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.

Florida Real Estate Foreclosure Alternatives

Posted on November 21, 2012 by Blick Law

According to a report released last week by the California-based real estate data company, RealtyTrac., Florida leads the nation in home foreclosure rate for the second month in a row in October, with one filing for every 312 housing units. Florida’s rate is more than double the national rate of one in every 706 housing units, and this report confirms that Florida continues to struggle to recover from the recent housing crisis. Though indicators suggest that the housing market is improving, foreclosure still appears to be a significant problem.

If your property becomes subject to foreclosure, here are some potential remedies:

  • 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 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.

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 @ 813-931-0840. Schedule an appointment for 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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Filing Bankruptcy After the Holidays

Posted on November 20, 2012 by Blick Law

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

If a creditor can prove that credit card charges over the Holidays were made fraudulently with the intent to file Bankruptcy afterward, the debt may survive the Bankruptcy. Generally, the Bankruptcy court will look to see the state of the finances when the charges were made and the nature of the purchases to determine whether Bankruptcy was imminent and the charges were made with the intent to file Bankruptcy.

Many people utilize bankruptcy as a strategy for resolving unmanageable debt. Today, it is more common than most realize and can be a refreshing solution to a debt-ridden life.

When considering Bankruptcy, a Chapter 7 filing is a useful way to discharge of most debt and can relieve the burden of creditor collection attempts. Chapter 7 Bankruptcy is generally available when the debtor has little property aside from the basic necessities like furniture and clothing; and the debtor has difficulty making payments on basic expenses, or has very little money left after doing so.

The advantage to filing Chapter 7 Bankruptcy is that your unsecured debt is completely eliminated, the process is fairly quick, and the automatic stay that takes place after filing prohibits creditors from making collection efforts.

It is important to be aware that while Chapter 7 Bankruptcy may ultimately relieve a debtor of the burden of insurmountable unsecured debt, it is a process that requires the production of several documents and tedious preparation. The more prepared the debtor is, the more seamless the process becomes.

No matter what your situation is, obtaining quality legal consultation from an experienced bankruptcy attorney is beneficial. Contact Blick Law Firm today at (813) 931-0840. Schedule a free 15 minute consultation with attorney Michael Blickensderfer to assess what option is best for you. Think quick, call Blick!

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Blick Law Firm Participates in Small Business Saturday 2012

Posted on November 15, 2012 by Blick Law

Blick Law Firm Offers Tampa Community Free Legal Service(s) on Small Business Saturday the Day after Black Friday

 TAMPA Nov. 14, 2012– Small Business Saturday is the Saturday following Thanksgiving, and every year, thousands of small businesses give special discounts to their customers.

Blick Law Firm is participating this year, offering anyone who calls into the law firm on Nov. 24, 2012, a 30-minute free legal consultation, pertaining to the law firm practice areas.

Michael Blickensderfer, Owner and Attorney at Law of Blick Law Firm has 25 years legal experience and extensive trial and courtroom knowledge. Blickensderfer is a former prosecutor and is licensed in Florida, New York and New Jersey.

This free 30 minute consultation holds a usual value of $175. Each appointment may be made over the phone or by e-mail. Callers may or may not need to redeem the consultation right away; the best part about the coupon is that it doesn’t expire until April 2013!

To get the discount offered by Blick Law Firm on Small Business Saturday follow three simple steps:

1)      Call Blick Law Firm at (813) 931-0840

2)      Recite the promo code that is exclusively offered on Blick Law Firm’s Facbook or Twitter Page

3)      Get your free legal discount emailed to you instantly!

It’s really that easy! 

For more information watch Blick Law Firm’s tutorial video of how to shop on Small Business Saturday posted on their blog page or click here: https://blicklawfirm.com/blick-law-firm-participates-in-small-business-saturday-2012/

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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Distracted Driving: Texting and Driving

Posted on November 14, 2012 by Blick Law

Across the country, distracted driving continues to be a rising cause of automobile accidents and has resulted in numerous fatalities over the past decade. According to the National Highway Traffic Safety Administration, over 3,000 people were killed in distracted driving accidents in 2010 alone.

In an effort to stop texting and cell phone use behind the wheel, the U.S. Department of Transportation has encouraged states to enact tough laws prohibiting the use of cell phones while driving. Furthermore, several celebrities, media sources, and automobile companies have made efforts to raise awareness of the growing problem by reaching out to the community and promoting the dangers that can occur when driving distracted.

In 2012, the Florida Legislature adjourned again without producing a single distracted driving law. As of now, Florida is one of only 11 states without a ban on text messaging by all drivers. The trend of adopting such laws makes it appear inevitable that Florida may soon be adopting legislation that in some way prohibits the use of cell phones while driving.

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

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Rise in Personal Injury Claims

Posted on November 12, 2012 by Blick Law

Over the past couple of years there has been an increasing trend in the number of personal injury claims. A personal injury claim arises when a party suffers an injury with lasting consequences as a result of the actions of another party. The recent rising trend of injury claims is attributable to various reasons.

One reason is that injury victims are finding it easier to file claims in a market that offers no fee for cases that result in no recovery. Legal fees associated with personal injury claims are paid on a contingency basis; as a result, the standard is that attorneys offer to represent injury victims with payment for services contingent upon a recovery settlement. While this type of arrangement may encourage injured claimants to file suit more readily, it is important to recognize that the recovery is tapered by the legitimacy and extent of the injury.

The rise in personal injury claims is also attributable to various products that were negligently released to the public, and have caused serious and even life threatening effects.

Media coverage and an overall heightened awareness of the availability of insurance compensation for injuries have also encouraged injury victims to pursue recovery for injuries sustained through the actions or negligence of another person or company. Furthermore, while auto accidents haven’t increased in frequency over the past couple of years, the number of claims arising out of auto accidents has risen likely due to the publicity of auto accident injury recovery; and the recent trend may also suggest that motorists are more likely to seek compensation for insurance coverage that they are mandated to pay, even for marginal injuries.

Personal injury claims all vary in severity, and often times they involve lifelong consequences that require extensive future medical expenses and years of pain and suffering. If you or a loved one has been injured due to the actions or negligence of another, 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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DUI and the Potential Effects

Posted on November 9, 2012 by Blick Law

On a daily basis, Florida drivers receive DUI’s and face obvious and hidden consequences that can have a wide reaching personal impact. When a person is charged with a DUI, the consequences may include:

  • License Suspension
  • Drastic Insurance Increases; especially when required to obtain FR-44 insurance coverage
  • Complications with Employment; both present and future
  • Driving Restrictions that require additional costs such as an Interlock Device installed in your vehicle for a period of 6 months, 1 year, or even 2 years, depending on your situation
  • Probation
  • Legal Fees and Court Costs

These consequences contribute to a multitude of difficulties that one faces when battling a DUI charge. It is important to fully understand and appreciate the severity of possible consequences associated with DUI, and always take all possible steps to avoid Driving Under the Influence.

DUI, or Driving Under the Influence, generally refers to a person who has physical control of a vehicle while that person’s normal faculties are impaired by any type of drug, including alcohol, illicit drugs, and even prescription medication. Therefore, if you are under the influence of drugs other than alcohol and are in actual physical control of a vehicle, you can still potentially be charged with a DUI.

In Florida, a blood alcohol level of .08 or more constitutes alcohol impairment beyond the legal limit. However, a police officer may still arrest you for a lower blood alcohol concentration (BAC) if they suspect that your normal faculties are impaired while operating a motor vehicle. Having a BAC under a .08 will increase your chances of overcoming the DUI conviction, but you may still be arrested and endure several hassles that go along with combating a DUI charge.

Police officers will pull drivers over for a number of traffic offenses, even minor ones, and initiate immediate conversation to determine the potential impairment of the driver. To assess the physical signs of impairment, Police will be looking for the ability to maintain eye contact, slurred speech, the smell of alcohol on a driver’s breath, or bloodshot eyes.

Know that your behavior once you’re pulled over is being scrutinized immediately, especially when pulled over late in the evening or after leaving a bar. Therefore, being polite, answering questions respectfully, and not making legal arguments is in your best interest.

While it is your right to not answer any questions without a lawyer present, not doing so will certainly raise the officer’s suspicion and they will likely investigate further. It is wise to answer questions vaguely and avoid delving into specifics, including any amount of alcohol you have consumed, or that you just left a party, bar, or football game.

If the Police are suspicious, they will tell you to exit the vehicle, and you must. However, you may refuse to submit to any sobriety tests conducted. Even if you think you can pass the sobriety exercises, it is likely in your best interest to politely refuse because the officer determines whether you passed based solely on their own judgment. Know that you always have the right to contact an attorney before you submit to any test.

If you are charged with DUI, it is important to seek legal counsel immediately! Call Blick Law Firm today at 813-931-0840. Make an appointment for a free 15 minute consultation with attorney Michael Blickensderfer to determine what your options are moving forward.

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