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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 4th, 2009

Foreclosure and Short Sales

Friday, December 4th, 2009

With all the safety measure, you might try to stop the foreclosure. But what will you do if the foreclosure still hit your house. You will certainly be in disarray. But what you can do? This is certainly a very big question. However you will get the answer to this question in this article. I would precisely say that the short sale is the best option in this case. But the question is how it is the best option. So, let’s see how it is the best option? So you know that even the lender is at loss if they go for the foreclosure. Hence, they too want to avoid foreclosure. They are definitely happy if you put forward your case in front of them in hope that someday or the other you will pay them their money. Hence, they see a ray of hope. However, if you will keep mum, then not only you will be in trouble, in fact the lender will also be in disarray. This is certainly a very bad sign. So both the homeowner as well as the lender will look for some solution.
The short sale is certainly one of the solutions.So let us talk what the short sale really is? Let me tell you that this happen with the mutual understanding of the lender and the homeowner. They choose a buyer and both of them agree to bear the loss to some extent. You will be quite surprised to know that how the lender can agree for short sale. But this is a truth. You will understand the reason behind it by reading the following few lines. Generally the lenders loose more through the foreclosure. Hence they always feel that they should avoid it. Just think that you are selling the house at less than half the rate. This is certainly not good for anybody except the buyer.

Full Article

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

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

Common Bankruptcy Myths

Friday, December 4th, 2009

MY BILLS MUST BE DELINQUENT, THE CREDITORS MUST BE CALLING, AND I MUST BE BROKE TO FILE.
This is FALSE. If your bills are beginning to create anxiety and you see that you will not have the ability to pay them in the future, you do not have to wait until it is you are seriously delinquent and the creditors are chomping at your ankles. With a proper consultation with an attorney and good planning, you can avoid the stress of the lawsuits, judgments and wage garnishments that creditors will use to collect. You will also be able to protect your assets and avoid liquidating them trying to pay your bills.

I WILL LOSE MY HOME IF YOU FILE.
This is FALSE. If you have a mortgage in place and can afford to pay that mortgage, there is no reason the bank will try to take your home. If you have equity in your home in excess of the mortgage, each state has different levels of protection for homes. New Jersey doesn’t have a state exemption but you can elect the federal exemption which is $20,200 of equity per homeowner ($40,400 of equity for married couples).

MY CREDIT WILL BE RUINED IF I FILE AND MY CREDIT SCORE WILL PLUMMET.
This is FALSE. If you are in a late on your bills or have your credit cards maxed out, your credit score probably has already been dragged down significantly. The exact measure of a credit score is unknown, but just having too much credit outstanding (your debt to credit ratio) even if current can reduce your credit score.
In fact, after a bankruptcy discharge you are a much better credit risk than just about anyone else, creditors will consider the following:

-You have a clean financial slate.
-you most likely have little or no remaining unsecured debt
-you have just completed two course – one on credit counseling and the second on financial management
-you have just put together a household budget and have used the process to strip the unaffordable debt from your budget
-you understand clearly the implications of poor credit management
-you can’t file another Chapter 7 for 8 years

EMPLOYERS WON’T HIRE ME AND I WON’T BE ABLE TO RENT AN APARTMENT IF I FILE.
This is FALSE. Employers do not like to have employees that will be distracted by creditors and their collection tactics at the workplace or at home, because then the employee is unfocused and anxious about their financial situation. Neither does the employer want to deal with the extra accounting caused by wage executions. Furthermore, landlords prefer tenants who can use their salary to pay rent, not those paying creditors instead.

Full Article

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

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Tags: Bankruptcy
Posted in Bankruptcy | No Comments »

Stop Foreclosure Facts

Friday, December 4th, 2009

You might be a home owner who is trying to stop foreclosure. If this is the case then this article is for you. In this article I am going to present some of the very good foreclosure solutions which will certainly be a great help to all the home owners who are being affected by the foreclosure. The main reason behind the foreclosure is that you are not able to pay back the loan in time and you can now not pay it back at any cost. You might have been declared bankrupt. If you are a bankrupt then nothing will happen to your house. But is the bankruptcy the only solution. Certainly not, this is the last alternative which you can choose. There are plenty of techniques which you can choose in order to avoid foreclosure. There might be many reasons for you to loose your money and all of them might be genuine as well. Some of them are:

You might meet an accident and loose your whole money in the hospital. This is a very genuine reason and you can let your lender know about it.
There might be family medical emergency as well. Suppose someone in your house fell ill and you loose all the money in the treatment process. It is quite sure that you will not be able to pay the installments.
Suppose somebody in your house dies. It is quite sure that your family will be in state of bother. How can you pay the installments in such situation? It is virtually impossible for you.
Suppose, you are demoted, then as well you might feel the money crisis. There are many more reasons as well. However you can always let the lender know about it and it is quite sure that he will listen to you. They are also the human beings and hence they will certainly have the sympathy with you.

Full Article

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

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Tags: Foreclosure
Posted in Real Estate | No Comments »

Rights During a Foreclosure

Friday, December 4th, 2009

So many people believe that once they receive the letter from their mortgage company that the home has entered the foreclosure process, they have to leave. This is the absolute last thing you want to do. Even though the foreclosure process has begun, you are still the legal owner of the home and it will remain that way until you sell it or it becomes sold through a foreclosure auction. Why leave the house unless you have to, especially if you would like to keep it.

If you do want to keep the house, you want to make sure that you are looking through all of the options that are available to you out there. The more you research, the more you will find that there are so many ways you can get the funding you need to save your home. Even your mortgage company may have a few options for you to look into. Many mortgage companies can offer their borrowers repayment plans, loan modifications or maybe even a refinance. Speaking of refinance, you can still go out to other lenders to seek financial assistance from them. You can refinance your home with another lender, which will automatically stop the foreclosure proceedings. Some people are told that they do not have this option while the home is in foreclosure but you do. You can even sell the home if you like.

Full Article

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

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Tags: Foreclosure
Posted in Real Estate | No Comments »

Bankruptcy Law

Friday, December 4th, 2009

Among different debt options to get your finances back on track is bankruptcy, a pretty drastic measure that can sometimes do more harm than good. That explains why in many cases filing bankruptcy is considered a last resort to give a debtor a “fresh start”. However, due to the New Bankruptcy Law that went into effect October 17, 2005, declaring yourself bankrupt has become more expensive and complex than what it used to be. What’s even worse: due to this new regulation, less filers will actually be able to get a “fresh start”.
Chapter 7: most of the debt is cancelled, giving the debtor a “fresh start”. A consumer’s assets (minus his exempt property) are liquidated and given to creditors. Chapter 13: the debtor is placed on a repayment plan for up to five years. Less People Will Be Able To File Under Chapter 7 This means less people will get a “fresh start” and more people will be placed on a repayment plan. The new Law specifies that if a consumer has an income higher than the median for his State, he’ll need to file under Chapter 13 instead of 7. Thus, instead of cancelling most of his debts, a debtor will be assigned to a repayment plan. Many Consumers Will Need To Live With Less Money The court used to decide what were considered basic living expenses to calculate a debtor’s disposable income. Under the new law, the IRS will settle these expenses for debtors whose income is higher than the median for their State. The downfall of this regulation is that, for the most part, the allowed expenses assigned by the IRS are lower than actual living costs. For example, the IRS might not consider paying for cable or internet as a basic need that should to be covered. As a result, consumers will find themselves with less money to spend in their daily lives.

Full Article

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

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Tags: Bankruptcy
Posted in Bankruptcy | No Comments »

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