If you, or someone you know, is going through the foreclosure process you may have heard the term “case management conference”. If you are wondering what that is, here’s the answer.

In terms of foreclosure, a case management conference is when both parties meet to talk about the foreclosure case because nothing has changed. This conference will help decide the next step in the foreclosure process, which can possibly be an alternative to a foreclosure such as a deed in lieu, short sale, or mediation.

However, you should also be aware that a case management conference could potentially speed up the foreclosure process. You should bring documentation for that explains why you have missed your payments.

For the case management conference, both parties may fill out a Case Management Report where they will include information like the date of filing of complaint and status, the status of pleadings of each defendant, the property and the documents. The report also includes the status of loss mitigation, the case, and it documents if any discoveries have occurred.

In addition, the Case Management Report will touch on the status of related cases, the status for trial, and the record activity. All of these components will help the case management conference run more smoothly.

The information needed will be easily accessible and help both parties understand the circumstances and what exactly is going on. Accuracy is important, because the information in the report and brought up at the conference can heavily influence any action taken toward the foreclosure.

The opinions in this post are solely those of the author. The author takes full responsibility for the content. Like all blog posts, this is offered for general information purposes and does not constitute legal advice.

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

Although buying a house already sounds scary, your heart might drop a little bit when your lending doesn’t go through. The question that people ask themselves is, if I am trying to buy a house from HUD and the lending doesn’t go through, am I responsible for the title, lean, and survey search?

The hard to find answer is that you pay for the pre-paid items and that the title company will eat the rest of the costs. So a few things you will have to pay for is the appraisal, any fees paid to the lender for credit reports, and the first year’s insurance premium.

Most relators won’t willingly bring up this conversation, so ask them up front about it. If you had any misconceptions or just weren’t sure, they would be able to clear everything up for you. Remember to ask early in the process.

Since HUD is the property owner and is offering the house for sale to recover the loss of the foreclosure, they will make sure they get their money one way or the other. HUD does not offer direct financing options, so know that you are on your own for that. You may qualify for an FHA-insured mortgage to help you finance your purchase, and the FHA also offers some special discount sales programs for teachers, police officers, and others if you meet the qualifications.

Overall, the best advice is to ask questions. Do your research: talk to your relator, your friends and family, and be upfront and honest about your questions and concerns.

The opinions in this post are solely those of the author. The author takes full responsibility for the content. Like all blog posts, this is offered for general information purposes and does not constitute legal advice.

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

Under Florida law, whether through foreclosure or deed-in-lieu, both the previous and the new owner are jointly and severally liable for all unpaid assessments that come due prior to the transfer of title. In a bank foreclosure, the statute’s “Safe Harbor” provision limits your lender’s liability, requiring them to pay the association only up to one year’s worth of past due assessments or 1% of the mortgage—whichever is less—when the foreclosure is complete. When it comes to how and when money is collected from homeowners, your HOA’s authority to make assessments is governed by the HOA’s own declarations and bylaws as well as statutory rules imposed by the state.

State statute entitles HOA’s to collect any late fees, interest accrued and attorney fees incurred as a result of past due assessments; however, your HOA has no statutory basis to collect attorney fees as a result of being a named defendant in your bank’s foreclosure suit. Because associations can potentially file a lien for assessments at any time, lenders routinely name HOA’s as defendants whether or not the association filed a lien against you for past due assessments. There is no statutory law or rule of civil procedure that entitles an HOA to pass on legal fees to a co-defendant.

Unless your HOA’s declaration and bylaws expressly state otherwise, your association cannot legally pass on attorney costs for doing business as usual—that is, being named in a foreclosure suit. If you are up to date on your assessments, but your association has requested that you cover legal costs pertaining to your foreclosure, consult with an experienced foreclosure attorney in order to examine your association’s bylaws and ensure your interests are being protected. Stephen K. Hachey, a Florida real estate attorney can help your wade through this process and determine a positive solution. Contact him at 813-549-0096.

The opinions in this post are solely those of the author. The author takes full responsibility for the content. Like all blog posts, this is offered for general information purposes and does not constitute legal advice.

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

Foreclosures can be a lengthy, stressful process in which all sides stand to lose. Chances are your lender wants to work it out as much as you do; it is easier and cheaper to come to an amicable agreement then to have a drawn out slugfest play through the court system. But if you’ve been hit with a final notice of sale, it’s time to think outside the box.

In the ideal scenario, getting a loan modification (renegotiating the terms of your loan in order to achieve a lower, more affordable payment) is the best option for underwater homeowners. Still, attaining a loan modification on your own isn’t always easy or possible. A foreclosure prevention counseling service can help ensure your bank is reviewing the facts of your case fairly. These services are federally sponsored and completely free of charge, so be wary of any company promising to help you keep your home for a fee.

Delaying the sale

Filing lawsuit for a separate claim, such as force insurance, is not a viable postponement strategy as it will have no effect on the foreclosure proceedings. If your sale date is looming close, then it is time to seriously consider filing bankruptcy. Any type of bankruptcy will put an automatic stay on your foreclosure. However, unlike Chapter 7 bankruptcy, which would release you from liability for the mortgage debt, Chapter 13 bankruptcy affords you the opportunity to reorganize your debt into a manageable, affordable payment plan. In essence, a Chapter 13 not only halts the foreclosure sale, it can help you get the loan modification you need.

The most secure and effective way to ensure you’re being treated fairly and that you’re doing everything you can to come out a winner is to have proper legal representation. With the help of a capable attorney, a Chapter 13 bankruptcy filing can ultimately help you craft a reasonable deal with your lender. An experienced bankruptcy attorney can help you assess your unique financial position and explore the best options for your situation.

Stephen K. Hachey, a Florida real estate attorney can help your wade through this process and determine a positive solution. Contact him at 813-549-0096.

The opinions in this post are solely those of the author. The author takes full responsibility for the content. Like all blog posts, this is offered for general information purposes and does not constitute legal advice.

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