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As a Miami Florida attorney practicing real estate law, Lisbet Campo, Esq. provides legal counsel and representation to parties involved in commercial and residential real estate transactions. If you have a legal issue in Miami-Dade, Florida, or anywhere in the State of Florida contact attorney Lisbet Campo to discuss your situation.

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Archive for October, 2009

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Consolidating Credit Card Debt

Friday, October 30th, 2009

With the global economic crisis, many of us are experiencing some type of economic struggle in the past few years. Because of the crisis, we try to cut back on our expenses and save some money so that we can pay our credit card bills. Yet, cutting back on expenses and saving some money is possible if you’ve got the budget. One of the best things a credit cardholder can do that will save them money and simplify their payments is to consolidate their debts.

Consolidating credit card debts means transferring the balance of the cards from high interest rate cards to credit cards with low interest rates. In this process, you will be paying to only one creditor rather than individually paying for each card. Consolidating debt will actually simplify the payment of your bills because all of your bills will now be rolled into just one. Consolidation is much easier and cheaper for any consumer. The debtor will only be paying single monthly payment for their respective debts. The card holder will be relived from handling different kinds of unsecured debt, which requires several payments, and may even have different interest rates.

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For More Information Visit: http://www.miamifloridarealestatelawyer.com

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Tags: Card, Credit, Debt
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When Foreclosure is Inevitable

Friday, October 30th, 2009

When it is clear that a foreclosure process is inevitable, the home owner has no choice but to try to sell the house as fast as possible. The owner has to make some big decisions very quickly. They will greatly influence the sale of the property; the asking price of the house, the general condition of the property and are people actually buying at this particular time. The decisions that the troubled homeowner makes must not affect the sale property in a negative way. Adequate marketing is absolutely necessary.

Other measures a desperate seller can undertake may include acquiring the assistance of an experienced real estate appraiser. Trying to price the house highly beyond the current market price is unreasonable and unproductive. There is always a temptation to rate the house at or above the initial price that the homeowner paid for it. However, in the real world, if the market prices have generally gone down, no person in their right mind will be willing to a premium price for the parcel. Sometimes, unfortunately for the seller, he will have to reduce the asking price quite a bit.

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For More Information Visit: http://www.miamifloridarealestatelawyer.com

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Tags: Foreclosure
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Understanding Short Sales

Friday, October 30th, 2009

You may have heard a lot lately about the seemingly misnamed “short sale.” There’s a very good chance you know someone who’s been through it or is going through it now. If you have been hit hard by the recession and are having trouble affording your own home, you may even be considering this option. First, do away with any belief that it is a quick sale. It actually has nothing to do with the amount of time involved in the closing process. In fact, the process can often take three to fourth months to close. A short sale occurs when a lender agrees to accept less than the amount owed against a home because there is no longer enough equity to sell and pay all costs of sale. In other words, if your payments are in arrears and the lender may not be able to recoup the full cost of the home, it may be its best way of getting something rather than nothing.

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For More Information Visit: http://www.miamifloridarealestatelawyer.com

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Tags: Sales, Short
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Differences Between Mortgage and Tax Foreclosure

Friday, October 30th, 2009

As home values keep dropping yet property taxes keep increasing, tax foreclosure sales will become more common. Some homeowners experiencing double-digit percentage increases in their yearly tax burden, even as they are working fewer hours or taking pay cuts will inevitably come to realize that they can no longer afford to keep up with monthly housing costs that never go down.

Thus, tax sales will become more common throughout the country, especially in areas where the local government grew the most out of proportion to the surrounding community. The tax foreclosure and sale process, while similar to a regular foreclosure, also has a number of differences that make it both easier and more difficult to keep the house. Borrowers should be aware of how their local government can take their home.

Once a tax bill becomes due and is unpaid, it becomes a lien on the homeowner’s property. Typically, the lien is imposed on the first day of the year after the property tax is assessed by the county. Under statutes in many states, tax liens are given priority status over any other lien, including first mortgages. In order to protect their first mortgage lien, lenders require that property tax be paid through an escrow account.

Sometimes it is the lender or servicing company itself that drives the property to a tax foreclosure sale. Whether due to incompetence or malice, tax payments are sometimes lost, applied to the wrong account, or simply held in the escrow account and never paid to the county. Other times, it is the county itself that misapplied the payment or received the tax but did not credit it to the homeowner’s account.

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For More Information Visit: http://www.miamifloridarealestatelawyer.com

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Tags: Foreclosure, Mortgage, Tax
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Are Foreclosure Homes Finding Their Level?

Friday, October 30th, 2009

The experts are optimistic that the market has changed its course and that there could be light at the end of the tunnel. The Government can smile at the moment as it looks like the plans have started to work. The news could only be good for homeowners, it gives them a bit of breathing space from their homes going into foreclosure proceedings. It seems the pressure the government is putting on the banks to help property owners is working at the moment. If they can sustain it, it can only be good for them.

The lenders have started to realize the only way out of this is to give the borrowers more time to catch up with their payments. They are not doing this out of kindness, but because they will be losing money if they put the property into foreclosure listings. The price of property will continue to fall because the market is flooded with foreclosure property. Most experts are saying they do not see an increase in foreclosure property in the foreseeable future. They are probably right, but I believe there is going to be worse times ahead for homeowners. In my mind I can see unemployment figures dropping even more and the dollar falling away to nothing. To me this is only a smoke screen to build confidence within the market, I can see dark times ahead.

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For More Information Visit: http://www.miamifloridarealestatelawyer.com

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Tags: Foreclosure
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Short Sales

Thursday, October 29th, 2009

The recent housing bust has impacted every corner of the housing market throughout America. Approximately 15% of all homes are currently underwater which means the value of the house is lower than the outstanding balance on the mortgage. Homeowners are unable to sell because they would be required to bring cash to the closing table for the difference between the selling price and the mortgage balance.

An option for homeowners stuck in this situation is a short sale. A short sale occurs when a bank allows a homeowner to sell the property for less than what is owed on the mortgage. Banks are willing to consider a short sale because it is possible that they will loose less money than if they foreclosed on the property and then tried to sell it as an REO (real estate owned) property. You must get your bank to agree to the sale since they will be forgiving part of the debt that you owe them.

Before a seller considers doing a short sale, he must be aware of these four items and what impact they will have. They may determine whether or not you want to consider pursuing it.

Seller must prove to the bank that they have a bona fide hardship

Banks are in the business of making a profit and for that reason they are not willing to forgive part of the balance of the mortgage for sellers who are underwater. If the bank knows that you can make the monthly mortgage payment then they will expect you to make the payment. On the other hand if there is a financial hardship banks will be willing to work with you so they can limit their loss. Banks will ask you to document your financial hardship by providing bank statements, pay stubs and tax returns. If you do not have a financial hardship, you will not be able to get the bank to agree to a short sale.

Your credit score will tank

When a bank performs a short sale, this action is recorded with all three of the major credit bureaus (Equifax, Experian and TransUnion). The notion in your credit will show that the mortgage was terminated in a short sale. It is not unusual to see your credit score drop anywhere from 100 to 150 points as soon as this notation shows up in your credit report. This notation will remain on your credit report for seven years. Future lenders will be wary of any application for credit with this notation on your credit report. The only saving grace is that your score will eventually recover and it will recover faster under a short sale than if you let the property go into foreclosure.

You may be limited on your ability to purchase another house

Fannie Mae recently changed their lending requirements. If you sell a property via a short sale, you will not qualify for a Fannie Mae financed loan for two years from the date your home was sold. If you will be using Fannie Mae backed financing, there is no exception to this rule. If you want to purchase another home within two years, you may have to seek alternative financing or mortgages that are not backed by Fannie Mae.

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For More Information Visit: http://www.miamifloridarealestatelawyer.com

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Tags: Sales, Short
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Principal Reduction

Thursday, October 29th, 2009

Principal reduction is a reduction in the existing principal or loan amount of a loan. It is the perfect solution for upside down homes. A home is upside down if the home-owner owes more than the value of the home.

For instance, a home-owner having a mortgage of $500,000 on a home whose current market value is only $300,000 is upside down. With principal reduction, he can get a new loan with a new principal of 90% of the current market value or $270,000. The home-owner essentially wipes out all the negative equity in their home.

Why Principal Reduction?

While loan modification may help home-owners lower their mortgage payments, it does not necessarily lower the principal loan amount of a mortgage. Loan modification is hardship based whereas principal reduction is equity and income based. Negative equity in the property of at least 20-25% will qualify a home-owner for reduction in principal.

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For More Information Visit: http://www.miamifloridarealestatelawyer.com

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Why a Short Sale Can Do You Good

Thursday, October 29th, 2009

The current economic environment never leaves out the financial vulnerability of a lot of families. Foreclosure rates are constantly increasing every year. While these numbers may be staggering, believe it or not, lenders themselves do not want to deal with a foreclosure either. It’s not always a win scenario for lenders when a foreclosure occurs there is still some high costs associated with it and taking the back the property.

The process of a foreclosure can cost as much as a whopping $77,000 and even higher. Homeowners spend closer to $8,000 or more for related services. The bigger burden is even on the lending party. They have to settle legal and recording expenses, advertising, possible property renovation, and not to mention, the time and money it takes to look for a buyer.

Clearly this is why more people are opting to sell short than to deal with a foreclosure laws. A short sale happens when the lender and the debtor agree to sell the mortgaged property for less than the outstanding balance of the debt. After which the proceeds of the sale will be given to the lender. This process is much less time consuming than a foreclosure.

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For More Information Visit: http://www.miamifloridarealestatelawyer.com

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Tags: Sale, Short
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Government Loan Program HUD Foreclosures

Thursday, October 29th, 2009

These days HUD foreclosures are everywhere. While this is bad news for the economy, this can be great news for you, because HUD homes represent some of the best deals on the market, in many cases at “pennies on the dollar” prices.

It is easy to get excited when you are looking at the low prices of HUD listings, but you need to be aware of some pitfalls you may face. One of the details you need to pay close attention to when purchasing a HUD home either as a primary residence or investment property is the FHA Insurability. HUD homes are clearly labeled as Insurable, Insurable with Repair Escrow, or Uninsurable, and this will determine what type of loan you must use to get them.

Homes labeled “insurable” indicate that nothing major is wrong with the property, and the home is more or less move-in ready. No muss, no fuss. These are the first HUD homes every other buyer wants to look at, and the first homes most HUD-approved real estate agents want to sell you.

Note: while these “insurable” homes are good deals, you may face stiff competition from other homebuyers and novice investors. If you need to use financing, FHA guidelines will not allow you to borrow more than the HUD asking price. This means you will have to come up with cash out of pocket if you want to beat a competitor offering more than the asking price. So much for your small down payment! However, if you don’t make any offers, you will lose 100% of the bids, so go ahead and throw in your hat for the right properties.

Homes with less than $5,000 in required repairs are classified as “insurable with repair escrow”. Other buyers are not as eager to bid on properties in need of work, which means less competition and deeper discounts for you. Also, many people are unaware that the traditional FHA 203(b) Loan Program will allow you to finance these repairs into your loan, instead of paying them out of pocket, via a 203(b) Repair Escrow. At settlement your lender will place the repair money in a set-aside account for you to make the necessary improvements after the loan funds.

Note: while this seems straightforward, you must make sure that your lender will allow repair escrows before you begin the loan process. Only a handful of lenders participate in the repair escrow sub-program due to additional risk and administrative burden. Find this out before you place your bid, or you could find yourself without a loan, without a home, and without your earnest money deposit.

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For More Information Visit: http://www.miamifloridarealestatelawyer.com

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Tags: Foreclosure, Government
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How to Avoid Foreclosure

Thursday, October 29th, 2009

Times are tough, and maintaining control over your financial concerns is even more difficult. If you have been missing mortgage payments, or have had your lender attempt to contact you, you may be facing the possibility of home foreclosure. Foreclosure help is essential when this happens. Here are some things you can do:

Manage your finances well. Prevent nonpayment of your monthly mortgage dues by reprioritizing your financial resources. Eliminate expenses that are not essential, at least until you can make your mortgage payment for the month. Your family’s health has to be priority number one, and your hearth and home second.

Communicate with your lender. When you realize that your home is about to be foreclosed, contact the lender immediately. You may also receive correspondence from them, informing you of possible legal action. Discuss options with your lender as soon as this happens to help save your home.

Be informed. Know what you can and cannot do regarding your mortgage. Read through the loan documents you have to know what will happen in case you are unable to make your mortgage payments. The foreclosure regulations are different from state to state, so contact the housing office in your area. In addition, you may find reliable information on foreclosure prevention, also known as loss mitigation, on the Internet.

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For More Information Visit: http://www.floridalawattorney.com

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Tags: Foreclosure
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