Florida Civil Law Notary

A Florida civil-law notary, also known as a Florida International Notary, is an officer appointed by the Department of State, rather than the governor, who holds the powers traditionally delegated to notaries in civil-law countries. Although under Florida law, civil-law notaries have all of the same powers and duties as notaries public, they also have much broader and less-regulated authority. A Florida Civil-law notary can make determinations ...
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Bankruptcy Myths

Deciding to file bankruptcy is a very difficult decision. When making this sort of decision you should always consult with a bankruptcy attorney. A bankruptcy attorney is someone who can help you decide if this is the correct option for you. A bankruptcy attorney is someone who could let you know the pros and cons of filing a bankruptcy. To help you get an idea, filing a bankruptcy and receiving relief from debt takes only about 3 to 6 months. ...
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Foreclosure Problem Persists in Florida

Foreclosures continue to dog Florida, but the outlook appears to be brightening, experts say. The Sunshine State posted the nation's highest foreclosure rate in July for the third consecutive month, according to a report from the RealtyTrac listing firm. One in every 328 Florida homes was in some stage of foreclosure, more than three times the national average. Among metro areas, Palm Beach, Broward and Miami-Dade counties had the nation's ...
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Lifting the Automatic Stay in Bankruptcy

Many people going through difficult financial times are forced to file bankruptcy. Bankruptcy may not be your only option, but it is the best option when you feel like you are drowning in debt and collection calls. When filing a chapter 7 bankruptcy petition there is an automatic stay which stops most collection efforts. The automatic stay does not allow creditors to collect while your bankruptcy case is going on. It is called an automatic stay ...
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BANK OF AMERICA EMPLOYEES TOLD TO LIE

Recent news article state that according to sworn testimony by six former employees of Bank of America who explain what they  saw behind the scenes while Bank of America was processing loan modification for homeowners allege that that Bank of America routinely denied qualified borrowers an opportunity to modify their loans to more affordable terms and instead placed them in programs that  paid cash bonuses to bank staffers for pushing homeowners ...
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Florida’s Emerging “Rocket Docket”

When Florida’s Governor Rick Scott signed House Bill 87 (“the foreclosure Rocket Docket bill”) he did not realize he was potentially giving foreclosure defense attorneys more weapons in their arsenal to delay foreclosures.  “The foreclosure Rocket Docket bill” was passed into law to deal with Florida’s prolonged and troublesome foreclosure process. It was aimed to streamline the foreclosure process by enacting reforms at the legislative level to ...
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Short Sales vs. Traditional Sales

In a short sale, the homeowner owes more on the mortgage than the market value of the home.  Thus, the sale price of the property will be less than the value of the note creating a loss for the bank and requiring its approval before closing can occur and title is transferred from seller to buyer. There are many ways in which a short sale and traditional sale are similar. Both require a written purchase contract, with the exception of ...
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HOW LONG DOES THE LOAN MODIFICATION PROCESS GENERALLY TAKE

If you applied for a loan modification and have not heard from the bank after a couple of months, you’d tend to get a little nervous and perhaps even annoyed. With this in mind, many homeowners ask us, “When will the bank advise me as to whether I am going to get a modification or not?” and “What should I do while I’m waiting?.” How long does a loan modification take? The loan modification process typically takes six (6) months to nine (9) ...
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BOTH BANKRUPTCY AND LOAN MODIFICATION IN FLORIDA

Many potential bankruptcy debtors’ question whether or not filing bankruptcy is the right option for them because they wish to save their property and modify their loan.  If you have been faced with this question, the answer is yes, you may still modify your loan even after you have filed bankruptcy. When filing bankruptcy a debtor has the option of reaffirming the debt or surrendering the property. Many times, even though you chose to surrender ...
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Short Sale Misconceptions in Florida

A short sale allows a homeowner to sell a home where more is owed than what it is worth. Unfortunately, many short sale misconceptions have developed.  It is important to clarify these misconceptions. Misconception #1 - Banks would rather foreclose than work with a short sale. The reality is that the foreclosure process in Florida can be extremely costly for banks.  Banks would rather work with homeowners who are experiencing financial ...
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