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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 11th, 2010

Bankruptcy

Monday, January 11th, 2010

Bankruptcy is the ultimate weapon in your armory for debt relief. You may think so but it may not be true entirely. Bankruptcy is a legal procedure to help people in financial difficulties to discharge their debts. However it comes with many riders. So it is better to understand the deep secrets of bankruptcy before jumping on to the bandwagon. First and foremost you need to be eligible for bankruptcy. Your assets and source of income will dictate that. You also need to have undergone regular credit counseling with government approved counselors before filing bankruptcy. If you are under the impressions that you can have all your debts discharged by bankruptcy you need to take a closer look at facts. There are many debts that can not be discharged by bankruptcy. Take a closer look.

An official will be appointed by the court to discharge your debts. Besides alimony and mortgages debts incurred by wrongful conduct can not be discharged by bankruptcy. An example is debt incurred with no intent of paying it back or loans obtained by wrongful declarations. If you want to keep your house or car you must continue to keep making mortgage payments. So at the end of the day you may end up discharging very few of your debts. And what are you going to loose? Your credit will be damaged for more that a decade. It will be 8 to 10 years before you can get a loan at a decent rate of interest.

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

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Tags: Bankruptcy
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Short Sales Versus Foreclosure

Monday, January 11th, 2010

Nowadays, we continue to hear of troubling news of many families losing their homes to foreclosures. Many factors have been attributed to this woeful fact of modern life, all of which boils down to the global recession and its effects on buying power. Many, too, are looking at short sales as an option against foreclosure. However, before making any decision about your house, it is very important to increase your knowledge of both foreclosure and short sale. A foreclosure is the legal process wherein the homeowner’s right to the real estate property is cancelled, usually due to defaults in payment of the monthly amortizations over a certain period of time. Said property is then sold at public auction and the proceeds applied to the debt. A short sale is the voluntary sale of the real estate property by the homeowner, with the consent of the mortgage holder, to a third party in which the sale proceeds fall short of the balance still owed on the applicable loan. This usually happens when both parties want to avoid the foreclosure process, which will involve heavy fees for the mortgage holder and poorer credit scores for the homeowner. Both options will result in losing the house in question although other repercussions especially in terms of credit standing will differ.

Unfortunately, there is no foreseeable benefit to foreclosure except maybe galvanize you into adopting better spending habits. A foreclosure severely and adversely affects your credit score, which can drop by as much as 200 to 300 points in one transaction. Furthermore, you have to suffer the consequences of your credit score being on a very low point for many years to come, thus, making it more difficult than usual to obtain new credit of any form. Worse, the mortgage holder can still ask for a court-issued judgment against you for payment of the foreclosure fees, amortization arrearages and interests thereon. A short-sale will only affect your credit rating by 80 to 100 points. And you can usually get your good credit standing in good shape faster than in a foreclosure – 18 months for short sale and up to three years in foreclosure. Also, it takes less time to settle things in a short sale, with lesser costs on both the homeowner’s and the bank’s part. However, you might still have to pay the balance of the principal loan plus interest although you can usually negotiate for more favorable repayment terms. Keep in mind, too, that a short sale is only possible when the bank and other lien holders consent to it, which in many cases, they will not.

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

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Tags: Foreclosure, Short Sales
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Why Hire a Bankruptcy Attorney

Monday, January 11th, 2010

“Bankruptcy” is a word that automatically conjures up highly charged emotions. It normally means that if you are about to file bankruptcy then you are down to your last resort. It is not easy. It is not fun. It is a stressful process to go through. Your finances are in shambles and the old saying, “playing with my money is like playing with my emotions,” rings true in the majority of bankruptcy cases than other situations encountered. Today, you cannot turn on the television without hearing about someone else losing his/her home due to financial problems. People feel trapped in an economical downslide. The economy is having a domino effect causing havoc upon households nationwide. Bills are piling, creditors are hounding, cars are being repossessed. It is a financial mess. And when you have no other means to pay past due bills, bankruptcy emerges as the best clear option. However, what do you do first? You start with hiring a reputable, knowledgeable, experienced bankruptcy attorney.

Bankruptcy is a stressful process. The emotional weight of knowing you are submerged in debt with no other way out than filing bankruptcy takes its toll upon oneself. So why would you chance getting qualified while under such a tense state of mind. What if you are filling out the paperwork yourself, with no attorney to assist in guidance, and the burden of your financial situation causes you to miss something on your bankruptcy application. What if your application is rejected and you have no clue how to proceed forth? You need to take these scenarios in consideration. Especially since, once you file for bankruptcy there is no going back. If you file for Chapter 7 Bankruptcy, then you cannot go back and change it to Chapter 13 Bankruptcy at later date. Once you declare a specific type of bankruptcy then you are stuck with it. Therefore, what would happen if you were unaware of the differences? Perhaps one form of bankruptcy is better suited towards your situation. A bankruptcy attorney will find the correct filing and the most beneficial option for you.

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Tags: Bankruptcy
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Loan Modifications

Monday, January 11th, 2010

Loan modification is one of the fastest and most effective ways to put a halt on an impending foreclosure. The process should be handled by an attorney or mortgage professional to ensure that all the dates and deadlines are met in time to prevent the seizure of the property. Loan modification is for a borrower who has been late, is currently late or believes that they will be late on their mortgage payments. And at the first hint of financial distress, the borrower may wish to seek out a loan modification professional.

The process of a modification involves a re-negotiation of the mortgage payment terms, restructuring it to meet with the borrowers income and ability to pay. Contrary to popular belief, the bank does not want to foreclose on the property and is ready, willing and able to refinance the loan balance in order for the borrower to keep the property. When a home is foreclosed, the bank receives nothing toward the loan balance and may be subject to paying the property taxes at the end of the year. And even if the property is sold at an auction, current home price values make the recovery of the banks investment into the property impossible. The bank does not want to seize your home, but rather, it is fiscally imperative to them that the homeowner retain the property.

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

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Tags: Loan, Modifications
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Stopping Repossession

Monday, January 11th, 2010

It is not too late to stop repossession today. The earlier you do, the earlier you will discover an answer to your monetary issues and be prepared to stop repossession. These are paths to stop repossession:
-Explain your money problem and see what solutions you have available.
-Talk to your property barrister and / or housing advisor to find out what your legal option are.
-Perhaps your barrister may suggest a forensic loan audit to establish if there were any laws ruined by your bank at the time they issued your house loan. If there were, you can use this info to agree a solution with your bank.
-Talk to a sell and hire back company or a stockholder who can get your house quickly for money and offer you the selection of hiring your house back and / or an option to repurchase it at a later date. Take care who you deal with; there are tons of crooks who prey on people who have finance issues.
-Sign a deed instead of foreclosure and return the home back to the bank. This way you can move on with your life and not be worry any more about losing your place to repossession.
-Sell your home if you have equity and hire or get a smaller home that is less pricey. If you price your home properly, you should be in a position to sell it swiftly. For house owners who desire money immediately, it might be smart to sell at a reduction.

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

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