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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 11th, 2010

Bankruptcy Filing Process

Thursday, February 11th, 2010

It is recommended that you consult with a Board-certified Bankruptcy Attorney that can guide you through the Bankruptcy process. It is important to note that every situation is different and the process varies for each individual. The following are basic steps when filing for Bankruptcy.
-Make an appointment to consult with a Board-certified Bankruptcy Attorney to discuss all your options.
-You will need to collect all necessary documents for your attorney to review. The importance of gathering and organizing all financial documentation is essential when filing for Bankruptcy. Failure to do so can cause your case to be dismissed by the court. Your Attorney will advise you on what types of documentation is required by the court.
-Regardless if you are filing Chapter 7 or Chapter 13, you must complete a Means test. The means test is used to identify debtors who may have financial resources to pay back a portion of their debts to creditors. Your attorney can provide further information regarding this test.
-Bankruptcy begins by filing the official petition, schedule of your financial status and statement of financial affairs with the Bankruptcy court, and paying a filing fee.
-Once you have filed your bankruptcy petition, you will need to attend the meeting of the creditors. This is usually 30 days after filing for bankruptcy. This is a mandatory meeting. The Bankruptcy trustee will conduct the meeting. This meeting is short and you will be asked questions regarding the paper work you filed with the courts.

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

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Chapter 7 Bankruptcy

Thursday, February 11th, 2010

Unfortunately, a great number of Americans find themselves unable to pay their bills each month. If you are in this situation, there are many possibilities which you should consider. Cutting back on your expenses and restructuring your budget is an important start, and sometimes getting a part time job to bring in additional income may also be necessary. However, many times these steps are simply not enough. You may not be able to find a second job because of an illness or injury, or your debts may simply be too high for you to resolve without bankruptcy. If, after discussing your circumstances with a lawyer, you decide that bankruptcy is the best option for you, you should be aware of the recent changes in the chapter 7 bankruptcy laws. So what is chapter seven bankruptcy anyway? First of all, you should know that chapter seven bankruptcy is the most common option because it is designed to completely wipe out your debts without any kind of repayment plan. This is the kind of bankruptcy that was targeted in the recent bankruptcy laws. The credit industry complained that far too many consumers were able to discharge their debt too easily. Whether or not this was the case, Congress decided to pass the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005. This law established a test called the means test, which basically asks consumers to prove that they cannot afford their debts. Anyone who makes more than the median income in his state of residence will have to go through these more rigorous rules that are part of the means test.

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

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Avoiding Foreclosure

Thursday, February 11th, 2010

With everyone scrambling these days to avoid foreclosure in any way possible, mistakes are bound to be made. It is only common sense to think that if you can learn from the mistakes of others, and keep from repeating them yourself, then your chances of getting out of foreclosure are much greater. Here are a few mistakes you should avoid when attempting to stop foreclosure:
-People want to avoid the very issue of foreclosure, so they ignore the phone calls from their lender and don’t talk to them about those missing payments. Communicate with them, if you don’t, it will only make things worse.
-People decide ahead of time that there is nothing they can do to stop foreclosure on their own. Nothing is farther from the truth. Every day, year after year, uneducated people learn how to buy and sell and make a profit from houses in foreclosure. If they can creatively stop a foreclosure, so can you.
-People rely on the wrong kind of help. While it is no secret that foreclosure help is out there, not every “type” of help will actually stop every foreclosure. People have different reasons for getting into foreclosure and therefore, will require different ways to getting out of foreclosure. This isn’t a “one shoe fits all” type of a deal. It is important that you discover which way to stop foreclosure is best for your individual situation.

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

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Tags: Foreclosure
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Stopping Your Foreclosure

Thursday, February 11th, 2010

When times get tough and financial burdens become too much too bear, foreclosure only makes the situation feel that much more impossible. Being in foreclosure can feel like the heaviest weight on a person’s shoulders and with so much to think about in the midst of hardships like these, many homeowners are wondering if there are ways to stop foreclosure? The answer is yes, and there is more than one way. Different ways to stop foreclosure have been around for years, before and after the current economical crisis. People who are equally uneducated about foreclosures have learned successfully to buy, sell and stop foreclosure (even for a profit) all throughout history. If it is possible for them to stop foreclosure, then you can too. But here is the problem most homeowners face – failure to communicate. This is where most people go wrong and ignoring the foreclosure process will only make it worse. By communicating with your lender about your situation, you can stop foreclosure (through loan modifications, forbearance, or other repayment plans), AND if that fails, simply continuing to communicate with them can delay the foreclosure process long enough for you to find other ways to stop the foreclosure all together. Some other ways to stop the process include;
-Reinstatement of the original loan – this simply means to catch up the past due amount owned and resume the original loan payments. There are many ways to do this including borrowing money through refinancing or a private lender or selling the house.
-Selling the house – we all know what this means, but what people don’t realize is that there are creative ways to sell (or rent) your house quickly where the down payments are large enough to reinstate the loan. Like a lease option for example.
-Short Sale – this is a way to sell your house for less than the amount you loaned to originally buy the house. This must be approved by the lender of course and the homeowner will not profit from a short sale IF the lender approves. Other options should be eliminated before this is considered as there are possible judgments and negative tax consequences.
-Deed In Lieu – this is where you give the lender the deed to your house to avoid the foreclosure process. Other options to stop foreclosure should be eliminated before taking this course of action because, like the short sale, there can be negative deficiency judgments that follow.

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

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Tags: Foreclosure
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Short Sale

Thursday, February 11th, 2010

Home buyers have benefited from the development of short sale properties. It gives them the chance to purchase beautiful homes for cheap prices. However, this transaction has also frustrated and disappointed some people. The sources of such negative feelings are not the short sold homes per se. It actually springs from the lack of knowledge regarding the entire process of dealing with short sales. If you are interested in a home that is short sold, you should start reading this article first. Getting that property would become a lot easier if you know every aspect involved in this type of transaction. Dealing with short sale properties can become very confusing. However, if you are with a person who can guide you all throughout, then you do not have to worry about losing your way. Make sure that the agent you hired has enough knowledge in handling these kinds of transactions. If you think he does not possess this trait, start looking for someone who can assist you better. Another thing that you should ask yourself is whether the listing agent you will work with has experience in handling short sales. He has the task to forward your offer to the bank, and your buyer’s agent is not allowed to represent you in front of the lenders. If he does not have experience in handling these negotiations, your offer would have larger risks of being rejected. You might get surprised with the unusually low price of the particular property you want to purchase. Do you think the seller’s bank would agree to sell it with that kind of price? Of course, they would never settle for a bid that could actually cause them huge financial losses. Actually, you cannot obtain these types of property listings only by offering the stated amount. These kinds of listings accept multiple offers. The highest bidder usually wins the house title. Do not lose hope because you can ask your real estate agent for guidance. Discuss with him the best price that you should offer, and see if it would fit your budget. If you cannot buy it without wiping out your savings account, think twice about your decision.

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

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Tags: Short Sale
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