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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 31st, 2009

New Federal Regulations for Short Sales

Thursday, December 31st, 2009

New guidelines for short sales were finalized by Obama’s advisers on November 31, 2009. It is the hope of the administration that the use of short sales will reduce the amount of losses on failing properties. These new regulations would allow the buyer to get out from underneath their loan by selling their home to a new potential buyer for an amount that is less than what the balance due on the home is. This type of transaction would still require approval of the lender. The amended program would also allow the buyer to transfer ownership of the property to another more capable buyer by using a “deed in lieu of foreclosure”. Short sales are considered to be more cost effective than allowing the home to enter into a foreclosed state. Foreclosed homes wind up losing value due to the fact that they become vacant properties, and in a lot of cases receive extensive damage from vandalism.

Included in this amended program is a provision that allows the buyer to receive $1,500 if they sell their home for an amount that is less than what is owed for the property. Additionally the plan pays $1,000 to the mortgage service company that completes these types of transactions. This program has become available to buyers who have applied for the federal mortgage modification program, but were turned down because of qualification issues. Others may qualify for this federal assistance program if they are in arrears on an already modified loan, or seek a deed in lieu of foreclosure transaction. It is the Obama’s administrations hope that the reworked $75 billion foreclosure prevention plan will slow the already staggering foreclosure totals to a manageable amount. In addition to making short sales less painful for both the buyer and the seller, the plan includes financial incentives to banks and mortgage companies to rework defunct loans.

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

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

Foreclosure Process

Thursday, December 31st, 2009

Foreclosure is a legal proceeding designed to bar or to extinguish the rights of a mortgagor to the property mortgaged. Facing foreclosure in Morris County or any area is a trying situation. This does not involve financial matters alone but it may bring about emotional issues. Finding the solutions alone is never and will never be the answer. You may be not ready enough to do this on your own, the reason why you need someone who can help you out and assist you through the whole process. Knowing the basics of foreclosure and evaluating your options are indeed necessary. A lender who wants to protect an interest in a loan may create a security interest in some collateral. If the lender follows the requirements for creating and perfecting a security interest, the lender will have a security interest in the property. If the borrower does not repay the loan under the terms of the contract, the lender can repossess (retake) the property. Usually the lender prefers to have cash and thus will sell the collateral. If the collateral is real estate, the loan will be called a mortgage, and taking possession of the property will be called a mortgage foreclosure. A person who buys repossessed property or foreclosed property buys only the seller’s legal interest. The purchaser may lose the property if the foreclosure or repossession was wrongful.

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

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Tags: Foreclosure
Posted in Real Estate | No Comments »

Stages of Foreclosure

Thursday, December 31st, 2009

Finding a great deal in a house that is being foreclosed upon can be very profitable. With the market as it is at the moment, there are so many of these deals available that whoever thinks that there is no money to be made in the real estate market right now needs to re-evaluate their point of view. With the market taking a plunge as it did, many people fell subject to financial difficulties. For this reason, among others, the number of foreclosures on the market skyrocketed. There is money to be made during any and all of the three stages of the entire foreclosure process. From the time the home or property is initially in its beginning stage, which means that it is in pre-foreclosure, to when it is actually is in foreclosure and even when it is officially in post-foreclosure. Some of the questions that come to mind when reviewing a piece of real estate that is in one stage of foreclosure or another are when the process actually begins, when does it end, and during which stage can the home be purchased. The entire process from pre-foreclosure to post-foreclosure is a relatively drawn out one that can take several months. Many buyers may think that the only time that the property is actually available for sale is when the bidding wars begin at public auction. When in actuality, the home or property can be sold at any one of the aforementioned stages. The public at large may be made more aware of its availability during an auction that is marketed to the public at large, but that does not necessarily mean that it can only be sold there. There are three ways in which distressed properties can be purchased and sold. In the first stage, or pre-foreclosure, the homeowner has probably fallen behind on a few payments and has received a letter of default by the bank or lender who may potentially take possession of the home. The person still has possession of the home and is generally given an opportunity to make good on the loan.

Investors can usually contact the homeowners directly and make an offer to take the home off of their hands. Many times buyers can simply offer to take over the payments of the existing loan. This is a good strategy to entertain, especially if the homeowner en route to bankruptcy and wishes to avoid it. Distressed homeowners are also usually more likely to entertain offers during this stage because they do not wish to further damage their credit rating. Even though home or property is not officially made know to the public, hungry investors use their resources to find out even before it is put on the market to the masses. These properties can be located though a variety of sources. Having a good working relationship with local real estate agents and brokers will generate a number of great leads. Other potential ways to locate these properties is through accounts, lawyers, business associates and friends.

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

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Tags: Foreclosure
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Alternatives to Foreclosure

Thursday, December 31st, 2009

Facing foreclosure is indeed a harsh situation wherein you have to deal with tough financial and emotional issues. The time runs fast once you get behind on your mortgage so you have to know this and be aware of this. This article will aid the homeowners who find themselves behind on their mortgage payments and facing foreclosure. Foreclosure is a legal procedure in which a mortgage holder reclaims a property due to default on a loan. Stopping foreclosure may not sound easy and clear for homeowners. But the point is, the more you know, the better prepared you will be and the more chances you have of stopping, or at the very least delaying, the foreclosure process. You have to take into account few important things. Remember that if you do not take any action right away, you may lose your home to foreclosure, your credit might be broken and you may still owe your lender money. Having your home in foreclosure can be embarrassing but it doesn’t make you a bad person. Don’t lose hope because you can still stop that foreclosure. There are several alternatives you can choose from in order to save your house from foreclosure. Certified lenders can direct you to several loan programs on hand for your situation. There are also lenders who will refinance homeowners facing foreclosure especially if you desire to keep your home and you have equity. Or you may be better off by selling your home and starting anew. This opens up a lot of possible actions and should be tackled straightaway.

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

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Tags: Foreclosure
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Tips to Avoid Bankruptcy

Thursday, December 31st, 2009

Too many people look upon filing for bankruptcy as an easy way out of their financial problems. But, even though bankruptcy may take away some of your immediate problems, it brings with it a host of other problems that have a lasting impact on your future. That is why many people struggle to avoid bankruptcy.
Certain legal changes in the US require people who file for bankruptcy to:
-Appear for mandatory finance management classes
-Appear for mandatory credit counseling
-Continue paying creditors
Besides these, there are the long term repercussions of bad credit rating to be considered. Bankruptcy appears on your credit rating sheet for at least 7 years. A bad credit rating makes it impossible for borrowers to borrow money at standard rates for a period of 10 years. So, you will be required to pay a higher interest rate in case of future loans. Many creditors avoid giving loans to people who have filed for bankruptcy in the past. But, your problems do not stop there. Your credit score divulges a wealth of information about you; and your creditors are not the only people who are interested in this. A lot of people are taking a peek at it, including insurance companies and prospective employers. As you can see, a blemish in your credit report has wide reaching consequences, so it is vital that you try your best to avoid bankruptcy at all costs. Far too many people are living from paycheck to paycheck and the current financial scenario is not conducive to that attitude. You never know when that paycheck is going to stop coming. So, you need to start building a nest as soon as possible. This is the safest and surest way to avoid bankruptcy.

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

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Tags: Bankruptcy
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