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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 November, 2009

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Short Sale Vs Foreclosure

Monday, November 30th, 2009

In recent years the terms “short sale” and “foreclosure” have become buzz words amongst realtors, investors, and the public. It is very important to know the difference between the two when searching and considering putting an offer on these types of properties. Just simply knowing the difference can assist you in many ways of the process further helping you become successful in purchasing the property.

A short sale is when a lender agrees to take less than what is owed on a property. This can be a longer than expected process in most cases. It is important that you understand the short sale process before placing an offer so you do not waste your own time. First thing to remember is that the bank does not own a short sale. The bank is only a lien holder of the property and the seller is still the seller in the transaction. This is the most common mistake when making an offer to a seller on a short sale.

The seller remains the seller of the property until the title of the property is transferred via foreclosure. Many people tend to think that all offers must be presented to the bank when they must be presented to seller only. If the property does get taken back through means of foreclosure then it will become bank owned.

A seller has the ultimate decision on what offers the bank sees since they still remain the seller of the property. Believe it or not, but if you find yourself in negotiations with a seller in this situation and the bank counters your offer they technically do not have the power to do so since they are not the seller. The bank is countering the payoff or net amount they will be receiving once they the short sale is closed. While this happens all the time just keep in mind that the bank is only approving a payoff to the property. If conducted correctly this process should take between 60-110 days depending on what banks are involved and who is conducting the process.

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

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Tags: Foreclosure, Sale, Short
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Building Credit After Bankruptcy

Monday, November 30th, 2009

Life after bankruptcy does not remain the same, at least for a while. It is a tough bargain, where you give away your material pleasures for eternal peace of mind. By law, it is required to publish the name of the party going bankrupt in the local newspapers. So, you may have to face a large amount of public embarrassment. On pronouncing bankruptcy, your major assets like house and vehicle will be forfeited. Loans will not be easily available to you and if they are, the interest rates will be higher. Your credit rating will be damaged and it will remain so, for five-six years following bankruptcy.

How to deal with all this? The key is, to jump back to your normal life as soon as possible after bankruptcy. Anyone can do this, by following a few simple steps and working towards a goal to build a protective layer, so that the ghost of bankruptcy can not haunt you in your daily affairs.

Recreate Your Image

Legally, bankruptcy may reflect on your credit report anywhere from five to ten years after bankruptcy. However, you can start improving your scores from day one. Having learnt from your mistakes, make it a habit to make regular payments on your credit card, only spending a part of your credit limit, that you can easily pay off.

To build your credit score, you must also use credit. You will be surprised to know that soon after your bankruptcy; you will be eligible for loans or credit cards by many financial institutions. These are usually secured loans and may be available on higher interest rates, but taking credit is the only way to build credibility.

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

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Tags: Bankruptcy
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Filing Bankruptcy

Monday, November 30th, 2009

Filing Chapter 7 bankruptcy is not the easiest way to get out of your debts and therefore you should know the following facts about it.

1. Of course, all your debts will be cleared off after filing Chapter 7 bankruptcy but all your non-exempt assets will be liquidated to pay debts of the creditors. Therefore, you should check what constitutes as non-exempt assets in your state. Generally, it includes vehicles, houses, jewelry, bank accounts, stocks, etc. All this goes to a trust and the assets are sold to settle your debts. If the amount is insufficient to pay off the debts, the rest of the debts are waived off. This type of bankruptcy is most suitable for people who hardly have any non-exempt assets as they are the ones who are most benefited through this proceeding.

2. Some debts are not exempted even after filing Chapter 7 bankruptcy. These debts include student loans, taxes, and obligations resulting from divorce or child support. Therefore, if a big portion of your debt is a student loan, then it will not be waived through Chapter 7 bankruptcy.

3. The process of filing Chapter 7 bankruptcy is complicated. Since the process helps people escape paying their debts, there are strict procedures and eligibility criteria for it. The court goes through every case carefully to determine whether the application should be accepted or rejected.

4. People with good income may not be given such benefits. If they want to file for bankruptcy, they have to do so under Chapter 13. Moreover, people involved in unlawful activities may not be entitled to file for Chapter 7 bankruptcy.
5. The applicant has to undergo credit counseling, which is mandatory.

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

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Tags: Bankruptcy
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Obama’s Loan Modification Program

Monday, November 30th, 2009

Obama’s Loan Modification Program is assistance for borrowers in danger of having their homes foreclosed or for those who dread to default on their mortgage now or in the future. Setting aside $75 billion, the government aims to utilize part of these funds to lenders who participate. The incentives and dole out for lenders, is to make up for costs and any other losses caused by the mortgage modification. If you have to refinance or modify your housing loan, the first and foremost on your list of things to do should be to choose a lender that is part of the program because:

Lenders participating will limit the interest to 2% and extend your credit to as long as 40 years to ensure that you do not become delinquent of your mortgage. Non-participating lenders will charge you rates that are much higher and will not care if you continue to pay your loan or not as long as they get paid!
Lenders participating in the modification program will still entertain your application even if your property’s value has become less than your mortgage. This situation is expected because of the effects of economic recession.

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

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Tags: Obama
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Steps For Avoiding Foreclosure

Monday, November 30th, 2009

If you’re struggling with your finances and don’t know what your options are, you’re going to feel helpless in your situation. Here are some tips and tricks to avoid bankruptcy, and options that are available to help you resolve your outstanding mortgage.

The best advice you can ever get regarding your mortgage is that your highest priority in paying bills is to pay your mortgage first. That’s hard advice to follow, though, because you can’t live without utilities or food. It becomes even more complicated when you need to buy gas to look for a job or get to work to make money to pay for your bills. A mortgage often takes a backseat to these kinds of expenses.

You do need to scrutinize your spending while working on your mortgage payments. Have a family meeting to gain a consensus that everyone will pitch in and help save money. Identify areas of spending in which you can save. Oftentimes, there are areas you can cut back that you just never thought of.

For instance, rent movies from a local Redbox that only cost $1 per night, or rent from online sources like Nexflix or Blockbuster for a nominal monthly fee. They all can be found online. Instead of dinner and movie night outs for your family, have a dinner theme night at home, along with watching a rented movie. These are just a few strategies that can help you save lots of money.

At the onset of struggles to pay your mortgage, contact your lender. Talk to your lender about your situation. Maybe you’ve experienced a job loss or medical emergency – two of the most predominant reasons people end up in foreclosure. Discuss your situation with your lender, find out what they are willing to do. Most often, lenders don’t tell you what your options are. Instead, they require you to complete a workout packet that includes providing a hardship letter, submit it for consideration and then wait.

Full Article

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

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Tags: Foreclosure
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Stop Home Foreclosure

Saturday, November 28th, 2009

Are you afraid that your home may go into foreclosure? Millions of Americans today are facing this terrible situation. Most believe that there is no hope. They believe that once the bank sends the notice of foreclosure, that is it! The bank gets what they want, and you lose your home. Many people resign themselves to this fate because they don not know that they can fight back.

Did you know there is a strategy you can employ called ‘produce the note’? This method is one of your only defenses as a homeowner facing foreclosure. It involves filing a complaint against the lender and demanding that they produce the original promissory note, the mortgage contract that you signed when you bought your house. Until they can do this, the foreclosure can be postponed or even halted altogether. Why does this work? Throughout the life of a mortgage, it is sold and resold multiple times, repackaged into bonds, split up, and sliced and diced. After a while, it can be hard to tell who actually owns the mortgage, and during this process, the original note that you signed is often lost.

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

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Tags: Foreclosure
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Bankruptcy

Saturday, November 28th, 2009

Did you know that most people have heard of the term “bankruptcy” but really have no idea what it entails? Hopefully we can stay out of debt so that we don’t have to learn too much about it, but sometimes it is necessary that we go through it. This could be because of poor financial decisions, or just bad luck. Whatever the reason, the more you know about the process and the event, the better prepared you can be to take care of it when it comes up. Here are a few commonly asked Bankruptcy Questions.

How do I know if I should file for a Chapter 7 or a Chapter 13 Bankruptcy? This is a very common bankruptcy question and it totally depends on your current financial situation and your ability to make payments. If you are a residential homeowner and have a steady job and income than you probably will have to file for Chapter 13. This is for people who can still make payments but have just become so caught up in debt either from their mortgage or credit card debts that they cannot pay it all off. Typically in these situations people are required to settle and make payments for three to five years before they are forgiven their debts. They usually also get to keep their house and are kept under supervision by the U.S. court.

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

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Tags: Bankruptcy
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Avoiding Foreclosure

Saturday, November 28th, 2009

There are hundreds of thousands of people currently looking for information on who to avoid foreclosure. In response to this need for information on how to avoid foreclosure, numerous resources have been developed. So many, indeed, are the resources developed for people looking for information on how to avoid foreclosure that many people looking for the same info are finding themselves overwhelmed. It is not a new phenomenon, this being overwhelmed by information that we need. Someone had seen it before, and called it ‘information overload,’ which turns to ‘information deluge’ when taken to the extreme. So people start wondering: could someone not present us with information on how to avoid foreclosure which is not full of technical terms, and information that is summarized, so that that we don’t have to get bogged down?

It is towards addressing this need that this sort of brief – and to the point – resources on how to avoid foreclosure have been developed. The first step, towards avoiding foreclosure is of course keeping your finances organized. There are people who get into the risk of falling into foreclosures because of job losses. There are also those who get into the same situation because of falls in income, perhaps due to business slowdown or something of that nature. All these are quite understandable. What is not understandable, however, is the situation where one ends up in foreclosure due to lack of self organization: because unless you take control of it, money tends to just vanish. Hence the need to know exactly what you are making, and where it is actually going.

Full Article

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

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Tags: Foreclosure
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Bankruptcy Process

Saturday, November 28th, 2009

No one wants to have to file for bankruptcy. It can be a depressing and humiliating experience. But it does not mean that you are beaten. Sometimes bankruptcy is just the best option to eventually help you get back on your feet and you shouldn’t feel bad about having the courage to take the steps to repair your financial standing. Here are a few guideline to help you when filing for bankruptcy.

Filing bankruptcy first starts off with gathering information. This is not meant to be exhaustive or ridiculous, it is just meant to make the whole process easier either for you or your lawyer. First of all you should document all of your income for the past nine months. This would include any tax refunds, dividends, paychecks, gifts, annuities, and interest. This is meant to help calculate the reasons why you are filing bankruptcy. Your amount of income will help to determine what chapter of bankruptcy that you can file for.

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

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Tags: Bankruptcy
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Government Foreclosures

Saturday, November 28th, 2009

Government foreclosures are sold by the government. There are many reasons why the government will occasionally seize a private property or a piece of commercial real estate. Sometimes, this occurs because a property owner has not paid the property taxes which are owed to the government on the property. The government can then repossess the property and resell it in order to make up the lost revenue. In some cases, if a property owner commits a crime on a property – such as drug manufacturing or drug sales, for example – the government can seize the property as part of the proceeds of an illegal business. Since the government is eager to recoup the money, government foreclosed are often sold at below market value.

There are many types of government homes available for sale. Tax sale homes, for example, are one of the more sought-after government foreclosure types. Tax houses are sold off because the previous homeowner did not pay property taxes on their home. Tax sale homes only need to be sold for the amount of taxes owing, and in many cases this amount is only a fraction of the actual value of the home. It is possible to find amazing deals on government homes at tax sales. Most tax sales are held between April and June.

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

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Tags: Foreclosure, Government
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