Is it Better to Short Sell Your Home or Go Through Foreclosure While in Chapter 13?
If you are pursuing a Chapter 13 bankruptcy, you are able to either short sell or foreclose on your home to settle that portion of your debt. The purpose of a short sale is to relieve the borrower’s obligation to pay the difference between the sale price of the home and the mortgage amount when the ...
Can You Get a Loan Modification After the Consent to Judgment is Signed?
When a foreclosure process has been initiated, the homeowner still has options available to them in order to prevent the lender from reclaiming the property. One option that may be attractive to homeowners who are having difficulties making mortgage payments is a loan modification. Mortgage lenders ...
Florida's 2013 Difficiency Law Explained
When the housing market took a turn for the worst, the effects were felt far and wide across our nation. Many of us were directly affected or knew somebody that was. Foreclosure signs were popping up on every street and sadly, many people lost their homes. In the wake of such financial disaster, man ...
Can a Landlord Keep a Hold Deposit if They Switch From Renting to Selling?
The search is over and you have finally found your next rental property to call home. You pay your future landlord a hold deposit to reserve the property and are just about ready to sign the lease when you receive a notice. The landlord has decided not to rent to you, but instead has decided to sell ...
Can You Transfer Interest in a Marital Home Through a Quit Claim Deed When Divorcing?
While going through a divorce, there are many questions to be answered as to whom gets to keep what in terms of assets acquired during the marriage. Properties and homes are a big concern when it comes to dividing those assets during the dissolution. Many couples are able to settle a divorce and ...
Can You Give a 15-day Notice to End a Lease, Even When a Landlord Asks for 60 Days?
For property renters, there may come a time when you want to end your tenancy before the end of your lease. You may have a family emergency, need to relocate for a new job, or find your living situation no longer suitable. Although leases usually last for a set term and require a certain notice peri ...
Is it Legal to Only Give Notice to Only One of Two Persons on the Deed and Start the Foreclosure Process?
When a debt owed on a house has not been paid, the lender or mortgage holder can initiate a foreclosure. A foreclosure is the legal mechanism used by creditors to repossess the property so that it can be sold and the debt owed on the home can be repaid. Creditors can foreclose a property anytime aft ...
Can a Landlord use the Security Deposit to Recoup Rent That's Owed to Him or Her?
A landlord may apply the security deposit to their actual lose from a tenant violating their rental agreement. The details for when a landlord can withhold a security deposit should be stated in the rental agreement. There are a couple situations where a landlord may keep a tenant’s security depo ...
Rights of Owner and Tenant Under Pre-foreclosure Situations on Month-to-Month Rental Situations
Are you a month-to-month tenant renting a home that is in a pre-foreclosure and wondering what will happen next? Although these answers are generally more accurate when looking directly at your case, here are some of the basic facts that can hopefully paint you a clearer picture of the next steps. ...
What is the Definition of an HOA Superior Lien in Florida?
A superior lien is a lien that takes precedent over all other liens, if it is in accordance with the state statue. These liens are given higher priority and that will play into how things are handled when dealing with liens from different sources. HOA assessment liens are liens on a homeowner’s pro ...
