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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 9th, 2009

How and When to File Bankruptcy

Wednesday, December 9th, 2009

A lot of people ask when they should go bankrupt, without thoroughly examining ALL their options. Bottom line, bankruptcy should usually be considered your last option as there are so many other possibilities these days. Why?The country is facing tough economic times right now. There are millions of Americans in financial difficulties. In some ways, this makes things easier for people in that so many people are having problems. For instance, so many homeowners are having trouble making their mortgage payments that the banks and mortgage servicers have HAD to make new procedures and ways to deal with the crisis. Mortgage modifications are, in some ways, much easier to get done these days. Short sales are easier as well, as lenders try to forestall the cost of foreclosures.

Of course, with so many in financial distress, the system gets overwhelmed. It’s tough to even talk with the right people in the financial institutions. But even that can be used to your advantage… when homeowners who stop paying their mortgage might have been out of their home in just months in previous years, now it generally takes much longer, even years. So, how does this all affect when you should file bankruptcy? Step one is to determine if there are any other options you have, ones in which you could avoid bankruptcy.

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

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Tags: Bankruptcy
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Can Filing For Bankruptcy Affect Your Job

Wednesday, December 9th, 2009

If you’re in debt and thinking about ways to end your bill problems, you’re worried about your privacy. Who will find out about your issues, and what kind of effect it will have on your major barriers to getting out of debt. After all, this is a personal issue – not something you want to discuss with the world. Under normal circumstances, your employer won’t find out that you’ve filed for Chapter 7 or Chapter 13. The exceptions to this rule are:

Your payroll department may be notified to discontinue an income execution (wage garnishee).
If you file a Chapter 13 bankruptcy and your court requires Plan payments to be made through wage deduction then your payroll department will need to know who to send the payments to.
The chances are slim that your employer will take the time to go down to the courthouse and enter your name, social security number and other identifiers in order to find out whether you’ve filed a case. It’s possible, but think about it – how likely is it that anyone has that kind of time on their hands? If your employer finds out about your case, can you be fired? Generally, no.

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

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Tags: Bankruptcy
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Getting Out of Foreclosure

Wednesday, December 9th, 2009

There seems to be foreclosure and for sale signs in every neighborhood. The mortgage payment that you thought you could afford in the fatter times has become a burden. Whether you or your spouse have lost a job or if your monthly payment is too high after your adjustable rate mortgage jumped into the stratosphere, there are options and help out there. The worst thing you can do is not talk to the lender about your situation. It also costs the lender money and time to resell properties that fall into foreclosure. So the lender may be more than happy to work out an alternative to foreclosure. The process is known as a loan modification. It changes the terms of your existing loan instead of getting a new one. To qualify for a loan modification you must be able to document you hardship or change of circumstances, have missed your mortgage payment three or more months, the property must me your primary residence and you must not have filed for bankruptcy. One possible option is to take the late payments and fees and roll them into the loan instead of forcing you to pay them in order to be current. Another would be lowering the monthly payment for a pre-agreed period and tacking on the difference to the principle amount and reevaluating your situation after the period ends. The interest rate could also be lowered for a period of time to bring the monthly payment down.

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

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Tags: Foreclosure
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Mortage Loan Modification

Wednesday, December 9th, 2009

Are you looking for a way out of your current foreclosure without selling your home or ending up with some type of deal that does not fit you right? Did you know that the government has put together money for a mortgage loan modification program that you can use to save your home from foreclosure? There are many things you should know and here are some of the things that come to mind. First, when it comes to your home you need to protect it as much as possible because it is an investment in your future. You also have to have somewhere to live so you should deal with this and make sure you are able to get yourself out of foreclosure. If you do not you might end up living with another family member or renting a small apartment that does not fit you and your families needs at all. Second, when it comes to a mortgage loan modification you can use just about any bank or lender as long as they are participating. They will look at your current budget and situation and help you get out of the current situation you are in. They will get you a payment with the mortgage loan modification program that fits your current budget and will save you from having to lose your home.

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

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Tags: Loan, Modification
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Closing a Short Sale

Wednesday, December 9th, 2009

A short sale is one way to save a property from being foreclosed. However, the process is not easy at all. Some sellers and buyers who went through this type of real estate transaction may even say that it is hard to close a short sale deal. This opinion may be brought about the financial liabilities attached to the property. Basically, a short sale may be a good option if a homeowner defaults on his loan balance, which consequently puts the property on the verge of foreclosure. He should appeal to his lender to discount his balance and permit short selling of the property. Afterwards, the proceeds would then all be diverted to the lending agency. But the finality of this sale process is intensively dependent on the lender. It takes a lot of time before the lending institution would approve the short sale. The bank loss mitigation stage and repetitive follow ups of documentation are only two factors affecting lengthy waiting time for the approval.

In order to be successful with this type of deal, the seller must learn how to put up a proposal the lender would willingly accept. The latter party should also be agreeable to cooperate. Another thing the homeowner ought to have is a listing agent with strong negotiation skills. Such professional could hasten the decision making process of the lending agency. If these are ensured in hand, then the next stage of accepting buyer offers can proceed. Note that there are many properties short selling on the market, thus attractive and right pricing is an utmost need. Once the house is enlisted, buyers can approach the bargain table. However, all the buyers should be ready to patiently wait for whose offer was accepted. The lender once again deliberates the offers. Some offers may be deemed acceptable by the seller, but the lender thinks otherwise. Thus, closing the sale is slowed down once more.

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

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Tags: Sale, Short
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