1. Montenegro: This spectacular European country on the Adriatic Sea that many have almost forgotten has topped the list of best international real estate markets. The aquamarine sea, enthralling mountain backdrop, captivating summer villas and quaint fishing villages are just a few features of this jaw-droppingly beautiful country. An ideal tourist spot, this country has been adjudged the 'fastest growing travel and tourism economy' by the World Travel and Tourism Council.

2. Cartagena, Colombia: This is an ancient walled city embellished by magnificent Spanish colonial architecture and flanked by white-sand beaches. The city offers a warm weather, affordable lifestyle, and world-class diving and snorkeling for tourists and locals alike.

3. Malaysia: Southeast Asia's top retirement haven, country is a very affordable destination. Malaysia offers a western lifestyle and a host of attractions including modern infrastructure, cheap accommodation and innumerable cultural charms. Its beautiful white beaches and clear blue waters offer sailing, diving, snorkeling, etc.

4. Calabria, Italy: A sunniest corner of Europe, Calabria is a beautiful peninsula that is enveloped by clear silver-blue sea on three sides. Life happens in a very leisurely manner in this place that possesses all the charms of a medieval village. A promising real estate market, the region is well connected by the low-cost Euro-carrier RyanAir.

5. Ciudad Vieja, Uruguay: This is another of the world's inexpensive cities that remains undiscovered yet. The city has seen a booming real estate market since 1995 and the upward trend is sure to continue through 2007 too. Also ranked as one of the top 10 cheapest cities in the world last year, Ciudad Vieja remains one of the best places to invest this year.

6. Honduras Cloud Forest: With acres of mountain forests of breathtaking beauty, this mountain paradise is just minutes from a charming beachside town and an international airport. One can access this town by air in less than 2 hours from many places in the U.S. With the area poised for a real estate boom in a few years down the line, now is the time to buy.

7. Mexico's Flamingo Coast: An enticing stretch of coastline with dozens of quaint little beach towns, side-by-side, the Flamingo Coast offers great beachside living and a laid back lifestyle. Its warm weather, white sandy beaches, emerald-green waters and cheap rentals are some of the attractions the region offers.

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Is there money to be made in Real Estate Investing in this market?
I have a few rental properties that I purchased a few years ago, but I'd like to take a step up in investing. I have my Real Estates License, and have been a Loan Officer for close to five years now. With the market as bad as it is, I'd like to use this time to pursue other ventures. My goal is to become a full time Real Estate Investor. Does anyone have any suggestions on the best place to start? Any help is greatly appreciated!

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Second home sales have been increasing over the last few years with more people becoming second home owners. In 2005 alone, 40 percent of the homes sold were second homes. Demographics, all time low mortgage rates, and healthy rise in home prices have contributed to this development in the second home market. Besides these, a major factor that has helped augment the buying and selling of second homes is the real estate professional.

The National Association of Realtors conducted research on the profile of second-home owners in 2006. According to the NAR report entitled '2006 Profile of Second-Home Owners', a majority of second home sales transactions are conducted using the services of real estate agents.

The statistics are remarkable; 64 % of vacation home buyers purchased their home using the services of a real estate agent by the end of 2005 - a marked increase from less than 50 % of vacation-home buyers in 2003. Also, 65 % of investment-home buyers purchased their home with the help of a real estate agent - an increase from 53 % of pre-2003. In comparison, only 14 % of vacation-home buyers and 7 % of investment-home buyers purchased directly from builders from 2003 to 2005.

The growing role of the real estate professional is evident from the following figures:

1. Of vacation home sales made, 71 % of them were second homes and 74 % of the sales were made using the services of a real estate agent.

2. Of the investment properties sold, 85 % of them were previously owned and 62 % of the sales were made using the services of a real estate agent.

The use of real estate agents in second home sales transactions varied according to the home' location.

1. Buyers used a real estate agent more frequently while purchasing a vacation home located in a suburb/subdivision (56 %) or a rural area (57 %) than for homes in other locations.

2. About 66 % of buyers who purchased an investment property in an urban/central city area or in a suburb/subdivision, used the services of a real estate agent more frequently than those who purchased a home in other locations.

Real estate professionals continue to be the first source of information to second-home buyers (38 % of vacation-home buyers and 34 % of investment-home buyers). The real estate professional also plays a major role when second-home owners plan to buy additional properties. If you are thinking of buying a second home or vacation home, seek out the services of a real estate agent to guide you through your next home purchase.

1. The percentage of second home owners who are more likely to use a real estate agent in their next home purchase is quite high. Among vacation-home owners it is 79 % and investment-home owners 73 %.

2. Among second home owners, 65 % of vacation-home owners and 64% of investment-property owners are more likely to use a real estate agent in their next home sales.

Given these statistics, it is no wonder that the real estate agent plays a pivotal role in helping people buy and sell second homes. So whether you are a second-home buyer or seller, enlist the services of an agent for a smooth, hassle free real estate transaction.

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Ron LeGrand: Explained, how one of my Real Estate Investment students made one million dollars profit on a real estate investment without spending any money. This deal will blow your mind!(and open it). When your done watching I'll catch you on the inside at www.ronlegrand.com where you can get a free CD that will teach you how to get started in Real Estate investment the Ron Legrand Way. So what does Ron LeGrand enjoy? One of the things I enjoy most is seeing people achieve Financial ...

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Creating a goal plan is half the fun of beginning real estate investing. It's all about starts at the end, when you are beginning a real estate investing remember to begin with the end in mind, as you start down the path to beginning real estate investing. What kind of lifestyle you would like to have, how much time you want to put in, and where and how you want to live. What you would like your real estate investing activities to provide for you, Spend some time thinking about exactly what you want to accomplish. Don't think only in financial terms. Be specific, and write down your goals. When you can see them clearly in your imagination, you're well on your way to achieving them.

In real estate investing goal setting step has fail to notice in short interval, this is very unfortunate because taking a few moments to complete this simple task effectively can have a huge impact on your long term results but also on how seriously you are treated by professionals. A great way to describe creative real estate investing is to describe what it is not, here are examples of what it is and isn't. Real Estate has classified in five types they are Flipping real estate, Probate real estate investing, Virtual real estate investing, Lease option real estate investing: Part I is Lease option real estate investing and Part II is Flipping real estate. Flipping real estate is one of the most used terms in real estate investing. The term flipping real estate means different things to different people depending upon who you are.

Probate real estate: Motivated seller, an unemotional is one of the great benefits of probate real estate investing. This benefit is usually from out of town, but not familiar with the property and therefore not emotionally attached to it. Virtual real estate investing: There is many an elaborate and systematic plan of action such as virtual real estate investing, it is an ideal virtual real estate investing system would allow you to work and never leave your house. For example leads are automatically generated through automated e-mails, websites and direct mail, which are directed to a prerecorded message and or answering service.

Lease option real estate investing Part One: Now a day investing real techniques are accessible which creates multiple rewards by combining techniques. Lease option real estate investing Part Two :If your are beginning real estate investor making money by doubling cash flows is slam dunk. It gives you what ever you wanted.

The most often asked questions by new or aspiring real estate investors have to do with beginning real estate investing. You would want to read this to learn some specifics associated with real estate investing if you are an avid goal setter, if not a frequent goal setter please read on and consider that setting goals which are really a powerful tool. It does have some magic about it, and is critical to you to become successful in real estate investor.

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Challenging Wrongful Foreclosure in Nevada

 LAW OFFICE OF MALIK W. AHMAD

ATTORNEY AT LAW

 

(702) 270-9100

 

www.FASTBANKRUPTCYNEVADA.COM

 

href="http://www.MYMALIKLAW.COM" target="_blank">www.MYMALIKLAW.COM

 

Foreclosures are on the rise and in fact the largest in United States according to the latest statistics. Where ever two or more people get together they are discussing economy or foreclosure in Nevada, and especially in Las Vegas. This is a brief guide for lay persons about how to challenge foreclosure successfully, a feat that is possible though difficult. However, this memo is not a substitute for legal assistance, which is usually essential in this complex area of the law. Please get a proper legal help from a licensed and qualified attorney in Nevada as well as in Las Vegas. Also, be very suspicious of agencies or people who are calling from outside Nevada, with a different area code. Ask them first question what is the name of their attorney and his date of admission and possibly if you can speak to him directly. Please under no circumstances give any information to them.

This memo is divided into the following parts:

• Filing Bankruptcy before Foreclosure Occurs

 

• Suing to Enjoin Foreclosure before It Occurs

 

• Suing to Set Aside a Foreclosure that Has Already Taken Place

 

• Filing a Counterclaim in the Detainer Action after Foreclosure Has Occurred

 

• Filing Bankruptcy after Foreclosure

 

• Procedural Grounds for Challenging the Foreclosure

 

• Substantive Grounds for Challenging the Foreclosure

Filing Bankruptcy before Foreclosure Occurs

 

 

This is often the shortest and simplest procedure. It has the following advantages: a bankruptcy filing automatically prevents foreclosure temporarily and sometimes permanently; you have the opportunity to cure a default in your payments by paying the delinquent amount in installments over a reasonable period; you may be able to reduce or eliminate the fees of the lender’s attorney; and you may be able to avoid interest on the amount you are delinquent (though not interest on the loan itself).

Generally, you will need a lawyer in bankruptcy. You must file before the foreclosure sale takes place, a time that usually is only 20 or so days after the foreclosure process starts with a letter to you or a notice in a newspaper.

Suing to Enjoin Foreclosure before It Occurs

 

 

To obtain an injunction, you must file a complaint in a court. You will need a lawyer. The process is made more arduous by a requirement that you give five days’ notice to the lender before seeking to enjoin the foreclosure. This reduces the 20-day period to 15 days for acting.

 

Temporary injunctions require a “clear” showing of “immediate and irreparable injury, loss or damage” or “that the acts or omissions of the adverse party will tend to render [the] final judgment ineffectual.” Judges take this requirement seriously.

 

The most difficult requirement of all may be the need to give a bond “in such sum as the court … deems proper” unless you successfully obtain permission to bring the action as an indigent person. A homeowner with only modest amounts of other assets and income may be unable to qualify as indigent and may also be unable to find anyone willing to provide a bond, especially one on short notice.

Suing to Set Aside a Foreclosure that Has Already Taken Place

The grounds for setting aside a foreclosure are limited to “some evidence of irregularity, misconduct, fraud, or unfairness on the part of the trustee or the mortgagee that caused or contributed to an inadequate price.” Defenses like the absence of a delinquency or violations by the lender of federal or state commercial law may not be raised.

You have the burden of proof in a lawsuit to set aside a foreclosure. Damages are the only remedy. There is nothing to prevent a third-party purchaser from keeping your house even if he knows of your claim against the lender and even if he believes that your claim is meritorious.

Filing a Counterclaim in the Detainer Action after Foreclosure Has Occurred

Foreclosure may be challenged by a counterclaim when the lender (or other new owner of the property) seeks possession by a “detainer” action. It is better to file the counterclaim in writing, and the grounds for doing so are discussed below. It is preferable that you use a lawyer to assist you, but most persons do not.

There is an initial problem. A statute says: “The estate, or merits of the title, shall not be inquired into” in a detainer action. Lenders may assert that a wrongful foreclosure may not be challenged even when the parties are before the court on the issue of possession, the right to possession is necessarily founded on ownership, and ownership depends on the lawfulness of the foreclosure. In our view, the statute disallows only attacks upon title based on transactions prior to the creation of the deed of trust. We also believe that the statute is inapplicable to counterclaims seeking to set aside a foreclosure, even if it bars defenses to the detainer action.

Not every new owner is successful in obtaining possession. It may overlook the proof that is necessary to show that it the foreclosure was conducted properly and that it was entitled to foreclose – things like affidavits or testimony showing that you did not make timely payments. You may and should contest every assertion made by the new owner, even if you do not have a lawyer. The new owner has the burden of proof. If it fails to meet that burden, the judge may conclude that you are entitled to remain in possession even though you no longer own the home.

On the other hand, if the new owner is successful in the detainer action, it is entitled not only to possession but also to the rental value of the property from the date of foreclosure until the date of removal. You have only ten days for an appeal to Circuit

Court and must furnish a bond. The amount of it can be prohibitive: a “sufficient amount to cover, besides costs and damages, the value of the rent of the premises during the litigation.” Even the furnishing of an affidavit of indigency may be insufficient to retain possession during an appeal.

 

Filing Bankruptcy after Foreclosure

It is possible to set aside the foreclosure through the bankruptcy process. The grounds that may be asserted are discussed below.

There is some good news even if you lose the challenge; bankruptcy usually discharges all or part of a deficiency judgment against you for any amount still due after the foreclosure occurs.

Procedural Grounds for Challenging the Foreclosure

• Failure to Give Personal Notice. No personal notice to a borrower is required by statute. However, we believe that federal and state constitutions require personal notice to each borrower, either by summons or by certified mail that is actually received, and we are litigating cases so as to establish this principle.

• Insufficient Notice by Newspaper Publication or Posting in Public Places. Under Nevada statutes, advertisement of a foreclosure sale must be made three different times in “some” newspaper “published” in the “county where the sale is to be made.” Only 20 days’ notice is required, and the use of publications read almost exclusively by lenders and lawyers is permitted. Both the shortness of the time and the use of obscure newspapers seem vulnerable to constitutional objection. In addition, some counties have no eligible newspapers. In this case, written notice may then be posted in five “of the most public places in the county.” There is no guidance about what such places are or how they are to be determined. This is too vague a standard to pass constitutional muster.

• Failure to Give Notice Required by the Deed of Trust. Many deeds of trust require notice of foreclosure by certified mail, or at least by mail, in addition to notice by newspaper publication. Many also require notice – before foreclosure is sought -- that the entire sum has been declared to be due because of a late payment or other default.

• No Meaningful Opportunity to Dispute the Foreclosure. This too is a constitutional challenge to Tennessee’s foreclosure process. It is based on the notion that making you find a lawyer and file a lawsuit in 15 days, assume a high burden of proof, and furnish a bond are unfair hurdles imposed on you.

• Defects in the Foreclosure Sale. Nevada judges have said that the foreclosure must occur in the county in which the property is located; it must take place at an accessible location; and a lender may not use a purely technical default as a basis for foreclosure. However, when the lender demands the full amount of the debt, they have refused to let the borrower cure the delinquency by paying the disputed amount before the foreclosure occurs. They also have ruled that there is no minimum price that must be paid and have allowed the lender to recover a deficiency judgment if the amount received in the sale is less than the amount owed. They have yet to decide whether the combination of a shockingly low price and another procedural defect are sufficient to disallow the foreclosure.

Substantive Grounds for Challenging the Foreclosure

The following claims and defenses are among those that may be raised so as to defeat a foreclosure altogether or reduce the amount of any deficiency:

• Estoppel: Late Payments Were Accepted on Other Occasions. This suggests that the lender waived the right to refuse late payments and was estopped from foreclosing.

• Refusal: The Lender Refused to Supply a Pay-Off Amount or Accept Full Payment so Foreclosure Could Be Avoided. Despite unfavorable precedent, this could be a viable ground.

• Military Service: A Borrower was in Military Service at the Time of the Foreclosure.

 

• The Loan was Unconscionabl:. That is, the inequality of the bargain is so manifest as to shock the judgment of a person of common sense, and the terms are so oppressive that no reasonable person would make them on the one hand, and no honest and fair person would accept them on the other.

• Unfair and Deceptive Practices (UDAP): The Making of the Loan, or the Servicing of It,  was Riddled with Unfair and Deceptive Practices that Violated the Nevada Consumer          Protection Act.

• Unauthorized Fees: The Servicer Collected Unauthorized Fees for the Escrow Account, or  as Late Charges, or as Attorney Fees during the Foreclosure Process.

• Signatures: One Spouse Was Required to Sign the Mortgage Note even though the Credit of the Other Spouse was Sufficient.

• Capacities: One or More Borrowers Lacked the Mental or Physical Capacity to Borrow.

• YSP: (Yield Spread Premium): The Mortgage Broker Was Paid an Unlawful Sum by the     Lender.

• Fiduciary Responsibilities: The Lender Violated a Relationship of Trust with the Borrower  that Developed in the Lending Process.

• Fraud or Misrepresentation: There Was Fraud or Misrepresentation by the Lender in the  Making of the Loan.

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Malik Ahmad is a Nevada licensed attorney and counselor at law. He is admitted in all courts in the state of Nevada, including US District Court. He has an extensive experience in real estate, including mortgages, escrow, rela estate and foreclosure. He is a solo proprietor and the principal of a small firm in Las Vegas, Nevada