Disclaimer: Blick Blog discusses topics regarding general legal information for the purposes of educating readers only and should not be construed to be formal legal advice nor the formation of a lawyer or attorney client relationship. Submitting a legal question or receipt of information on this forum does not create an attorney client relationship with attorney Michael C. Blickensderfer or Blick Law Firm. Attorney Michael C. Blickensderfer cannot guarantee a specific result in any legal matter. Also, this website and blog is not intended to solicit clients outside the State of Florida.

Foreclosure Defense | Real Estate Attorney

20140801_204025 (2)A foreclosure happens when one stops paying the mortgage payments, usually for a period of months. At that point, the mortgage company has a right to foreclosure, and legally follows a standard process similar to an eviction. Here are some potential remedies if your property becomes subject to foreclosure:

Short SaleTo avoid foreclosure, you may also be able to sell your home for less money than owed. A short sale can be completed by finding a buyer to purchase the home and 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 a IRS 1099 be issued to the seller, or a deficiency remains which the lender may pursue to collect against the seller.

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.

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.

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.

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

Call Blick Law Firm today and make an appointment for a free 15 minute consultation with Attorney Michael Blickensderfer to see what your legal rights are in defending a foreclosure action. call

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Mike Brown | Police Assault | Criminal Defense Attorney

news-missouri-shooting.According to New York Times, a man had been shot and killed after he had assaulted a police officer and the two had struggled over the officer’s gun inside his patrol car.

18-year-old, Mike Brown was the unarmed black teenager killed in a fatal shooting on Saturday by a police officer in a St. Louis suburb. However, the death of the youth, caused heavy protests on Saturday and Sunday in Ferguson, Mo. Hundreds of people gathered at the scene of the shooting to question the police and to light candles for Mr. Brown.

Currently, elected officials and advocacy groups held a full investigation and questioned the tactics of the police, who acknowledged that Mr. Brown had been unarmed.

Acts of police assault warrant arrest and criminal charges; unlike this unfortunate incident that occurred over this past weekend.

 

Law enforcement must have probable cause or a warrant to make an arrest. If a law enforcement officer has a reasonable belief, that there is in fact a high probability that you have been involved in criminal activity, the police officer may arrest you. If you are arrested, this means that you are officially being charged with a crime. As opposed to a detainment, you do not have the right to leave once an arrest has taken place. Once the arrest has been made, you can be held in jail for up to 24 hours, and you may have to pay bail to be released from custody.simple_img_6

 

It is important to quickly seek legal representation upon an arrest to protect your rights. A Criminal Defense Attorney can provide you with legal counsel, and advise you in regards to your rights. An experienced lawyer can also advise you in the actions and procedures that need to take place going forward. Call Blick Law Firm today for a free 15-minute consultation. Think Quick, Call Blick!

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Personal Injury | Insurance Coverage | Property Damage

HIT-AND-RUN, LAW-ENFORCEMENT, CAR-ACCIDENT-LAWYER, CAR-ACCIDENT-ARTICLES, BLICK-LAW-FIRM.3Can I be compensated for injury following an auto accident?! Here are few factors to consider when seeking compensation for pain and suffering in an auto accident:

Insurance Coverage

Personal Injury Claims result from the negligence of one party causing injury to another. Insurance coverage is critical to gauge possible financial recovery in an accident for a personal injury plaintiff. Those who have been injured due to the negligence of another may be subject to an injury case with little to no recovery. Unless the plaintiff’s own insurance policy has Uninsured Motorist (UM) Coverage which provides for payment of certain benefits for damages caused by owners or operators of vehicles that are not insured and that cause injury resulting from an automobile accident. Such benefits include payment for medical expenses, lost wages, and even pain and suffering.

Insurance coverage is vital in helping car accident victims afford the medical care they need and provides assistance in replacing the loss of property incurred when involved in a serious accident.blick-law-firm, tampa-law-firm copy

Florida requires that all automobile owners who register and operate a vehicle must have Florida insurance. In Florida, the mandatory minimum coverage is $10,000 of personal injury protection (PIP) and $10,000 property damage liability (PDL) as long as you have a valid Florida license plate.

While these mandatory minimums are in place, many Florida drivers operate vehicles without any automobile insurance coverage. As a protection against Uninsured Motorists, insurance companies provide Uninsured Motorist Coverage.

As a precaution, it is important for all drivers to consider adding UM coverage to their existing policy to protect themselves and their families from injuries and loss caused in an auto accident by uninsured motorists.

Medical and Property Damages

As soon as you are injured in an auto accident, you should seek immediate medical attention for your injuries including, transport via ambulance and emergency room hospital visit. Injuries sustained in an accident are not to be taken lightly as they may become worse over time and may cause severe life-long damages.

It is important that parties to an accident seek immediate medical attention and the more severe your injuries are, the more likely insurance companies are willing to work with a personal injury attorney to negotiate billing and cover future medical needs.

In other cases, property damage and other damages sustained in an auto accident weighs in the value to the claim and overall recovery for the client.

If you have recently been involved in an auto accident contact a personal injury attorney today to receive a free case evaluation and protect your legal rights. Call 888-973-2776 calltoday!

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Personal Injury Attorney | Attorney Fees

BLICK-LAW-FIRM-HEADER, BLICK-LAW-FIRM, TAMPA-LAW-FIRMPersonal Injury Claims are dealt with on a contingency fee basis, meaning the attorney fees are paid out at the end of a settlement. No fees to the attorney, unless your case settles.

In Florida, standard attorney contingency fee is 33.33% of the recovery. However, in certain cases a personal injury matter may be more complex and require litigation. If this is the case a lawsuit is then filed and the case goes before the court and will ultimately be determined by a jury. The fee associated with cases that reach litigation is higher due to the complexity of legal services. In the state of Florida, the appropriate attorney fee in this instance is 40% of the recovery. It may vary case by case so be sure to contact your personal injury attorney today and ask them for more information!

Additionally, if you are the injured party due to a negligent driver you should contact an attorney for legal consultation and information on how to proceed following an auto accident. The reason being, in the event of an accident an insurance company contacts you regarding your injury claim. You do not want to offer any recorded statements without first consulting with an attorney.BLICK-LAW-FIRM-NEWSLETTER

Whether the injury is caused from a car accident, wrongful death, slip and fall, or exposure to a defective product you should seek a personal injury attorney to assist with your claim. A personal injury attorney will make sure you get the proper medical assistance and legal representation for your claim.

If you have been involved in an accident and need legal help, call attorney Michael C. Blickensderfer at Blick Law Firm and schedule a free 15-minute consultation. Think quick, call Blick!

Posted in Blog, DUI, Personal Injury | Leave a comment

Joint Filing | Bankruptcy Chapter 7

CHAPTER-13, CHAPTER-1, BANKRUPTCT-ATTORNEY, BANKRUPTCY-CODE, FILLING-FOR-BANKRUPTCY, BLICK-LAW-FIRM,1If you are a married couple and considering filing Chapter 7 Bankruptcy there questions that may arise such as: determining whether to file jointly or individually. This determination is very critical to the outcome of your filing and you should address this with a Bankruptcy attorney before proceeding.

In some cases, one spouse may have the majority of debts or all debts and deem it necessary to file a bankruptcy separate from the other spouse. However, in cases where both spouses are facing financial hardship in meeting the payments on their debt it may be advantageous to file Bankruptcy jointly.

Advantages to filing jointly/together include:

  • Filing jointly is more efficient by consolidating the filing, making it is less time consuming
  • Paying only one filing fee instead of paying the same fee twice for separate filings
  • Assistance from the other spouse in gathering all the necessary documentation together, which can be extremely burdensome

Joint filing, however, may have disadvantages as well especially when there is a large disparity in the debts and assets between the spouses. Call your bankruptcy attorney to determine what is most effective and beneficial filing for you and your loved one.

If you do not have an attorney and have concerns about your Bankruptcy or are considering filing Bankruptcy jointly, call  Blick Law Firm today and schedule a free 15-minute consultation with attorney Michael Blickensderfer. Think quick, call Blick!call

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Personal Injury Claims | Personal Injury Attorneys

Micheal Blick red tieHave you been injured due to another party’s negligence? A personal injury claim results from the damage of one party harming or causing injury to another party. A personal injury may be described as injury caused from an auto accident, motorcycle accident, slip and fall, defective product liability, or wrongful death.

Blick Law Firm offers a wide range of personal injury services and one should consider seeking legal representation if involved in any of the following:

  • Automobile/Motorcycle Accidents
  • Slip and Fall Injuries
  • Premises Liability, Including Mold Exposure
  • Products Liability
  • Dog Bites
  • Marine and Boating Accidents
  • Wrongful Deaths

Blick Law Firm seeks justice for its clients and not only assists their legal needs as well as makes sure their clients at the firm get proper medical assistance and recovery.

Injured parties should also 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.simple_img_1

If you or a loved one have been in an accident and need legal advice, call Blick Law Firm today at (888) 973-2776. Schedule a free 15-minute consultation with attorney Michael Blickensderfer.

 

Posted in Blog, Criminal Law, Personal Injury | Leave a comment