Tag Archives: real estate attorney

Real Estate Attorney | Short Sales | Foreclosure

Posted on April 24, 2014 by Blick Law

SUSPENDED-LICENSE-LAWYER, TAMPA-CRIMINAL-LAWYER, TRAFFIC-TICKET, DRIVING-WITH-A-SUSPENDED-LICENSEA short sale can be a great option for homeowners that have been faced with financial hardship. However, many homeowners are unsure of the differences between a short sale and a foreclosure. A foreclosure can damage your credit and make it difficult for you to purchase a home. A short sale is a great alternative to consider to avoid foreclosure.

In real estate, a short sell is the process through which a lender of a property allows the property to be sold for an amount less than the total amount that is due on the mortgage loan.

The short sell process can be quite complicated, and trying to go through this process alone can be very intimidating for most homeowners. A real estate attorney is highly recommended for those who are considering short selling their home. Approval from a mortgage lender is needed in order to sell the property to a third party, and a real estate attorney is able to negotiate the sale with the mortgage lender. Upon a lender’s approval, homeowners have the opportunity to sell their property at a significantly lower price.

Due to the delicate nature of short selling, this process can be lengthy and time consuming. A short sale must be carried out correctly in order to ensure that it is successful. A real estate attorney can make sure that the necessary documents are processed correctly, and ensure that the short sale is executed accordingly.

Once a short sale is complete, the results are beneficial to both parties. A successful short sale results in a release of the seller’s mortgage obligation, while avoiding a significant credit hit. Subsequently, the buyer is able to purchase a home at a relatively low price.

If you are considering a short sale, or have any questions regarding real estate transactions, call Blick Law Firm today to schedule a free 15-minute consultation with attorney Michael Blickensderfer.

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Hire a Real Estate Attorney | Home Buying | Title Insurance

Posted on July 24, 2013 by Blick Law

slide_6Buying a home is a complex process and in order to ensure your future investment is a secure and legal, hiring a real estate attorney to handle the purchase of your home should be considered.

Many times a home buyer may seek counsel from a title agency or realtor. In fact, Florida does not require you to hire an attorney for a title closing like many states. While that may be the case in Florida, those using a real estate or title agent alone need to be aware of the risks involved.

The Law

A title company or realtor may not advise you legally regarding any matters related to your home purchase. The process of purchasing a home is complex and a company that you hire should be able to provide you with legal direction and abide by state ethical standards; these qualities cannot be upheld simply by a real estate agent.

What is Title Insurance?  

Title insurance is a rarely understood protection necessary when purchasing a new home or property. Contrary to other forms of insurance that protect against future loss or damage, Title Insurance protects against past events that may cause loss or damage after the purchase of new property due to a failure or defect of the title.

For instance, when purchasing Title Insurance, the title company will conduct a search of public land records to discover potential matters affecting the title of the property. Common issues include: improperly prepared deeds, open mortgages, wills, probate proceedings, outstanding judgments or tax liens against the property or individuals, covenants and restrictions, and easements. After the records search, the buyer is then issued the Title Insurance.

While the records search conducted by the title company is generally exhaustive, many problems can still exist and affect the validity of the title. Disputes can still arise due to mistakes in the public record, previously undisclosed heirs claiming to own the property, and fraud…. These hidden hazards do exist, and Title Insurance will protect you against these potential problems and pay for any legal fees involved in defending a claim.

Real Estate Agents

Real estate lawyers are obligated by law to fully disclose legal options for the home buyer, unlike realtors or title companies that are prohibited from giving legal advice without a license to practice law. The comfort of knowing your best legal options when purchasing a home may be a big factor for overall security and peace of mind.

An experienced real estate attorney can provide professional legal advice, and interpret the very complicated language involved in most Closing documents. The attorney is also capable of identifying potential problems with your purchase documentation, and can save you the hassle of dealing with unexpected complications that may arise during the Real Estate purchase process.TAMPA-LAW-FIRM, CHRISTIAN-LAWYERS, CHRISTIAN-ATTORNEY, BLICK-LAW-FIRM

It is important to not only seek a title company for protection when purchasing a new home, but also making sure that the title company has an experienced and competent real estate attorney.

A real estate lawyer that handles and serves clients in title services is able to take legal action as needed to protect clients from any future problems that may arise. An attorney can properly analyze your housing situation to handle any issues, insuring you and your loved ones a secure real estate closing for your new home.

Educate Yourself

A Real Estate Closing is the final step of the home purchase process, whereby the buyer and seller sign the papers to transfer the ownership of the home. In order to complete this final phase of the purchase process, it is important to understand the timeline of requirements that take place leading up to the Closing.

imagesFirst, a buyer must open an escrow account with a neutral third party, whereby the buyer provides earnest money to be held in consideration of the purchase in order to demonstrate good-faith that the buyer fully intends on completing the sale.

Following the opening of an escrow account, the buyer then needs to take 5 necessary steps to protect their interest in the home. These 5 steps are as follows:

  • Completing a Title search
  • Purchasing Title Insurance
  • Completing a Home inspection and Pest inspection
  • Negotiating the Closing costs; and
  • Locking the interest rate of the mortgage.

These steps are important in the completion of any Real Estate transaction, and many times it is important for the buyer to seek legal counsel prior to moving forward with the purchase process.

At Blick Law Firm we provide title insurance and escrow services to clients throughout the entire State of Florida. Call us today at 813-931-0840. Make an appointment for a free 15 minute consultation with attorney Michael Blickensderfer. Blick Law Firm seeks to help the hurting and those in need. Think quick, call Blick!

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Real Estate | Title Closing Process | Real Estate Closing

Posted on June 20, 2013 by Blick Law

A Real Estate Closing is the final step of the home purchase process, whereby the buyer and seller sign the papers to transfer the ownership of the home. In order to complete this final phase of the purchase process, it is important to understand the timeline of requirements that take place leading up to the Closing.

First, a buyer must open an escrow account with a neutral third party, whereby the buyer provides earnest money to be held in consideration of the purchase in order to demonstrate good-faith that the buyer fully intends on completing the sale.

Following the opening of an escrow account, the buyer then needs to take 5 necessary steps to protect their interest in the home. These 5 steps are as follows:

  • Complete a Title search
  • Purchase Title Insurance
  • Complete a Home inspection and Pest inspection
  • Negotiate the Closing costs; and
  • Lock the interest rate of the mortgage.

These steps are important in the completion of any Real Estate transaction, and many times it is important for the buyer to seek legal counsel prior to moving forward with the purchase process. An experienced real estate attorney can provide professional legal advice, and interpret the very complicated language involved in most Closing documents. The attorney is also capable of identifying potential problems with your purchase documentation, and can save you the hassle of dealing with unexpected complications that may arise during the Real Estate purchase process.

If you or a loved one are considering purchasing a home and need advice on what to expect, 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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Process of Purchasing a Home

Posted on October 16, 2012 by Blick Law

A Real Estate Closing is the final step of the home purchase process, whereby the buyer and seller sign the papers to transfer the ownership of the home. In order to complete this final phase of the purchase process, it is important to understand the timeline of requirements that take place leading up to the Closing.

First, a buyer must open an escrow account with a neutral third party, whereby the buyer provides earnest money to be held in consideration of the purchase in order to demonstrate good-faith that the buyer fully intends on completing the sale.

Following the opening on an escrow account the buyer then needs to take the necessary steps to protect their interest in the home. These steps include:

  • Completing a Title search
  • Purchasing Title Insurance
  • Completing a Home inspection and Pest inspection
  • Negotiating the Closing costs; and
  • Locking the interest rate of the mortgage.

These steps are important in the completion of any Real Estate transaction, and many times it is important for the buyer to seek legal counsel prior to moving forward with the purchase process. An experienced real estate attorney can provide professional legal advice, and interpret the very complicated language involved in most Closing documents. The attorney is also capable of identifying potential problems with your purchase documentation, and can save you the hassle of dealing with unexpected complications that may arise during the Real Estate purchase process.

If you or a loved one is considering purchasing a home and need advice on what to expect, 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 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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Blick Law Firm discusses Tampa Bay Sinkhole Damages

Posted on May 2, 2012 by Blick Law Firm

Thank you for watching Minute with Mike, free legal advice answered by attorney Michael C. Blickensderfer every Wednesday at Noon.

Today’s topic: Sinkhole damages. If you feel that your property may have possible sinkhole damages and it has cost you, you may be eligible to receive compensation for those damages. It is important to seek legal representation to understand home owners insurance and their claim policies, to make sure you receive full reimbursement for damages.

Blick law Firm is a local Tampa Bay legal firm specializing in personal injury, chapter 7 bankruptcy, criminal and real estate law all across the state of Florida.

The owner, Michael C. Blickensderfer has 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.

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