Tag Archives: carrollwood attorney

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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Driving with a Suspended License

Posted on March 8, 2013 by Blick Law

Everyday Florida drivers get behind the wheel unaware that their driving privilege has been suspended, cancelled, or revoked. Law enforcement officers make daily arrests for driving with a suspended license which can lead to complications when trying to reinstate your driving privilege.

Driving without knowledge of the suspension generally leads to the issuance of a non-criminal citation. However, it is important to know that payment of the non-criminal citation operates as an acknowledgment of guilt and points may be assessed against your license because it is considered a moving violation.

In Florida, it is a criminal traffic offense if a driver operates a motor vehicle with knowledge that their driver’s license is cancelled, suspended, or revoked. The following charges may result from Driving with a Suspended License with knowledge of the suspension:

(1) First conviction is a second degree misdemeanor;

(2) Second conviction is a first degree misdemeanor;

(3) Third, or subsequent conviction, is a third degree felony and possible jail time may have to be served.

It is important to know that multiple infractions of Driving with a Suspended License can lead to very serious consequences, and drivers with repeated violations can become listed as a Habitual Traffic Offender.

The penalty of driving with your license suspended, whether you have knowledge or not, can be serious and generally lead to complications with your future driving privilege.

If you or a loved one have been arrested or issued a citation for driving with a suspended license, call Blick Law Firm today at (813) 931-0840. Schedule a free 15-minute consultation with attorney Michael Blickensderfer.

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Personal Injury harmful for unborn children?

Posted on March 4, 2013 by Blick Law

Auto accidents can be devastating, and injuries sustained in an accident can begin a timeline of treatment and therapy that can take months to complete. In the event an injured party is pregnant, more complications obviously arise.

It is important to understand the possible trauma that can occur to a pregnant woman in an auto accident, and the effect it could have on the fetus. Physical trauma can include negative effects such as Placental Separation, Bleeding, Premature Labor, and may even require an Emergency C-section to be performed.

Emotional trauma as a result of an accident can also have negative reaching effects on a pregnancy. The stress that results from involvement in an auto accident can cause pre-term labor, and negatively affect the health of the fetus. It is especially important to see a doctor following an auto accident in order to assess any potential trauma, as well as seek legal counsel pertaining to the potential claim for you and your unborn child. Signs of negative effects to the health of the fetus may include dizziness, fainting, vomiting, headaches, and stomach pain.

If you or a loved one are involved in an auto accident and have questions or concerns regarding recovery for your injuries, call Blick Law Firm today at (813) 931-0840. Call to schedule a free 15-minute consultation with attorney Michael Blickensderfer.

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Tampa Bankruptcy Joint Filing

Posted on February 28, 2013 by Blick Law

When married couples consider filing Bankruptcy, they are faced with the choice of determining whether to file jointly or individually. This determination is important, and many concerns should be addressed prior to deciding what to do.

Many times, one spouse may have debts alone 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 can be advantageous to file Bankruptcy jointly. Advantages to filing jointly include:

  • 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; and
  • Filing jointly is more efficient by consolidating the filing, making it is less time consuming.

Joint filing can have disadvantages as well, especially when there is a large disparity in the debts and assets between the spouses. It is important to consult a bankruptcy attorney to determine what the most effective and beneficial filing is for your specific situation.

If you or a loved one have concerns about Bankruptcy or are considering filing Bankruptcy jointly, call Blick Law Firm today at (813) 931-0840. Schedule a free 15-minute consultation with attorney Michael Blickensderfer.

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Bankruptcy: Secured vs. Unsecured Debt

Posted on February 21, 2013 by Blick Law

Many people, when going through Bankruptcy, have common questions about the different terms encountered while going through the Bankruptcy process. Understanding the difference between Unsecured and Secured Debt can be confusing, and it is important to be well informed when considering whether or not to file for Bankruptcy.

Secured Debt is debt that has a security interest or collateral tied to the agreement, whereby creditors can repossess or foreclose on the collateral if the debtor fails to pay back the loan. Common examples of Secured Debt are home mortgages or car loans; in the event the debtor cannot pay the amount owed, the loan is secured by the ability of the creditor to repossess the home or the car.

On the other hand, unsecured debt is debt that has no collateral attached to the agreement. Instead, unsecured creditors generally rely on your credit score and issue credit based on good faith that you will repay the amount loaned. Common examples of unsecured debt are credit card bills, medical bills, and utilities bills.

Upon filing for Bankruptcy, most Unsecured Debt is discharged with the exception of Student Loans, Child Support and Alimony Payments, Court Fines, DUI judgments against the debtor, and debts incurred by Fraud. The discharge of unsecured debt is a primary benefit of filing for Bankruptcy, and comes along with an Automatic Stay against creditors pursuing their collection efforts.

Understand that filing for Bankruptcy is a complex process with important benefits, consequences, and alternatives to consider. In the event you are considering Bankruptcy, call Blick Law Firm today for help at (813) 931-0840. Schedule a free 15 minute consultation with attorney Michael Blickensderfer. Think quick, call Blick!

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Motor Vehicle Searches and Arrest

Posted on February 19, 2013 by Blick Law

Traffic violations in Florida contribute to a large amount of police encounters; and many times these encounters lead to arrests for more serious violations after the driver’s car is searched. It is important to know about your rights and protections while driving, and to be aware of what actions police are legally allowed to employ.

Constitutional Rights protect drivers from illegal searches and seizures. However, police are allowed to conduct a search of a vehicle without a warrant under certain circumstances. These circumstances include:

  • Consent to Search: A driver’s consent for an officer to search the vehicle operates as a waiver of constitutional rights under the 4th amendment protection against illegal searches and seizures. Additionally, any incriminating evidence obtained from the search can be used against the driver.
  • Plain View Rule: A police officer is authorized to search a vehicle if within the officer’s plain view there is any illegal substance or contraband visible.
  • Exigent Circumstances: A police officer is allowed to search a vehicle if in their discretion they reasonably believe that an immediate search is necessary to prevent harm or serious damage, or they believe that evidence of a crime is in danger of being destroyed.
  • Probable Cause: A police officer is authorized to search a vehicle without a warrant if they have a sufficient reason justifying probable cause to believe that a crime has been committed.

If you have been arrested following a traffic stop and have questions regarding your rights, call Blick Law Firm today at (813) 931-0840 to schedule a free 15 minute appointment with attorney Michael Blickensderfer.

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