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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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Posts Tagged ‘Mortgage’

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Short Sale and Foreclosure

Friday, July 30th, 2010

The best short cut to completing a short sale is actually having the lender sell the note to the property buyer. Yes, often the lender will consider selling the note at a discount when it won’t do a short sale. The difference to the lender is the cost and time saved in selling the note versus the drawn-out time required to complete a short sale.

The options to the lender are to:

1.) complete the foreclosure through the court system, which it will have to do if there are additional liens against the property that must be “extinguished”,
2.) complete a short sale to an investor who may or may not close on the transaction, despite having given a deposit and showing proof of funds, or
3.) selling the mortgage note to a buyer in a few days at a discount they would have accepted on the short sale, and have no further headaches.

Generally this decision is an easy one in accepting the best offer that nets the lender the most money in the least time. However, some lenders have policies about what discounts they will take and often they have an internal policy of not selling their single mortgages at a discount to investors. This varies greatly from lender to lender and I am always surprised when I make an offer only to be told that the loss mitigation representative says “I’m not sure”.

If we want to make an offer to the lender to buy a note, we preface the conversation with “We often buy the mortgage note (trust deed) at the same discount we would pay for a short sale and we continue the foreclosure”. We go on to explain that the lender can be out of the mortgage in seven days or less instead of 30 – 60 days or more. The benefit to us as investors is to get the transaction done and know we control the property. You do not have to have the deed to the property because you can continue the foreclosure and get the property at auction.

Full Article

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

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Tags: Bankruptcy, Debt, Debts, Economy, Foreclosure, Home, Homes, House, Jobs, Loan, Money, Mortgage, payments, Property, Relief, Sale, Short, Short Sale
Posted in Real Estate | No Comments »

Avoid Mortgage Foreclosure Easily

Thursday, July 29th, 2010

When almost all grownups are asked on what their want is they would always say that they would want to maintain their family very well and they also want to maintain the same quality of living without taking any major risks or shortcomings.

One of the biggest concerns for a family runner must be to provide proper shelter, to provide good quality shelter, it is almost essential to buy property on loan, but one must also concentrate that their dues do not lapse; mortgage foreclosure is one of the biggest problems everyone wants to prevent.

Necessary care must be taken to prevent such an incident from occurring as it means disaster for the family.

It is also normal that one may run into unforeseen trouble and such problems must be faced and alternate routes must be found around the problem at all cost. One must not bow down to defeat; fighting spirit is the most important amongst all human spirits.

Make sure you act fast and go along the right direction when you face problems. The right approach is essential to find solutions for all problems.

Learn about your state

If there is even a remote possibility to face foreclosure, one must act fast and in ways that success are almost assured. And is likely that your mortgage company may refuse to provide proper information on what you need to know exactly.

Full Article

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

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Tags: Avoid, Avoiding Foreclosure, Bankruptcy, Debt, Debts, Economy, Foreclosure, Homes, House, Jobs, Loan, Money, Mortgage, payments, Relief
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Facing Foreclosure

Thursday, July 29th, 2010

It’s sad to say that during these troubled times more people are watching their homes go into foreclosure. This happens to homeowners for many reasons. Whatever the cause, lenders do not think of homeowners as humans. They are a calculated number, a risk and if you are a negative number to them, your options may be limited. Without knowing their options, a homeowner can be left feeling very helpless.

Once a homeowner falls behind on their mortgage payments, the collection calls start flowing in like floodwaters from a broken dam. This is not only frightening, but also very annoying as it intrudes on both your professional and personal life! After being behind for 90 days the lender sends a public default notice. This means the foreclosure proceedings have officially started and the home has entered the pre-foreclosure stage. The process varies depending on the lender and your state, but the basic process is the same.

Many homeowners see pre-foreclosure as a kind of a grace period, and in essence, it is. In this stage, the homeowner is being informed that they are in default of their mortgage and they need to bring their payments current as soon as soon as possible to avoid losing their home. During this stage the lender is unable to repossess the property. Once the pre-foreclosure stage begins, the homeowner has to face some tough decisions to avoid foreclosure. There are a two ways the homeowner can keep their lender from repossessing their home.

Full Article

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

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Tags: Bankruptcy, Debt, Debts, Economy, Foreclosure, homeowners, Homes, House, Jobs, Loan, Money, Mortgage, payments, pre-foreclosure, Relief
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How Do I Avoid Foreclosure

Thursday, July 29th, 2010

Foreclosure is the legal process by in which your lender legally takes over control of your home because you have failed to make the payments on your loan. Foreclosure can be one of the most stressful times in your life and so it is important to make sure you understand your options and your legal rights. The process and length of time you will be in foreclosure, as well as length of time before you will be foreclosed on after your first missed payment, are different in every state, so it is important you research information that is specific to your state and that you talk to a professional in your state, or who at the very least, you know is an expert in foreclosure law for your state.

The reasons for why people face being foreclosed vary, but the most common reasons are medical and health related. Even with the sub-prime mortgage crisis, which is still dragging down the economy, most people that are facing foreclosure did not bring the problem onto themselves by spending more than they could afford. Most foreclosures are the result of health problems, which can lead to exorbitant bills and also force people to miss months of work. If you are facing foreclosure, realize that the problem is not your fault, do something about it, and get in touch with a professional that can help you.

Full Article

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

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Tags: Avoid, Bankruptcy, Debt, Debts, Economy, Foreclosure, Homes, House, Jobs, Loan, Money, Mortgage, payments, Relief
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Homeowner Solution

Friday, July 23rd, 2010

As a homeowner do you ever see yourself in the midst of difficulty paying your mortgage each month? Have you struggled because you had fallen behind the balances of your mortgage? Whatever the price is, for sure it can bring anxiety or strain to the family. And worst of all, Your house can be taken away if you don’t have means of paying it back. Once you are experiencing the hardship on your repayments, you have to begin acting as early as possible and know all the solutions applicable. The economic downfall has a domino effect and whether you like it or not, almost every household is being affected. Chances are you could give back the house to the lender. Sell it by yourself or by contacting a real estate agent, to have your house listed in the market. However, there are other options or ways such as selling your house to a company that will let you rent your house back and remain to your home. The last option is the best option to those people who cannot maintain paying their mortgage and facing arrears. It’s practical and quick. If you are considering selling your home then renting it back. First is, you have to find a good reliable company. There are companies online that offers you a chance to stay after they bought it. These people can get back to you in as fast as 24 hours. And your house can be sold in weeks. You should then give the information about your home, like what type of property it is, your area and of course the cost of your house. For sure this people will contact you to talk about the possibility of buying your property and discuss how much is the cost. If you found it satisfying and reasonable enough, they would come visit your place and provide a written quote. Also they should be giving you other important information such as the amount of renting it back. And how much your house will be in you decided to buy it back anytime in the future.

Full Article

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

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Tags: Bankruptcy, Debt, Debts, economic, Economy, Foreclosure, Home, Homes, House, Jobs, Loan, Money, Mortgage, payments, Relief
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Understanding Foreclosure

Thursday, July 22nd, 2010

The moment you receive a foreclosure notice, the best step to take is not to ignore the letter. What is expected from you at that moment is to pick up your phone or even pay the company a visit. The truth is that until you explain your situation they simply might be led to believe that you don’t want to pay up.

Besides, you placed yourself in that situation; you are the same person who put the house up as collateral; you are going to have to be the person to get yourself out. Foreclosure might seem rather foreboding, but it is the fight that you have to fight if your life is going to stay the way you like it to be. But you can win, and stop the proceedings too.

Having made a mortgage, you are expected by law to fulfill the obligations that you signed up for. The absence of activity on your part allows for them to serve you the foreclosure notice to avoid losing what you hold so dear. Find someone to help you present a legal case that helps you keep it.

Full Article

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

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Tags: Bankruptcy, Debt, Debts, Economy, Foreclosure, Homes, House, Jobs, Loan, Money, Mortgage, payments, Relief
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Short Sales

Wednesday, July 21st, 2010

The recent housing bust has impacted every corner of the housing market throughout America. Approximately 15% of all homes are currently underwater which means the value of the house is lower than the outstanding balance on the mortgage. Homeowners are unable to sell because they would be required to bring cash to the closing table for the difference between the selling price and the mortgage balance.

An option for homeowners stuck in this situation is a short sale. A short sale occurs when a bank allows a homeowner to sell the property for less than what is owed on the mortgage. Banks are willing to consider a short sale because it is possible that they will loose less money than if they foreclosed on the property and then tried to sell it as an REO (real estate owned) property. You must get your bank to agree to the sale since they will be forgiving part of the debt that you owe them.

Before a seller considers doing a short sale, he must be aware of these four items and what impact they will have. They may determine whether or not you want to consider pursuing it.

Seller must prove to the bank that they have a bona fide hardship

Banks are in the business of making a profit and for that reason they are not willing to forgive part of the balance of the mortgage for sellers who are underwater. If the bank knows that you can make the monthly mortgage payment then they will expect you to make the payment. On the other hand if there is a financial hardship banks will be willing to work with you so they can limit their loss. Banks will ask you to document your financial hardship by providing bank statements, pay stubs and tax returns. If you do not have a financial hardship, you will not be able to get the bank to agree to a short sale.

Your credit score will tank

When a bank performs a short sale, this action is recorded with all three of the major credit bureaus (Equifax, Experian and TransUnion). The notion in your credit will show that the mortgage was terminated in a short sale. It is not unusual to see your credit score drop anywhere from 100 to 150 points as soon as this notation shows up in your credit report. This notation will remain on your credit report for seven years. Future lenders will be wary of any application for credit with this notation on your credit report. The only saving grace is that your score will eventually recover and it will recover faster under a short sale than if you let the property go into foreclosure.

You may be limited on your ability to purchase another house

Fannie Mae recently changed their lending requirements. If you sell a property via a short sale, you will not qualify for a Fannie Mae financed loan for two years from the date your home was sold. If you will be using Fannie Mae backed financing, there is no exception to this rule. If you want to purchase another home within two years, you may have to seek alternative financing or mortgages that are not backed by Fannie Mae.

Full Article

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

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Tags: Bankruptcy, Credit Score, Debt, Debts, Economy, Foreclosure, Home, Homes, House, Jobs, Loan, Money, Mortgage, payments, Property, Relief, REO, value
Posted in Real Estate | No Comments »

Foreclosure

Wednesday, July 21st, 2010

When faced with foreclosure issues, many are unsure of how to stop foreclosure effectively without affecting their credit scores and saving their homes at the same time! If you are wondering about the ways to stop foreclosure, do not worry as there are quite a number of ways where you can still salvage your home and keep your credit ratings intact without opting for bankruptcy. Let us now look at what can be accomplished without losing your home or your financial security, and still put an end to foreclosure trouble!

Firstly, ensure that you do not move out of your home no matter what! Moving out during foreclosure proceeding would mean you would lose out on home-owner benefits such as the one-time FHA mortgage insurance, thus keep in mind that you should stay in your home as you try to work out ways to save your home from being auctioned off! Let us now look at how you can salvage your home:

1) Request for a hearing at your local circuit court. This is a legitimate way to buy you time to sort out your finances, as it would probably take months, or even years for your case to be heard at the court! Thus you could still stay in your home after you file for a case, and sort out your financial situation before your case is discussed.

2) Make use of a hardship letter, and discuss refinancing prospects with your creditors. If your hardship letter is drafted well enough, your creditors might even consider waiving your missed payments for the time being, and allow you time to catch up on the payments that you have missed once your finances are in better shape! Always remember to write your hardship letter yourself, and make it as personal as possible. Negotiating with your current creditors is always the easiest way of dealing with mortgage foreclosure trouble, but if this doesn’t work, then you should consider refinancing your home with other lenders available in the market today.

Full Article

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

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Tags: Bankruptcy, Credit, credit scores, creditors, Debt, Debts, Economy, FHA, finance, financial, Foreclosure, Homes, House, Jobs, Loan, Money, Mortgage, payments, ratings, Relief, score
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Foreclosure is Not Inevitable

Monday, July 19th, 2010

If you are having difficulty meeting the mortgage payments of your home, act promptly to ensure that you understand the steps that you can take to avoid foreclosure. Do not wait until you are at risk of receiving a Notice of Default. Learn about the options now so you can get help with foreclosure avoidance strategies. You will need to understand the pros and cons of each option and to select the one that is best for you.

Loan Refinance

One method of avoiding a foreclosure is to refinance your loan. Under the Hope for Homeowners program, the FHA will insure a mortgage that is not greater than ninety % of the appraised value of your home. To meet the requirements, your loan repayments must exceed 31 percent of your gross revenue and you must not own another property. You will have to pay closing costs and mortgage insurance. You shall be restricted from taking an additional mortgage on your home for the next five years, except it is for emergency repairs. You must also agree to share the equity in your home at the time of the loan in addition to any future appreciation in the value of your home.

Mortgage Modification

A loan modification results in a lowering of the monthly mortgage payments. Homeowners that had an ARM adjust have found aid in a loan modification. The modified mortgage can be reduced significantly a month and may be the very best resolution to keeping your home. Although mortgage modifications are pretty new to the market, this program has proved to be a helpful asset to help with foreclosure and hold the monthly mortgage payments affordable. Contact your bank to determine whether this is a viable option.

Full Article

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

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Tags: avoidance, avoidance strategies, Bankruptcy, Debt, Debts, Economy, Foreclosure, Homes, House, Jobs, Loan, Modification, Money, Mortgage, Mortgage Modification, payments, Refinance, Relief
Posted in Real Estate | No Comments »

Stop a Foreclosure and Save Your Home

Monday, July 19th, 2010

Foreclosure is happening every single day to lots of people who don’t deserve this sad fate. If you are dealing with foreclosure because you’ve received a notice, you are probably very concerned. But even at this point there are things you can do to prevent it. If you want to find out how to stop a foreclosure and keep your home, here’s what to do.

First of all, make up your mind that you are going to do everything in your power to not let it happen. If you do this, you stand a far better chance of being able to avoid the trauma of having to move out of your home.

You may be feeling skeptical right about now. But the cold hard truth is homes everywhere have been greatly devalued. Many homeowners have thrown in the towel and walked away from their mortgages and their homes. Lenders are losing a great deal of money every time this happens. So if you can approach your lender with a plan of action you may be able to prevent the foreclosure from going through.

Here are a few of the options you have to stop a foreclosure.

Before you do anything else, contact your lender and set up a meeting so you can discuss the situation face to face. Make it very clear that you want to find a way to stop the foreclosure process and you want their assistance to do that.

Bring paycheck stubs, financial statements, and whatever else you think will demonstrate your ability to make some amount of a payment every month.

Being honest and upfront with your lender may help you to renegotiate your mortgage. Your home is probably worth less than you owe on it in the economic climate today. Point out to your lender that both your family and the bank will lose if your house goes into foreclosure.

Full Article

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

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Tags: Bankruptcy, Debt, Debts, Economy, financial, Foreclosure, Homes, House, Jobs, Loan, Money, Mortgage, mortgages, payments, Relief
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