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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 January, 2010

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Choosing a Bankruptcy Attorney

Friday, January 29th, 2010

It is advisable that the debtors should not file for bankruptcy unless sure about the formalities pertaining to it. In most of the cases of individual filing, the cases have turned from bad to worse. There is waste of time, money and energy. On the other hand when a debtor avails the service of a bankruptcy attorney the debtor will have to spend some money but be assured about the results. This does not mean that all bankruptcy form are good. Some of the key issues to be taken into consideration while choosing a bankruptcy attorney are as follows.
-Qualification: The bankruptcy form should be conversant with the rules and regulations of the state, especially with reference to bankruptcy. One should check the qualification of the bankruptcy attorney.
-Experience: Experience makes an attorney perfect at getting approval for the bankruptcy. It is only with the help of experience that an attorney can tell the debtor about when to file bankruptcy. Sometimes the situation may not be conducive enough for filing bankruptcy.
-Efficiency: This is one of the most important factors to be considered before availing the services of any bankruptcy attorney. Over the years it has been proved that one should trust the word of mouth of those people who have availed the services of that attorney. One should try to find out the success ratio of the attorney, in other words efficiency.
-Affordable: The debtor should ask the cost of the services in the very first meeting with the attorney. Prior to the first meeting the debtor should enquire on the phone whether the attorney offer the first bankruptcy counseling session free and without any obligation.

Full Article

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

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Tags: Bankruptcy
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Why a Foreclosure Defense Attorney is Important

Friday, January 29th, 2010

In today’s economic climate, more and more people are finding themselves in deep financial trouble. In 2009, there were an unbelievable 3 million+ foreclosures nationwide. If you are suffering from money troubles and you’re faced with a potential impending foreclosure, then help is at hand and that help will come from a foreclosure defense lawyer. It is possible that by engaging with such an Attorney this can you stop or at the very least slow down the foreclosure proceedings you are facing. A foreclosure defense lawyer can be one of the most important elements in a foreclosure case, they will have plenty experience in dealing with cases exactly like yours and they will have the connections available to ensure that you receive any debt relief you may be entitled to. A lawyer can give you all the information you need about the options you have available to you, and you will receive helpful and honest suggestions about what could benefit you and your family the most in this kind of situation. A foreclosure defense lawyer can help you along every step of the way because they understand what it’s like to be suffering the effects of a foreclosure, so they can help relieve you of this one stress while you focus on taking care of your family. A lot of people each year make the mistake of choosing to represent themselves, this can present severe pitfalls, no matter how confident or knowledgeable you feel you are. The laws that surround foreclosure and mortgage law can be heavily complex and representing yourself is not something you should be considering lightly. Foreclosure and mortgage laws are often changed regularly, so much in fact that a person who is not skilled in the defense of such cases could struggle to keep up with the pace, as well as this, you’re faced with the issue that you’re battling to save your home and sometimes your emotions can get ahead of you. A foreclosure defense lawyer can keep a calm demeanor in order to battle your case effectively, not to mention they have a lot of experience and knowledge in the routes that will need to be taken throughout the case that you might not be aware of. Allowing a professional to fight on your behalf is the best chance you’ll get at winning the fight for your home.

Full Article

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

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Tags: Foreclosure
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Filing For Chapter 13 Bankruptcy

Friday, January 29th, 2010

With chapter 13 you are able to put your back taxes in it along with due mortgage payments and many other priority debts in your repayment plan. Benefits of Filing Chapter 13: You may include back taxes, past due mortgage payments and a variety of priority debts in the plan. The part payment that you have make may only be minimal. This in many cases is only five percent of the unsecured debts. All you have to agree for is paying the minimal amounts and you can save your home from foreclosure and also avoid tax seizures. Every time a person decides to file a bankruptcy he is going through rough financial times and each case is different from the rest. The good news is that there is a solution for every problem. If you act in time there are chances to avoid bankruptcy completely. If you do it right you can pay only 50 cents on one dollar on all your unsecured debts easily. There is no way to escape paying taxes on your income. The IRS is at the top priority. If you do not pay your taxes and you file bankruptcy online or otherwise, they are seizing the assets along with the exempt property. In case of Chapter 13 your past due taxes are considered current. All the tax seizures have to stop and obey the court’s plan. The payment can be distributed in the next five years. A person who is eligible for Chapter 7 according to the mean test but has filed for Chapter 13 will then file Chapter 7 bankruptcy only. There are many more options which you can explore if you go to an expert. If you check the real cost and the benefits from every option that you can derive you will be surprised on the probable result. Misinformation is common. Thus realistically assess your options and also know that all the options are not available for everyone.

Full Article

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

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Tags: Bankruptcy
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Requesting a Loan Modification

Friday, January 29th, 2010

Is This You? You are facing foreclosure. You want to save your home and will do all you can to stop the foreclosure process. You have contacted your mortgage company and inquired about a loan modification. The representative to whom you spoke told you what information you needed to submit to them so that you can be considered for a loan modification. You’re safe until you hear back from them, Right? No, That Belief Normally is Wrong. Since the start of the current foreclosure crisis, most mortgage companies have had two separate departments working on the files of people behind on their payments and in the process of being foreclosed. Once the foreclosure action starts, there are certain steps which a mortgage company takes. They normally have a department which handles the work at each step along the way from start to end. The people working in this department notify the person who is behind on their payments that the foreclosure process has started. They then file any necessary legal documents. If court action is involved, they route the case out to attorneys in the area and coordinate their activity with them. They track the sheriff’s sale of the property. If the home is not sold at the sheriff’s sale, title to it reverts to the mortgage company. The people in this department then work with local realtors to sell the property. If the person facing foreclosure wants to see what they can do to save the home, there is a separate department at the mortgage company that works with them. The people in this department tell the person what options are open to them. If they want to see if their loan can be modified and their monthly payment lowered, these people tell the person what information they need to submit. Once the information is submitted someone in that department reviews it to see if the payments can be modified. If they can, the person is contacted and an offer is made.

Full Article

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

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Tags: Loan, Modification
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Stopping Foreclosure

Friday, January 29th, 2010

Are you are one of the many homeowners wondering “what are my options in foreclosure?” Well, it is a good thing you are in the “options” mentality. You see, there are a lot of options available to you, especially with the government getting involved to help everyone through this economic crisis. Most people who provide services will usually do two things;
-They will try hard to convince you that their services are “the way” to go in order to get your foreclosure stopped.
-They might waste your time asking tons of questions about your situation only for you to find out that they can’t help you after all because you are in the wrong area or any other numerous excuses.
It isn’t that anyone one company or individuals option is bad, it is just that each person facing foreclosure is there for different reason and under different circumstances. For these reasons, it isn’t fair for anyone to say that their “service to stop foreclosure” is the best way to go. The only person that can make that decision is you. So what are your options? And how can you make the best decision regarding what to do? Research. I know you may hate that word, but truly, you want to make your decision count because there is only a certain timeframe within foreclosure to find a resolution. You don’t want to be wasting you valuable time to gamble on solutions that don’t fit your situation to begin with.
Here are some basic options;
-Loan Modification, forbearances, payment plans with your lender.
-Sell your house.
-Fight the foreclosure Process.
-Find money to catch up on your payments.

Full Article

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

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Tags: Foreclosure
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Short Sales

Thursday, January 28th, 2010

To a family or an individual, losing their home is the most traumatic thing that can ever happen to them. With the current downtrend in the economy and people losing their jobs like dominoes falling down not being able to make your monthly payments to lenders or banks becomes more difficult if you are laid off or your working hours have been reduced. The task of even feeding your family becomes a huge problem especially if you have kids who are babies or schooling. When you fail to make payments on time to the lender for a loan mortgage, trying to short sale your home can sometimes be rejected by the lender due to the real estate market declining by the day. In fact there are times when you are unable to sell at all. With so many problems to deal with, you may at times not understand why the lending institution or bank refuses the short sale. Your core problem lies with the hardship letter you produce. You need to produce a hardship letter that delves right deep into the core problem you are facing. Wording your hardship letter is extremely important. It could also be the main reason for rejection so making sure it is first priority should be your goal. The lender may want to foreclose your home as it may be more profitable especially when there is mortgage insurance involved. Lenders always make sure that the documents that you sign at the time of taking a loan mortgage, has a clause that gives them the legal rights to foreclose your property in case of defaulted payment. When you submit a proposal to the bank to do a short sale, you may have inadvertently submitted an incomplete one. The offer you propose may be much lower than the current sale values making it difficult for the lender to recover the monies owed by you not to mention the interest. Although you may think your proposal is complete a lender or bank may reject it due to numerous reasons. With short sale the banks tend to lose which is the reason they are meticulous. Most people who want their homes put on short sale try to sell in exchange for the outstanding loan mortgage. There are times when you are confident that it will work, the bank rejects your proposal to dispose of you home in this manner.

Full Article

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

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Tags: Sales, Short
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Chapter 13 Bankruptcy Eligibility

Thursday, January 28th, 2010

When you are struggling to make your credit card payments, mortgage, car payment, or other outstanding bills, you may find yourself deep in debt. At a certain point it may feel that you are so far behind that you are never going to catch up. Fortunately, United States law offers provisions to debtors who are under severe financial stress to help them secure a fresh start. While bankruptcy has its downsides, it can be a much better alternative to being burdened with a large pile of debt for the rest of your life. Individuals who are looking to file for bankruptcy have multiple bankruptcy options available, each of which is ideal for different people in different situations. One bankruptcy option that is available to an individual with a high amount of personal debt is Chapter 13 Bankruptcy. Under Chapter 13, an individual clears his or her debts by drafting a plan to save money and pay back the debts over 3 to 5 years. This gives the debtor a large grace period to reevaluate finances and gradually work towards becoming debt free. For some people, this form of bankruptcy is a much preferred method over Chapter 7, which requires a debtor to liquidate, or sell, much of his or her property to pay back debts. With Chapter 13, you will liquidate little to no property and will pay back debts using income that you earn over time. Eligibility: Debt Limits In order to file for Chapter 13, you must meet certain strict debt limits. Anyone with debts over the amounts listed below will not be eligible for Chapter 13 and must file for Chapter 7 instead. The restrictions on debt are divided into secured and unsecured debt as follows: Must have less than $336,900 in unsecured debts Must have less than $1,010,650 in secured debts Must be an individual debtor. No partnerships or corporations are eligible for Chapter 13.

Full Article

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

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Tags: Bankruptcy
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Foreclosure Options

Thursday, January 28th, 2010

Many homeowners are facing foreclosure or struggling to make their mortgage payments in today’s economy. About 50% of homeowners facing foreclosure do nothing and let the home go to foreclosure. What do the other 50% do? There are many solutions available to homeowners who are struggling to make their mortgage payments (other than losing sleep at night). How do you know what is the best solution for you? You need to speak with an expert who is aware of all these options so that you can get the advice that is best for your situation. Not all solutions will work for everyone. A loan modification is an option for the homeowner who wants to keep their home. A loan modification is when the bank agrees to change the terms of the existing loan so that the homeowner can stay in the home. A homeowner can do a loan modification on their own. Just keep in mind that you signed the documents on the loan you have now and it isn’t working for you, so you should consider having an expert handle the negotiation with the bank. The experts know the banks terminology and how to use that information to your advantage. A forensic loan audit is when you have an expert review your existing loan documents to look for violations. The expert knows exactly what to look for to negotiate with the bank on your behalf. This is different from a loan modification because the expert is looking for violations, not just negotiating to change the existing terms. Mortgage brokers will talk to you about a refinance. If you can qualify for a refinance, this may be an option for you. Just make sure you get a loan that is a long term solution not a band-aid. A short payoff refinance requires approval from your current lender, with them agreeing to take less than what you currently owe.

Full Article

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

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Tags: Foreclosure, Options
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Foreclosure Facts

Thursday, January 28th, 2010

For those of you who are facing severe economic hardships, having to face foreclosure of your home is one of the most agonizing mentally traumatic experiences. Foreclosure is one of the dangers that are in the forefront of real estate. This turns into a severe crisis if you are unable to get a loan modification done. The reason this article is written is with the idea to help you ‘save’ your home which is your valuable asset. Your past, present and the future sometimes lie within the enclosure of your home, and being forced to give it up, let it go should never be the intention. Using your brain to the fullest and storming it is what you have to do to save yourself from this misery. Foreclosure has three steps to it. The first which is known as “pre-foreclosure” This means the bank or lender is unaware of the financial situation of the person the loan mortgage has been given to. You may be in the process of trying to sell your house by that time and they will not be aware of this too. It is only when the lender gets information from the county clerk’s office of the state you live in or from your credit card company, will they be aware. What you need to do is to make sure that you make the investor in your home happy and convinced. This should be done before your details leak out. The second type of foreclosure is known as the “foreclosure stage”. By this time “the cat is out of the bag” Your property will be listed at the county clerk’s office in the state you live in. Within this foreclosure stage are also two other categories namely “judicial” and”non-judicial” foreclosure. The third is “post foreclosure” which is the hardest of all. Your lender has all the rights legally to possess and take full control of your home, evict you and there is nothing you can do about it.

Full Article

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

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Tags: Foreclosure
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Avoiding Bankruptcy

Thursday, January 28th, 2010

No one wants to go bankrupt. Filing for bankruptcy is legally declaring yourself unable to pay for your bills and that all of your assets are distributed to your creditors. Chapter 7 or 13 can stay with you up to ten years on your credit history, damaging your chance for a decent credit score, ultimately hurting and limiting your financial options. Sometimes, going bankrupt can’t be helped, but there are ways to avoid it before it even begins. Get Financial Counseling First Before Doing Anything Else The reason why you’re on the verge of going bankrupt is probably because you’re not sure where in your finances you have gone wrong. Talking to a financial counselor can help you figure out what went wrong and get your financial situation back on the right track. Financial counselors can help:
- Make a budget to help you avoid bankruptcy now and prevent bankruptcy in the future
- Understand your options, legal rights, and responsibilities
- Work with your creditors
-Find programs that offer you legal, financial, or other help
Don’t Put it Off, Talk to Your Creditors Right Away Nobody wants you to go bankrupt, not even your creditors it costs everyone involved a lot of time and money. When you think you are starting to fall behind and it’s getting harder to pay off your debt, talk to your creditors right away. The longer you wait, the fewer options you have to stay out of bankruptcy.

Full Article

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

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Tags: Bankruptcy
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