REAL ESTATE
ANAND LAW represents consumer and corporate clients in a variety of real estate matters, including:
MORTGAGE LITIGATION
In the past decade, lenders and banks have engaged in an unprecedented level of misconduct. We have witnessed the biggest real estate market crash since the 1800s and much of it was due to a blatant disregard of the law by mortagage lenders, banks and servicers. Were you a victim of the illegal practices of the lending industry?
Our attorneys will also evaluate your situation to determine:
- If your lender violated laws when issuing your loan (for example, under the Truth in Lending Act and Real Estate Settlement Procedures Act);
- If violations occurred after your loan was issued (for example, improper transfers of your loan into a trust and other MERS-related violations); or
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If your servicer and/or lender has violated California’s Homeowner’s Bill of Rights or other emergency laws enacted to curb the foreclosure crisis (for example, failure to issue a proper notice of default or failure to evaluate for a modification in good faith).
Call (323) 325-3389 or contact us here for a free consultation.
If you are facing a foreclosure sale, the attorneys at Anand Law, PC can evaluate your situation determine the best solution for you. Oftentimes, we are successfull in preventing foreclosure sales altogether. Where homeowners can’t afford to remain in their property, but the lender has still committed wrongdoings, we are often able to secure monetary settlements.
We can also evaluate your situation to determine if a Chapter 7, Chapter 13, or Chapter 11 bankruptcy is in your best interest.
At Anand Law, PC, you will be able to speak directly with an attorney. We offer appointments Monday through Friday, 7 AM to 7 PM and on weekends. We also offer free thirty minute consultations over the phone.
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Contact us today for a free consultation! 323-325-3389
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- Formation
- Management
- Litigation: Delinquent Assessments, Lien Filing, Judicial and Non-judicial foreclosure
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- Los Angeles Housing Department (LAHD) compliance
- Relocation requirements
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Facing foreclosure?
Since the recent foreclosure crisis, ANAND LAW has represented numerous clients facing foreclosure. We have been successful in preventing foreclosure by taking a tailor-made approach to each client. We use a combination of litigation, negotiation and, if necessary, federally-guaranteed bankruptcy protection. Often times, a multi-tiered approach is the only way to fight the aggressive banks. The banks look at foreclosure very simply: it is about the bottom line. If it will deepen their pockets, they will foreclose on you. However, you have rights under the law to protect your home or commercial property. ANAND LAW offers the professional experience of a large firm with an individualized approach that only a boutique firm can offer.
If you are facing foreclosure, you do not have to do it alone. The attorneys at ANAND LAW can analyze your financial situation and advise you as to your options to avoid foreclosure. If retaining your home is absolutely infeasible or other options are more attractive, ANAND LAW can deal with your lender(s), save your credit score and help you move out peacefully. Options for preventing foreclosure include:
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- Litigation Against Lender
- Short sale
- Deed in Lieu of Foreclosure
- Bankruptcy Protection (Chapters 7, 11 or 13)
BANKRUPTCY & REORGANIZATION
ANAND LAW is a “debt relief agency” as that term is defined under section 101 of the United States Bankruptcy Code (title 11 of the United States Code). We help individuals and small businesses file for bankruptcy protection and reorganize under Chapters 7, 11, and 13 of the Bankruptcy Code.
Click below for more information on a particular bankruptcy chapter or topic, or contact our offices for a free consultation!
CHAPTER 7 (LIQUIDATION)
Bankruptcy is a fundamental right that is guaranteed under the Constitution.
If you are caught in an endless cycle of debt, it is not your fault. Exorbitant interest rates on credit cards, medical bills and job loss are a few of the many reasons that cause financial hardship and can happen to anyone. A few unfortunate events can lead to a cycle of debt which quickly becomes impossible to overcome. But, you do not have to continue to drown in debt. The law offers a solution by providing a way for you to eliminate some or all of your debt. Designed to provide honest but unfortunate debtors a “fresh start”, bankruptcy protection is a powerful tool which can allow you to clear insurmountable debt and begin rebuilding your credit.
The Chapter 7 Liquidation Process
Chapter 7 is the most common type of bankruptcy filing for individual debtors and is titled “Liquidation”. Liquidation means that property will be sold in order to pay back creditors. However, property will not be sold if:
- It has no value and cannot readily (easily) be sold on the open market;
- It is exempt (this is typically determined by state law although federal law is also applicable), or
- It is fully or over-mortgaged
If property does not fall into one of the above three categories, it will be sold by the U.S. Trustee. Typically, chapter 7 cases are “no asset” cases, meaning the debtor(s) has/have no property which will be sold.
There are various reasons property is not sold. Real property (e.g. your home) is often fully or over mortgaged. The trustee will not sell this property because there will be no money from the sale with which to pay off creditors. Where there is equity, the property can often be claimed as exempt. State law provides for various exemptions which allows for people to keep property if they were sued in State court. In California, there are two sets of exemptions (State and Federal) and it is important to find a law firm which can help you best choose the best set for your situation.
Personal property is typically not sold because it has little or no value. Household goods, pets, pictures, and costume jewelry are all items which are highly unlikely to be sold.
Most Debts Eliminated Completely
A Chapter 7 bankruptcy allows debtors to eliminate (“discharge”) most debts. This means that you will no longer be obligated to pay, and creditors will no longer have the rights to enforce, these debts. There are three notable exceptions to debts which are discharged in a Chapter 7 bankruptcy:
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Non-dischargeable debts. These are debts that Congress had determined cannot be affected by bankruptcy filings. You will be obligated to pay, and creditors will retain rights to enforce, these debts after the bankruptcy. Here is a partial list of the most common non-dischargeable debts:
- Most, but not all taxes
- Child, spousal and family support debts
- Non-support debts which are related to a divorce or separation
- Most, but not all student loans
- Damages caused by driving, flying or boating under the influence
- Debts related to false statements (such as loan applications) or fraud
- Damages caused by intentional injuries
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Debts which are reaffirmed. Bankruptcy allows for certain debts (e.g. car loans or loans from family members) to be “reaffirmed”. Reaffirmation is a process whereby you can agree to continue being responsible for a debt which would be otherwise discharged by the bankruptcy. Choosing to reaffirm a debt is complete voluntary, although payments will likely need to be made in order to retain property post-bankruptcy even if the debt is not reaffirmed (e.g., if you have a car loan and do not reaffirm the debt, you would likely need to make payments post-bankruptcy or the lender will seize the car).
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Secured debts. These are debts which are secured to property such as your home or car. While the debt is technically eliminated through bankruptcy, payments to the lender will be required in order to retain the property post-bankruptcy.
Compliance with the bankruptcy court’s requests for information and financial records is essential to one’s ability to discharge debts. If the court finds a debtor to be non-cooperative, discharge may be denied.
Filing Provides Breathing Room from Incessant Creditor Collections
Filing for bankruptcy will immediately stop all collections, wage garnishments and lawsuits. Upon filing, an automatic court order is entered which places into effect the “automatic stay”. The automatic stay prevents creditors from collecting on a debt in any manner—that is, they may not call, write, e-mail or in any other way contact you or any other person to collect on any debt.
The Means Test
In 2005, the credit industry convinced Congress that too many people who could pay their debts were filing for bankruptcy instead of doing so. The result was the requirement that debtors pass the “Means Test”. If your household earns less than the average household of your size in your area, then the Means Test does not apply. If your household earns more than this average, the Means Test must be performed. The Test essentially compares your household’s income and expenditures with standards set by the IRS. If the Means Test is not passed, a presumption arises that you can pay back your debts. However, the inquiry does not end there and special circumstances can convince a judge that you qualify for bankruptcy despite the presumption.
CHAPTER 13 (ADJUSTMENT OF DEBTS OF INDIVIDUAL WITH REGULAR INCOME a/k/a THE REPAYMENT PLAN)
Bankruptcy is a fundamental right that is guaranteed under the Constitution.
If you are caught in an endless cycle of debt, it is not your fault. Exorbitant interest rates on credit cards, medical bills and job loss are a few of the many reasons that cause financial hardship and can happen to anyone. Unfortunately, a few unfortunate events can lead to a cycle of debt which quickly becomes impossible to overcome. But, you do not have to continue to drown in debt. The law offers a solution by providing a way for you eliminate some or all of your debt. Designed to provide honest but unfortunate debtors a “fresh start”, bankruptcy protection is a powerful tool which allows you to begin with a clean slate and relieve pressure from collections, wage garnishments and lawsuits while you reorganize your future.
The Chapter 13 Repayment Plan
Filing for Chapter 13 bankruptcy will allow you to retain your home while paying off a percentage of your unsecured debts. You will be required to make monthly “plan” payments to the U.S. Trustee. The U.S. Trustee then pays your creditors. The plan payments will need to be made for three to five years, after which time you owe nothing to unsecured creditors. ANAND LAW can devise an economically feasible plan which will allow you to retain your home and pay off unsecured debtors at a minimal percent.
Foreclosures and Chapter 13 Bankrutpcy
If you are facing foreclosure, filing for Chapter 13 bankruptcy may allow you to save your home. ANAND LAW can navigate the bankruptcy and real estate laws in order to allow you to halt foreclosure and make reasonable payments to continue living in your home. Contact us today for a free consultation!
CHAPTER 11 (REORGANIZATION)
Through Chapter 11 of the United States Bankruptcy Code, ANAND LAW is able to assist individuals and businesses to retain real properties, prevent foreclosure and restructure debt. Some examples of what can be accomplised through a Chapter 11 Reorganization are:
- Stop foreclosure sales and retain real property;
- Re-structure mortgage debt so that outstanding balances are equal to the market value of real properties;
- Re-structure mortgage debts by lowering interest rates;
- Remove unsecured real property mortgage liens;
- Remove certain tax liens;
- Eliminate unsecured debt.
If you are facing foreclosure, a Chapter 11 bankruptcy may be the best, and possibly only, way to save your property. If you own multiple properties which are over-encumbered, a Chapter 11 bankruptcy may allow you to reduce the balances owed on each loan to the current market value of the property.
LITIGATION
ANAND LAW litigates general business, entertainment, real estate, and injury cases, including business and contract disputes, trademark and copyright infringement, unfair competition and sexual assault matters. We litigate in state and federal courts, including bankruptcy court.
Prior cases which represent our ability to win include:
- Right to Attach Order received against buyer of wholesale textiles who had failed to pay in excess of a million dollars;
- Successful representation of California-based shipper whose products were illegally seized by a Chinese-based transshipper. Brandon J. Anand, Esq. of ANAND LAW was able to secure the release of all property, which was valued at over a million dollars;
- High six-figure settlement received for foreign religious institution;
- Multiple restraining orders obtained preventing mortgage lenders from conducting foreclosure sale;
- Judgment received against sub-contractor in excess of half a million dollars;
- Settlement achieved in personal business dispute which involved business dealings spanning two decades with no formal paperwork;
- Settlement achieved in favor of our client, a commercial tenant who was being evicted by the purchaser of the commercial building;
- Settlement achieved in favor of our clients, residential tenants who were being evicted by the purchasers of the property, who had purchased at a foreclosure action.
*Prior results do no guarantee any future outcomes. Case results depend on particular facts of each individual case.
ENTERTAINMENT
ANAND LAW assists entertainment clients in both transactional matters and litigation. We represent record labels, publishers, galleries, content-creators, artists, writers, bands, DJs, producers and managers. We ensure that you reap the full benefits of your creativity and offer a wide array of services to assist in these efforts including:
Trademark registration is essential to protect a brand name, logo, trade dress or trade packaging. If your brand has developed goodwill, ANAND LAW can evaluate that mark for registration on either the Principal or Supplemental Register of the United States Patent and Trademark Office (USPTO), file to register that mark with the USPTO, and defend against any opposition which may arise.
As litigators, we can also proceed with actions in the Trademark Trial and Appeal Board should the USPTO deny your registration.
If you have a concept for a restaurant, band, or other product, we can evaluate your proposed brand names, trade dress and logos for probable success in registration and evaluate you as how to proceed prior to significant investment is put in.
If you have developed a distinctive design for a franchise, trademark registration is essential to expansion as there may be little to prevent others from simply copying your great idea without it.
LICENSING
The licensing of intellectual property is a business endeavor which must be done with great care and skill. ANAND LAW negotiates and drafts licensing agreements with creativity and precision. We take into account both the legal boundaries of a particular licensing arrangement as well as the business objectives of the client.
DOMAIN NAMES
ANAND LAW can assist you in defending against cyber-infringers in both local and global venues. We assist clients in pursuing “cybersquatters” (who have registered your domain name) and so called “typosquatters” (who have registered confusingly similar names) through out-of-court means as well as litigation under the federal Lanham and Anti-Cybersquatting Consumer Protection Acts and California’s unfair competition statutes.
INTERNATIONAL TRADEMARKS
ANAND LAW can also assist you in registering trademarks in the European Union, governed by OHIM.
CUSTOMS AND BORDER PROTECTION
The Department of Homeland Security, through the U.S. Customs & Border Protection (CBP) bureau, maintains a trademark recordation system for marks registered on the USPTO. If your business deals with consumer goods, you face the risk of infringing products diluting or even destroying your market completely. ANAND LAW can aid you in registering your marks on both the USPTO’s principal register as well as with the CBP, allowing the CPB to prevent the importation of infringing merchandise.
PERSONAL INJURY
If you or a loved one has been injured, disabled or died as a result of a traffic collision, slip-and-fall accident, dog bite, battery, or work-related accident, ANAND LAW can take the uncertainty and confusion out of obtaining the proper settlement monies you and your family deserve. We provide compassionate yet aggressive representation to ensure that justice is served.
The insurance companies and corporate defendants know that injured parties are often unrepresented and uninformed as to their rights. Do not let your rights get trasmpled on. ANAND LAW will vigorously seek the rightful compensation you dserve, whether through litigation or other means. We provide representation, in and out of court, for a variety of personal injury matters, including:
- Assault/Sexual Assault
- Car Accidents
- Motorcycle Accidents
- Slip and Fall / Premises Accident
- Wrongful Death
- Dog Bite / Animal Injury
- Work-related Accidents / Injuries
- Habitability