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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 17th, 2009

Avoid Foreclosure

Thursday, December 17th, 2009

Doing Nothing Isn’t the Answer. Foreclosure is affecting more Americans than ever before. You see it on the news constantly, and are always hearing about the crumbling housing market and the people that are losing their homes because they can’t afford to pay their mortgage. Too many of these people waited too long to do something about their financial troubles, or got in over their head with their purchase, and are now paying for their mistakes. If you want to know the easiest answer to how to avoid foreclosure, you might be surprised at how simple it really is. The best way to avoid foreclosure is to never get a loan that you can’t afford to pay back.

Many of the people that are facing foreclosure in today’s economy were buying homes in a good market years ago, when mortgage companies and banks were happy to lend $200,000 to the people who barely made enough to make the monthly payment on a loan of that size. They figured the economy would improve over time, and people would be just fine paying back their loans. Now, both the banks and the borrowers alike are paying for their decision, which leaves many homeowners trying to figure out how to avoid foreclosure. If you are past the point of overpaying for a home or buying more than you can afford, you might be wondering how to avoid foreclosure at this point in the game. First, you need to assess your financial situation. Get rid of any expenses that aren’t necessary. Pay off credit cards if you can, avoid wasting money on entertainment or unnecessary expenses, and re-evaluate your financial ability to repay your debts. Get help from a credit counselor if you need it, because you can find many solutions that you might not have thought of on your own. If it comes to a matter of not being able to pay at all, call your Mortgage Company or bank.

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

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Tags: Foreclosure
Posted in Real Estate | No Comments »

Short Sales

Thursday, December 17th, 2009

As I have been writing throughout my articles, the short sale is a great tool and can be used for two purposes. It can help you stay in your home as long as possible or it can help you actually sell the house at a discounted price and avoid foreclosure. To answer the question if the short sale is successful means to clarify your intentions first. If you want to stay in the house, any approved short sale offer is a bad outcome. It is clear to see that depending on your intentions the actions you have to consider are different.
-The first thing to do when opening a short sale process is to find a buyer. No buyer – no short sale. Then you have to sign a purchase contract with him. Usually the price is very low, which does not matter for the first submission. Any reasonable price will do. Do not forget to ask the buyer to provide an approval letter from his lender.
-Prepare the short sale package and submit it (usually by fax). You can check my article about preparing the package. Make sure that you write your loan number on each page (very important). Check in a week to see if all of the documents have been posted on your account. If not, fax everything again.
-In a few months you will receive a call from a real estate broker to perform the BPO (broker price opinion). The result of the BPO will give the lender an idea about the fair market value of the property. The BPO can make or break the deal (whatever it means).
-If you use the short sale as a tool to prolong the foreclosure process, you want the offer to be rejected. Hence the higher the BPO – the less chances of acceptance. On the day of the appointment, make the house look very nice. Point out all of the good features and behave as a proud homeowner.
-If you really want to sell the house, then you want the offer to be accepted. On the day of the appointment do not even make your bed. The saying “the worse, the better” works perfectly in this case. Talk to the real estate broker and explain that it is a short sale and this is your only way out of foreclosure.

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

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Tags: Short Sale
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Bankruptcy Advice

Thursday, December 17th, 2009

When reeling under a huge burden of debt one tends to think only negatively. Surely bankruptcy is one of the solutions to your problems. Most people giving bankruptcy advice will tell you so. Yet some well wishers and friends will tell you to have a close look at other alternatives. I would also advice you to consider the repercussions of bankruptcy. You had a nightmare the other day; “You have lost your house. You kids are on the road and your wife is about to walk out on you. Gone with the house are your furniture and clothes.”

The thought is indeed dreadful. The picture will depend upon the state protection you enjoy under the rules for bankruptcy. Basically you are given protection vide chapter 7 for small business under two categories; future assets and current assets. All your non exempt assets will be taken over. Now the rules for exemption vary from state to state. Just to give you an example most states provide homestead protection if you are living in your own house. The cost of the house is laid down. States like Florida, Iowa and many others provide unlimited homestead protection. It means you could be living in a million dollar mansion but it will enjoy protection under bankruptcy. However some states like Maryland and Delaware provide no homestead protection at all. So the risks vary from state to state. Be cautious of Bankruptcy Advice from your friends. Under chapter 11 your future earnings are under obligation for almost five years as per the new laws. This will involve an even greater risk to leading an obligation free life. Therefore this too is bad Bankruptcy Advice.

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

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Tags: Bankruptcy
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How Does Foreclosure Work

Thursday, December 17th, 2009

Whether you are facing foreclosure or thinking about investing in foreclosure properties, there is one question you have probably been asking: How does foreclosure work? It is important to understand the foreclosure process in order to be able to make the best possible choices, regardless of which side of the foreclosure fence you are sitting on. Unfortunately, the answer to the question, ‘how does foreclosure work,’ varies from one state to the next. Each state has its own guidelines and rules for lenders to follow when foreclosing on a home. Although there are similarities, it is necessary to research the rules for your state in order to find out the details of how foreclosure is handled in your area. Here are some things to check when you are researching your state’s foreclosure laws.

First of all, each state has rules specifying how late the payments must be before the foreclosure process begins. Knowing how long you have before the foreclosure process can start is helpful if you are falling behind on your payments and want to save your home from foreclosure. All states require lenders to give owners some sort of notice before beginning the foreclosure process. You will usually be given a certain amount of time to catch up all of your payments, including late fees, in order to reinstate the loan. If you are unable to do so, it is extremely important to contact your lender right away to try to work out a payment plan or other arrangement. The longer you wait, the less likely the lender is to work with you. After the borrower has been given the required notice and has failed to catch up the payments on the loan, the lender will be able to proceed with the foreclosure process. In some states, this involves going to court to set a date for a foreclosure auction. In other states, the lender can set the date for the sale without a court order. Either way, the lender will be required once again to give notice prior to the sale date. In many areas, this is done by publishing a notice in the legal section of a local newspaper. The lender may also be required to post the notice at the property or mail it to the owner’s last known address.

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

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Tags: Foreclosure
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Bankruptcy vs Debt Settlement

Thursday, December 17th, 2009

Christmas is the right time for you to get over all your sorrows and look forward for some good times ahead. For most Americans bugged with credit card debt it is a damp Christmas with little cheer. They need to do something immediately to move out of this circle of debt and take quick steps towards becoming debt free. The options available for most credit card owners are either bankruptcy or debt management. The bankruptcy Vs. Debt settlement debate has been very actively followed all over the country. There are proponents for both the camps in the Bankruptcy Vs. Settlement debate. Both have their own set piece logic and reasoning to prove that one is better than the other. Let me tell you, it will depend on your situation. There are a whole lot of factors that will dictate whether bankruptcy is better or debt settlement is a winner.
The Bankruptcy Vs. Debt Settlement will hinge on the following factors
How much is the total debt incurred by you?
Which is the state you live in?
What kind of home do you own?
What are your current assets and future earnings?
What is the extent of protection enjoyed by you under bankruptcy laws?
If you are taking the debt settlement route remember that you have to pay 40 to 50 percent of the outstanding amount over a period of next three to five years. You may get a waiver of almost 60 percent of your net outstanding amount. However the creditors have to be convinced about your ability to repay.

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

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Tags: Bankruptcy, Debt
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