The Law Office of Simmons & Purdy does real estate and tax law, especially all aspects of loans secured by real estate
(Mortgage lending and servicing).
The experienced attorneys at the Law Office of Simmons & Purdy focus on serving and protecting the rights of homeowners, individuals and small business owners in Real Estate Law, Foreclosure Relief, Short Sale, Mortgage Lending Law Violations, Predatory Lending, and Taxation and IRS Representation throughout California.
We invite you to contact us by email, at [email protected] or by telephone at (831) 464-6884 to set up a personal consultation. We will answer your inquiries promptly and confidentially. For more information, as well as links to valuable resources and news articles, please see our website: www.pamelaw.com.
ATTORNEYS:
Pamela Simmons is highly qualified in all phases of residential real estate. Her practice focuses on all matters relating to the home loan or mortgage.
In the mortgage lending law arena, Ms. Simmons has for years upheld the rights of borrowers who have been harmed by illegal lending and collection practices, sometimes known as predatory lending . These matters include violations of state and federal lending laws, foreclosure issues, loan modifications, short sales and loan servicing problems such as foreplaced insurance. She is one of a handful of attorneys who has represented clients in mortgage matters for well over 10 years. If you are facing foreclosure on your home because of oppressive mortgage terms, or have suffered unfair or illegal charges for insurance fees or late charges, or paid interest rates which were changed or undisclosed prior to closing, your mortgage lender or broker may have failed to follow the Truth in Lending Act or other state and federal statutes. Countless homeowners across the country have been victimized by these fraudulent practices. Pamela Simmons has had great success in obtaining foreclosure relief for clients in these circumstances.
William J. Purdy, III has been serving clients with IRS and Tax problems for over 20 years. A Stanford law school graduate, Mr. Purdy obtained his tax law training at New York University School of Law where he received a Masters in Taxation. He teaches several courses at Lincoln Law School in San Jose, California on Federal Income Tax issues and Advanced Tax Matters. Bill represents clients on a broad range of tax matters, including offers in compromise with the I.R.S. and F.T.B., penalty abatement, liability for unfilled tax returns, liens, levies, 100% penalties and tax deposit issues - Tax Collection Matters.
In the mortgage lending law arena, Mr. Purdy has upheld the rights of borrowers who have been harmed by illegal lending and collection practices, sometimes known as predatory lending . He is one of just a handful of attorneys in the state with experience to represent clients whose mortgage lender or broker has misrepresented the terms of their mortgage. If you are facing foreclosure on your home because of oppressive mortgage terms, or have suffered unfair or illegal charges for insurance fees or late charges, or paid interest rates which were changed or undisclosed prior to closing, your mortgage lender or broker may have failed to follow the Truth in Lending Act or other state and federal statutes. Countless homeowners across the country have been victimized by these fraudulent practices. Bill Purdy has had great success in obtaining foreclosure relief for clients in these circumstances.
Additionally, William Purdy is competent to give taxation advice in almost all areas covered by the federal and state tax regulations, including choice of business entity advice, corporate level taxation issues, marriage and divorce tax planning, like-kind exchanges, S Corporation tax issues and many other tax matters.
Our firm is justly proud of its successes on behalf of our clients - and they are frequent. We will use our extensive legal knowledge and our broad experience to vigorously pursue justice on your behalf.
The firm prides itself on its personal approach to the practice of law. We will keep you informed of the progress of your case and take pride in returning your telephone calls promptly. We will handle all matters related to your case and will provide thorough and careful representation. The attorneys at the Law Office of Simmons & Purdy strive to keep costs down and offer excellent legal services for reasonable fees.
DISCLAIMER
Soquel, California lawyer, Law Office Simmons & Purdy, proudly serves all of the state of California, including Santa Cruz, Monterey, Santa Clara, and San Benito Counties, as well as Santa Cruz, San Jose, Capitola, Watsonville, and Scotts Valley with Real Estate, Predatory Lending Liability, Mortgage Lending Law, Foreclosure Relief, Representation before the IRS and other Taxation needs.
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.
MORTGAGE LENDING LAWS AND FORECLOSURE RELIEF
The Law Office of Simmons & Purdy is one of a handful of law firms with years of experience in representing clients whose are experiencing problems with their mortgage lender, loan broker or loan servicing agent.
We can help you to determine whether you have been the victim of a predatory loan scheme and we can determine whether or not your lender has complied with all federal and state lending laws.
If you are having problems with your lender, broker or loan servicer, call us to discuss:
* Federal Truth in Lending Act Violations (TILA & HOEPA)
* RESPA Violations
* California Financial Code §4970
* Fair Debt Reporting Act
* Reverse Mortgage
* Elder Abuse
* Department of Real Estate Matters
* Loan Servicing Violations
* Forced Placed Insurance
* Loan Accounting Matters
* Predatory Loans
* Countless homeowners across the country have been victimized by these fraudulent practices.
If you are facing foreclosure on your home because of oppressive mortgage terms, insurance fees, interest rates which were changed or undisclosed prior to closing, your mortgage lender or broker may have failed to follow the Truth in Lending Act or other state and federal statutes.
Contact us to find out if your home can be saved with a loan modification, debt forgiveness under the new government program, or in other ways.
If your home can't be saved contact us to find out if you will have any debt owed after the foreclosure (deficiency or sold out juniors), any taxes owed for debt relief (1099 income) or possible taxable gain on the foreclosure. Let us clearly explain how the foreclosure process can work for you and what you can expect to happen.
If you have received a "Notice of Default" or your home is in foreclosure, let the experienced attorneys at the Law Office of Simmons & Purdy determine whether your foreclosure and credit problems qualify for statutory relief.
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SHORT SALE
The Law Office of Simmons & Purdy practice area has included assisting homeowners with mortgage related problems since 1996. William Purdy is a tax attorney and as such it is our practice to include taxation issues as a part of our consultations.
With regard to homeowners who are considering doing a short sale we cover all areas needed for the homeowner to make a fully informed decision including:
* Is the homeowner in jeopardy of a potential defienciency judgment?
* What protections exist for the homeowner, such as purchase money protections and protections that attach if the lender forecloses non-judicially?
* Is it likely that the homeowner might be liable for money due and payable to a "sold out junior"?
* What tax consequences might follow with a foreclosure or short sale?
* What are the current lender trends in short sales?
* What other potential solutions might be available to the homeowner (loan modification, refinance, deed-in-lieu, and bankruptcy)?
* This type of consultation generally takes 1 hour and our hourly rate is $450.00 per hour. Please feel free to call the office to arrange a consultation if this suits your needs. Since we practice statewide, we commonly arrange telephonic consultations if necessary.
If this does not suit your needs please feel free to call in and we can further discuss your situation.
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ONE TIME CONSULTATION
Our office is quite familiar with what homeowners are going through, as alas, it is a very common problem these days. We would be happy to meet with anyone wishing to consult about the various issues and solutions which might work for their individual situations.
During the consultation we would discuss each property owned with an eye to see if the property might be "savable" and if so how. We would look at your loan documents to determine if they had any viable legal rights for you to pursue. We would discuss loan modification and crunch the numbers to see if it would be likely that you could obtain one, and estimate if such a loan modification would be affordable to you. We do not do loan modifications but would refer you to a HUD approved non-profit agency who would assist you at no charge. Please DO NOT pay anyone in advance to modify your loan under ANY circumstances.
We would discuss the fair market value of your property. We would discuss your second mortgage - if you have one and the effect on that loan if you are "underwater". We would discuss the various options available regarding your second mortgage. We might also look at bankruptcy to see if that might help your situation. We are not bankruptcy attorneys but we can generally figure out if it might be a good idea for you to consult with one or not.
If we determine that it is possible that you might not be able to save your home, we would look at what the various options for you would be. Those options would include: short sale, deed in lieu, and foreclosure. We would discuss what would be the benefits and consequences for each option.
We would also look at loan deficiency issues, i.e., whether you have to worry about someone coming after you to collect any loan shortfall or balances due and if so, what you might be able to do about it. We would also review the potential tax consequences and help to determine your best way to avoid the tax.
Generally this type of consultation takes about one hour if you only own one house. The hourly rate is $450.00 per hour.
To answer all the questions we would need to ask you the following:
* When did you purchase the home and what was the purchase amount?
* How much did you put down and what were your original loan amount(s)?
* Did you ever refinance and if you did on your primary residence we would like you to bring your copies of those loan documents.
* What is your monthly take-home and how much are you paying for property taxes, homeowners insurance and homeowner association dues, if applicable.
* If you or someone you know would like to make an appointment please feel free to call our office at 831-464-6884. We do these appointments both in person and over the phone, whatever suits you best. The receptionist Nicole or our office manager Catherine can arrange an appointment.
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REAL ESTATE
The capable attorneys at the Law Office of Simmons & Purdy represent clients in all proceedings and transactions that deal with real property (land) and the structures attached to it including:
* Preparation of real estate purchasing and leasing documents
* Mortgages and Foreclosures
* Title Examinations
* Quiet Title Actions
* Closings
* Management
* Formation and Structuring of Real Estate Partnerships
* Easement and Adverse Possession Issues
* Real Property Tax Assessment Issues
Our attorneys appear before all administrative and judicial bodies dealing with land use and other related matters. Let the experienced attorneys at the Law Office of Simmons & Purdy assist you with sound advice on any aspect of your real estate transactions.
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IRS COLLECTION REPRESENTATION
The seasoned attorneys at the Law Office of Simmons & Purdy represent clients who owe for back taxes or tax penalties to the Internal Revenue Service (IRS), the California Franchise Tax Board (FTB), the California Employment Development Department (EDD) and the State Board of Equalization (SBE). We utilize a variety of measures on behalf of our clients including:
* Offers in Compromise
* Installment Agreements
* Relief from Liens and Levies
* Filing Delinquent Returns
* Analysis to Determine Tax Relief through Bankruptcy
* Penalty Abatement
* Appeal and Tax Court Representation
* Trust Fund Penalty Abatement
Our attorneys are well versed in all collection related matters including hearings and appeals before the IRS, EDD, SBE, and FTB. We can help with issues relating to liens, levies, Offers in Compromise, 100% Penalty and tax deposit issues.
The Law Office of Simmons & Purdy will provide sound and savvy answers for all of your tax questions.
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TAXATION
The experienced attorneys at the Law Office of Simmons & Purdy represent individuals and commercial clients in matters with tax implications, identifying and addressing state and federal tax issues, structuring transactions in such a way as to minimize taxes and avoid inherent tax problems.
Tax, Business and Licensing Analysis Regarding Choice of Business Entity
Minimizing Corporate Level Taxes
Employee vs. Independent Contractor Options
Marriage Planning Tax Options
Divorce Planning Tax Options
Like-Kind Exchanges
S Corporation Tax Planning
Business Valuations
Business, Individual and Estate Tax Return Preparation*
Trust Accounting*
*through in-office C.P.A.
The Law Office of Simmons & Purdy will provide sound and savvy answers for all of your tax questions.
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