Category Archives: Foreclosure Defense

Foreclosure Properties: Common Buyer Mistakes

Posted on December 4, 2012 by Blick Law

Buying a foreclosed property is much different than a traditional home purchase. Certain repairs and defects often associated with foreclosed property may require significant and often overly burdensome cost and attention, so it is important to know what you are taking on. During the growth of the foreclosure problem in Florida, homebuyers across the State have been abundantly utilizing Foreclosure Auctions and Short Sales to purchase homes and property for costs well below market value.

However, when purchasing a home, especially in short sale or foreclosure auction, it is important to inspect the premises and discover any defects or structural deficiencies prior to closing on the home. Many times, homebuyers who purchase a short sale ignore defects and property deficiencies because the bargain is too good to pass up. Often, this creates problems that end up costing more than the bargain is worth.

Homebuyers tend to become so passionate about purchasing the real estate at such a lower cost that they refuse to accept the risks that can arise. Common mistakes include:

  • Ignoring property problems – Severe problems with the property may exist due to neglect, mold exposure, termites, and even vandals. Structurally, these homes may be in severe disrepair and even uninhabitable.
  • Ignoring legal and Insurance Information- Information that identifies any flood exposure or renovations and repairs made on the home is available to homebuyers and should be utilized to identify possible flaws and dangers that may exist on the property.
  • Failing to have the home inspected – Many buyers are so anxious to proceed with the acquisition of the property that they fail to have an adequate inspection of the premises conducted. Later, latent defects can become huge problems and the homeowner may incur exorbitant costs to repair the damages.

If you or your family are purchasing a home and have concerns regarding short sales or foreclosure auctions, call Blick Law Firm today at (813) 931-0840 and schedule a free 15-minute consultation with attorney Michael Blickensderfer.

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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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Foreclosure and Short Sale

Posted on October 24, 2012 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.

For many homeowners, a short sale can be a helpful tool when trying to avoid 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.

Though a Short Sale may be an available option to avoid Foreclosure, it is a complicated process, and sometimes the lender may not even be willing to negotiate with you. It is important to consult a real estate attorney  who can offer you peace of mind that your potential foreclosure is being defended by an accountable professional.

If you or a loved one are being threatened by Foreclosure or have legal questions regarding a Short Sale or other potential legal remedies, 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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Foreclosure Auctions and Short Sales: Common Buyer Mistakes

Posted on September 7, 2012 by Blick Law

During the growth of the foreclosure problem in Florida, homebuyers across the State have been abundantly utilizing Foreclosure Auctions and Short Sales to purchase homes and property for costs well below market value.

When purchasing a home, especially in short sale or auction, it is important to inspect the premises and discover any defects or structural deficiencies prior to closing on the home. Many times, homebuyers who purchase a short sale ignore defects and property deficiencies because the bargain is too good to pass up. Often, this creates problems that end up costing more than the bargain is worth.

Homebuyers tend to become so passionate about purchasing the real estate at such a lower cost that they refuse to accept the risks that can arise. Common mistakes include:

  • Ignoring property problems – Severe problems with the property may exist due to neglect, mold exposure, termites, and even vandals. Structurally, these homes may be in severe disrepair and even uninhabitable.
  • Ignoring legal and Insurance Information- Information that identifies any flood exposure or renovations and repairs made on the home is available to homebuyers and should be utilized to identify possible flaws and dangers that may exist on the property.
  • Failing to have the home inspected – Many buyers are so anxious to proceed with the acquisition of the property that they fail to have an adequate inspection of the premises conducted. Later, latent defects can become huge problems and the homeowner may incur exorbitant costs to repair the damages.

If you or your family are purchasing a home and have concerns regarding short sales or foreclosure auctions, call Blick Law Firm today at (813) 931-0840 and schedule a free 15-minute consultation with attorney Michael Blickensderfer.

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Foreclosure potential solutions

Posted on July 25, 2012 by Blick Law

Foreclosure is the process in which the lender of mortgage money takes control of the mortgaged property and sells it to raise money to pay on the debt owed by the borrower. A foreclosure happens when one stops paying the mortgage payments, usually for a period of at least three to four months. At that point, the mortgage company has a right to foreclosure, and legally follows a standard process similar to an eviction.

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 at 813-931-0840. 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.

 

 

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Shopping around for an attorney? Choose wisely!

Posted on July 11, 2012 by Blick Law

When shopping around for a Tampa attorney online, many consumers first instinct would be to choose the lowest rates that an attorney will offer. However, going for a cheap rate attorney may not be the best strategy.

In the economy today, competitive advantage makes it easy for a consumer to find the best for the cheapest price. However, when it comes to legal counseling, many times that is not the case.

When “shopping” around for an attorney, cheaper is not always better. Here are a few tips to look for when you are searching the internet for a Tampa lawyer.

1)     Cost. Comparing cost is very important and of course should weigh into your decision making. In this economy, finding an attorney willing to give their clients payment plans, if appropriate can seal the deal when it comes to retaining an attorney.

2)     Experience. Do a little research on the attorney you are seeking and check his background. An attorney has been practicing for one month will more than likely not be as capable as an attorney that has been in practice for 10 years. Having an attorney with experience will add value to your case and will allow the experts to takeover, ensuring you relief in whichever situation you may be facing

Attorney, Michael C. Blickensderfer has been in practice for over 25 years. His experience includes serving as a prosecutor both in Florida and in Long Island. In the past he served in cases dealing with narcotics, Medicaid fraud, and DUI offenses within New York City. He has also served as a Public Defender, practicing criminal law within the felony division in Tampa, Florida. Other legal experience includes real estate, family law, criminal defense, social security and labor law.

Mr. Blickensderfer’s background includes courtroom and trial experience, both in criminal and civil cases.

3)     Licensed. Many times an attorney may practice in more than one state. An attorney that has more than one license is well-versed in legal laws, statutes and legal systems.

Attorney Michael C. Blickensderfer is licensed to practice law in Florida, New York and New Jersey. Having such a diverse familiarity of the legal system allows him to provide his clients with expert knowledge earned through many years of study.

4)     Ethics. When hiring an attorney clients’ seeking to get best results may lean towards a hard, cut-throat lawyer. However, rather than choosing based on commercial ads of what an attorney portrays themselves to be, check resources. Retaining an attorney based on integrity and moral standards may be the wiser choice.

Our Mission: Blick Law Firm‘s mission is “Helping the Hurting.” Grounded as a Christian law firm and following Christian values, the 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.

If you are looking to retain a low-priced attorney, more than likely you will get what you pay for. Be sure to do what is best for you and your situation. Don’t sell yourself short by only considering the financial perspective. Instead, consider the overall situation, such as, the level of experience, morals and values brought to both you and your case by the attorney you choose to retain.

Call Blick Law Firm today and speak with us at 813-931-0840. We offer free case evaluation and want to strive to not only assist with your immediate legal needs, but assist for results that will make for a blessed and prosperous future!

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