The Top 5 Questions When Facing Foreclosure

By Dania Fernandez, Esq.
The Law Offices of Fernandez & Associates, P.A.

A key aspect to maintaining your house and avoiding foreclosure is to understand the foreclosure process. The last thing any homeowner wants is to lose their home to foreclosure. We are in a tough market and there have been reports and statistic around the United States showing increasing numbers of Foreclosure. Among the top foreclosure states are Nevada, California, Florida, Arizona, Ohio and Michigan.

By understanding the market and the foreclosure process you will be in a better position to solve your problems and avoid foreclosure of your property. Here are the top five questions and their answers that I am faced with daily.

1. Once I get the Complaint for Foreclosure what should I do?
In Florida, you will have 20 days to give a response to the Complaint for Foreclosure. It is very important that you read carefully the first page of the Complaint; it will provide the deadline for filing an answer. The answer to the Complaint must be in writing and must comply with the local court rules.
When you receive the complaint, you should consult with an attorney to properly respond to the Complaint of Foreclosure. Many of my clients come to my office with a recorded hardship letter as their answer to the Complaint. A recorded hardship letter is not an answer to the complaint. Each provision in the complaint should be answered with a Denial or Admit along with your defenses against the Foreclosure Complaint. An Attorney will know the law and will properly form the answer and all the defenses on your behalf.

2. I do not have any money right now what do I do?
First of all, analyze your employment options and start looking for a way to make money. You will have to show some kind of income in order to qualify for any kind of modification or refinance of your existing loan. The Lender will not agree to a work out plan if there is no income to justify your ability to pay the new loan terms.
Therefore, if you have already received court papers from the Lender, invest the little money you do have, in an attorney qualified to handle foreclosure defense cases. After analyzing your case, the attorney will be able to defend your case and may be able to negotiate a better agreement with the bank.
During this time, get organized, find a job, figure out what you are going to do with your life and go for it. You will not be making payments to the Lender while the defense of your case is taking place. Take that opportunity to budget yourself and figure out the next 6 to 12 months of your life. Put your mind into it, focus your energy and get it together.

3. Should I keep my home?
Many clients come to my law office and want for me to just tell them what to do. How easy it would be, if all we had to do was to go to the almighty get a clear yes or no and move on. This is not reality. It was meant for all of us to work through our problems, find solutions and learn from our mistakes. It is times like these that we should all learn from the lesson that are being presented to us. There are several questions like this one that I can only provide a guide and information sufficient enough for the homeowner to make an informed decision.
The following is a list of points to consider when forming your decision in addition to and together with the rest of this article and all the much needed information that can be found online, books, and other publications:
The market value of the property. Do you owe more than what it is worth?
What are the new modification terms the Lender is offering you?
Are they lowering the principal amount of the loan based on the market value of the property?
Are there other properties available similar to yours at a greatly reduced sales price?
Are there any loan programs you would be able to qualify for if you did decide to buy a new home?
Can a family member or other person help you get a loan as a co-signer/co-borrower?

4. Should I leave my home and rent another?
No. If you are in financial hardship and cannot afford the mortgage payments, association payment, taxes, etc., you do not have to leave your home, yet. It is not until there is a foreclosure sale date and the sale has occurred that you will need to leave your home. Hire an attorney to defend your case. You can stay in your home during the defense of your case. During this time you should be working at getting a loan modification with the Lender. This will take a few months.

5. Can anyone get a loan modification?
No. First of all, there must exist a hardship. A hardship can consist of a loss of income, health issue, divorce, etc. Second, there must be proof of income to substantiate the payment of the new modified loan amount. Third, the monthly expense should not be greater than the monthly income. There should be money left over after all monthly expenses are paid.
We are experiencing great results with loan modifications, more so than just one month ago. Some examples are 4%fixed for a term of 40 Years; 3% for 5 years and thereafter fixed at prime; decreases in interest rates from 8.5% to 6%, and more

These are just a few of the most commonly asked question and answers that I am faced with daily. For more information and more questions and answers go to www.daniafernandez.com and download the e-book Foreclosure and Bankruptcy Today: What everyone should know? Written by Dania Fernandez, Esq. and Emmanuel Perez, Esq. For a free initial consultation please call Dania Fernandez at 305-254-4492 or e-mail me at dania@fap-law.com.

Keep Your Children Safe This School Year

School just started, so let’s review once again as we did last year on how to help prepare our children to be safe.
Some involve role-playing for kids 5 to 7. Role-playing is a great technique to use with children because of their preference for the visual.

I hope the following will be helpful to you:
Never place your child’s name on any piece of clothing that is visible to anyone. You do not want to make them a target for a stranger to call out to by name.
Make sure your child knows his or her full name, phone number, parents’ full names, address and a work phone number. It is not helpful when officers find children who do not know their full names or addresses.

Through- out the year talk to your child about drugs, strangers and any weapon that they might see or hear about, a bully or any related concerns. Let the child know that such information should be reported to the teacher and to you immediately.

If your child is going into a new school or going to school for the first time, ask her whether there is anything that frightens or makes her uncomfortable. Share that information with the teacher or schools police; officers are well-trained in safety issues.

As a parent, you should check with your child’s school regarding policies and procedures on emergency situations so you are not frightened if there is a lock-down. If you know the policies and procedures, you can calmly pick up your child when it’s appropriate.
If your child rides the school bus, talk to him about how to behave. If your child has to wait alone at a bus stop, stress to him not to accept rides from strangers.

If older kids ride with a friend, make sure that you speak to them about wearing seat belts. Do not assume that your child knows even the basic facts about safety and other risks.
Set up a regular calling time to know when your child arrives at home.

Another good idea is getting your child involved in school organizations and programs.
Parents should get involved in the school PTA -- this will help they foster good relationships with teachers and administrators.

Let’s all start this school year with safety in mind for the sake of our children but let’s not forget other safety issues that adults must heed such as watching the speed in school zones and wearing seat belts at all times.

Remember, adults are the role models for their children. As always, feel free to contact our office for safety literature on various topics or visit our website: www.citizenscrimewatch.com for safety links.

Until next time be safe, be alert and be involved. RL
Carmen Caldwell is executive director of the Citizens’ Crime Watch of Miami-Dade. Send feedback and news for this column to her at cmcwatch@citizens
crimewatch.com, or call her, 305-470-1670.


© 2008 Miami Herald Media Company.
All Rights Reserved.
http://www.miamiherald.com/

http://www.resourceliving.com/

Pinecrest’s unwelcomed guests

In the last few months Pinecrest and South Miami residents have experienced home invasions. Reports have the culprits invading homes through opened garage doors in broad daylight. In most cases the invaders are not looking for empty homes. The surprising encounter between criminal and resident, results in the use of violence to promote fear. Disregard for the young and elderly has been demonstrated as a tactic to instill cooperation from victims. In some instances, the residents are not aware that the robbers have entered the home. As you are occupied with house chores, thieves are running amuck within your home. Nonetheless, the presence of unwanted guests in your home is a disturbing thought and a confrontation could be a very disturbing incident for your children. Here are some tips to help you avoid becoming a victim.
In some cases criminals are using the Metro Rail as a quick way to get in and get out. As a result, if you live near a Metro Rail station you need to be aware of this practice. Keep your garage door closed while doing yard work, or any task which requires the access to your garage. If you are cutting the lawn or cleaning the pool, make sure your front door and garage door are closed and locked. If you must have your garage door open for a period of time, make sure the inside door leading into your home is locked.

Reports also have invaders working in teams. This usually puts a team member in "getaway car" detail. Be diligent of strange automobiles strolling up and down your street. Your home may not be the one chosen, but your involvement could save your neighbor from an unwanted experience. Call the police and report such activity. Did you know that Police presence can be increased by the number of calls an area receives? Make sure your home has in place the basic anti-theft measures; alarm, good lighting, physical barriers, pets, surveillance system and supportive landscaping. A thief will always look for homes with the least level of resistance. Therefore, all the aforementioned serve as deterrents.

Make sure your landscaping is working for you and not against you. Avoid creating areas which allow a thief to hide and ambush you. Landscaping should never cover the view of your front door. A clear view looking out and looking at your front door is highly recommended. Install a device which will allow you to see out without having to open the door. This could include a "peep hole" or a window. Install lighting that illuminates all entry points, including backyard doorways. Use motion sensors in driveways and pathways to surprise anyone entering your property. Make lighting fixtures visible, as to show off their presence. This will demonstrate to anyone evaluating your home during the day that you have a well lit home.

Teach your kids to never open the door to strangers, no matter who they say they are. Be weary of people in uniform. For example, if the UPS man is at the door, look for the UPS truck. If the telephone man pays a visit, make sure he has an appointment. If a Police man knocks, look for a police cruiser. If you do not validate a uniformed person do not open the door and request an ID. It is for these reasons that it is recommended you keep a clear path of view.

Mothers with children should take extra steps to protect themselves. If your child uses a car seat you may want to consider the following. While you unfasten or fasten your child keep your purse in the front floor board until you remove or strap-in your child. This will make it more difficult for thieves to use your child’s safety as leverage. When they see you in the fairly vulnerable position of placing or removing your child from the car, they won’t see the purse. If you are unfortunate to be confronted by a robber you can always steer the conflict off to the front seat floor board rather than onto you and your children. Try to shop in groups, it’s more fun and there is power in numbers. Observe all the recommended practices, like parking in well lit areas, locking your doors, etc.

As you can see living in a reputable and generally safe neighborhood will not guarantee your safety. The key is to position you and your home where you are less likely to be selected. The more deterrents you have, the safer you become. Don’t fall victim to apathy, fix that broken door lock, cut those hedges, install that garage door opener, change those burnt bulbs and change those habits of the past. Today we are living in a world that requires "street smarts" and planning. As reported on Resource Living.

Spotlight on Electrical Safety

By Patti N. Laird is president of
Safer Kids And Homes, Inc.,
8843 S.W. 132nd Street, Miami, FL 33176.
For more information and free safety checklists, please stop by the store, call 305-854-KIDS or visit www.SaferKidsAndHomes.com.

Electricity is nothing to play around with! Electrical shocks can cause severe burns, brain damage, or death. Protecting your children from electrical shock is one of the first things you need to address when you begin to safety proof your home. Electricity is used everywhere in today’s homes from cell phone chargers to wipe warmers and stereos and it literally takes only a second for your child to be in danger.
A plugged-in lamp or appliance cord is very dangerous in the hands (or mouth) of a small child. If bitten, these cords can allow 120 volts of electricity to pass through your child. All electric cords should be placed out of your child’s reach and sight, if possible. Cords can be hidden and secured behind furniture or covered by various types of cord control devices. It is also very important to check the condition of any cords used, because a damaged or frayed cord is a fire hazard as well.
The primary way to protect little ones from exploring outlets with wet fingers, objects, and even their tongues is to cover the outlets. Traditionally, parents were advised to use small plastic outlet plugs. However, toddlers soon learn to remove these. The plastic device itself can in some cases become a choking hazard and the outlet is left unprotected. There are several safer and more effective devices to cover outlets.
Spring-loaded outlet covers that replace the existing covers are an ideal safety device. An electric plug is inserted into the cover’s slots and the cover will then slide over to match the outlet slots, so the plug can be easily inserted. Remove the plug and the cover automatically slides back into the safe position.
For outlets that have plugs "permanently" used, a cover box can be installed over the outlet and plugs. These covers are designed to be pinched open by an adult-sized hand.
For travel or other "temporary" needs there are one-piece plastic plugs that are designed to be safer if a child got one in his mouth as they are too big to choke on.
Bathroom, kitchen and other "wet" area outlets require the use of GFCI (Ground Fault Circuit Interrupter) outlets. These are designed to stop the flow of electricity if a wet finger or a plugged-in appliance comes in contact with water. Even a turned-off appliance can electrify water if it comes in contact with it, so be sure to always un-plug and store appliances out of reach of small children.
Teach your children at an early age about electrical safety and why electricity is so dangerous. Show them by example how to treat electricity with respect and how to safely use electrical appliances. Also remember that adults can become victims of electrocution, too. Make sure you are well-informed about the hazards in your home, then take the necessary precautions so that your home is safe for the entire family.

Minimize Automotive Fuel Consumption

Have we ever been comfortable with fuel prices? Oil, the basic component in achieving automotive fuel, is a commodity like any other. Its value is governed by demand and availability. What makes oil a "Super Commodity" is its ever growing demand and its ever growing scarcity. In addition, oil prices have always been at the forefront of political influence and leverage. It is for this reason that automotive fuel will always be a reason for disparity. You have heard about the infinite conspiracy theories and the hidden agendas, at the end of the day you still have to buy gasoline to get to work and back.
Let’s face it, the demand and the circumstances that determine fuel costs will never be altered by embargoes, boycotts and chain emails. The need simply surpasses the capabilities of any united strike. I compare these feeble attempts to a hunger strike over the cost of food. A steadfast conviction using this method will only end in your demise. In comparison, the lack of fuel consumption will only get you fired, hungry and divorced. As a result, a compromise must be made. Let us focus on what we can control.
Recent rapid inflation of oil prices has made it expensive for even the most efficient forms of transport. For example, a hybrid vehicle, as efficient as it may be, nonetheless it runs on fuel. Moreover, many argue the value in paying the premium and unforeseen expenses these types of vehicles carry is worth the expense. Even Ethanol requires the implementation of oil in the manufacturing process. It is estimated that for every gallon of Ethanol you need 1/3 of oil. That being said, technology is rapidly improving to shift the scales towards other energy sources. Until then, here are some suggestion experts have determined can help you minimize your automotive fuel expense.
Let’s start with the obvious, familiarize yourself with the pricing practices of gas stations in the vicinity of your home and work. For the most part, gas stations which are near highways are about 5-8 cents more expensive. Also, stay away from gas stations which do not have competition. These stations charge between 3 to 5 cents more per gallon. Seek intersections which have at least two gas stations across from one another. The extra competition stimulates competitive pricing. Better yet, competition between a well known brand and a discount dispenser works best. As per the department of transportation, all gasoline and diesel comes from the same place. In other words, a name brand is not using "special" oil to manufacture their product. As a result, don’t be weary about "trusted" discount fuel dispensers. Usually the difference from one manufacturer to the next is the additives they use. Your car’s performance will not be drastically affected by these additives and today’s cars are extremely resilient to the minute differences in fuels.
The biggest factor in fuel consumption is weight. If you would like to extend your mileage, focus on "driving light". Remove your golf clubs, old catalogues, tools, or liquid containers. Travel only with items you will need in your scheduled activities. For short daily chores do not top off your fuel tank. Gasoline has an approximate weight of 5.8 to 6.5 lbs per gallon. Therefore filling your gasoline tank to half its capacity will allow you to travel with less weight. This will ease the amount of energy your engine requires to propel your vehicle. To illustrate the benefits of a light load imagine you must travel through an obstacle course. If you are light of your feet you will get through the obstacles quicker and with less energy. Now picture having to traverse the very same obstacle course carrying a "fanny pack" containing a water bottle. Though the water bottle will help you get further in a long distance run, in a situation where you need efficiency and nimbleness it will only be in the way and it will contribute to fatigue faster. If you are going to practice this suggestion, use common sense and stay within urban areas that have access to gas stations.
The other method to conserve on fuel is to add weight… Human weight, that is. If you have a large vehicle, try to use its size to your advantage. Work out a carpool program with your neighbors and co-workers. Take turns taking the kids to school. Share rides with your friends when entertaining yourselves. If you are planning a road trip, perhaps do it with family and friends so you can share the expense. By implementing these suggestions will you not only share the fuel expense, you will also help the environment and spend some time with your friends.
Lastly, many products have emerged into the market claiming to help you conserve fuel. Results are varied and some are unproven. As a result don’t be fooled by false claims that are only good to separate you from your money. First, when considering these products ask yourself if the purchase price and the installation is worth the savings. Do your homework and search web forums and blogs. The best way to realize a product’s worth is to ask people who use the product. You may visit www.resourceliving.com for links to information on the most popular products.
In conclusion, until we start using the new emerging technologies we are stuck with the pump. Remember to familiarize yourself with the stations in your area, keep your vehicle light on its wheels, share your ride, and don’t fret discount fuel. Most important be aware of market prices and be informed about possible scams. There is no doubt that with oil prices reaching all time highs, scams and fraudulent activities will flourish.
On a last note, remember to enjoy your vehicles. America was built on the freedom of the open road. RS

Make This A Safer Summer For Your Child

Patti N. Laird is president of
Safer Kids And Homes, Inc.,
8843 S.W. 132nd Street, Miami, FL 33176.
For more information and free safety checklists, please stop by the store, call 305-854-KIDS or visit www.SaferKidsAndHomes.com.


Summer is fast approaching, a time when your children will be spending more time outdoors and in or around the water. Here in South Florida, water safety and sun protection need to be year-round concerns.
During the summer, however – with children out of school and engaged in more outdoor activities – you have to be even more vigilant. Here are some important sun and water safety tips to keep in mind this summer… and all year long.

Sun Safety
Skin cancer in both children and adults is on the rise, especially in Florida, but it can be prevented by following the American Academy of Dermatology’s ABC’s of Sun Protection.

The ABC’s Of Sun Protection

1. Away – Stay away from the sun in the middle of the day.
2. Block – Use SPF 15 or higher sunscreen.
3. Cover Up – Wear sun protective clothing, sunglasses and a hat.

Remember, just one bad sunburn as a child can dramatically increase your chances of developing skin cancer later in life. So make sure you’re doing everything you can now to keep your child from getting too much sun exposure.

Water Safety
In South Florida, drowning is the number one cause of death for children under the age of five. Yet, with proper knowledge, supervision and layers of protection, it is entirely preventable.
Teaching children to swim is valuable, yet not enough to prevent tragedies. Consider the following statistic: 75 percent of young drowning victims were in backyard swimming pools or other "friendly" bodies of water. They typically were under the supervision of one or both parents at the time, they were missing less than 10 minutes, and they were not expected to be in the pool area.

Prevent Drowning’s With Three Layers of Protection:

1. Adult Supervision: The first layer of protection to prevent drowning is constant and proper adult supervision. Do not rely on other children for supervision, or adults distracted by visitors, phone calls or other activities.
2. Door Devices: The second layer of protection is at the doors of your house. Child safety devices, high locks, or alarms should always be used on any doors leading to a pool, spa, pond or any other body of water.
3. Pool Fence: The third layer of protection – in addition to door devices – must be a barrier that completely surrounds the pool or spa, such as a 4-foot-high mesh pool fence with a self-closing, self-latching gate.
   

Sometimes, an installed pool alarm that extends down into the water can provide an additional layer of protection, but NOT as a substitute for all three primary layers detailed above.

Lastly, everyone who supervises children needs to know how to perform CPR, a skill that should be practiced regularly. In addition to the initial CPR classes available at most local hospitals, there are now good home training mannequins that parents and caregivers can practice on regularly. One is the CPR Teddy that provides vocal feedback on pressure and technique as you are practicing.
Whether you’re at home or away on vacation, indoors or outside, remember to follow these simple but important steps for sun and water safety.
Have a great – and safer – summer!

Every Roof Tells A Story

Fascinating facts about a house can be identified by its roof.
This under appreciated facet of every house is often nothing more than a roof. However, before you rush inside, step back and study the roof with an artistic point of view.
Whether composed of slate, tile, wood, metal or modern composites, nothing defines the personality of a house like the roof. An uncomplicated roof line will suggest quiet dignity, while an elaborate roof with cross-gables or turrets may seem like icing on an already delicious cake. Often, you will be able to identify the home’s overall architectural style simply by observing two key features: shape and pitch.
The type and shape of the roof on your home can help determine how well it will perform during a severe windstorm. A hipped roof is one that slopes upward from all sides of the building. Because of its aerodynamic properties and construction techniques, most hipped roofs will perform better in windstorms than the second roof type: a gabled roof.
A gabled roof has two slopes that come together to form a ridge or a peak at the top, each end resembles the letter A. Homes with gabled roofs are more likely to suffer greater damage. Collapse at the end wall, due to high winds, is common because they are often not braced correctly during construction.
Are you experiencing problems with a leaky roof? Has the wind taken a toll on your roof leaving you with missing shingles or tiles? At least twice a year, contact a roofing expert to perform a roof inspection as well as removing plants and/or other debris. During this inspection, broken or missing roofing material will be discovered and arrangements to make repairs can be made before major damage develops.
Do not paint roof shingles! This practise will shorten the life of the roof and despite the coating from the paint, will crack and fade. If the current look of your shingles is heavily cracked and faded, you should consider replacing the roofing material.
Depending on the age of your house, you may need a roofing contractor who is licensed to deal with Asbestos. The contractor should be able to inform you of this upon inspection; if they are not licensed to work with Asbestos, ask for someone they would recommend. Take advantage of the natural "coolness" of light colors. Instead of a dark roof, a light, reflective color can cut your electric demand by 70% during the summer months.
Do not power wash your roof. If your roof has leaves or other debris, hire a roofing expert to remove them by using a leaf blower or a by hand. The intense pressure of the water can have the same effect as severe weather.

Visit http://www.resourceliving.com/ for more details.