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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 6th, 2009

Things to Avoid When Dealing With Foreclosure

Friday, November 6th, 2009

Foreclosure deals are beneficial, but follow the universal rule that every advantage is concealed with a threat of pitfalls. The foreclosure proceedings have to be done cautiously as a little negligence from your end may eventually make you a victim. However beneficial the foreclosure dealing, there are unavoidable circumstances that any homeowners encounter such as scams and frauds. Opportunists wait for such occasions and conveniently prey on the potential victim dealing with dreadful reality of foreclosure amidst the uncertainties of economic conditions.

The scammers are very intelligent in settling disputed properties and hence steps taken towards dealing with foreclosure should be done with the required care. There are adequate ways of detecting scams in the real estate market and the homeowners must know these techniques and learn it to avoid becoming a scapegoat. There are many ways to make a fortune off foreclosed properties. However, you first must educate yourself properly to prevent any errors. Here are the 5 things to avoid when dealing with foreclosed properties:

1. Paying skyrocketing prices for the foreclosure transaction and processes as services to the scammers is the first thing to avoid when dealing with foreclosure. However, there are certain things that genuine foreclosure companies or agents do facilitating the proceedings of foreclosure for homeowners. The service fee charged shows a significant difference between a genuine and fake agent. Commonly, genuine agents charge minimal amount as services or also offer free services for houses that are approved by the HUD (Housing and Urban Development). Contrarily, the scammers demand unreasonable payment for their services that they do not perform and should be strictly avoided.

2. Second thing to avoid when dealing with foreclosure is signing documents. The scammers give misleading documents stating it to be new mortgage documents and are required for the foreclosure process. In fact, they make the owners sign documents for selling the property in least prices and enhance it by forging signatures as well and completing the documentation.

3. Third factor to avoid when dealing with foreclosure is when homeowners are on the verge of foreclosure. They become the right victims as they already are disappointed on losing their homes, and scammers take apposite advantage of such situation. Scammers convince the owners to stay and hold the property. Scammers please the homeowners by saying that they will buy the house for a new mortgage loan and in the same period the owner can rent it for an indefinite period and buy the property back. The drawback in this scheme refers to the buyback provisions and the rent that is very high to the extent that the owners fail to take the property back.

Full Article

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

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Tags: Foreclosure
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Foreclosures Basic Facts

Friday, November 6th, 2009

There are several myths with regard to a foreclosure. It is important to know the basic foreclosure facts to help you take a decision about the foreclosure procedure. A foreclosure is a legal proceeding wherein a mortgage, or other lien holder, which is usually a lender, obtains an order of the court to terminate a mortgagor’s right of redemption. Simply put, it is a process where the lender takes over ownership of a property in the event of payment default made by the borrower.

There are two types of foreclosures, one is the non-judicial and the other one is judicial. A non-judicial foreclosure involves a third party empowered to foreclose the property when the mortgage is in default. Since the lender need not file a lawsuit against the mortgage holder in order to take back the property, this can take from sixty to one-hundred twenty days. A judicial foreclosure is a process where the mortgage holder holds title and has to go to court when the mortgage faces default. This can take much longer than the non-judicial kind of foreclosure.

Four Steps to a Foreclosure process:

1. Pre-foreclosure, is a period when the owner starts missing payments. This is before the lender does any legal proceedings. During this time, a borrower or the owner of the property will be more likely to consider any offer in order to save their credit and avoid foreclosure.

2. Notice of Default. This is the very first legal step taken in a formal foreclosure process. The mortgage lender against the borrower initiates this.

3. Foreclosure Sale. Whether it is a judicial and non-judicial process, the sale can take as long as one year. Judicial foreclosures are often held in courtrooms as soon as judgment is rendered.

4. Redemption Period. This is the time allowed for an owner to get the title back. He or she has to pay the full balance of a loan and other fees included.

Full Article

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

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Tags: Facts, Foreclosures
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Fannie Mae’s Revision to Loan Modification

Friday, November 6th, 2009

Fannie Mae does not automatically exclude people who are ineligible for a modification under the Making Home Affordable Modification Program as discussed in Part 1 of this series. They have 2 other sets of guidelines for helping them. They look at their specific case and determine if their financial hardship would be classified as temporary or long term. They then have specific guidelines for the type of help they can receive in either of these situations.

A temporary financial hardship is short term. Something happened which prevented a person from making their mortgage payments. An example would be a person lost their job. They were out of work for one year. They were able to make their mortgage payments for the first seven months. However, they were not able to make any payment for the last five months. They have since found work. Their income is sufficient again for them to make their regular monthly payment.

They don’t qualify for a loan modification under the Making Home Affordable Modification Program. However, they don’t have the money to pay the total they owe for the five mortgage payments they missed.

Fannie Mae has instructed their mortgage company to offer them a temporary hardship forbearance. This simply means that there will be a temporary suspension of their mortgage payment. This is followed by an arrangement with the person to repay the five payments missed.

A person does not need to have missed any mortgage payments to qualify for a temporary hardship forbearance. However, in their case, their inability to make a mortgage payment has to be imminent.

If they have not missed a mortgage payment yet, this temporary hardship forbearance can be for 6 months. It can be extended to 12months. For the period to extend beyond 12 months Fannie Mae has to give written approval.

If the person has already missed making their mortgage payment, the temporary hardship forbearance can be for 12 months. If a longer period is necessary, Fannie Mae has to give their written approval.

Full Article

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

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Tags: Loan, Modification
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Riding the Foreclosure Wave to a Better Life

Friday, November 6th, 2009

Are you thinking about climbing aboard the wave and riding the foreclosure wave to a better life? 2009 has seen the home mortgage industry be turned over onto its head and the casualties that are seen on a daily basis anywhere in America are disastrous at best. From the small Middle America towns to the hustling bustling big metropolitan areas the scene has been repeated since the start of the recession.

There exists a movement to uncover these failed mortgages and busted dreams then profit from their mistakes. There are many names for this type of opportunistic business person and regardless of the meaning and feeling behind those titles there is one undeniable fact. There is a very good chance to recover from debt by purchasing one or a few of these homes in a foreclosure sale and buy.

The first step in searching for these foreclosed homes is to research the neighborhood. Now the knee-jerk reaction for some buyers will be to scan the Internet for list that show the listed and sometimes unlisted bank takeovers and then go after those regardless of the location. When you first start out I recommend you start buying local. The reasoning behind this, think globally yet act locally, is that besides money-savings for travel there are enough foreclosures in the town called home. The percentages do not tell a lie and the truth is that the severity of the foreclosure problem is everywhere in every town and city in the United States.

Full Article

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

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Tags: Foreclosure
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Foreclosure Taxes

Friday, November 6th, 2009

Imagine this, you get a bill from the IRS for unpaid income tax after you filed your tax return. You think to yourself, “How on earth did I not pay enough in tax? It gets deducted automatically from my paycheck.” You read through the bill to find that the IRS says you did not report this additional income of $160,000. How does this happen? Listen carefully.

Let’s talk about why you should avoid foreclosure. You may think to yourself, “I don’t really care about how it will affect my credit.” You may not care about the problems that may occur from foreclosure. I hear this far too often from home owners losing their home to foreclosure.

But, did you consider this. There is tax liability with foreclosure that you may not be aware of. When a property is foreclosed on ownership transfers to the lender. The lender then sells the property to recoop their losses. The amount of your loan balance minus the proceeds from the sale of the property equals the amount of your cancelled debt. The lender writes off this amount to the IRS with a 1099 form. This amount is then counted against you as taxable income by the IRS. That’s right, the amount that is left unpaid on the loan is now your tax responsibilty.

On the flip side, selling your home as a short sale is different. A properly negotiated short sale may significantly decrease the amount of cancelled debt which makes your tax liability less. Why is this? The amount you can sell your home for as a short sale is generally greater than the amount the bank can sell your home for after they foreclose on it. Consider the amount the property loses in value from the time the bank forecloses to the time they sell it. The lentgh of time from foreclosure to sale can be a few months or even a year depending on the banks inventory of foreclosures. The fact that the lender will receive a lower price for the home after foreclosure is due primarily to the cost of the foreclosure process, the value that is lost just from being a vacant home, possible vandalism, and Realtor commissions.

Full Article

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

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Tags: Foreclosure
Posted in Real Estate | No Comments »

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