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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 February, 2010

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Stop Your Foreclosure Process

Friday, February 26th, 2010

Isn’t it about time, time for all the chaos to end? It is, nobody should have to endure the foreclosure process, but it happens. It happens to the best of us. So what can you do about it? First of all, it would all be a lot less stressful if you knew what to expect and what you were going to do about stopping the foreclosure process. If you take action to stop you own foreclosure, then you are leaving the ball in your hands to make sure it actually gets stopped. Bank are overloaded and it isn’t enough to put your faith in a third party to stop your foreclosure and then sit by and hope things work out for the best. By taking action on your own (and yes, you can simultaneously use a third party too) you will gain control over your situation and hence, give you some much needed stress relief. Being actively involved in stopping the foreclosure process makes you aware of what going on and the possibilities. When you are aware, you have some control, when you have control, you can swing things in your favor.
So what can you do about it? Here are a few simple tips;
-Learn about the foreclosure process. By doing this, you will know what to expect and be able to make a better decision about how to stop your foreclosure.
-Lean your available options. Once you know the foreclosure process, you will be able to pick the right foreclosure stopping option to fit your individual circumstances. There are lots of options, don’t believe the first one you here to be the “best”.
-Be aware of time. Time is of the essence when stopping foreclosure. The number one mistake is sitting around biding your time. You have more options the sooner you act. The closer that auction gets, the less options you have. Act soon, don’t wait or it may cost you your house after all. Then so much for that stress relief. Learning the foreclosure process in your area will make you aware of time.

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

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Tags: Foreclosure
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How Will Filing For Bankruptcy Affect My Credit

Friday, February 26th, 2010

Filing bankruptcy has serious and long lasting consequences, including how it affects your credit, your credit score, and your credit rating. However, the affect on your credit score is temporary and is often the lesser of two evils when compared to defaulting on accounts. This article discusses the various ways in which filing for bankruptcy can affect your credit.
-Public Records.
When you file a petition for bankruptcy, it is a public record, that can be accessed by the court, by creditors, and by companies that compile public records information. When you obtain a discharge from the bankruptcy judge, it also becomes a public record. The discharge and any orders or judgments that arise out of the bankruptcy case will appear in court records, and may appear in online or electronic records. The judgment will also appear on your credit reports for ten years.
-Accounts Discharged in Bankruptcy.
Accounts that are included in bankruptcy must be updated by the creditors to be reported as zero balance, and zero past due. If the account was in arrears prior to the filing of the bankruptcy, or if it was charge off, that information may or may not continue to appear. Any derogatory information, including “Included in Bankruptcy” will appear on your credit report for seven years. You should check your credit reports regularly to ensure that the accounts are being reported accurately.
-Will I Qualify for Credit after Bankruptcy.
Yes. In fact, when you get your discharge from the bankruptcy court, you will probably start receiving new credit applications almost immediately. This is because you will have little or no debt, and because you will not be able to discharge new debt for a significant period of time. However, you should be very cautious about accepting this initial wave of credit offers. These offers will often be on unfavorable terms, including low credit limits, high interest rates, and other charges and fees.

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

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Tags: Bankruptcy, Credit
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Tips to Stop a Foreclosure

Friday, February 26th, 2010

With all the foreclosures these days, many are reaching out to government help to stop the foreclosure. There are government programs to stop foreclosure, but not everyone will qualify. If you have talked with your lender and found that government help isn’t available to you, then there is still hope. There are foreclosure stopping options beyond the government. In fact, people have been using them to stop foreclosure long before this current economical crisis ever existing, back before government help to stop foreclosure was ever even offered. What are these options you might be wondering? Here are a couple;
-We have heard “sell your house”. While this is an option, some people find it hard to do these days. Try different forms of owner financing to get your house to sell immediately – or at least quicker than the neighbors house so you can move on with your life.
-If you don’t want to sell, then save you house in two ways;
-Reinstatement original loan – either by loaning money against your assets from a private lender or a family member or refinancing.
-Negotiate with the bank regarding forbearance, or other repayment plans. This is free and they will walk you through the process.

Full Article

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

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Tags: Foreclosure
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Foreclosure

Friday, February 26th, 2010

Many home buyers, especially first time buyers, have benefitted from significant tax credits in the last two years. Designed to help stimulate the housing market by offering tax incentives to home buyers, the credits have generally seemed to accomplish their intent. Home sales have improved for months, and most recently, reports on foreclosures suggest the number of people entering foreclosure is dwindling. The current first time home buyer tax credit program was begun in 2008 with the passing of a credit of $7,500 to be paid by within 15 years. In the midst of record low home sales and drastically falling home prices, the government was pressured by the real estate sector and lobbyists to help new buyers enter the market. Two subsequent extensions of the credits during 2009 have led to a current $8,000 new home buyer credit that does not have to be repaid, along with an added $6,500 credit for other home buyers. The December 2009 extension is set to expire on April 30th. Any home purchased by this date that closes by June 30th would be eligible for applicable credits. Unlike the previous to expiration dates, there appears to be less pressure on Congress to extend, and a more general sense that lawmakers feel this is the last go around for the current credit. The current debate over the tax credits centers on whether the credits induced a sizable portion of home buying since their inception, or whether they simply saved taxpayers money for homes they would have generally purchased anyway. The National Association of Realtors and others in and around real estate are certainly going to push for more time to help home buyers enter the market. Naturally, industry participants have benefited from the growth in home sales. The challenge is to convince lawmakers that while many other governmental assistance programs designed to help stimulate the economy are ending soon, the housing market is still too unstable to turn loose.

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

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Tags: Foreclosure
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Stopping Foreclosure

Friday, February 26th, 2010

In order to stop bank foreclosure fast, you’ll first need to learn how this process works. Lately, many families around your neighborhood may be discussing ways to save their homes and keep their families all under one roof. Because of how the economy is affecting most people many have already lost their jobs or been laid off temporarily in order to keep businesses from going bankrupt. Unfortunately, these types of business decisions don’t help us individually. Many families are finding themselves in situations where having their homes foreclosed upon seems to be the only solution to their problems. Because many individuals are behind in their mortgage payments and are unsure of how to stop the process many have turned to on-line professionals to help them understand exactly how this process works. If you’re interested in learning to stop bank foreclosure fast by utilizing the loan modification process then please continue reading this article. To prevent or stop foreclosure, there are legal ways to stop the creditors from taking your home. The quickest and safest method I have found is the use of a loan modification service. This method creates various adjustments to your original loan and could be the answer to your problem. With the help of a professional service you can have the stress of dealing with your creditors handled by experts with the know-how to get things done. A loan modification specialist will communicate with your lenders to reconstruct your original mortgage and create a new mortgage payment that you can now easily afford.

Full Article

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

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Tags: Foreclosure
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Chapter 7 Bankruptcy

Thursday, February 25th, 2010

Chapter 7 bankruptcy is one you file for liquidation. During this bankruptcy proceeding your assets will be sold as directed by the judge to pay off your creditors. It is essentially a bankruptcy proceeding for consumers who don’t have enough money to pay off their creditors. In order to buy this some time to recover financially and satisfy creditors, consumers may file for Chapter 7 bankruptcy. A Chapter 7 bankruptcy claim relinquishes your nonexempt property to the bankruptcy trustee. At this point the trustee will proceed to liquidate the property (convert to cash), and subsequently distributed to your creditors. Not all people can qualify for Chapter 7. A few of them that do qualify are those who own real property, working people, and people who live or have a residence in the USA. You can file for Chapter 7 insolvency provided you haven’t filed for either chapter seven or Chapter 13 in the last 6 years. After deciding to declare bankruptcy, your lawyer must verify your qualifications to do so. Your lawyer will conduct a financial audit to determine if in fact you are in a financial bind significant enough for a Chapter 7 bankruptcy declaration. During this period your monthly earnings will be scrutinized, and will have to be equal to or less than the median income for your particular state in order to qualify for Chapter 7 bankruptcy. And of course your monthly expenses such as, your rent or mortgage payment, food, other monthly bills will be deducted from your monthly income.

Full Article

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

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Tags: Bankruptcy
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Claiming Bankruptcy

Thursday, February 25th, 2010

For people in desperate need of financial rescue, declaring personal bankruptcy may be a very real and necessary avenue. Getting into financial turmoil can cause people to consider many different options, though when it comes to your financial future, it’s in your best interest to consider the pros and cons of each. Regardless of the form of bankruptcy protection you seek, the process itself can have some significant ramifications, each of which should be carefully considered before a decision is made one way or the other. Perhaps the most obvious consequence of claiming bankruptcy is that it will ruin your credit record for many years to come. Although you may already have a lackluster credit rating, filing for bankruptcy will only make matters worse. People that have filed for bankruptcy will tell you that it is almost impossible to obtain credit while the declaration is on your file. Even for those that are able to obtain credit, it nearly always comes at a significant cost. While it’s worth mentioning that credit can be slowly rebuilt during the bankruptcy process, it will be an uphill battle until the declaration is removed from your credit report. It’s also worth mentioning that declaring bankruptcy won’t erase all of your debt. In fact, even under Chapter 7, you are still obligated to pay back a portion of your debt through your non-exempt assets. Personal items of debt such as a student loan, tax payments and child support will still be there even after the bankruptcy process has ended. In other words, if these types of debts constitute the majority of your problems, bankruptcy protection may not provide the benefit you’re after.

Full Article

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

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Tags: Bankruptcy
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Bankruptcy Loans

Thursday, February 25th, 2010

You may have the notion that after having filed for bankruptcy, you are far from a possible candidate to get a loan, however, this is a big misconception. Of course, it may seem hard to believe that a bank would give out any type of loan and take the risk with anyone who has gone bankrupt, but as a matter of fact, it does happen. The truth of the matter is that there are banks willing to provide you with what they call bankruptcy loans. The details of these loans are tailored to your needs, so they are really something to consider. If you do a little bit of research online, you will find that there are various lenders out other who offer different types of bankruptcy loans. In addition, there are companies that will tailor to the specific needs of a person who has gone through bankruptcy. This may sound somewhat surprising to you, but getting personal loans after bankruptcy is much more possible than it used to be. Those who have taken advantage of these kinds of loans found the conditions and terms easy to manage. On this note, you basically need a current checking account that has been active for at least few months for verification purposes. Moreover, you are required to have been employed for a few months at the very least and your monthly income should be more than the state minimum wage. As you can see, it is fairly easy to attain bankruptcy loans since a majority of people can actually meet the requirements mentioned above. The great thing is that applying for this type of loan is free and you really having nothing to lose if you take some time to research your options. So, go ahead and find out what is available for you whether it is online or at your nearest bank.

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

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Tags: Bankruptcy
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Foreclosure and Short Sale

Thursday, February 25th, 2010

The housing market landed with a resounding thud in 2009 and the USA saw a rapid increase in foreclosures which in turn led to many financial lenders being put out on the street. An unsuccessful stabilization by the Government was tried. Their focus was to provide money to the financial mortgage institutions and not to the owners of the homes. In most instances, the tax payers will be provided with a tax form, known as 1099-C if they have had to go through the process of a short sale or an actual foreclosure. Due to these instances, the financial mortgage lender is in charge of providing these 1099-C tax forms and in turn will not be pursuing a judgement deficiency. This was said to be great news. With this method, the debt amount that is voided is then shown as an income. Keep in mind that there are always exceptions to the rule. Below are some of the exceptions to the rules that you will find. If you have had a foreclosure on your house, box # 2 on your 1099-C will have this amount written in as a forgiven debt. Under usual circumstances, during the short sale of your home conducted by the local authorities, the financial mortgage lender will purchase your home back from you and it will then become what is known as as R.E.O., also known as a Real Estate Owned. The financial lender’s primary intention is to re-sell the home in the fastest time possible, however in some instances this could take them literally months to accomplish. There is a light at the end of the tunnel however, the cancelled debt amount will be done by the Fair Market Value of the home, which you can locate in box # 7 of your 1099-C tax form. This is an essential aspect as the differing amount between the loan amount and the Fair Market Value is the amount that you should be concerned with and this amount will be shown in box # 2. Keep in mind that if this is your primary place of residence, The Mortgage Debt Relief Act of 2007, states that the cancelled debt amount is not placed as an income to you. If you have had a short sale on your house, this technically means that your house was sold with your financial lender’s okay at a discounted rate. For the short sale you will still get a 1099-C tax form. When the calculation of your cancelled debt is done, they will utilize the actual price that you bought your home for. Keep in mind that if this is your primary place of residence, The Mortgage Debt Relief Act of 2007, states that the cancelled debt amount is not placed as an income to you and a tax form 982 must be prepared.

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

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Tags: Foreclosure, Short Sale
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Pre-Foreclosures

Thursday, February 25th, 2010

When a bank has to take back property from someone who can no longer pay the monthly mortgage, the bank will start a foreclosure process. Reaching the final stages before the bank reposes a home is called pre-foreclosure. The owner still owns his or her home and still has time to make payment before final repossession. Many new real estate investors are unaware of the benefits of buying pre-foreclosures. One of the best ways to buy a home is pre-foreclosures, although there are many other methods of buying used homes. Some of the prices associated with pre-foreclosed homes are the lowest in the industry. The owners of homes that are about to be foreclosed are very willing to accept a greatly reduced price for their home because the have no choice about whether or not they sell their home. These owners will often be happy to sell their homes for even fifty percent below the market value. If you’re looking to save the most money possible there is no better time than this. Another benefit from buying a pre-foreclosed home is that you will be able to make the deal with the owner directly. This will enable a level of control for the buyer by eliminating a third party, and allowing the buyer control of the purchase. If the owner of the home decides they do not want your offer, and they do not find another offer, then the homeowner will lose the home without making any money. If you offer only a small amount, the owner will still be able to make some money from the home rather than making nothing.

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

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