Tag Archives: real estate law

Short Sale Common Questions

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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Title Insurance, what is it?… and why you need it?

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.

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.

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.

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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Making Home Affordable program

The Making Home Affordable program is focused on stabilizing the housing market by providing relief to struggling homeowners.

MHA can help in a variety of ways by lowering monthly payments,  reducing interest rates even if you owe more than your home is worth, or if home ownership is no longer affordable, MHA offers a way out while avoiding foreclosure. In an effort to enable more struggling homeowners to take advantage of the Making Home Affordable Program , the Government  has extended the application deadline of the program to December 31, 2013.

Getting approved for assistance through the MHA program can be a difficult process, and Homeowners who prepare diligently are more likely to receive a positive result.

At Blick law firm we have had success in providing relief to homeowners through the MHA program, so before you begin exploring your options call Blick Law Firm at (813) 931-0840 to schedule a free 15 minute consultation with attorney Michael Blickensderfer.

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Bank of America is offering up to $30,000 for short sale

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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Consequences to your credit following a short sale

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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What options do I have to stay in my home?

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

Whether you are looking into leaving or staying in your home, you should check out all your options.

Blick Law Firm provides top legal council for those seeking Loan Modification options, looking to do a Short Sale on their home, or assisting those in Foreclosure Defense.

With over 25 years legal experience, Attorney Michael C Blickensderfer can assist you with guiding you in the right direction, considering what is best for you and your loved ones.

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

For further information regarding real estate law and your options to keep your home or sell, please visit our website at www.blicklawfirm.com or call 813-931-0840.

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