Tag Archives: tampa law firm

Sealing and Expunction: Application to Remove Criminal Record

Posted on May 10, 2013 by Blick Law

The consequences for being arrested and charged with a criminal offense extend beyond just the criminal penalties associated with the particular charge; they can also impact your job opportunities, reputation in the community, future earnings, and can even affect personal relationships. In the information age we live in today, details about arrests, charges, and even convictions are readily accessible to the public at large….even if the charges were ultimately dropped or dismissed!

As a remedy for first time criminal offenders, expunction and sealing are available to remove the traces of certain criminal charges. Florida Statutes 943.0585 and 943.059, set forth the criteria that must be met in order to be eligible to have an adult criminal history record sealed or expunged.

It is important to consult with an experienced attorney regarding any questions you may have relating to sealing and expunction, and whether these options are available for your particular situation. Certain offenses are not eligible for expunction; likewise, there are specific guidelines relating to the entered plea and final disposition of the criminal matter that may prevent eligibility for sealing or expunction.

If you or a loved one have been arrested or charged with a crime, have had criminal charges dropped or dismissed and would like to seal or expunge the criminal record, call Blick Law Firm today at (813)931-0840. Think quick, call Blick.

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Foreclosure Defense Tampa

Posted on April 22, 2013 by Blick Law

Foreclosure is the process by which a lender attempts to recover the unpaid balance of a loan after the borrower discontinues payments. Foreclosure allows the lender to force a sale of the home in order to satisfy the remaining balance of the loan.

In Florida, if you have received a foreclosure summons complaint, you have 20 days to answer in order to avoid a default judgment being issued against you. Once your home is threatened by foreclosure, it is important to seek legal advice and explore what options may be available.

It is important to seek legal advice from an experienced foreclosure attorney prior to filing an appropriate answer to a foreclosure summons. The answer to a foreclosure summons can be the difference between quickly losing your home to a default judgment or maintaining and keeping your home for an extended period.

If your property becomes subject to foreclosure, here are some potential remedies to discuss with an experienced attorney:

  • Reinstatement – To avoid the completion of the foreclosure process, you may be able to reinstate the loan by making payments on the past due amount. Generally, the lender will be cooperative if you bring your account up to date, or demonstrate that you now have the means to catch up on the past due payments.
  • Mortgage Modification – The lender may be willing to modify the terms of the mortgage. Modification of the agreement may involve adding payments to the end of the mortgage and simply extend the term of the loan. Modification of the mortgage agreement may also be made by reducing the interest rate of the original Mortgage Agreement, and it could include partial forgiveness of the amount of money you owe.
  • Forbearance Plan – As a borrower you may be able to file a forbearance plan with your mortgage provider. Under this arrangement, the lender will agree not to pursue the foreclosure action; but, the lender will likely require proof of adequate means to satisfy the repayment on the loan. This is generally a viable option if you have encountered a temporary setback such as poor health or loss of employment.
  • Deed in Lieu of Foreclosure – You may also deed the home back to the mortgage provider if the lender agrees to accept a Deed in Lieu of Foreclosure. The lender will take back the property and cancel the remaining debt. You will be unable to keep your home, but avoid foreclosure and minimize the detriment to your credit score.
  • Short Sale – To avoid foreclosure, you may also be able to sell your home for less money than the amount owed. A short sale can be completed by finding a buyer willing to pay current market value to purchase the home and have the mortgage provider agree to the sale. Any shortage after the sale will then either is written off by the lender and an IRS 1099 is issued to the seller, or a deficiency remains which the lender may pursue to collect against the seller.

Foreclosure continues to be a growing problem in Florida, and if it happens to you, the worst thing to do is ignore it.

If you or a loved one are being threatened by Foreclosure or have legal questions regarding any potential legal remedies, call Blick Law Firm today at (813) 931-0840. Schedule a free 15-minute consultation with attorney Michael Blickensderfer to see what your legal rights are in defending a foreclosure action.

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Short Sales vs Foreclosure

Posted on April 11, 2013 by Blick Law

Homeowners are often unsure of what options are available when they reach financial hardship and are faced with foreclosure. A short sale can be a helpful tool when trying to alleviate the burden of a looming foreclosure.

A short sale is an agreement by a mortgage lender to sell property for an amount lower than the balance owed in order to relieve the buyer of the mortgage obligation.  Depending on the negotiated amount of the sale and the timeliness of past mortgage payments, a short sale may help avoid the huge hit to your credit score that foreclosure causes. Additionally, short sale participants can later purchase a home in a shorter time than those who foreclose on their property.

A short sale can be completed by finding a buyer to purchase the home who is willing to pay current market value, and having the mortgage provider agree to the sale. Any shortage after the sale will then either be written off by the lender and an IRS 1099 is issued to the seller, or a deficiency remains which the lender may pursue to collect against the seller.

The short sale process can be complicated, and the lender may not be willing to negotiate. It is important to know that a real estate attorney can help negotiate the sale and terms with the mortgage lender and provide you peace of mind that your sale is being handled by an accountable professional.

If you have legal questions regarding your short sale or you are considering your options, call Blick Law Firm today at (813) 931-0840 to schedule a free 15-minute consultation with attorney Michael Blickensderfer.

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Blick Law Firm is Helping the Hurting

Posted on April 4, 2013 by Blick Law

If I get into an auto accident, does filing a claim affect my insurance rate?Blick Law Firm offers a wide array of legal services to help serve the public including Personal Injury, Criminal Law, Real Estate, and Bankruptcy; we also provide help in Family and Probate Law matters. We are now servicing Immigration legal needs as well. As a result, our blog topics range from auto accidents to short sales.

Grounded in Christian values, Blick Law Firm strives to not only meet the legal needs of its clients and their families, but also to provide physical and emotional support. We treat each client equally and with the utmost respect, offering high-quality legal representation and counsel to those who need us most. We pride ourselves on our motto of Helping the Hurting, and reach out to the community in a variety of ways.

With a reputation built on professionalism, service, and integrity we enjoy long-standing relationships with our clients. We will pursue your case with exceptional service. We pride ourselves with being able to assist your needs, even if you are not able to come to us. Our exceptional staff offers many years of experience and is constantly up-to-date with current legal news and training to make sure your case is properly handled.

Our website www.Blicklawfirm.com provides useful information on our blog that may be helpful in addressing your legal concerns. Additionally, we offer details about our services aimed at providing reassurance that your legal needs will be handled effectively. With over 25 years of knowledge and practice, including a broad range of trial and courtroom experience, we will work hard for you.

If you or a loved one have legal concerns and are seeking quality legal representation, call Blick Law Firm today at (813) 931-0840. Schedule a free 15-minute consultation with attorney Michael Blickensderfer. Think quick, call Blick.

 

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Tampa Short Sales

Posted on March 12, 2013 by Blick Law

Homeowners are often unsure of what options are available when they reach financial hardship. A short sale is an agreement by a mortgage lender to sell property for an amount lower than the balance owed in order to relieve the buyer of the mortgage obligation.

A short sale can be a helpful tool when trying to avoid foreclosure. Depending on the negotiated amount of the sale and the timeliness of past mortgage payments, a short sale may help avoid the huge hit to your credit score that foreclosure causes. Additionally, short sale participants can later purchase a home in a shorter time than those who foreclose on their property.

From an economic perspective, Short sales are simply a more beneficial option than Foreclosure. Lenders have less to lose, homeowners incur less damage to their credit, and the surrounding community is less likely to be affected by the decline in value that follows abandoned properties forced into foreclosure at greatly diminished costs.

A short sale can be completed by finding a buyer to purchase the home who is willing to pay current market value, and having the mortgage provider agree to the sale. Any shortage after the sale will then either be written off by the lender and an IRS 1099 is issued to the seller, or a deficiency remains which the lender may pursue to collect against the seller.

The short sale process can be complicated, and the lender may not be willing to negotiate. It is important to know that a real estate attorney can help negotiate the sale and terms with the mortgage lender and provide you peace of mind that your sale is being handled by an accountable professional.

If you have legal questions regarding your short sale or you are considering your options, call Blick Law Firm today at (813) 931-0840 to schedule a free 15-minute consultation with attorney Michael Blickensderfer.

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Short Sale Process Tampa

Posted on February 12, 2013 by Blick Law

Homeowners are often unsure of what options are available when they reach financial hardship. A short sale is an agreement by a mortgage lender to sell property for an amount lower than the balance owed in order to relieve the buyer of the mortgage obligation.

A short sale can be a helpful tool when trying to avoid foreclosure. Depending on the negotiated amount of the sale and the timeliness of past mortgage payments, a short sale may help avoid the huge hit to your credit score that foreclosure causes. Additionally, short sale participants can later purchase a home in a shorter time than those who foreclose on their property.

A short sale can be completed by finding a buyer to purchase the home who is willing to pay current market value, and having the mortgage provider agree to the sale. Any shortage after the sale will then either be written off by the lender and an IRS 1099 is issued to the seller, or a deficiency remains which the lender may pursue to collect against the seller.

Changes were recently made to help streamline the short sale process including:

  • An expedited short sale approach for borrowers most in need.
  • Lenders will now have the power to quickly and easily qualify certain borrowers who are current on their mortgages for short sales.
  • Lenders will waive the right to pursue deficiency judgments in exchange for a financial contribution when a borrower has sufficient income or assets to make cash contributions or sign promissory notes.

The short sale process can be complicated, and the lender may not be willing to negotiate. It is important to know that a real estate attorney can help negotiate the sale and terms with the mortgage lender and provide you peace of mind that your short sale is being handled by an accountable professional.

If you have legal questions regarding your short sale or you are considering your options, call Blick Law Firm today at (813) 931-0840 to schedule a free 15-minute consultation with attorney Michael Blickensderfer.

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