn banks trying to make money - what the hell are they thinking giving a mortgage to someone who signs a contract to pay them back plus interest? I mean really, the NERVE of those bastards.


Quote:
The OP is seeking our help, scolding him for his daughters actions is not only couterproductive, but uncalled for.

Maybe the pride of your home state, Rep Barney Frank (D) Conn, can offer up a solution. I think maybe you should be lecturing him and leave our member alone

Tom
First of all, scolding is EXACTLY what is called for in this instance, and is the primary reason we're all in this stupid mess in the first place. NOT holding people accountable is why our society is crumbling, financially and morally. Secondly, I'm not sure how trying to tie me into a Democrat who happens to be from my state, bolsters your apparent opinion that you hold some ficticious moral high ground. This situation is not about ME, it's about an irresponsible home owner trying to dump and run after getting caught upside down - at our expense. The OP is one of OUR members, and openly asked for advice - which I gave. If the bitter pill is too hard to swallow, it's because I'm saying what we're all thinking.

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post #12 of 27 Old Oct 11th, 2008, 8:24 pm
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Re: Daughter needs lawyers advice

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Originally Posted by hoog62
They bought the house together according to the OP. It's their house, not hers.

RIF
So is paying your contractual obligations - or so I used to think

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post #13 of 27 Old Oct 11th, 2008, 10:08 pm
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Re: Daughter needs lawyers advice

Yer not saying what I'm thinking.

I'm thinking that brains don't fully mature until around 26--18 and even 21 is too young to sign long tern contracts. Same for voting and legal drinking age.

Hard lesson to learn at 22, but much better at 22 than 28.

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post #14 of 27 Old Oct 12th, 2008, 2:20 am
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Re: Daughter needs lawyers advice

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I'm thinking that brains don't fully mature until around 26--18 and even 21 is too young to sign long tern contracts.
I would definately have to disagree with that comment

But for the majority of the people I think you're correct.

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post #15 of 27 Old Oct 12th, 2008, 6:37 am Thread Starter
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Re: Daughter needs lawyers advice

I agree with your opinions about standing up to your resonsibilities. believe me I told her nt to do it when she did it. I have told her that she has made her bed and she must lay in it. I am not going to make excusesfor the poor decisions she has made. At the same time as a parent I hate to see my daughter in this situation. I was merely asking for some legal advice on what her options may be because I have never been in this situation. What are the procedures she need to go thru.

Thanks all

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post #16 of 27 Old Oct 12th, 2008, 6:42 am Thread Starter
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Re: Daughter needs lawyers advice

Just toset record straight. It WAS a flipped house, she was not wanting to flip it. She was engaged to this guy and thought she was going to spend her life with him. And there was a house inspection done but the boyfriend went thru with inspector. I am not sure why the problems weren't disclosed.

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post #17 of 27 Old Oct 12th, 2008, 7:32 am
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Re: Daughter needs lawyers advice

Quote:
Originally Posted by mpillis
Just toset record straight. It WAS a flipped house, she was not wanting to flip it. She was engaged to this guy and thought she was going to spend her life with him. And there was a house inspection done but the boyfriend went thru with inspector. I am not sure why the problems weren't disclosed.
Real world scenarios are always a little more complicated than that ideological high ground that gets thrown around here. Aren't they?

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post #18 of 27 Old Oct 12th, 2008, 7:50 am
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Re: Daughter needs lawyers advice

Quote:
Originally Posted by mpillis
I agree with your opinions about standing up to your resonsibilities. believe me I told her nt to do it when she did it. I have told her that she has made her bed and she must lay in it. I am not going to make excusesfor the poor decisions she has made. At the same time as a parent I hate to see my daughter in this situation. I was merely asking for some legal advice on what her options may be because I have never been in this situation. What are the procedures she need to go thru.

Thanks all
I personally really respect your positions here!
What she needs to do is spend elbow grease on fixing the house up to make it more marketable and more valuable, rent it for 10 years or so to pay down the portion that is upside down, or sell it outright and pay off the difference. It's a difficult situation to be in, for sure.

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post #19 of 27 Old Oct 13th, 2008, 8:57 am
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Re: Daughter needs lawyers advice

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Originally Posted by eljeffe
She should contact the mortgage company. Since the bailout has been announced, many mortgage lenders are setting up programs to help.

The part that frustrates me is that my friend who flips houses was contacted by Countrywide, to re-fi one of his houses. Since the appraised value has dropped so much, the new bailout program would allow him to re-fi at the new value and the program would eat his loss. That pisses me off.
There should be no assistance of any kind to bail out non-owner occupied properties. The speculators and those that assisted the speculators got us into this mess and they should eat those loans - not the US taxpayer.

Before Wall Street got involved, investment property loans required thirty precent or more down - period. Good credit and a valid lease were also required along with a strict DTI calculation giving 75% credit for the rental income and 100% penalty for the mortgage payment on the property.

These housing 'flip' TV shows never helped the situation and are not helping now.

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post #20 of 27 Old Oct 13th, 2008, 1:55 pm
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Re: Daughter needs lawyers advice

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...it's because I'm saying what we're all thinking.
No, Kevin, you're not. Not now. Not before. Not ever.

She (and he) made some bad decisions, and she'll pay for them. But if it was your child, you'd do whatever you could to minimize that impact. Same as any of us.

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post #21 of 27 Old Oct 13th, 2008, 6:36 pm
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Re: Daughter needs lawyers advice

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No, Kevin, you're not. Not now. Not before. Not ever.

She (and he) made some bad decisions, and she'll pay for them. But if it was your child, you'd do whatever you could to minimize that impact. Same as any of us.
Ken ( ), in order for me to say what you're thinking, you'd have to be doing something intrinsic to the statement. Secondly Ken, there you go again, being a child expert without actually having children. Have fun making personal attacks and trolling though - I always look forward to how much you contribute to the forum..........

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post #22 of 27 Old Oct 13th, 2008, 7:25 pm
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Re: Daughter needs lawyers advice

Actually, I bought my first house low, sold it when the market was stupidly high and put that $$ into a nicer house in a better neighborhood (which I bought well under market and when the rates were still down). Then I've simply been paying my mortgage and taking care of my house, all without government assistance or fraudulent bailouts. So, is that intrinsic enough for you?

And what is this "children" thing you keep mentioning? I don't think I've ever seen one, let alone know how they might think or act.

Yeah, that's it, you're right, again, and we're all incompetent fools. OK, whatever.

And besides warning us of the imminent evils of Socialism over and over and over again, what have you contributed here?

At least I never had to change my user name to get back online since I'd pissed off so many people . . .

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post #23 of 27 Old Oct 14th, 2008, 7:22 am
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Re: Daughter needs lawyers advice

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So, is that intrinsic enough for you?
No. But you have proven you didn't understand the meaning well enough to respond to it properly.
Quote:
Originally Posted by meese
Yeah, that's it, you're right, again, and we're all incompetent fools. OK, whatever.
I love how you always try to wrap others into your little fantasy land. I didn't call everyone fools. Or imply it. That's something you've made up to make yourself feel like a hero. Try to stay focused Ken - I know it's hard for a troll to do, but try.
Quote:
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And besides warning us of the imminent evils of Socialism over and over and over again, what have you contributed here?
You'll have to look around the site a little Ken, I keep my politics in Chit Chat and my motorcycling throughout the rest of the site. And I don't just focus on Socialism - that's your baby. And is a perfectly legitimate topic for us to be concerned about.
Quote:
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At least I never had to change my user name to get back online since I'd pissed off so many people . . .
What the hell are you babbling about? Again. You may want to get your facts straight before you launch off on some random personal attack once again. You seriously have emotional issues bud. No two ways about it. You're nothing but a bad apple. Aside from the fact that you are constantly making personal insults and conducting personal attacks, you are very rarely, if ever, factual.

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post #24 of 27 Old Oct 14th, 2008, 9:17 pm
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Re: Daughter needs lawyers advice

Quote:
Originally Posted by meese
....She (and he) made some bad decisions, and she'll pay for them. But if it was your child, you'd do whatever you could to minimize that impact. Same as any of us.
WRONG! The failure of parents to employee some "tough love" with their children has helped produce the country we have now.
Quote:
Originally Posted by meese
....And besides warning us of the imminent evils of Socialism over and over and over again, what have you contributed here?....
Well then, what else does he need to contribute?! He's obviously done WAY MORE than his share!
Quote:
Originally Posted by KMC1
....You seriously have emotional issues bud. No two ways about it. You're nothing but a bad apple....
Now, now, guys....Let's keep a shit-eating grin on our faces and not make it personal.

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post #25 of 27 Old Oct 15th, 2008, 4:12 am Thread Starter
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Re: Daughter needs lawyers advice

This has gotten ugly without any legal advice to guide my daughter into what her options are. Moderators please remove this thread!

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post #26 of 27 Old Oct 15th, 2008, 11:31 am
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Re: Daughter needs lawyers advice

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Originally Posted by mpillis
This has gotten ugly without any legal advice to guide my daughter into what her options are. Moderators please remove this thread!
Well, you did get some advice. Firstly, you can give her suggestions but please, DON'T do it for her, make her do for herself.
The "best" suggestion I saw was to talk to the mortgage holder and explain about the problems with the house and that those problems wern't "found" by the housing inspector.
Then see about getting it liveable and renting it out. You can give her suggestions, tell her where to look for help and all but if you do it for her she won't come away having learned anything and will likely make the same mistake again. She has got to learn to stand on her own 2 feet, and the sooner the better.
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post #27 of 27 Old Oct 15th, 2008, 5:04 pm
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Re: Daughter needs lawyers advice

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This has gotten ugly without any legal advice to guide my daughter into what her options are. Moderators please remove this thread!
I agree that the thread turned ugly, but please understand that anyone qualified to GIVE legal advice probably would not hand it out on an internet message board. It's not (just) because the request is for free advice, either. Our society has become so litigious that even the LAWYERS get sued! What a shocking travesty.

The only free legal advice I give is "consult a qualified attorney licensed in your state". I am not kidding when I say that is good advice.

Should you attempt to follow the recommendation that you contact the lender, you may find that they will not talk to you because of confidentiality concerns. Sometimes it helps to have the borrower write a letter giving the lender permission to talk to you about the loan.
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