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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 8th, 2009

Declaring Bankruptcy

Tuesday, December 8th, 2009

Today, many people are deciding to declare bankruptcy. With so many people being laid off, a lot of people are deciding to file for bankruptcy but you need to realize that it is not for everyone. There are other ways to pay off debt without going to such an extreme; indeed, an option that should be used only as a last resort.

Before deciding to declare bankruptcy, the first thing that needs to be done is to make an appointment with a bankruptcy lawyer. Find out what type of bankruptcy they handle because there are two types and not all lawyers handle both types. Some bankruptcy lawyers will even give clients a free evaluation to see where they are financially. This free evaluation should be done in person, since that is far more effective than trying to do it over the phone. Sit down and talk to the lawyer, discuss your options. The lawyer is there to help the person who is in debt. Don’t be afraid to tell them your financial situation. The lawyer may have other options for you.

Once the lawyer decides if it is necessary for you to declare bankruptcy, then he or she will tell you which type they think will be best for you. The lawyer will explain to the client how much their fees are to file. A Chapter Seven bankruptcy is when all debts are gone once the bankruptcy is filed. Chapter 13 bankruptcies require the debtor to pay the debt out in three to five years. Chapter Seven is the hardest only because the debtor needs to do many things before they can file. The lawyer will first fill out all of the paperwork with their client and list all of their debts. Fill out information on their debts online and pay the full amount of the bankruptcy.

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

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Tags: Bankruptcy
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Stopping Foreclosure

Tuesday, December 8th, 2009

When it comes to stopping foreclosure you need to be warned because state laws regarding foreclosure differ, and you will do well to be conversant with the terms that the state offers in which you are. That will help to decide what actual actions you take to stop the foreclosure. You have to understand, that ‘Notice’ is a legal notification that the foreclosure process is about to begin, and you don’t want to overlook that.

That aside, you should seek out the loss prevention or loss mitigation department of the mortgager, which takes care of the foreclosure dealings; see if you can work the plan with them. Seeing, they will only foreclose when you leave them no choice, as such; for you being there at that time shows that you are for real and you are really serious about working with them on a solution.

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

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Tags: Foreclosure
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Government Modification Plans

Tuesday, December 8th, 2009

The government’s programs to help stop the foreclosure crisis were probably started with the best of intentions. Optimism, however, can not cover for economic unawareness and an unwillingness to face the facts of the declining housing market. Prices are dropping and more people are facing the loss of their homes due to the poor lending decisions created by cheap, easy money and the erosion of lending standards.

As well, many of the government’s programs suffer from the same problems. Unfortunately, with each failure, the past initiatives are not canceled. Instead, they are further funded, grow bigger, change names, or a similar plan with only superficial changes is layered on top of the old one. The former plan loses steam, while the current one, almost identical to all previous ideas, is announced with far greater optimism than is deserved. But the problems are never solved. Voluntary participation, unaccountability, lack of responsibility to do anything by the lenders or servicing companies, lack of penalties for not complying with the regulations, and all the power given to the banks are just a few of these issues. They have been the same complaints from consumer advocates and homeowners from the very first plan put in place by the government.
Servicing companies and lenders, for instance, have almost all of the negotiating power that borrowers do not have. When lenders are given the choice of participating in the voluntary government initiatives, compliance is often lacking and few resources are dedicated to meaningful loss mitigation efforts. The lender decides how much to participate in the plan and has all of the financial power.

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

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Tags: Government, Modification
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Avoiding a Short Sale

Tuesday, December 8th, 2009

A short sale in real estate is caused when a home-owner owes more than the value of the property. In order to better understand a short sale, an example would help. For example, lets say a home-owner owes $450,000 on the value of the property and the home is worth $300,000. If the owner were to sale the home, he would technically owe $150,000 on the property. Since the current owner falls short of money when he sells the property, the bank/lender can negotiate on the price of the home. The lender decides to take a value less than the value owed on the property and this avoids foreclosure.

In order to avoid a short sale, a new program for reducing the principal balance on the current home loan is available. With this program, the home-owner will get positive equity back in the property, avoid the short sale and still keep the home. In the above example, the owner will get a new loan for 90% of the current market value of the home or $270,000.

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

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Tags: Sale, Short
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Bankruptcy to Stop Foreclosures

Tuesday, December 8th, 2009

When you file for bankruptcy, an “automatic stay” goes into effect. What this does is, it prevents your creditors from moving ahead with any collection efforts — for the moment at least. In order for a creditor to get around this “stay,” they would have to petition the bankruptcy court to lift it.

How You Can Still Lose Your Home Even If You File for Bankruptcy Consider this: Let’s say your house is about to be sold the courthouse steps. So, you file bankruptcy to prevent this from happening.
Your mortgage holder will petition the court to lift the stay. And, they are likely to get it lifted if you can’t pay the arrears, you don’t have any equity in the house and your finances bear out the fact that you really can’t afford the monthly payments. The reason is, creditors have a right to sell any of your assets in order to collect a debt you owe them. And in this case, the asset happens to be your home.

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

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Tags: Bankruptcy, Foreclosure
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