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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 December, 2009

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New Federal Regulations for Short Sales

Thursday, December 31st, 2009

New guidelines for short sales were finalized by Obama’s advisers on November 31, 2009. It is the hope of the administration that the use of short sales will reduce the amount of losses on failing properties. These new regulations would allow the buyer to get out from underneath their loan by selling their home to a new potential buyer for an amount that is less than what the balance due on the home is. This type of transaction would still require approval of the lender. The amended program would also allow the buyer to transfer ownership of the property to another more capable buyer by using a “deed in lieu of foreclosure”. Short sales are considered to be more cost effective than allowing the home to enter into a foreclosed state. Foreclosed homes wind up losing value due to the fact that they become vacant properties, and in a lot of cases receive extensive damage from vandalism.

Included in this amended program is a provision that allows the buyer to receive $1,500 if they sell their home for an amount that is less than what is owed for the property. Additionally the plan pays $1,000 to the mortgage service company that completes these types of transactions. This program has become available to buyers who have applied for the federal mortgage modification program, but were turned down because of qualification issues. Others may qualify for this federal assistance program if they are in arrears on an already modified loan, or seek a deed in lieu of foreclosure transaction. It is the Obama’s administrations hope that the reworked $75 billion foreclosure prevention plan will slow the already staggering foreclosure totals to a manageable amount. In addition to making short sales less painful for both the buyer and the seller, the plan includes financial incentives to banks and mortgage companies to rework defunct loans.

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

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Tags: Obama, Sales, Short
Posted in Real Estate | No Comments »

Foreclosure Process

Thursday, December 31st, 2009

Foreclosure is a legal proceeding designed to bar or to extinguish the rights of a mortgagor to the property mortgaged. Facing foreclosure in Morris County or any area is a trying situation. This does not involve financial matters alone but it may bring about emotional issues. Finding the solutions alone is never and will never be the answer. You may be not ready enough to do this on your own, the reason why you need someone who can help you out and assist you through the whole process. Knowing the basics of foreclosure and evaluating your options are indeed necessary. A lender who wants to protect an interest in a loan may create a security interest in some collateral. If the lender follows the requirements for creating and perfecting a security interest, the lender will have a security interest in the property. If the borrower does not repay the loan under the terms of the contract, the lender can repossess (retake) the property. Usually the lender prefers to have cash and thus will sell the collateral. If the collateral is real estate, the loan will be called a mortgage, and taking possession of the property will be called a mortgage foreclosure. A person who buys repossessed property or foreclosed property buys only the seller’s legal interest. The purchaser may lose the property if the foreclosure or repossession was wrongful.

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

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Tags: Foreclosure
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Stages of Foreclosure

Thursday, December 31st, 2009

Finding a great deal in a house that is being foreclosed upon can be very profitable. With the market as it is at the moment, there are so many of these deals available that whoever thinks that there is no money to be made in the real estate market right now needs to re-evaluate their point of view. With the market taking a plunge as it did, many people fell subject to financial difficulties. For this reason, among others, the number of foreclosures on the market skyrocketed. There is money to be made during any and all of the three stages of the entire foreclosure process. From the time the home or property is initially in its beginning stage, which means that it is in pre-foreclosure, to when it is actually is in foreclosure and even when it is officially in post-foreclosure. Some of the questions that come to mind when reviewing a piece of real estate that is in one stage of foreclosure or another are when the process actually begins, when does it end, and during which stage can the home be purchased. The entire process from pre-foreclosure to post-foreclosure is a relatively drawn out one that can take several months. Many buyers may think that the only time that the property is actually available for sale is when the bidding wars begin at public auction. When in actuality, the home or property can be sold at any one of the aforementioned stages. The public at large may be made more aware of its availability during an auction that is marketed to the public at large, but that does not necessarily mean that it can only be sold there. There are three ways in which distressed properties can be purchased and sold. In the first stage, or pre-foreclosure, the homeowner has probably fallen behind on a few payments and has received a letter of default by the bank or lender who may potentially take possession of the home. The person still has possession of the home and is generally given an opportunity to make good on the loan.

Investors can usually contact the homeowners directly and make an offer to take the home off of their hands. Many times buyers can simply offer to take over the payments of the existing loan. This is a good strategy to entertain, especially if the homeowner en route to bankruptcy and wishes to avoid it. Distressed homeowners are also usually more likely to entertain offers during this stage because they do not wish to further damage their credit rating. Even though home or property is not officially made know to the public, hungry investors use their resources to find out even before it is put on the market to the masses. These properties can be located though a variety of sources. Having a good working relationship with local real estate agents and brokers will generate a number of great leads. Other potential ways to locate these properties is through accounts, lawyers, business associates and friends.

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

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Tags: Foreclosure
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Alternatives to Foreclosure

Thursday, December 31st, 2009

Facing foreclosure is indeed a harsh situation wherein you have to deal with tough financial and emotional issues. The time runs fast once you get behind on your mortgage so you have to know this and be aware of this. This article will aid the homeowners who find themselves behind on their mortgage payments and facing foreclosure. Foreclosure is a legal procedure in which a mortgage holder reclaims a property due to default on a loan. Stopping foreclosure may not sound easy and clear for homeowners. But the point is, the more you know, the better prepared you will be and the more chances you have of stopping, or at the very least delaying, the foreclosure process. You have to take into account few important things. Remember that if you do not take any action right away, you may lose your home to foreclosure, your credit might be broken and you may still owe your lender money. Having your home in foreclosure can be embarrassing but it doesn’t make you a bad person. Don’t lose hope because you can still stop that foreclosure. There are several alternatives you can choose from in order to save your house from foreclosure. Certified lenders can direct you to several loan programs on hand for your situation. There are also lenders who will refinance homeowners facing foreclosure especially if you desire to keep your home and you have equity. Or you may be better off by selling your home and starting anew. This opens up a lot of possible actions and should be tackled straightaway.

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

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Tags: Foreclosure
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Tips to Avoid Bankruptcy

Thursday, December 31st, 2009

Too many people look upon filing for bankruptcy as an easy way out of their financial problems. But, even though bankruptcy may take away some of your immediate problems, it brings with it a host of other problems that have a lasting impact on your future. That is why many people struggle to avoid bankruptcy.
Certain legal changes in the US require people who file for bankruptcy to:
-Appear for mandatory finance management classes
-Appear for mandatory credit counseling
-Continue paying creditors
Besides these, there are the long term repercussions of bad credit rating to be considered. Bankruptcy appears on your credit rating sheet for at least 7 years. A bad credit rating makes it impossible for borrowers to borrow money at standard rates for a period of 10 years. So, you will be required to pay a higher interest rate in case of future loans. Many creditors avoid giving loans to people who have filed for bankruptcy in the past. But, your problems do not stop there. Your credit score divulges a wealth of information about you; and your creditors are not the only people who are interested in this. A lot of people are taking a peek at it, including insurance companies and prospective employers. As you can see, a blemish in your credit report has wide reaching consequences, so it is vital that you try your best to avoid bankruptcy at all costs. Far too many people are living from paycheck to paycheck and the current financial scenario is not conducive to that attitude. You never know when that paycheck is going to stop coming. So, you need to start building a nest as soon as possible. This is the safest and surest way to avoid bankruptcy.

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

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Tags: Bankruptcy
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Bankruptcy

Wednesday, December 30th, 2009

Bankruptcy is debtor protection provided by the federal government to help businesses and individuals repay their debts or eliminate them by means of liquidations or reorganizations. The Bankruptcy code is divided by chapters and that is how bankruptcies are referenced. A Chapter 13 bankruptcy is a bankruptcy where debt repayment plans are reorganized in a manner that allows the debtor the ability to repay those debts; however, that type of bankruptcy isn’t ideal for everyone and they made need to file a Chapter 7 bankruptcy. A Chapter 7 Bankruptcy is a liquidation bankruptcy where the debtor is only allowed to keep a certain amount of property, as described below, and all the other assets belonging to the debtor is sold off in an attempt to repay the creditors, the companies and people the debtor owes. A person is only allowed to file a Chapter 7 Bankruptcy every 8 years.

When a person files a bankruptcy petition, a Bankruptcy Estate is created. The Bankruptcy estate contains everything that the debtor owns and all of their equitable interests. This is then under the control of the Bankruptcy Trustee. The chapter 7 trustee is an individual appointed by the courts to administer the estate and is entrusted to try to find and liquidate all the assets of the debtor’s and repays the creditors as much as they can from the sale of the assets. Before the decision to file a Chapter 7 petition is done, a Disposable Income Test and a Means Test should be done to determine if the debtor meets the requirements necessary to file. The Disposable Income Test is used to determine whether the debtor has enough income left over after paying necessary monthly expenses, to pay off at least a portion of their unsecured debts. If the disposable income adds up to more than the statutory amount set for the debtor’s location, they will fail the means test and cannot file for Chapter 7 bankruptcy. The Means Test is the method used to determine if the debtor makes more than the median income level for their geographic location. If their income is less than the median amount, they are allowed to file; however, if they do make more than the median amount, then the Disposable Income Test must be used.

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

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Tags: Bankruptcy
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Stopping Foreclosures

Wednesday, December 30th, 2009

For those folks who have been trying their best to figure out how to stop foreclosure, there are some things you need to know. In the current economy, it can be very difficult for homeowners out there. Most people have found this out and they have also found that lenders are not so kind when you are dealing directly with them. When it comes time to make decisions, they are going to act in their best interests and they aren’t really going to take your needs to heart. With that in mind, you as a current home owner will want to stop foreclosure by working with someone who is actually going to represent your end of things in the deal. If lenders are not looking out for you, then who is? This is a difficult question for home owners because there can be times when it feels like you are alone in dealing with a mortgage. You are working hard, trying to make the payments and do the right thing. The problem is that you don’t seem to have any allies out there. Those trying to figure out how to stop foreclosure should know all about the loan modification process. This is something that you can ultimately use to fight off foreclosure. Getting involved in the process requires you to work with a professional who is versed in loan modification. There are plenty of professionals out there who understand the process and they can work as your advocate. When the lenders are looking out only for their bottom line, they are not going to listen to you. They will foreclose on your home and sell it to the highest bidder, just to make sure that they get something out of the process. When you work with an individual that has your needs in mind, you can actually get a solution before it gets to the point of foreclosure.

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

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Tags: Foreclosure
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Avoiding Foreclosure

Wednesday, December 30th, 2009

There are some questions in the financial world that are a little bit more difficult to answer than others. One of those is how to avoid foreclosure. The most obvious answer to this question is that foreclosure is best avoided by meticulous planning and attention to detail. You avoid it in the future by making smart decisions on your current mortgage, with an eye towards how much money you can earn coming up. That is not the reality for many folks, though. Many people are in a situation where they are going to lose their home if they don’t come up with a way to stop foreclosure now. They are wondering how to avoid foreclosure right now. The key to saving your home from foreclosure if it seems imminent is getting the type of help that can actually change your mortgage. What you should understand about mortgage lenders is that they don’t have your best interests in mind. The fact of the matter is that these people mostly just care about their bottom line and they just care about profiting from your loan. If you do not have the ability to make payments on time, then they will foreclose and sell your home to someone else. This is not a good solution, which is why you should be working with a loan modification specialist.

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

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Tags: Foreclosure
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Loan Modifications

Wednesday, December 30th, 2009

One of the biggest, most important questions that any struggling home owner will ask is how can I stop foreclosure? When it gets to the point where foreclosure seems like the only option, you have to look for some creative ways to get around it. After all, no one wants to lose their home because this can cause damage to your family in more ways than one. With that being said, stopping a foreclosure goes well beyond the banks and mortgage lenders. Unfortunately they don’t offer the kind of help that you are going to need and for the most part, they are out for their own good. There are some financial entities that can help, though. Stopping a foreclosure begins with getting in touch with a professional that is versed in the loan modification process. This is something that many people don’t know they have in their arsenal and for many it can be a top notch alternative. The problem with the loan modification process is that it’s difficult to initiate on your own. The lenders can be tough to work with and it can be frustrating when you are trying to come up with a solution of this nature. If you work with a professional who is versed in the process, he or she will be able to show you exactly what steps are necessary. Stopping a foreclosure through loan modification starts by seeking out a professional. They will show you the ways to delay your payments and the ways that you could possibly change the terms of your mortgage. With the economy in its current state, things can most certainly change from the time that you sign on with a mortgage lender to where you are now. Loan modification professionals understand this and they can be your advocate through this somewhat difficult process.

Full Article

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

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Tags: Loan, Modification
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Bankruptcy Tips

Wednesday, December 30th, 2009

There are many options for getting rid of your credit card debt. But are you confused by the large number of choices. Look around to find that you are not the only one who is confused. Most credit card users who have built up a huge debt are in the same state as you are. They are all confused by the choices open to them to eliminate credit card debt. Debt relief can be difficult to understand. You may have choice in the form of counseling, consolidation and debt settlement and bankruptcy. They are in the order of severity and should be applied in the same sequence. The bigger the debt, more complex will be the solution. Let us assume that you have a problem in managing your debt. Credit card debts are bothering you with your time management. Due to a badly managed debt plan you have been suffering financially too. Counseling is the best option for such issues. The counselors will help you to get things in order. They will also advise you to save some money and reduce your expenditure. The next situation one can look at is you have over $2000 in debt in three credit cards. The debt is gradually growing on its own due to interest and late fees. You are the right candidate for consolidation. The counselors will help you to transfer all the credit to one account and manage a lower rate of interest.

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

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Tags: Bankruptcy
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