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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 1st, 2010

Chapter 13 Bankruptcy

Monday, February 1st, 2010

If you have fallen behind in payments to creditors such as your mortgage holder, car loans, etc. then you may be considering a Chapter 13 Bankruptcy or Chapter 7 Bankruptcy. Many things should be considered when determining which chapter bankruptcy you should choose. You should consider your income and earning potential and also whether you are looking to surrender your property or keep it. If you have the ability to make payments and you want to keep your property then Chapter 13 bankruptcy is most likely the best choice for you. With a Chapter 13 Bankruptcy you will be able to establish an acceptable payment plan thus allowing you to keep your property. If your property is considered exempt or non exempt you are still allowed to keep it. Your debts are not canceled but they may be reduced under Chapter 13. During your time of struggle with payments a certain creditor may have garnished your wages for your debt. Under Chapter 13 bankruptcy you will be released from this garnishment. (Although, your Chapter 13 payment may be taken directly from your check.) You are also granted an immediate stay from creditor action such as calls and threatening letters. Your creditors are not allowed to contact you personally for the duration of your Chapter 13 Bankruptcy plan. If your Chapter 13 plan makes full payment then any co-signers you may have had for any loans will also be provided protection against creditors.

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

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Tags: Bankruptcy
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How to End the Process of Foreclosure

Monday, February 1st, 2010

For those who have owns to pay for and have been retrenched or sacked recently in view with the recent global recession, life may seem extremely difficult at the moment, financially at least. Nobody wants to be left on the streets with nowhere to go when you lose your home through foreclosure. Many are facing this dreaded situation as they are unable to service their mortgage payments, and creditors move in to seize their homes when this happens. When this happens, panic not. There are plenty of ways for you to buy time and avoid the negative impacts of foreclosure. All you have to do is stop worrying, and find the best solution from the suggestions that are provided below. Trust me, although you might not be able to save your home, you might still be able to delay mortgage foreclosure for a few months, or even a year or two is fortunate. Let us look at ways to delay or put an end to foreclosure issues:
-Use a hardship letter – remember that your creditors have been hit hard by the recession as well, and they would understand your situation if you explain it to them through a well-drafted hardship letter. You could delay payments for a specific period of time until you are more stable financially and able to catch up on your normal payment schedule.
-Negotiate with your lenders or creditors – you could refinance your home by negotiating a lower repayment amount, probably spread over a longer duration. Or you creditors might be open to the idea of lowering your total loan, by accepting a lesser amount with the concept of getting less is better than getting nothing at all. Any of these might work, so schedule a meeting with your creditors, and work out a solution that works well for both parties.
-Seek help from external organizations as well as government help to stop foreclosure. Many financial institutions offer mortgage refinancing services, at better terms than your current deal, thus explore that option. Or make use of President Obama’s Loan Modification and Mortgage Modification offers and work out a solution to help stop foreclosure. There is bail-out funding available for those who need it as well, as banks are trying really hard to remove bad debts from their portfolios.

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

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Tags: Foreclosure
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How to Stop Foreclosure

Monday, February 1st, 2010

Facing foreclosure and wondering what to do in order to combat this humiliating issue? The past two years have been extremely challenging ones in terms of finance for many of us out there, resulting in many of us not being able to service our mortgage payments and resulting in facing foreclosure issues. One may wonder if there are ways to stop foreclosure although you have tried every other method possible to delay or eliminate the danger of this issue. Obama’s Loan Modification and Mortgage Modification Plans have not worked as successfully as anticipated, so are the alternatives to help homeowners save their homes? The answer is yes, there are ways to stop home foreclosure and live in your home indefinitely despite not paying your monthly mortgage payments. All you need is the correct knowledge, and execute your strategies correctly to save your home. You could even do it yourself without the help of a lawyer! Let us look at some of the methods for you to stave off foreclosure, and retain your home for some time to come:
-Use a hardship letter to stop foreclosure- hardship letters are used by homeowners who struggle to cope with monthly mortgage payments to help negotiate a delay in the payments durations with the creditors. A well-written letter would obtain you a minimum of a few months, or up to two or three years if you get lucky. Use this period to catch up on your payments, or refinance your mortgage plan.
-Avoid receiving the foreclosure notice – the rules state that the notice has to be received by one who lives in the home in question, and signed before the notice is functional. Refusing to sign the notice would get you a few months of grace period. Even after receiving the notice, take time to reply to the summons.
-Request for a hearing at the local court. Considering that there are hundreds of cases on hold and in the waiting list, it could take years for your case to be heard. In the mean time, you could continue to live in your home without paying anything to your creditors.

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

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Tags: Foreclosure
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Bankruptcy

Monday, February 1st, 2010

Unfortunately, the global recession has not just hit big corporations and government agencies. No, even families and individuals are suffering as a result of a tough economic climate. With pay cuts, redundancies and businesses closing altogether, it has never been tougher for the average American to make monthly payments on financial commitments. If you are one of the millions who are on the brink of financial ruin, there is a good possibility that you are considering bankruptcy. If you are in a position where you are going to be unable to pay off outstanding debts even within a few years and with changes to your spending habits, then you should be considering bankruptcy as a viable and legitimate answer to your problems. However, for those considering bankruptcy, a major reason people are deterred is the fact that it is a matter for public records. Yes, anyone will be able to see that you have been declared bankrupt and there is a certain social stigma attached. But really, you should not worry about this. Of course you feel embarrassed, that’s natural. And perhaps the reasons for your current financial situation were your own poor spending habits and decisions. However, everyone knows how easy it is to overspend with credit companies thrusting hard to resist ‘easy money’ options at you. That is not to say that you are free of any responsibility. Of course not. But you are not the only person in this position. Far from it.

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

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Tags: Bankruptcy
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Chapter 7 Bankruptcy

Monday, February 1st, 2010

Understanding Chapter 7 Bankruptcy. Also known as a “liquidation”, Chapter 7 bankruptcy provides a court-appointed trustee to gather and sell all properties. The money raised is then used to pay off creditors. A majority of Chapter 7 cases are “no-asset” cases, wherein you have no non-exempt property for the trustee to see. Note that not all debts can be settled through bankruptcy. Debts that cannot be paid include:
Alimony and child support
-Recent back taxes
-Student loans
-Fines and penalties by government agencies
-Luxury purchases in the amount of $550 or more made in the last 90 days
-Cash advances totaling %825 or more made in the last 70 days
-Fraudulent debt
Filing Chapter 7 Bankruptcy. Set up an initial meeting with your lawyer to determine if bankruptcy is right for you. Bring a list of all your creditors, the types of debt and amount you owe. Be prepared to go over your financial history. Your lawyer needs to know your source of income, the amount you make each month as well as details about your monthly expenses. Upon present this information, you need to fill out Bankruptcy Forms to submit to the bankruptcy court. These include an official petition, schedules, and statement of financial affairs. Filing fees for Chapter 7 include a $299 case filing fee, a $39 administration fee, and a $15 trustee surcharge. Twenty to forty days after filing a bankruptcy petition, you will attend a 341 hearing. Trustees will ask you questions about your debt and the properties you own. Creditors are invited, but rarely make a presence. Upon filing for bankruptcy, all debtors must stop calling you. The trustee takes over non-exempt property. From the sale of your property, the trustee pays all administrative fees, and distributes the remaining amount amongst creditors.

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

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Tags: Bankruptcy
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