In the State of Florida, Who is Responsible for Paying a Deceased Relative’s Mortgage?
It’s not something anyone wants to think about, let alone try and figure out during a grieving period, but settling the estate of a loved one is something the bank will only let you ignore for so long. Given that the average American family has more than one child, specifically 2.5 children, decidin ...
If I buy a home in an auction am I responsible for the previous owner HOA FEES in FL?
Navigating the ins and outs of real estate foreclosure isn’t always simple. Purchasing a home at auction can seem like a lucrative and astute method of acquiring property, but what many prospective bidders do not realize when entering a foreclosure auction is that when they purchase a property, they ...
In the State of Florida, What Does Final Judgment for Plaintiff in my Landlord's Foreclosure Against him/her Mean to Me as the Tenant?
When you’re a tenant, there’s always a chance that your landlord will sell the property you rent. Generally speaking, a regular sale will not have adverse effects on tenants; your lease will not be terminated, but rather acquired by the new owner and in most cases you will be able to continue to occ ...
What Precautions Can I Take to Avoid Real Estate Scams?
At the peak of the housing bubble, real estate scammers were crawling out of their proverbial fleapits in troves, running get-rich-quick house flipping scams or posing as mortgage brokers issuing predatory loans to susceptible borrowers. When the bubble burst, it seemed real estate scammers were at ...
Can a Related Party Purchase my Property via Short Sale?
Short sales are transactions in which proceeds from the sale amount to less than the balance owed on the property. Though short sales can be a fiscally smart and a radically less agonizing option when facing foreclosure, it is not possible to have a related party purchase your property in a short sa ...
If I'm Not Paying my HOA or Condo Dues, Can the Association Take My Tenant's Rent in FL?
In 2010, the Florida legislature passed Statute §720.3085(8) enumerating powers for Florida Homeowner Associations (HOA) to bypass property owners in order to collect delinquent assessments fees directly from their tenants. The statute is designed to hold homeowners accountable for past due fees by ...
In the State of Florida, Can I Avoid a Potential Deficiency Judgment by Declaring Chapter 7 AFTER My Primary Residence Has Already Been Foreclosed?
A deficiency judgment is entered against a borrower when proceeds from a short sale, a deed in lieu of foreclosure sale or a foreclosure proceeding on their property are insufficient to pay the entire balance of the original unsecured debt. These judgments are enforced by the courts and how they can ...
What Precautions Can I Take to Avoid Scams?
Today’s housing market is in shambles and with homeowners upside down on their mortgage or in risk of foreclosure, the future is uncertain for many people. Unfortunately, there are always those who will take advantage of this situation and target desperate homeowners using foreclosure resolution sca ...
Can HOA Liens Survive Foreclosure?
When home is foreclosed in Florida, homeowners’ association (HOAs) liens can be passed on to the home’s new owner. If you buy a condominium or single family home at auction that is included in a mandatory HOA and has been foreclosed on, check to make sure the HOA dues are current. Depending on your ...
In the State of Florida, What is "Summary Judgment" Against a Tenant in a Property in Foreclosure?
The foreclosure process is a difficult one for all parties involved, the lender, the borrower, and the new owner. It’s easy to forget, or not even know, what all of your options are. The basic foreclosure process begins with a “Notice of Default.” The lender is then responsible for filing a “suit pe ...
