Florida Law Attorney

Short Sales

RealEstateLawToday — Thu, 17 May 2012 16:48:51 +0000

In real estate, a short sale is a sale in which the proceeds of the sale fall short of the balance owed on a property’s loan. This usually happens when the homeowner or the borrower can no longer pay the mortgage. In this sale, the borrower will have to present the sale proposal to his lender rather than risk foreclosure. The lender then will decide that selling the property at a moderate loss is better off than pressuring the current debtor. There should be consent by both parties before a short sale is done. Why do banks accept this sale proposal? Simply because banks dislike excessive bad loans and excess inventory on their books and will look for a chance to sell the property without a big loss. Lenders too will favor a short sale than an auction because of the many fees involved in an auction, and it would be much convenient taking the discount and be done with the unnecessary headache of an unpaid loan. It does not really matter what kind of house or the condition it is in, all mortgages can be discounted. The best homes to perform short selling are those that need plenty of repairs and work because a lender could give you a bigger discount. Typically, there are additional considerations that could convince a lender to agree to this type of sale, including if the home is located in a bad area where sales are low. Short sales could affect a person’s credit report, although its impact is normally less than a foreclosure. This could remain on his or her credit report for seven years, depending upon the other credit information. It is possible to be able to get another mortgage one to three years after a short sale.

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Effects of Foreclosure

RealEstateLawToday — Thu, 17 May 2012 16:47:32 +0000

Foreclosure is the most dreaded word for homeowners or owners of any property. The reason being manifold, besides the financial impact, the socio-economical aspect, it also impacts the wellbeing of the affected person and their families who are directly/indirectly party to immense sufferings. The scenario is worst in the state of Florida where there are floods of foreclosure applications somewhere in the range of 290000 + cases running in the Florida courts. The state judiciary can play a mediators role to a certain extent however the borrowers would also be willing to settle the issue somehow instead of dragging it on with mala fide intentions. The lenders are also suffering in terms of loss on investments and money blockades. Financial analysts and welfare organizations are yet to churn out a winning solution for this malady. Florida bankers associations have opined that those borrowers who have the means to pay should genuinely make the necessary efforts to do so in the greater interest of all and sundry.

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Benefits of Bankruptcy

RealEstateLawToday — Thu, 17 May 2012 05:49:09 +0000

Bankruptcy often gets a bad rap in our culture, but the truth of the matter is that, for many people, it is the absolutely best option to escape the stress of insurmountable debt and to gain a fresh financial start. Here is a list of some potential benefits to filing for bankruptcy protection. Puts an end to harassing phone calls and letters from debt collectors during the bankruptcy process and, for those debts that are discharged, for good! Creditors and debt collectors must stop contacting you for the duration of your bankruptcy case. Stops repossession of your property and may force creditors to return property that was already repossessed.Halts wage garnishment during the bankruptcy process. Puts an end to the foreclosure process and gives you a well-needed breathing space to catch up on payments. Just knowing that you won’t immediately lose your home can benefit you in so many ways. Provides you the chance to dispute any claims from creditors that you believe or false or inflated in an effort to gain more from you than what they are owed.

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Bankruptcy Tips

RealEstateLawToday — Wed, 16 May 2012 20:57:10 +0000

Debt is frustrating and difficult. The creditor harassment is constant, and you cannot stop worrying about what will happen next. One solution is to file bankruptcy. Chapter 7 bankruptcy is the form of bankruptcy that most people use. Many people have questions about chapter 7 and what it will mean for them. This is an overview of the chapter 7 process and how it unfolds for most people. Most people file a chapter 7 because it is the fastest and easiest way to get out of debt, as well as the least expensive. Chapter 7 is ideally suited for someone who has credit card debt, medical bills, deficiency judgments, garnishments, or who wants to dispose of a house or car. If you were to try to resolve your debts on your own or pay them back, it could take years and cost you thousands of dollars. A chapter 7 bankruptcy usually costs less than $2,000 and takes about three months. Of course, during those three months you are not making any payments, you are protected by the automatic stay, and your lawyer is handling the work in your case. As soon as your bankruptcy lawyer files your chapter 7 petition, you get the automatic stay. The automatic stay requires that all of your creditors stop calling you stop harassing you and stop trying to collect a debt from you. As soon as you file bankruptcy, any garnishments against you will stop immediately. You will not lose all of your property in a chapter 7. This is a very common concern, but you should not worry about it. This is because the bankruptcy code is set up to protect your property and to give you a fresh start. In the unlikely event some of your property is subject to turnover, I can either structure your chapter 7 to protect that property or we can discuss putting you into a chapter 13. You will not lose your house or your car in bankruptcy, if you can afford to keep making the payments. If you cannot afford to keep making the payments and you want to get rid of the house or car, then you can use chapter 7 to get rid of that property and get rid of the debt. If you are behind on house payments are car payments then, depending on the size of the missed payments, you can either come to an agreement with a creditor or we can file a chapter 13. If you are making payments on something you want to keep it, then bankruptcy can help you do that.

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Foreclosure

RealEstateLawToday — Wed, 16 May 2012 20:56:07 +0000

Facing the recession recently has not been easy for many of us out there. If you are one of those that are facing mortgage foreclosure issues and looking for ways to stop home foreclosure, fret not as there are a few effective methods and steps that one can undertake in order to delay or even stop foreclosure. Save your home and avoid having your family on the streets by following the mentioned steps that would prove to be functional and successful in helping your salvage your home, either temporarily or permanently! The four steps below should help those facing foreclosure problems considerably: Schedule a meeting with your creditors and explain your financial situation to them. Ensure that they understand that your financial problems are temporary, and provide proof to show that you are on the road to recovery and will be able to continue your mortgage payments in the near future. Or if possible, negotiate with your creditors to obtain a better deal in terms of your mortgage payments, in other words try to re-finance your home at a lower interest rate or longer payment duration to help you deal with your current financial problems. A hardship letter would also be useful to negotiate with your creditors. If you have missed a few months of payments, you could still stop home foreclosure by catching up on your missed payments by putting it as your number one priority ahead of everything else. Forget your car loan payments, forget your other bill payments, bring home mortgage payments right to the top of the list, and pay your dues until you catch up on your missed payments

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Foreclosures

RealEstateLawToday — Wed, 16 May 2012 14:46:02 +0000

Do not ignore the problem. People tend to run away from their problems if they have the option to. I’m telling you here and now, that running away is definitely not an option here. Maybe it’s time you found those mortgage papers again and become acquainted with your mortgage rights. Then you’ll get to know what exactly it is that your lender can do if you are unable to make your payments. You might even find that it’s not all that bad. Use all the assets at your disposal. We may not even realize it, but we do have the means to pay off our mortgage! Do you have two cars? Well do away with the useless luxury and use it to pay a bit of that home loan. Same goes for jewelry or even a life-insurance policy! You can always get one later. Do a quick list of your spending priorities. It’s amazing what a little bit of organization can achieve. Assign top priority to medical expenditure and the very next on the list should be your housing loan. No shopping, or grocery or even those seemingly necessary items you need to spend money on. When you get mail from your lender, RESPOND to it. Ignoring it is not going to help any and will in fact, just worsen the situation. That might actually lead to a speedier foreclosure.

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Benefits of a Short Sale

RealEstateLawToday — Tue, 15 May 2012 14:54:51 +0000

Homeowners facing foreclosure are in a difficult position. Many homeowners that are behind in loan payments (are soon to be behind) do not have the good credit necessary to refinance the mortgage or modify the loan agreement. If the homeowner can sell the property, he or she will be able to avoid foreclosure but will still lose the home. In some cases, homeowners are upside down in their mortgage, meaning they owe more than the property is really worth. If the homeowner were upside down in the mortgage, he or she would have to bring money to the table to sell the property. The sale price might cover the balance of the mortgage, but not the closing costs, realtor commissions, and repair costs. Most people facing this problem do not have the cash necessary to sell the property. In this bleak situation, homeowners have one option remaining for avoiding foreclosure. A short sale occurs when the lender accepts less than the balance of the mortgage to sell the property to a new buyer. The homeowner benefits from a short sale in many ways. For instance: Most homeowners do not have to bring any money to the table to sell the home in a short sale Some lenders will waive the right to a “deficiency judgment,” which means the homeowner cannot be pursued for the short fall in the future. The homeowner is able to avoid the damage a foreclosure causes to his or her credit score

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Your Foreclosure Rights

RealEstateLawToday — Tue, 15 May 2012 14:45:56 +0000

Understanding what your foreclosure rights are and are not is an important part of being able to stop the foreclosure process. But where can you go to understand what your foreclosure rights are? What determines what those rights are? There are a couple of different places that you can go to start to understand what your rights are in foreclosure. A good place to start is in your loan documentation. That describes, at least in part, what happens when you default on your loan with the mortgage company. While it does not describe in detail what happens in foreclosure, it at least gives you a starting place. Another good place to go is your local or state resources. Every state has different foreclosure laws. Those laws greatly affect the timeline of your foreclosure and what your foreclosure rights are. In some states, these laws lean heavily towards the mortgage company and in others they are more in favor of you. Find out what those laws are so that you can do your best to protect your rights. Call your city, county or state to find out where you can go to know what the foreclosure laws are for your area.

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Staying Debt Free Following Bankruptcy

RealEstateLawToday — Mon, 14 May 2012 14:40:59 +0000

Nowadays many people have given in to the temptation of instant gratification that comes along with easy credit. They feel that it is okay to live above their income level by relying on credit as the means to take them to that next level. It is easy to buy and have it now, then worry about paying for it later on down the road. However, as the debt increases the payments on those monthly bills never seem to stop. Soon living paycheck to paycheck becomes a reality for these individuals. All it takes at this point is for one large unexpected circumstance to occur such as a car repair or major illness and the individual’s finances are sent into a tailspin. The money is no longer available and the credit cards are tapped out, so the decision then becomes to feed the family or feed the creditors. When someone is struggling with overwhelming debt, sometimes the best and only way out is to file bankruptcy. Bankruptcy was created for honest individuals who have found themselves in financial distress and are looking for a fresh star. Bankruptcy was designed to offer people a new beginning, not as a punishment for past mistakes. The thing to keep in mind is that the individual must make some changes in the way they live following a bankruptcy filing. They should learn from the credit counseling and personal financial management courses that they were required to take to get their bankruptcy discharge from the court and apply the information in their new life. This sometimes requires taking a different view of the world and their life as they integrate their newfound financial education.

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Credit Concerns After Bankruptcy

RealEstateLawToday — Mon, 14 May 2012 14:37:13 +0000

The most important thing to remember about your credit and bankruptcy is that the damage has already been done. Long before you ever file for bankruptcy, your credit has already suffered a hit due to missed payments or delinquent account standings. What bankruptcy does is erase your delinquent account standings and resolve your payment troubles; thus, improving your credit score after the discharge. However, it is up to you to ensure that the newly erased debt gets reflected on your credit report. Not all creditors report the most up to date information right away, so it is your job to request your account be updated with the credit bureaus. You can do this by contacting your creditor to request that the account information be updated or provide the credit bureau with a copy of your debt discharge. Your future of credit is far better off after a bankruptcy than before, had you not ever resolved your debt problems. While securing new credit will take some time and planning, it is not impossible and you can definitely get a decent line of credit. The key here is long term goal development and planning for that goal. This means that you shouldn’t just jump into the first line of credit that comes your way, but shop around and find the best line possible. Post-bankruptcy you may be hard pressed to find a decent line of credit, but chances are you can still get a good interest rate. The difference will be that the line of credit with a better interest rate will also likely have a lower spending limit, which is more than acceptable at this point. Since establishing yourself as a responsible borrower is key right now, a lower spending limit with a better interest rate is the best choice in credit. Rebuilding and repairing your credit is a marathon, not a sprint. This means that you need to maintain a responsible payment schedule on a smaller balance for a period of six or more months. Once you have achieved this goal you can move to the next step, a higher spending limit with a higher balance or even a secured line of credit. The key is patience and knowing that true credit repair takes time.

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