Selling a home can be tough, especially over time when the market and economy changes. Leftover mortgage payments can cause house selling to be a tough task, for no one wants to have existing debts with the bank. For this reason, short sale becomes the best option. A short sale is an agreement with the bank and owner to sell property for less than what the owner’s debt is and omit any unpaid balance owed.

While this method can be a beneficial way to relieve heavy debts, it comes with restrictions. When finishing a short sale, the owner and the buyer sign an Arms Length Affidavit, signifying that that no buyer/seller agreements have been made and that the seller is bargaining in their own interests. Signing this document also states that the buyer is an unrelated third party. If relatives were permitted to buy short sale home, there would be a high potential for mortgage fraud, as it would very likely that the relative would buy the home simply to relieve another of high debt.

In simpler terms, it is illegal for an individual to make a short sale with a relative. Doing so can result in a fine and/or jail time. While this method can be successful if a relative is distant enough to not reveal any relations, it is a risky move and should be taken very seriously as the consequences can be severe.

New buyers are always looking to get a good house for an even better price; the benefits of selling to a relative aren’t worth the costs. But if you wait for the right time, the right people will come and buy your house to help with your debts.

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.

Updated: 6/2/23

When it comes to renting out homes, every landlord wants to make sure that their potential renter has a clean background check; this can prove that the renter is trustworthy with money handling and treating the property and the landlord’s equipment well. However, some landlord-renter relationships can end badly, potentially leading to an eviction notice. If an individual happens to have an eviction on their record, many may turn their heads and not allow them to rent anywhere else. People often wonder, is there something you can do to set aside or hide these evictions?

The Importance of a Clean Background Check

In the world of property rentals, landlords often place a high value on potential renters having a clean background check. This serves as a form of assurance that the renter can be trusted with handling money responsibly and treating the property and the landlord's equipment with care. However, landlord-renter relationships can sometimes sour, leading to unfortunate outcomes such as eviction notices.

The Impact of an Eviction Record

If a renter has an eviction on their record, it can significantly impact their ability to find new rental opportunities. Many landlords may be hesitant to rent to someone with a history of eviction. It's important to note that evictions, whether they are "for cause" or "without cause," are filed by landlords and remain on the renter's record indefinitely. This means that no matter the reason behind the eviction, having the word "eviction" on a rental record can raise red flags for potential landlords.

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.

Navigating Rental Opportunities with an Eviction Record

Despite the challenges, individuals with an eviction on their record do have options. The key is to find landlords who are understanding and accepting of your current record. Over time, as a renter shows improvement and builds a positive rental history, a past eviction can become less of an issue for future landlords.

Finding Understanding Landlords

Interestingly, single unit landlords might be more open to renting to individuals with eviction records than larger companies. These landlords may be more flexible and willing to consider the individual circumstances surrounding a past eviction. Therefore, when seeking rental opportunities, it's crucial to demonstrate responsibility and a commitment to following the rules of the rental agreement. After all, no one wants to wake up to an eviction notice taped to their front door.

Updated: 6/3/23

Understanding Post-Foreclosure Utility Management

When a property changes hands through a foreclosure sale, the new title holder steps into a complex web of responsibilities. One of these is the management of utilities such as electricity and water. In Florida, as in many states, the law provides certain protections for occupants of a foreclosed property. These laws often extend to the provision of essential utilities, which can’t be arbitrarily discontinued even after the title transfer.

The Legal Process for Shutting Off Utilities

In Florida, the new title holder cannot unilaterally decide to shut off utilities without following due process. This involves obtaining a writ of possession, a legal document issued by the court that allows the new title holder to take possession of the property. Until this writ is issued, the new title holder cannot make unilateral decisions regarding utilities. Furthermore, Florida law protects against “self-help eviction,” a practice where landlords use tactics like cutting off utilities to force out occupants. Such actions can lead to legal repercussions.

Tenant Rights and New Title Holder Obligations

Florida law provides robust protections for tenants, even in the event of a foreclosure. The new title holder must respect these rights. For instance, they cannot evict tenants without proper notice, and they cannot cut off utilities as a means of forcing them out. If the property is occupied by a tenant with a valid lease, the new title holder must honor the terms of that lease, including the provision of utilities. Violating these rights can lead to legal action and potential liability for the new title holder.

Navigating Utility Company Policies

Utility companies have their own policies for managing service in the event of a foreclosure. These policies often require the new title holder to establish a new account in their name. However, utility companies cannot discontinue service without proper notice and must provide the new title holder with an opportunity to continue service. It’s crucial for the new title holder to communicate with utility companies promptly to avoid any disruption in service.

Potential Consequences of Improper Utility Management

Improper management of utilities can lead to serious legal and financial consequences. If utilities are discontinued without following the proper process, the new title holder could face legal action from the occupants. They could also be held financially responsible for any damages or health issues that result from the lack of essential services. In extreme cases, the new title holder could even face criminal charges for unlawful eviction. Therefore, it’s crucial to understand and adhere to the legal requirements for utility management in the aftermath of a 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.

 

Stephen K. Hachey P.A. Stephen K. Hachey P.A.
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