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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 21st, 2009

The Long and Short of Short Sales

Wednesday, October 21st, 2009

There is has been a national foreclosure crisis in America. Ten percent of homes have been facing foreclosure and out of those twenty per cent have been being sold by a short sale. What is a short sale? When a property is in foreclosure, when the bank or lender sells the property for less (short of) the balance due to them on the mortgage note, then that is a short sale.

Short sales are made before a foreclosure takes place. Because of the fall in property values and the many one hundred per cent financing deals (no money down or less than twenty per cent down) done in the last few years, many homeowners are now “upside down” in their mortgages. This means their property is worth less than what they owe. Many of these homes will fall into foreclosure in the next few months or years.

When a property is in the pre foreclosure stage, the lender is often better off taking less than what is owed on the property than going through with the foreclosure and the costs involved, and then attempting to market the property. This can be a good situation for the homeowner facing foreclosure because they will usually lose money selling the home themselves having to make up the difference in the sale price and what is owed on the mortgage note as well as possible closing costs, inspection fees, taxes, and realtor commissions. Short sales give homeowners an out their current financial crisis. They can also save having a foreclosure black mark on their credit score.

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

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Tags: Sales, Short
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Bankruptcy Differences

Wednesday, October 21st, 2009

If you are one of the millions of Americans burdened by debt exceeding an amount you can reasonably repay, then you might well be feeling very desperate and stressed out. Bankruptcy is one way that you can achieve a fresh financial start, of sorts and is a legitimate way to deal with your debt burden. However, as with any financial decision, it’s a tough choice to make. But if you have got to the point where you are ready to file bankruptcy, how do you decide between chapter 7 and chapter 13 bankruptcy?

Well, in order to be able to decide for certain, you need to know the differences between chapter 7 and chapter 13. In essence, chapter 7 discharges much of your debts. As part of this process, however, any non exempt assets you still own will have to be liquidated in order to pay off as much of the outstanding balance to your creditors as is possible. However, in reality, most people who have reached the point of bankruptcy simply to not have assets and 95% of chapter 7 petitions involve none.

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

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Tags: Bankruptcy
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Short Sale

Wednesday, October 21st, 2009

Home owners are finding ways and means to combat the dreaded effects of the current crisis in the economy directly affecting the ailing real estate industry. For instance, there are tangible activities making these dilemmas evident such as the increasing number of short sale and foreclosure. Although these are unwelcomed realities, it is still inevitably prevalent hence, more and more cases are continuously recorded.

Short sale occurs when a home owner is selling his property for a value much lesser as compared to the outstanding balance of the mortgage loan. This often happens when the value of the property dramatically drops or may be due to obtaining inflated appraisals. It is thus important to understand the different mechanics of short sale before you go hunting. Lenders must first agree or approve the short sale, however, since lenders are the ones who are going to have a big loss with this incidence, they find ways and means to stop short sale from happening. Hence, you would have to risk time, money and effort if you truly want to find a viable short sale.

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

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Tags: Sale, Short
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What Does Default Mean in the Foreclosure Process?

Wednesday, October 21st, 2009

When banks foreclose on a home, the owners are often confused by the language used in the various legal documents. One of the terms that causes the most confusion is “default.” There are at least two different ways that this word is used during the foreclosure process, neither of which have good implications for the borrowers most of the time. However, homeowners should know how the word will be used by the bank.

The first way that banks use the word “default” is when they allege that the homeowners are in default of the mortgage contract. The borrowers sign the mortgage or deed of trust to establish the terms under which they will make payments to the lender or servicing company to keep the contract in place. Once payments are missed, the payment terms of the contract have been breached and the homeowners are in default.

So a default of a mortgage contract means that the homeowners have failed to meet one of the conditions for holding up their end of the agreement. While there are other ways to fall into default of a loan, the most common breach of the contract is when borrowers fail to make payments on time and the lender begins the foreclosure process. In the lawsuit paperwork, the lender claims the owners are in default.

The second way that banks use the word “default” is when they file a motion with the court during the foreclosure. This motion may be called an order of default, motion for default judgment, or some other similar term. For the purposes of this article, the motion will be referred to as an “order of default.” However, homeowners should be aware that the same type of legal document may have a different name in their state.

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

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Tags: Foreclosure
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Ways to Avoid Foreclosure

Wednesday, October 21st, 2009

Experiencing foreclosure is not only stressing, but it can have effects on your credit history and scores, thus, affect not only your present finance but your future as well. Although many people do not make attempts to avoid this, it is important that you know that there are ways in which foreclosure can be prevented.

First, it is important that you are aware and well informed of your payment dates. Whenever you are about to miss a date because of financial problems, face this and contact your lender. It is easier to try to fix things before the foreclosure process starts. Your lender might even help you avoid foreclosure, for own benefit. Remember, they want their money.

Secondly, whenever trying to avoid foreclosure, you should be aware of important dates, including your payment due date and the foreclosure beginning date. Maybe marking your dates on a calendar will help you remember better. This works in a simple way.

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

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