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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 13th, 2010

Chapter 13 Bankruptcy

Wednesday, January 13th, 2010

Bankruptcy is a very bad situation to be in, for any individual or an organization. But even in the tough times, there are ways out to tackle such situations. Bankruptcy Chapter 13 code which helps individuals only, to come out of financial crisis under the guidance of a federal bankruptcy court. A debtor with a regular income can restructure his financial position with the help of Bankruptcy Chapter 13 code. In this the debtor has to propose a plan with the help of which he or she can repay all his outstanding debts in 3 to 5 years of time period. And five years is the maximum time period of the repayment plan. In reality the Bankruptcy Chapter 13 code has many added advantages over the chapter 7 bankruptcy code. Unlike the chapter 7 bankruptcy code, in the Bankruptcy Chapter 13, the individual can atleast save his house and other assets from foreclosure. All the proceedings will come to halt after he files for Chapter 13 and also get a period of 3-5 years to pay back his debt to the creditors. The Bankruptcy Chapter 13 code allows an individual to reallocate secured debts. It can over a period of time, lower the payments which he has to make. Finally the debtor will not have any connection or contact with the creditors while he or she has filed the chapter 13 bankruptcy code. Now let us see the eligibility criteria of filing the Chapter 13 bankruptcy code. Any person, either self employed or working in any organization can file chapter 13 and seek protection under it. The only condition on this is that his unsecured debts should be below $336,900 and secured part of the debts lower than $ 1,010,650. And no corporate or organization can seek help or file chapter 13. And the individual cannot file for chapter 13 or other codes if his bankruptcy petition was dismissed in the preceding 180 days before.

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

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Tags: Bankruptcy
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Home Affordable Refinance Program

Wednesday, January 13th, 2010

This is the second of two foreclosure prevention programs that came out of the Obama Administration (the other is the Home Affordable Modification Program, or H.A.M.P.). Many homeowners are not having problems making their house payment but still want to save money by refinancing. Unfortunately, with values having dropped to the lowest level in years millions of homeowners cannot refinance due to their lack of equity. Under this program homeowners can finally refinance, even if their house is slightly upside down in value. In addition, guidelines like lower credit score requirements and higher debt ratios make it easier than ever to qualify. The Home Affordable Refinance Program is only available to homeowners whose loans are owned by either Fannie Mae or Freddie Mac. As you try to save your home it is imperative that you find out who owns your loan since this determines what programs are available to you. This will be the single, most helpful step you will take during your quest to save your house from foreclosure. Important – Who you mail your payments to is your servicer, not who owns your loan!

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

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Foreclosure

Wednesday, January 13th, 2010

Some people are worried about being able to keep up with their credit card payments so that they can maintain a good credit score. Others are worried about their credit on a grander scale. Foreclosure rates have reached highs that many of us have never seen before. Many people are panicked, especially those who are facing the possibility of being foreclosed on. I wanted to offer some suggestions to those who may need to look at their options. The sooner you act, the better the chances of saving your home. The most important thing to do is contact your mortgage company. You may not want to deal with the problem, but hiding from your lender will not make it easier. If you do this when you are only one or two payments behind, the lender may not start foreclosure proceedings. Explain to the lender the circumstances that led to your delinquency. Ask them about possible payment arrangements that may help you catch back up. Before they agree to help, you must review with them your current income and expense situation. Be sure to have that ready before calling. While each lending institution is different, here are some options that may be available: You may be able to spread the past-due balance out over several months. Each month, you pay more than the original amount. The extra money is credited toward the balance due until the delinquent amount is fully paid. The lender may postpone or reduce your payments if you are expecting a large lump sum in the near future. This may be a possibility if you are expecting a bonus or a tax refund. The lump sum would be used to get the past-due balance paid off, and the loan will be considered reinstated. The terms of your loan could be adjusted. The lender may allow you to add the missed payments back into the loan balance. They would then recalculate the monthly payment. Another option is extending the payoff date to give you a few extra months on the back end. This option enables you to keep your payment to remain the same. If you know that you can’t realistically keep the home, you still have time to act before the foreclosure is started. If you use one of the following options, you may lose your current home, but your credit will be in a much better position to enable you to buy again in the future when things are better for you financially.

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

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Tags: Foreclosure
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Chapter 7 Process

Wednesday, January 13th, 2010

Deciding to voluntarily file for Chapter 7 Bankruptcy is a tough decision to make for most people. After all, filing Chapter 7 essentially is your way to invite your creditors to liquidate all of your assets and distribute the proceeds amongst themselves to repay your debt. (Note: a Bankruptcy Trustee is the one charged with the liquidation task, but ultimately, the Trustee works on behalf of your creditors). Knowing how emotionally difficult such a decision is, you should not have to stress over the multitude of forms that need to be completed. As evidenced by the extensive list of forms published the US Courts website, filing for bankruptcy can be a complicated matter. So complicated, in fact, that it has created opportunities for people to actually charge for their service of helping you through the complicated paperwork. In most cases, people will seek the advice and assistance of a bankruptcy trustee or other specialist. However, there are many bankruptcy attorneys who will also help (for a nice fee, of course). Completing the bankruptcy forms can be a difficult task. Starting with knowing which forms to complete, you will quickly notice that it would be easy to overlook a specific form, causing potential delays in the bankruptcy filing process. For example, if you are filing for Chapter 7 as a single debtor, there can often be confusion as to whether other forms need to be completed. For starters, if you are filing for Chapter 7 bankruptcy, you will start with Form B1. This is the starting point for everyone filing for any type of Bankruptcy (Chapter 11, 13, and all others). In other words, it is simply the starting point. Therefore, the information provided in this form is very general, very basic. As you progress through the bankruptcy forms, they will become more complicated.

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

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Tags: Bankruptcy
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Government Foreclosure Relief Program

Wednesday, January 13th, 2010

The United States government is aware of the rising number of foreclosures in these troubling economic times. Bailout plans have been put in place and it has been said that between 8 and 9 million inhabitants have the possibility of qualifying for help to avoid the foreclosure of their home. However, what it comes down to is the question of whether these government bailout plans are working or not. This question will be explored here. There have been many complaints in regards to lack of specific enough information for homeowners to be able to make use of the government bailout plans. They seek assistance from their lenders, but they have no details to give. Others claim a complete lack of help is available at all. Settling on the reasons for the supposed failure of the government bailout plans is difficult to accomplish as people are not willing to have their mistakes publicized or even admit they have asked for support and therefore, have been declined assistance.
There are no statistics to accompany the amount of people who have applied for assistance versus who have been rejected or whether any loans were renegotiated. This lack of book keeping and accountability has been one of the foremost complaints of homeowner advocates. Obviously, the concern here is that the law behind these government bailout plans needs to be improved if the number of people who can find assistance with said programs are to be successful. One of the main sections of government mortgage bailout plans is for the assistance of home owners who are stuck living in a home that will sell for less than the principal balance of the mortgage they still owe on it. This is equivalent to owning a totaled car, except there is no way out of being under water in your home ownership without losing a huge amount of money. Borrowers in this predicament have been turning more and more often to strategic default, simply walking away from their homes even if they can afford the payments.

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

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Tags: Foreclosure, Government
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