Monthly Archives: December 2012

Short Sale Process

Posted on December 14, 2012 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.

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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Bankruptcy: Advantages and Alternatives

Posted on December 14, 2012 by Blick Law

With the Holidays quickly approaching, many people are becoming mindful of the expenses related to purchasing gifts for loved ones. It is important to remember, especially for those in financial hardship, to spend responsibly over the holidays; and those who are considering filing Bankruptcy it is even more important to be aware that debt accrued over the holidays may not be discharged through Bankruptcy.

Bankruptcy is a complex area of law and involves many considerations, including whether to file, determining which type of Bankruptcy to file, the use of exemptions, understanding the protections of the Bankruptcy Code and using them to your advantage.

Bankruptcy advantages and alternatives to consider:

Elimination of Debt: The main advantage to filing for bankruptcy is the discharge of most debt. The discharge totally eliminates the obligation to pay many types of debt including your credit card debt, old medical bills, utilities bills, unsecured loans, pay day loans, and most other types of unsecured debt. ***Note: Certain types of debt cannot be avoided by filing for bankruptcy including Student Loans, Child Support and Alimony Payments, Court Fines, DUI judgments against the debtor, and debts incurred by Fraud.

Avoid Creditor Harassment: Once a debtor files for bankruptcy, there is an automatic stay on the collection of debt and most creditors must terminate their collection efforts immediately. The stay is an automatic court order that prohibits all sorts of collection attempts by creditors, and postpones most actions against the debtor, including repossessions, garnishments or attachments, utility shutoffs, foreclosures, and evictions.

Get a Fresh Start: You will be able to pay the things that are important to you, and begin rebuilding your credit in peace!

Alternatives to Consider: Bankruptcy is not the only method of dealing with insurmountable debt, and other methods may be more advantageous for your particular situation. Such alternatives may include an out-of-court settlement with creditors, reduction of payments to creditors, consolidation of debts, or payment of debts by sale of assets or borrowing on assets. However, the availability of these methods varies depending on the severity of your financial difficulties, and also requires cooperation from creditors.

If you are having trouble meeting your debt obligations, consult an experienced Tampa Bankruptcy attorney to discuss your options.

Call Blick Law Firm today at 813-931-0840. Make an appointment for a free 15 minute consultation with Michael Blickensderfer to see if Bankruptcy is right for you.

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Blick Law Firm Participates in Book Donation to Children in Need

Posted on December 14, 2012 by Blick Law

Blick Law Firm is hosting a Santa meet and greet to benefit needy children

TAMPA, FL. Dec.  21, 2012— Santa Claus is coming to town!  On December 21, 2012 Blick Law Firm will partner with Gracepoint, The Source for Wellness a nonprofit organization for the 500 Books N Bags program which  provides books to underprivileged children who are in need.

Blick Law Firm is helping Gracepoint collect books from the local community; and as an added incentive, those who show their support will receive free photos with Santa Claus!

Anyone who brings an approved book into Blick Law Firm between noon and 4 p.m. will get his or her picture taken with Santa and receive a light lunch. Please note that all books brought in must be chosen from the approved reading list indicated below. The following books are approved:

Wild Things by Clay Carmichael                                            Across the Universe by Beth Revis

90 Miles to Havana by Enrique Flores-galbis                         Hide and Seek by Katy Grant

The Dangerous Days of Daniel X by James Patterson                        Divergent by Veronica Roth

The Trouble with Half a Moon by Danette Vigilante             Flip by Martyn Bedford

Saint Louis Armstrong Beach by Brenda Woods                   The Juvie Three by Gordon Korman

The Name of the Star by Maureen Johnson                           Matched by Ally Condie

Lost in the River of Grass by Ginny Rorby                           I will Save You by Matt de la Pena

Please Ignore Vera Dietz by A.S. King                                              Cloaked by Alex Flinn

Amy & Roger’s Epic Detour by Morgan Matson                   Blank Confession by Pete Hautman

The Queen of Water (Mature Reader) by Laura Resau                    Stupid Fast by Geoff Herback

Happenstance Found by P.W. Catanese                                 Rot & Ruin by Jonathan Maberry

My Fair Godmother by Janette Rallison                                Recovery Road by Nelson Blake

The Graveyard Book by Neil Gaiman

Mostly True Adventures of Homer P. Figg by Rodman Philbrick

The Long Walk to Water: Based on a True Story by Linda Sue Park

Charlie Joe Jackson’s Guide to Not Reading by Tommy Greenwald

Little Princes: One Man’s Promise to Bring Home the Lost Children of Nepal by Conor Grennan

To ensure that certain books aren’t purchased substantially more than others, Gracepoint has created an online wish list at www.tinyurl.com/gracepointbooksnbags.

Blick Law Firm will also provide a way for those unable to purchase a reading book beforehand to do so at the event, by computer.

“We are a Christian firm so we really think it’s important to give back to those less fortunate than us, especially around the holidays,” said Michael Blickensderfer, owner of Blick Law Firm.

Blickensderfer donates year round, as he contributes 10 percent of his profits to charities and missions in need.  In the past year Michael has donated either his time or money to the Children’s Cancer Center, Feeding Children Everywhere, and alike. In addition to being a helper to the community, Blickensderfer has 25 year’s legal experience and extensive trial and courtroom knowledge. Blickensderfer is a former Marine, former prosecutor and is licensed in Florida, New York and New Jersey.

The event will be at 4351 Gunn Highway in Tampa and it will be from noon to 4 p.m.  For any questions about the event follow Blick Law Firm on Facebook at http://www.facebook.com/blicklawfirm or call Blick Law Firm (813) 931-0840.

About Blick Law Firm
Blick law Firm is a local Tampa Bay legal firm specializing in personal injury, criminal and real estate law all across the state of Florida. The owner, Michael C. Blickensderfer, has over 25 years’ legal experience in Florida, New York and New Jersey. Blick Law Firms practice areas include criminal law, DUI/ Traffic, real estate transactions, loan modifications, short sales, foreclosure defense, bankruptcy, title insurance and real estate litigation. We also serve clients in personal injury, including auto accidents, motorcycle accidents, slip and falls premises liability, dog bites, marine and aviation accidents and wrongful death. For further information regarding our legal services please visit our website at www.blicklawfirm.com.

* The hiring of an attorney is an important decision that should not be based solely upon advertisements. Before you decide, ask us to send you free written information about our qualifications and experience. Copyright © 2010 by Blick Law Firm. All rights reserved. Disclaimer

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Personal Injury Protection: Reform and Important Info

Posted on December 12, 2012 by Blick Law

With the Christmas holiday approaching, a steady trend of increased traffic on Tampa roads continues to grow. This trend over the holiday leads to an increased number of automobile accidents and a greater rate of drivers sustaining injuries on crowded Florida roads. In Florida, all drivers are required to carry auto insurance to cover the cost of damages that arise after an auto accident.

Personal Injury Protection (PIP) is a mandatory coverage on Florida car insurance policies that covers medical expenses, lost wages, and other damages. The original purpose of PIP coverage was to make sure that anyone injured in an auto accident would quickly receive money to treat their injuries. In Florida, all drivers are obligated to obtain a minimum of $10,000 PIP coverage for medical bills and lost wages following an auto accident.

In 2012, the Florida legislature passed into law PIP reform which takes effect on January 1, 2013. The new law now requires that  injured persons seek medical treatment within fourteen (14) days of an accident or the injured party will be barred from using PIP coverage for valid accident related medical treatment. Additionally, the new PIP law bans the use of PIP dollars to pay for massage or acupuncture treatments and will limit the payout for non-emergency treatment of accident-related injuries to $2,500.00.

A widespread concern is that accident victims with serious injuries won’t be able to get the care they need if they sustain an injury such as a whiplash or herniated disc because these injuries may not qualify as an emergency. Nonetheless, supporters of the bill insist that the reform will contribute to overall lower insurance premiums and provide much needed relief to Florida drivers.

Remember, it is always important to be aware of the changing laws regarding insurance coverage in order to effectively protect yourself in the event you sustain an accident related injury.

In an effort to reach out to our partners and clients, we have recently coordinated with Tampa General Hospital (TGH) to offer their over 6,500 employees discounted access to our legal services. We are proud to work in conjunction with TGH’s PerksCard Network, and look forward to providing quality legal service to all our clients.

If you or a loved one has been a victim of an auto accident and have questions concerning your rights, call Blick Law Firm today at 813-931-0840 to schedule a free 15 minute consultation with attorney Michael Blickensderfer. Think quick, call Blick!

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Arrested over the holiday?

Posted on December 10, 2012 by Blick Law

Over the Holidays, most people spend extra time celebrating with friends and family; but many times people get carried away in their celebrations over the holidays. An increase in arrests concentrated over the holidays usually occurs as people tend to behave irresponsibly during these festive times. Arrests for DUI, trespass, disorderly conduct, and various alcohol related offenses tend to increase over the holidays. It is important to be responsible over the holidays, but also to be aware of your rights in the event you are arrested.

When confronted by police, people often become nervous because they are unsure if they may be in violation of some ordinance or law. The difference between merely being detained by police and arrested creates different limitations to your rights. It is important to understand what you can do. Police may stop you, and it is not considered an arrest if you are just briefly detained.

A detainment occurs when an officer stops and questions a person of interest, generally for a shorter period of time, and requires less than “probable cause” to make a detainment. An officer can detain anyone if they have a “reasonable suspicion” that the person committed or was involved in any criminal activity.

In the event you are stopped for questioning, it is important to remain calm, be polite, keep your hands visible at all times, and do not attempt to flee. You do have the right to remain silent, however, it is best to identify yourself first and then notify the officer that you are exercising your right to silence.

If you are unsure of the situation, you can ask the officer why you have been detained and if you are under arrest. If at that time you are not under arrest, you have the right to leave. If the officer proceeds to arrest you, you have the right to speak to a Criminal Defense Attorney.

An arrest occurs only upon a determination of “probable cause”, this means the officer must have more than just a “suspicion”, the officer must have a “reasonable belief” that you committed a crime. Once the arrest is made, an officer can lawfully conduct a search incident to arrest of your person for weapons, evidence, and contraband. At this point, the officer can hold you in jail for up to 24 hours or until a warrant is issued for the charges.

Anytime you are stopped and arrested it is important to quickly consult a Criminal Attorney regarding your rights and advice on what you should do. If you have been arrested for a criminal offense, or even issued a citation for a traffic violation, call Blick Law Firm today at (813) 931-0840 to schedule an appointment for a free 15 minute consultation with attorney Michael Blickensderfer. Think quick, call Blick!

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Personal Injury: Auto Accidents Over the Holidays

Posted on December 6, 2012 by Blick Law

With the Christmas holiday approaching, a steady trend of increased traffic on Tampa roads continues to grow. This trend over the holiday leads to an increased number of automobile accidents and a greater rate of drivers sustaining injuries on crowded Florida roads. In the event you are involved in an accident, it is important to know your rights.

Parties to an accident are often times contacted by insurance companies in an attempt to get personal injury victims to settle an injury claim quickly, and for a non-negotiated amount. Before a settlement offer is even discussed, it is extremely important to first know the extent of your injuries.

Usually, the severity of damage sustained in an accident is not easily determined, and in many cases an injured party may suffer soft tissue or latent injuries that do not arise until much later. However, once a settlement agreement is made and tendered, an injured party releases their right to recovery for injuries related to that particular incident.

If you are involved in an auto accident, it is always important to first seek medical attention. After an auto accident, it is best to go immediately to the hospital or other treatment facility to determine the extent of your injuries and pinpoint the necessary steps of rehabilitation that might be required.

Secondly, an injured party should always contact an attorney for legal consultation and general information on how to proceed following an accident. In the event an insurance company contacts you regarding your injury claim, do not offer any recorded statements without first consulting with an attorney.

If you or a loved one has been in an accident and need legal advice, call Blick Law Firm today at (813) 931-0840. Schedule a free 15-minute consultation with attorney Michael Blickensderfer.

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