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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 22nd, 2009

Info to Know Before Filing Bankruptcy

Tuesday, December 22nd, 2009

Some people have a misconception when it comes to Bankruptcy. They do not have a clear understanding regarding what preparation must occur before filing. Does Bankruptcy mean you still owe debts? What requirements must unfold before filing? Here is a basic guideline regarding what to do before signing any Bankruptcy paperwork.

Provide Thorough Lists of Property and Assets
When filing for Bankruptcy, it is common to wonder what will happen to your home, cars and businesses during the process. Will the courts take your belongings away? Will the courts obtain control of your accounts and monetary items? The court will do nothing if you provide a thorough list of all property and assets. For the listed items are protected under Bankruptcy law. On the other hand, if you fail to provide a complete list of belongings, the left out items are unprotected and courts may take seize of those items at any moment. Therefore, be meticulous and list everything to ensure law protects the items.

Be Prepared for Your Credit Report to Remain in Shambles
Filing for Bankruptcy does not mend your damaged credit report. Your credit report will continue to exhibit a negative mark. Do not be fooled by myths that claim otherwise. In addition, Bankruptcy shall stay on your credit report for 10 years. Hence, evaluate if Bankruptcy is the right option for you before tinkering with the process.

Fibbing Leads to Case Dismissals
During any court proceedings, if a person is caught cheating, stealing and/or lying then, most likely, the case will result in dismissal. Therefore, why should filing Bankruptcy be any different? Be honest. Do not hide facts or misrepresent yourself. Do not leave out information regardless if the information is seemingly insignificant. For what may be insignificant to you may be pertinent to the courts. Provide the courts with ample information. Consequently, if you have legal representation, be upfront with him/her. The more you give your Bankruptcy attorney, the more prepared he/she shall be while in court.

Do Not Accumulate New Debts
Do not build any new debts while undergoing the process. If you purposely accrue new debts, thinking filing for Bankruptcy will avert from forcing to pay it back, a jail cell will be your next stop. It is illegal to proceed forth thinking in this manner. Thus, do not think about it. It will only get you into legal, and further financial, trouble.

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

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Tags: Bankruptcy
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Loan Modification Process to Stop Foreclosure

Tuesday, December 22nd, 2009

Many homeowners in foreclosure were encouraged by the announcement of the Home Affordable Modification Program. A new hope emerged. The sad truth was that the optimistic anticipation was short lived. The government program imposed no rules for compliance. There were no clear guidelines to be followed by the lenders. Even the participation of the lenders was on a voluntary basis. This program is going to be the next failure. Instead of solving problems, the government is funding them. I would like a program like “No homeowner left behind!” But the president does not share this sentiment. The result is that the big lenders received billions of dollars without any accountability. They were supposed to “help” the homeowners, but nobody knows what exactly “help” means under the Home Affordable Modification Program. The homeowners have to overcome the biggest obstacle – the unresponsive mortgage lender. The loss mitigation department is not equipped and properly staffed to handle the increasing number of homeowners applying for modification. The miscommunication between different departments continues to cause chaos. Many packages, containing personal information, are lost in the huge stream of not properly regulated communication channels. While applying for loan modification, the homeowners have to work on postponing the foreclosure process. It can be either a forbearance agreement or a short sale. Another new tactic to fight foreclosure, especially in the judicial states, is to challenge the lenders to produce the original note.

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

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Tags: Foreclosure, Loan, Loan Modification, Modification
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Strategies to Stop Foreclosure

Tuesday, December 22nd, 2009

The main reason the rate of foreclosure has kept increasing is for disinformation at the highest level. The vast majority of homeowners could successfully stay in their homes for years if they only knew how to use the law in their favor to legally delay the foreclosure process for many years even without making monthly mortgage payments. Unfortunately most homeowners don’t know how to fight the foreclosure properly and end up losing their homes just in a few short months after being served with the foreclosure summons by their lenders. Here I will show you just a few of the hundreds different strategies that you can effectively use to fight foreclosure against your lender.
A properly formatted Hardship Letter. A carefully crafted hardship letter may work wonder in delaying the foreclosure process indefinitely. A hardship letter is the letter that you use to explain your lender that you are going through a financial hardship and are temporally unable to keep making your monthly payments. This letter is commonly used to apply for refinancing or mortgage modification but it works wonders if molded carefully for the porpoise of stopping or delaying the foreclosure process. A Homeowner Court Hearing. As a homeowner, you have the right to request a Court hearing in your local Circuit Court about your foreclosure filling. This strategy can be extremely powerful if you use it correctly. Just by pushing certain buttons you can keep this process going on for over a year. It must be done properly but you don’t need a lawyer to do this successfully.

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

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Tags: Foreclosure
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How to Keep Foreclosure Off Your Credit Report

Tuesday, December 22nd, 2009

To date, there has been a total of 1,917,514 foreclosures nationwide. These numbers are frightening when you think about the number of families that have been displaced because of losing their homes. As a real estate broker and certified housing counselor, I have counseled many people during their time of financial strain. Families are hopeless and scared and often times lack a clear understanding of what they must do in order to “Keep Foreclosure off their credit report” in addition to saving their homes. People from all social back grounds are dealing with the issue of foreclosure mainly because of situations that are out of their control and the astronomical number of adjustable mortgages that increased. So you ask the question, “How can I keep foreclosure off my credit report” and maintain my credit score? Below are a few things you may want to consider in order to Keep Foreclosure Off
-Short Sale – A sale of real estate in which the sale proceeds fall short of the balance owed on the property’s loan. It often occurs when a borrower cannot pay the mortgage loan on their property, but the lender decides that selling the property at a moderate loss is better than pressing the current debtor. Both parties consent to the short sale process, because it allows them to avoid foreclosure, which involves hefty fees for the bank and poorer credit report outcomes for the borrower.
-Loan Modification – An agreement between the lender and a delinquent borrower that changes the terms of the loan without refinancing the loan. This could mean that your mortgage payment are lowered.
-Deed in Lieu of Foreclosure – An agreement where a delinquent borrower gives the lender the deed and the keys and moves out of the property in exchange for forgiveness of the loan.
-Special Forbearance – A written agreement between the lender and the borrower which contains a plan to reinstate the loan that has been delinquent for more than 90 days. In this case, lenders will sometimes suspend mortgage payments to allow the borrower to recover from the cause of the default.

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Tags: Foreclosure
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Avoid Home Foreclosure

Tuesday, December 22nd, 2009

It is very easy to skip paying bills and the most difficult part is to cope with mortgage payment. It is very essential to set aside money for mortgage payment as soon as possible. If it is not possible for you to set aside money to pay the bills properly then you must look out from having to lose your property. If you are unable to make payments before the due date, then you are said to be in breach of your contract and you are in serious trouble. You can get a list of companies that may come forward to help you out. This list can be got from your mortgage company as well. One must take care that you contact the right kind of people as the rules are different depending on the area of residence.

The laws vary widely from one state to another. One must make sure that the conditions are met properly. When talking to these places, we will be introduced to numerous agencies and people that may come to help you out. One must know that there are many places where immediate help is available. One must always make sure that others or other companies must not take advantage of you. There are always a few who want to put into trouble and make money out of it. These people will only take away your money and push you into deeper trouble. If by any means you get caught with such peoples it becomes nearly impossible for you to come out of it. One must be very careful when dealing such matters.

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

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Tags: Foreclosure
Posted in Real Estate | No Comments »

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