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Free Initial Case Consultation for Southern California Residents: email your question and contact information to:
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In the News:

Attorney Richard Rydstrom In the News:

2012 Rich Rydstrom on the New AG Mega Foreclosure Modification Settlement 
Click Here

2012 New Foreclosure Consent Enforcement; Rich Rydstrom on Governor Raskin Fines  Click Here 

2012 Richard Rydstrom on President Obama’s New HARP Short Payoff Refinance Program Click Here

2012 Rich Rydstrom on Foreclosure Timelines & Judicial Waste  Click Here

Year after Year Rich Rydstrom chosen as Industry Expert: 2010-2011 Attorney Rich Rydstrom chosen by Mortgage Banking Servicing Industry as expert in Year in Review - Click Here
 
The Foreclosure-Gate Freeze & Litigation Trigger by Richard Ivar Rydstrom, Wednesday 20 October 2010 - MortgageOrb - Click Here

Rich Rydstrom on Future of Mortgage Foreclosure Modification Crisis - Click Here

More Interviews & Articles Click

Law, Real Estate, Mortgage Modifications, Business and Litigation Books by  Richard Rydstrom, Esq.

Commercial Real Estate Mortgage Workouts - New Rules & Tax Regulations
 9-16-09

Commercials Mods & Debt Workouts:
Are We Ready?

Commercial Workouts Mods Q4 2009 Ajpg

Commercial_Workout_Article_Rydstrom_9-2010c_jpg

Commercial Real Estate Loans
Commercial Debt/Equity Loan Workouts

All Property Types:
Hotels, Gas Stations, Office, Retail, etc.

Loan Workouts

Debt/Equity Workouts / Takeouts

Loans on REO Purchases

Loans on Performing and Non-Performing Note Purchases

Purchases and Restructure of Performing and Non-Performing Notes

Joint Venture on Performing and Non-Performing Notes Purchase
 

Special Deals & Joint Investor Ventures:

Topic:  Commercial Real Estate Assets/Loans
Device: VIV™ - Valuation Implementation Vehicle™ –  A Special Purpose Entity used to lock in VIV™ benefits.

VIV™ Goals:
To lessen the potential harsh impact of Fair Value Accounting
To supply a business judgment best practice device when implementing Fair Value Accounting
To lessen the severity of losses realized from loss mitigation/modifications
To free up reserves
To convert to cash with an appreciation /clawback component

Owner‘s Special Purpose Entity (SPE)

Joint Venture Vehicle

Buyer / Investor

Owner of Asset/Property/Loan – Bank - Other

Sell to unregulated entity at (higher) Carrying Value; no gain/loss

 

 

Owner’s SPE
Buyer

 

 

Owner contributes Asset/Property at (higher) Carrying Value; and retains difference as Equity

Joint VIV  (Valuation Implementation Vehicle)

 

Investor pays market price:
Cash in at (lower) FMV

 

For More Info and the mechanics overview _ Click Here

NOTICE: THIS MATERIAL IS A NON-EXHAUSTIVE ILLUSTRATION OF POSSIBLE ISSUES, OR A PROPRIETARY MODEL, NONE OF WHICH MAY BE COPIED, REPRODUCED OR USED WITHOUT THE OWNERS PRIOR WRITTEN CONSENT.

IRS CIRCULAR 230 DISCLOSURE NOTICE:
To ensure compliance with IRS requirements, we inform you that any U.S. federal tax advice contained in this communication is not intended or written to be used, and cannot be used by any taxpayer, for the purposes of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein. Any legal advice expressed in this message is being delivered to you solely for your use in connection with the matters addressed herein and may not be relied upon by any other person or entity or used for any other purpose without our prior written consent. NO WAIVER OF ANY PRIVILEGE, PRIVACY, DISCLOSURE, WARNING, LEGAL OR EQUITABLE RIGHT IS INTENDED BY THE COMMUNICATION OF THIS MESSAGE. SENDER RESERVES ALL RIGHTS, IN ALL JURISDICTIONS WHETHER EQUITABLE OR LEGAL, IN FORM OR NATURE.

 

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IRS CIRCULAR 230 DISCLOSURE NOTICE: To ensure compliance with IRS requirements, we inform you that any U.S. federal tax advice contained in this communication is not intended or written to be used, and cannot be used by any taxpayer, for the purposes of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein.