With so many programs in place to help homeowners avoid foreclosures and keep their homes, it can be difficult to figure out who is legitimate and who is harboring less than honest intentions. If you are trying to get a modification on your home loan or looking for a way to avoid or manage a looming foreclosure, make sure you take some time to evaluate a company before jumping into a business deal. Dealing with a potential foreclosure can be emotional and challenging, so find a company that is available to meet your needs and work with your lender on your behalf. If you aren’t sure whether to trust a company, call the Attorney General and find out if there are any complaints on file.

One of the first questions you should ask is whether the foreclosure modification company expects any money up front. If the company wants you to pay them before any work is done, you might want to reconsider doing business. You should also be skeptical of any company that promises you they can save your home. That decision will ultimately be the bank’s call. If the foreclosure modification company promises they can get you a lower interest rate or a lower monthly payment, you should also be suspicious. A good foreclosure modification company will evaluate your current situation and offer you options for how to modify your mortgage and save your home. They should not charge any fees up front and they cannot make promises that they will not be able to follow through on. If you have additional questions about this process, Stephen K. Hachey, a Florida real estate attorney, can help. Contact our offices at 813-549-0096.

This article is for general informational purposes only and does not establish an attorney-client relationship. Please contact a licensed attorney in your state of residence. For more information on our services, please visit our website at floridarealestatelawyer.org.

This post was written by Stephen Hachey. Follow Stephen on Google, Facebook, Twitter & Linkedin.

What is a 3-Day Eviction Notice?

A 3-Day Notice is most often served in Florida when a tenant does not pay rent, and the landlord intends to pursue eviction proceedings. Any violation of the lease terms can result in a 3-Day Notice, which demands that the tenant either rectify the problem or leave the property. Three business days are given to you for this purpose. Weekends and court holidays will not count towards the three days.

Don’t Wait, Take Action Immediately

If you receive a 3-Day Notice, you should immediately contact your landlord or the property management company that oversees your rental home. You must be prepared to reach an agreement if you want to stay in the house. This means catching up on the rent you owe, getting rid of a pet that is prohibited or whatever course of action is required.

Due to our current caseload, our office simply does not the have the resources
needed to dedicate to any additional tenant legal matters.
Any tenant-specific legal matters should be referred to the following organization:
Lawyer Referral Service Online (available 24/7) — https://www.floridabar.org/public/lrs/
or Phone (800) 342-8011 Monday through Friday 8:00 a.m. to 5:30 p.m.

What Comes Next?

If you do not reach an agreement with your landlord, or pay the rent that is owed and the three days pass, you will have to prepare yourself for an eviction. The landlord will file at the courthouse, and you will receive a court date. If the landlord prevails and your eviction is granted by a judge, you will have only a few days to move out of the property. If you want to stay in the property, it is essential to resolve any disputes you can with the landlord as soon as you receive a 3-Day Notice.

This article is for general informational purposes only and does not establish an attorney-client relationship. Please contact a licensed attorney in your state of residence. For more information on our services, please visit our website at floridarealestatelawyer.org.

In Florida’s real estate market, the sale of rented properties is not uncommon. However, this can create a complex interplay between a tenant’s right to privacy and a landlord’s right to sell. Let’s dissect this intricate balance, offering both tenants and landlords a clearer roadmap for such situations.

The Sanctity of Home: A Tenant’s Perspective

For tenants, a rented property is more than just a building—it’s a home. Florida law acknowledges this sentiment by ensuring tenants are granted certain rights. One of these rights is the expectation of privacy. While a landlord owns the property, they can’t arbitrarily invade a tenant’s space. Any entry into the rented premises, especially for showings, requires prior notice. This notice period, often 24 hours but sometimes longer, is typically enshrined in the lease agreement. It’s not just a matter of legal compliance; it’s about respecting the tenant’s personal space and daily routines.

The Business of Selling: A Landlord’s Perspective

From a landlord’s viewpoint, selling a property is a significant financial decision. Whether driven by market conditions, personal finances, or investment strategies, landlords have a vested interest in showcasing their property in the best light to potential buyers. However, this business endeavor must be balanced against the rights of the tenant. Providing written notice, adhering to the stipulated notice period, and being flexible with showing times are not just legal obligations but also gestures of goodwill.

Finding Middle Ground: Collaboration and Communication

Open dialogue can mitigate many potential conflicts. Tenants might consider specifying particular “showing windows” that align with their schedules. Landlords, in turn, can offer incentives or rent reductions for the inconvenience caused by frequent showings. Such collaborative approaches can transform a potentially contentious situation into a win-win for both parties.

Legal Recourse and Protections

While collaboration is ideal, disputes can arise. Tenants feeling that their rights are infringed upon should first consult their lease, the primary legal document governing the landlord-tenant relationship. If issues persist, seeking counsel from an attorney specializing in Florida’s landlord/tenant laws can offer clarity and potential remedies. Landlords, too, should be proactive in understanding their legal obligations to avoid potential litigation.

Due to our current caseload, our office simply does not the have the resources
needed to dedicate to any additional tenant legal matters.
Any tenant-specific legal matters should be referred to the following organization:
Lawyer Referral Service Online (available 24/7) — https://www.floridabar.org/public/lrs/
or Phone (800) 342-8011 Monday through Friday 8:00 a.m. to 5:30 p.m.

Conclusion

The sale of a rented property in Florida presents unique challenges, necessitating a delicate balance between tenant rights and landlord objectives. Through understanding, communication, and a spirit of cooperation, both parties can navigate this journey with minimal friction and mutual respect.

This article is for general informational purposes only and does not establish an attorney-client relationship. Please contact a licensed attorney in your state of residence. For more information on our services, please visit our website at floridarealestatelawyer.org.

When you lose your home in foreclosure, the bank takes over the property, but you might be wondering who becomes responsible for property taxes. Many homeowners who go through a foreclosure worry that they are required to continue paying taxes. Those overdue real estate taxes are a problem, but most attorneys agree that the homeowner is not responsible for them. Those taxes are associated with the property itself, not the people who are living in the property. Therefore, if you are no longer tied to the property because of a foreclosure, the unpaid or overdue property taxes are not your problem. Consult an attorney with expertise in foreclosures or real estate law just to double check. However, you should not worry about paying taxes on property you no longer own.

Taxes on any personal property will be your responsibility. However, the tax liability on your property will transfer to the new property owner. So, if someone buys your house at a foreclosure auction, that new buyer will have to assume the tax burden. If your lender is going to hold onto your property for a while, the lender will have to take over the tax payments. As soon as you realize you are going to allow your home to go into foreclosure, you should stop paying your property taxes. If you are planning to strategically default, do not pay any new property taxes. Be careful if you are trying to negotiate a short sale or a deed in lieu of foreclosure. In those cases, your lender might require that your property taxes are paid up and current in order to agree to any kind of deal. Stephen K. Hachey, a Florida real estate attorney, can help you navigate this process. Contact our offices at 813-549-0096.

This article is for general informational purposes only and does not establish an attorney-client relationship. Please contact a licensed attorney in your state of residence. For more information on our services, please visit our website at floridarealestatelawyer.org.

This post was written by Stephen Hachey. Follow Stephen on Google, Facebook, Twitter & Linkedin.

Owning a property is a significant milestone, and there are times when homeowners wish to share this ownership with others, be it due to marriage, inheritance, or other personal reasons. One common method to achieve this is by adding names to the property deed. Here’s a comprehensive guide on how to do so:

1. The Role of the Quitclaim Deed

A quitclaim deed is a straightforward legal document that allows property owners to transfer their ownership rights. The unique aspect of this deed is that it permits the transfer of rights from the owner to themselves and other individuals. For instance, if you own a home and recently got married, you might consider adding your spouse’s name to the deed. Instead of undergoing a complex sale or refinancing process, a quitclaim deed simplifies the procedure.

2. Benefits of Using a Quitclaim Deed

Efficiency: The process is relatively quick and uncomplicated.
Flexibility: It allows the original owner to retain their rights while adding others.
Cost-effective: Compared to other property transfer methods, using a quitclaim deed can be more economical.

3. Situations Suited for a Quitclaim Deed

While quitclaim deeds are versatile, they are particularly beneficial in specific scenarios:

Marriage: When one partner owns a property and wishes to include the other.
Divorce: When one partner relinquishes property rights in favor of the other.
Gift: Transferring property ownership as a gift to a family member or friend.
Estate Planning: When incorporating properties into a trust.

4. Seeking Legal Counsel

While the process might seem straightforward, it’s essential to ensure all legalities are correctly addressed. A real estate attorney can guide you through the intricacies of the quitclaim deed, ensuring that the document is correctly drafted, notarized, and filed. This legal guidance can save you potential complications in the future.

Conclusion

Adding names to a property deed is a significant decision that can have long-term implications. Whether you’re looking to share your property with a loved one or make strategic estate planning moves, understanding the process and seeking expert advice is crucial.

This article is for general informational purposes only and does not establish an attorney-client relationship. Please contact a licensed attorney in your state of residence. For more information on our services, please visit our website at floridarealestatelawyer.org.

 

Stephen K. Hachey P.A. Stephen K. Hachey P.A.
Have Questions?
Speak With a Real Estate Attorney Now
Call Now! (813) 549-0096

Property ownership is not just about acquisition; it’s also about the flexibility to adapt to changing circumstances. Whether due to a change in relationship status, estate planning, or other reasons, there might come a time when you need to remove a name from a property deed. Here’s a comprehensive guide on how to navigate this process:

1. Automatic Removal Upon Death

When a co-owner of a property passes away, their name is automatically removed from the deed. However, this process isn’t always as straightforward as it seems. It’s essential to consult with a real estate attorney to review the deed, any existing wills, trusts, or estate plans. This ensures that the property’s ownership aligns with the deceased’s final wishes and that no additional legal provisions are overlooked.

2. Removing a Living Person’s Name

If you wish to remove a living individual’s name from the deed, the process requires more legal steps. Two primary methods can be employed:

  • Deed Transfer: This involves transferring the property’s ownership rights to a specific individual or entity, effectively removing the other party’s name from the deed.
  • Quitclaim Deed: This legal document allows an individual to relinquish their ownership rights in a property. It’s particularly useful in scenarios like gifting a property or during a divorce. The party with legal ownership rights files a quitclaim deed, granting full ownership to another party, thereby removing the prior owner’s name and rights to the property.

3. Special Considerations in Divorce and Gifting

Divorces can be complex, especially when shared assets like properties are involved. If one party doesn’t voluntarily agree to remove their name from the deed, legal intervention might be necessary. In such contested cases, having a seasoned real estate attorney is invaluable.

Similarly, when gifting a property, it’s crucial to ensure that the transfer aligns with legal requirements and that all parties understand the implications of the change in ownership.

4. The Role of a Real Estate Attorney

Regardless of the reason for removing a name from the deed, it’s advisable to consult with a real estate attorney. They can guide you through the intricacies of deed transfers, ensuring that the document is correctly drafted, notarized, and filed. This legal guidance can prevent potential complications and disputes in the future.

Conclusion

Removing names from a property deed is a significant decision with long-term implications. By understanding the process and seeking expert advice, you can ensure a smooth transition and protect your property rights.

This article is for general informational purposes only and does not establish an attorney-client relationship. Please contact a licensed attorney in your state of residence. For more information on our services, please visit our website at floridarealestatelawyer.org.

 

Stephen K. Hachey P.A. Stephen K. Hachey P.A.
Have Questions?
Speak With a Real Estate Attorney Now
Call Now! (813) 549-0096

When a lender brings a foreclosure action against a property owner in Florida, that lawsuit covers anyone and everyone who might also have a claim to the property. If you are living in a home that is being foreclosed on, the bank may include you as a defendant not because you will owe them any money or may be pursued for any damages, but because the bank will want a clean and clear title on the property, and you as a tenant may be a complication for them. The first thing you want to do is make sure you continue paying your rent. You should pay the property owner until the foreclosure is finalized. Once the foreclosure is complete, if you are still living in the property you might be instructed to make rental payments to the court.

Being served or included in a foreclosure lawsuit when you do not even own the property can be frightening and confusing. Do not panic. If you are not sure what you should do, contact a real estate attorney or a lawyer who is experienced in foreclosures. You will not be evicted from the property if you continue making rental payments. There is a law in place to protect tenants during a foreclosure. If you are under a lease agreement, you can finish out your lease. If you are renting outside of a lease agreement, you will have 90 days to find a new place to live. There is no need to panic about the lawsuit. Once you are no longer a tenant on the property, you will be dropped from it and it will remain a legal matter between the property owner and the lender. Stephen K. Hachey, a Florida real estate attorney, can help you navigate this process. Contact our offices at 813-549-0096.

This article is for general informational purposes only and does not establish an attorney-client relationship. Please contact a licensed attorney in your state of residence. For more information on our services, please visit our website at www.floridarealestatelawyer.org/

This post was written by Stephen Hachey. Follow Stephen on Google, Facebook, Twitter & Linkedin.

When homeowners realize they cannot keep up with their mortgage payments, and loan modification is not an option, there are still ways to avoid foreclosure. Thanks to the Home Affordable Foreclosure Alternatives program (HAFA), homeowners can work with their banks on other ways out of the property. One popular way to avoid foreclosure is through a short sale. Short sales are conducted when the owner of a property sells it for less than what they owe on the mortgage. Your lender must approve this sale, and thanks to HAFA, many more lenders are willing to work with their borrowers to initiate and close on short sales.

A borrower will have to agree to the terms put forth by the lender when they take advantage of a short sale or other remedy through HAFA. However, it is often worth it. Not only will you protect yourself from foreclosure, you will also not have to worry about the lender pursuing you for whatever balance remains on your loan. Your credit will be damaged from a short sale, but not as much as it would have been if the foreclosure went forward.

Talk to your lender about your options. If you can, modify your loan so that you can catch up with and afford your mortgage. If that is out of the question, try to get a short sale approved through HAFA. You will end up saving money in the long term, and you will not have to worry about the emotionally frustrating foreclosure process. These options can seem complicated at times, Stephen K. Hachey, a Florida real estate attorney, can help. Contact our offices at 813-549-0096.

This article is for general informational purposes only and does not establish an attorney-client relationship. Please contact a licensed attorney in your state of residence. For more information on our services, please visit our website at www.floridarealestatelawyer.org/

This post was written by Stephen Hachey. Follow Stephen on Google, Facebook, Twitter & Linkedin.

The Home Affordable Modification Program, affectionately called HAMP, is a federal program passed in 2009 to help homeowners stay in their homes. This program was enacted in order to stem the alarming rate of foreclosures in the nation. With house values falling below what most people owe on their mortgages, getting refinanced and keeping up with mortgage payments seemed impossible for a lot of homeowners. HAMP encourages borrowers to work with their lenders towards finding a way to stay in their homes and get current on their mortgages.

Depending on your financial situation, the value of your home and the lender you are working with, HAMP can help you reduce the principal owed on your mortgage, or get your interest rate lowered to a point that makes your monthly mortgage payments more affordable. There are several requirements that you will have to meet in order to qualify for HAMP. You must be seeking a modification on your principal residence, and you must have signed your mortgage prior to January 1, 2009. If you meet those requirements, talk to your bank about the amount you owe and how it compares to the value of your home. You may be able to get a modification that makes payments more reasonable.

Many of the largest lenders in the nation are working with their borrowers through HAMP. If you are worried about foreclosure or you have struggled to make your mortgage payments, call your lender and find out if HAMP is an option for you. Stephen K. Hachey, a Florida real estate attorney, can help you navigate this process. Contact our offices at 813-549-0096.

This article is for general informational purposes only and does not establish an attorney-client relationship. Please contact a licensed attorney in your state of residence. For more information on our services, please visit our website at www.floridarealestatelawyer.org/

This post was written by Stephen Hachey. Follow Stephen on Google, Facebook, Twitter & Linkedin.

When you are renting a property and your landlord becomes delinquent with HOA fees in Florida, you might be worried that the HOA will foreclose on the property you are living in. This is a real and frightening possibility. However, it does not mean that you are entitled to stop paying your rent. As long as you signed a lease agreement, you must abide by the lease and make your monthly rental payments to the property owner. Even if the HOA initiates foreclosure against the property owner, you are still bound by the contract you signed and you must pay rent.

The property owner, even when delinquent in HOA fees, is still the legal owner of the property you are renting. Therefore, you must continue to make rental payments, otherwise you can be evicted from the home. You will be legally protected. If you have a lease, you will be allowed to finish out the duration of your lease in the property. Your rental payments will be made to the HOA once the foreclosure is finalized, but not before then. If you are living in a unit or a home with only a month to month lease, you are legally able to stay in the home for 90 days after a foreclosure.

Tenants’ rights during a foreclosure are protected under the Protecting Tenants at Foreclosure Act. You will not be thrown out of the property when foreclosure occurs, as long as you continue to make rent payments. Remember to make your rental payments to the property owner, even if he or she is delinquent in HOA fees. That person is still the property owner until a foreclosure is finalized. Stephen K. Hachey, a Florida real estate attorney, can help you navigate this seemingly complicated process and make sure that you are represented properly. Contact our offices at 813-549-0096.

This article is for general informational purposes only and does not establish an attorney-client relationship. Please contact a licensed attorney in your state of residence. For more information on our services, please visit our website at www.floridarealestatelawyer.org/

This post was written by Stephen Hachey. Follow Stephen on Google, Facebook, Twitter & Linkedin.