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Short Sale Common Questions

Posted on August 27, 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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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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Bank of America is offering up to $30,000 for short sale

Posted on May 28, 2012 by Blick Law

Bank of America released a press release Tuesday, May 15th, announcing the launch of a nationwide program offering delinquent homeowners more assistance with relocation expenses upon the completion of a qualifying short sale.

Qualifying borrowers could receive anywhere from $2,500 to $30,000 in cash upon the close of a short sale. The amount of assistance provided under the new program is determined on a case-by-case basis, taking into consideration the value of the home, amount owed and other considerations not clarified in the press release.

Bob Hora, an executive in home transition services for Bank of America, stated that the company is committed to providing alternatives to foreclosure whenever possible. This program will benefit homeowners when all other home retention offers have been exhausted.

To see if you qualify for the relocation assistance payments under the new program, call Blick Law Firm today.  The short sale must be initiated by the end of the year and close by Sept. 26, 2013.  If you have already started a short sale process and have not closed, you may still be eligible for this program. 

Bank of America is currently the only bank offering this program to its homeowners.  While it is available nationally, the greatest response is expected from borrowers in California, Nevada, Arizona, Florida and the other states hit hardest by the housing market.

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Are you struggling to pay your mortgage?

Posted on May 15, 2012 by Blick Law

Have you fallen behind on your mortgage payments?  Is your home now worth less than you owe on the mortgage? Are your payments and interest sky high and unaffordable? Are you facing foreclosure? Has your lender denied you assistance?

If you answered “yes” to any of these questions, call a Loan Modification attorney immediately to see if you qualify for a loan modification program.

A Loan Modification is a permanent change in one or more of the terms of a Borrower’s loan, allows the loan to be reinstated, and results in a payment the Borrower can afford. *This is not a short sale or refinance program.

Loan Modification programs have been initiated to provide the homeowner, who has experienced financial hardship, options to reduce the interest rate or principal balance of their home loan, or both. These programs make monthly mortgage payments affordable according to the homeowners financial situation in order for the homeowner to remain in their home.

Why hire a lawyer to assist with your loan modification? Struggling homeowners may benefit from hiring a lawyer to try to modify a mortgage or avert foreclosure, and avoiding being caught up in scams, saving overall costs of fees as well as time wasted. With a lawyer you may have a better chance to quickly and accurately get your home approved and modified.

Some homeowners try to take this challenge on themselves and while successful at times, it is a battle to win when it comes to dealing with lenders. Lenders deal with many struggling to keep up with their mortgage payments every day. Trying to work with the lenders directly may absorb much of your time. Those who have the assistance of a loan modification lawyer are more likely to get responsiveness from the lender; pushing your loan modification documents aggressively through the piles of other pending approvals.

With the help of Blick Law Firm, we will screen you to see if a loan modification is your best option and if so assist you to get your loan modification approved. Call Blick Law Firm today at 813-931-0840 and ask about your modification options!

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Consequences to your credit following a short sale

Posted on May 3, 2012 by Blick Law Firm

After selling your home in a short sale, many factors must be taken into account to determine your ability to obtain a mortgage.

Your post-short sale credit score may drop, usually around 100 points or more. This could prevent you from obtaining a favorable interest rate on any new home loan. Also, you may have to put more money down. In many cases, it often takes two to three years before you’re eligible for another mortgage.

As long as you were current on your older home mortgage before short sale, you will have to wait at least two years for a loan that is federally backed, such as those from the Federal Housing Administration (FHA). If you are delinquent, it could take as long as three years. Private lenders, of course, are free to set their own time requirements.

Your credit score generally suffers a similar hit after a short sale or a foreclosure. However, most federally backed home loans don’t weigh your actual credit score or history too heavily when you go for a new home loan.

When you are ready to consider purchasing in the real estate market again, call attorney Michael Blickensderfer and let Blick Law Firm handle your proceedings and title closing.  As an experienced real estate lawyer, he understands the aftermath of a short sale and how to recoup and move forward with your life. Call us today at 813-931-0840.

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Does filing bankruptcy cover medical debt?

Posted on April 23, 2012 by Blick Law Firm

Rising health care costs and the financial situations you may face leads many to medical expenses that can quickly escalate into piles of debt. With more employers cutting insurance contributions, the demand on medical consumers only increases.

Luckily for debtors burdened with medical bills, medical debt is considered an unsecured debt by the bankruptcy courts, and may possibly be discharged in a Chapter 7 bankruptcy.

Researchers from Harvard Medical School and Ohio University conducted a survey of personal bankruptcy filers for 2007 and found that nearly two-thirds of petitions filed personal bankruptcy because of medical-related debts. Of those, nearly 80 percent had health insurance.

Not only can unexpected illnesses bring on bills but the prolonged effects of illness or injury can be loss of work and less income to pay off those bills.

Medical bankruptcy is an especially complex issue, and should be sought for council before proceeding by a Tampa bankruptcy attorney that can help you during your financial hardship. To learn more about your options to discharge medical debt, contact attorney Michael Blickensderfer of Blick Law Firm and ask about our consultation services today! 813-931-0840.

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