Tag Archives: michael c blickensderfer

Foreclosure Defense Tampa

Posted on April 22, 2013 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.

It is important to seek legal advice from an experienced foreclosure attorney prior to filing an appropriate answer to a foreclosure summons. The answer to a foreclosure summons can be the difference between quickly losing your home to a default judgment or maintaining and keeping your home for an extended period.

If your property becomes subject to foreclosure, here are some potential remedies to discuss with an experienced attorney:

  • 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 the amount owed. A short sale can be completed by finding a buyer willing to pay current market value to purchase the home and have the mortgage provider agree to the sale. Any shortage after the sale will then either is 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.

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

If you or a loved one are being threatened by Foreclosure or have legal questions regarding any potential legal remedies, call Blick Law Firm today at (813) 931-0840. Schedule 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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What is personal injury protection?

Posted on April 19, 2013 by Blick Law

Personal Injury Protection (PIP) is a mandatory coverage on Florida car insurance policies that covers medical expenses, lost wages, and other damages. The original purpose of PIP coverage was to make sure that anyone injured in an auto accident would quickly receive money to treat their injuries. In Florida, all drivers are obligated to obtain a minimum of $10,000 PIP coverage for medical bills and lost wages following an auto accident.

Due to rampant fraud and misappropriation of PIP coverage in Florida, insurance companies have lobbied to pass PIP insurance reform to limit the types of treatment available to crash victims covered by PIP, and limit the amount of coverage in order to avoid abuse and fraud.

The new PIP law, which took effect January 1, 2013, requires that persons injured in an accident must begin medical services and care within 14-days of the accident in order to be eligible for PIP benefits. The law also requires that injured persons obtain their initial medical treatment from specific medical entities. The initial treatment must be administered by the following:

  • Emergency medical services personnel
  • Hospital
  • Facility that owns or is wholly owned by a hospital
  • Medical doctor, dentist, chiropractor or osteopath.

Additionally, the new law bans the use of PIP dollars to pay for massage or acupuncture treatments and will limit the payout for non-emergency treatment of accident-related injuries to $2,500.00. A widespread concern is that accident victims with serious injuries won’t be able to get the care they need if they sustain an injury such as a whiplash or herniated disc because these injuries may not qualify as an emergency.

Nonetheless, supporters of the new law insist that the reform will contribute to overall lower insurance premiums and provide much needed relief to Florida drivers.

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

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Short Sales vs Foreclosure

Posted on April 11, 2013 by Blick Law

Homeowners are often unsure of what options are available when they reach financial hardship and are faced with foreclosure. A short sale can be a helpful tool when trying to alleviate the burden of a looming 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.

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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What Is Uninsured Motorist Coverage?

Posted on April 9, 2013 by Blick Law

Auto accidents can be devastating, and often times result in not only property damage, but also severe injuries that require extensive medical attention and treatment. 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.

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. Uninsured Motorist (UM) Coverage provides for payment of certain benefits for damages caused by owners or operators of uninsured vehicles that cause injury resulting from an automobile accident. Such benefits include payment for medical expenses, lost wages, and even pain and suffering.

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.

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

 

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DUI Driving Consequences

Posted on April 5, 2013 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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Blick Law Firm is Helping the Hurting

Posted on April 4, 2013 by Blick Law

If I get into an auto accident, does filing a claim affect my insurance rate?Blick Law Firm offers a wide array of legal services to help serve the public including Personal Injury, Criminal Law, Real Estate, and Bankruptcy; we also provide help in Family and Probate Law matters. We are now servicing Immigration legal needs as well. As a result, our blog topics range from auto accidents to short sales.

Grounded in Christian values, Blick Law 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. We pride ourselves on our motto of Helping the Hurting, and reach out to the community in a variety of ways.

With a reputation built on professionalism, service, and integrity we enjoy long-standing relationships with our clients. We will pursue your case with exceptional service. We pride ourselves with being able to assist your needs, even if you are not able to come to us. Our exceptional staff offers many years of experience and is constantly up-to-date with current legal news and training to make sure your case is properly handled.

Our website www.Blicklawfirm.com provides useful information on our blog that may be helpful in addressing your legal concerns. Additionally, we offer details about our services aimed at providing reassurance that your legal needs will be handled effectively. With over 25 years of knowledge and practice, including a broad range of trial and courtroom experience, we will work hard for you.

If you or a loved one have legal concerns and are seeking quality legal representation, 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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