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.
A court decision issued last year has serious implications for Florida homeowners. In U.S. Bank v. Bartram, decided last April, the Fifth District Court of Appeals held that each default that occurs after a failed foreclosure attempt creates a new cause of action for the lender for statute of limitations purposes. This is true even where acceleration has been triggered and the first case is dismissed for lack of merit.
For homeowners, this means that if a lender’s foreclosure action is dismissed, and five years pass, the lender can still bring another foreclosure action as long as the borrower defaulted sometime after the first action was brought. According to the Bartram decision, the statute of limitations will no longer prevent a new action from being initiated against the homeowner. This is the first time that a Florida appellate court clearly stated that each default triggers a new cause of action for foreclosure.
In Bartram, the Bank’s initial foreclosure action was involuntarily dismissed, and Bartram argued that because more than five years had passed since he had defaulted, the statute of limitations barred the Bank from now enforcing its rights under the note and mortgage. However, the appellate court concluded that, despite the amount of time that had passed since the Bank’s foreclosure action, the Bank was not prohibited from then enforcing its rights under the note and mortgage, so long as Bartram defaulted sometime after the first action was initiated.
For homeowners, Bartram unfortunately favors lenders and will not allow homeowners to breath easy, even after seemingly fighting off a foreclosure. It appears that this decision will result in lender’s continuing to pursue homeowners for debt owed, even after the homeowner successfully eludes an unfavorable foreclosure judgment. Further, this decision will likely speed up many outstanding foreclosure cases in Florida, where the statute of limitations is at issue.
If you have defaulted on a payment to a lender and are concerned about foreclosure, it is more important than ever to have a qualified attorney on your side. Even when you think you are free from foreclosure, lenders can continue to pursue your home if you default again. Do not try to attempt to save your home single handedly; an experienced attorney will be able to create a unique plan for your case and can guide you in handling your lender’s demands.
Stephen K. Hachey, a Florida foreclosure 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.
Although a foreclosure may seem like one of the worst events you can face as a homeowner, the nightmare may not end with the lender’s sale of your home. In the aftermath of many foreclosures, many borrowers learn that a discrepancy exists between the home’s sale price and the amount owed by the borrower to the lender. This is called deficiency exposure.
Deficiency exposure is computed by deducting the value of the collateral property at the time of the sale from the total debt owed by the borrower to the lender, calculated by including all costs, advances (such as for taxes and insurance), attorneys’ fees, etc., which the creditor expended. Under current Florida law, the creditor has one year from the finalization of the sale (the statute is unclear as to whether that counts from the issuance of the certificate of sale, or the certificate of title, which comes later) to pursue a deficiency judgment against the borrower when there remains a deficiency exposure after the sale of the home.
A lender can pursue collecting the deficiency exposure through a deficiency judgment granted by the court. This can happen simply by the lender filing a motion in the current foreclosure case, which would only need to be served to you by mail at your last known address. The lender can also try to collect a deficiency exposure by obtaining a deficiency judgment through filing a new lawsuit against you. This seems to be a popular trend in the real estate market right now, as there are many cases being filed in order for lenders to collect deficiencies. In a majority of these cases, infamous lender Fannie Mae has sold its deficiency claim rights to debt buyers, who are pursuing the borrowers for payments, treating it as part of the vicious debt collection process.
If you are undergoing a foreclosure or are concerned about foreclosure, it may be possible that your lender is able to continue to come after you if money is still owed after the sale of the home. If you end up with a deficiency exposure, you do have options available to you. First, you can defend yourself against the lender’s claim. Certain events, such as a creditor’s refusal to mitigate damages via a short sale, modification or deed in lieu of foreclosure, would be material to that defense and may assist you in fighting the claim for a deficiency judgment. Another option may be for you to file bankruptcy in order to discharge the deficiency exposure. In many cases, bankruptcy might be the cheapest and most definitive solution in the right situation, but comes with another set of issues.
Before taking any action, it is best to consult an experienced attorney who can analyze your specific case and suggest alternative defenses or plans of action. The foreclosure process is one governed by a strict timeline, so the sooner you consult with an attorney, the easier it will be to set a course of action. Do not wait for your creditor to make the first move against you. Prepare yourself for any possible attack against you and your home by having an attorney on your side.
Stephen K. Hachey, a Florida foreclosure 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.
Owning a timeshare may seem like a good idea for buyers looking for a slice of paradise once a year, but, like any property purchase, timeshares are also packaged with legal issues. Along with a week of sand and sun, buyers of timeshares can expect that they eventually may run into a deed problem. A deed is a legal document that details ownership rights of property.
If you ever grow unsatisfied with your timeshare, there may be a deed back clause in your purchase contract or the resort may offer a deed back program. A deed back clause or program allows you to legally give your timeshare back to the resort, but until then, you remain responsible for paying the maintenance and special assessment fees along with your mortgage payments.
However, not every timeshare agreement easily ends in a deed back program. Sometimes, timeshare owners who no longer wish to own the property or lose it due to bankruptcy or foreclosure may be offered a warranty deed by the resort or lender to sign to legally remove their ownership status. A warranty deed is a type of deed where the seller guarantees that he or she holds clear title to a piece of real estate and has a right to sell it to the buyer. This is in contrast to a quitclaim deed, where the seller does not guarantee that he or she holds title to a piece of real estate.
Timeshare owners should be very cautious about signing a warranty deed when attempting to give up ownership of the property. Without an attorney’s assistance in researching the full history of the property, it is virtually impossible to definitely state that the timeshare property is clear of any encumbrances. By signing a warranty deed to give the timeshare back to the resort or to a new buyer, the original timeshare owner may be making legal claims that they might not be able to back up in court if an issue ever arises with the timeshare’s title. Instead, a timeshare owner would be better served by signing a quitclaim deed, which says that the former timeshare owner gives the new timeshare owner whatever interest they have in the property.
If you own a timeshare and are thinking of giving up your interest in the property, consult an experienced real estate attorney before signing any documents or making any major legal decisions. A real estate attorney will be able to check the property history of your timeshare and ensure that you do not entangle yourself in a potential legal dispute years after giving up your stake in the property.
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.
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, many laws were amended and changed including Florida’s Deficiency Law in 2013.
If you are familiar with real estate foreclosures and short sales, you may already know the general basis of the Deficiency Law. But for many, terms such as “underwater” meant little more than the location of Atlantis or where one ends up after jumping into a pool. So to ensure that we are all on the same page, let’s look at what Florida’s Deficiency Law meant before the amendment.
Under the old law, if a home was sold as a short sale or under foreclosure for less than the balance of the mortgage, mortgage lenders had five years to ask the courts for a deficiency judgment against the borrower. In other words, mortgage holders could seek to hold the borrower legally responsible for paying the difference between what the bank made from the sell of the home and how much the borrower still owed on the mortgage.
This concept of seeking a money judgment from the courts is still the bulk of the Deficiency Law. What has changed, however, is the amount of time mortgage lenders have to request a judgment against a borrower. Under the amended Deficiency Law, mortgage lenders now only have a year to seek a deficiency judgment on homes sold after July 1st, 2013.
Now, it would seem straightforward if the previous law governed homes sold prior to the July 2013 deadline while the new law pertained to homes sold after this date. But it isn’t that simple. In fact, the new law affects many homes that were sold prior to July 1st, 2013 if the five-year period did not expire prior to July 1st, 2014. So what does this mean?
Let’s say your house was foreclosed on March 28th, 2013. Since that date falls before July 1st, 2013, the old law applies to any deficiency that results from the sale and allows your mortgage broker to seek a judgment until March 28th, 2018. However, this date falls well after July 1st, 2014. With the amendment in place, the new deadline for your mortgage lender becomes July 1st, 2014.
On the other hand, if you sold your house at a short sale on March 28th, 2009, your mortgage lender would have until March 28th, 2014 to seek a deficiency judgment. Although this date is after the amendment date July 1st, 2013, the date falls prior to the July 1st, 2014 deadline so it is unaffected by the change.
In all cases, however, if a mortgage lender seeks a deficiency against you, it is important to consult with an attorney.
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.
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 the division of assets amicably without the chaos a lot of soon to be spouses endure. For homeowners, it is good to know how to transfer one spouse’s interest to the other before the divorce proceedings get underway.
It is a common question as to whether the interest can be transferred from one spouse to the other via quit claim deed. Although the answer is yes, most attorneys advise against it. Instead, a warranty deed helps you maintain the title insurance guarantees without risking a future buyer’s disapproval when they see that the home was transferred via quit claim. Once the deed is transferred, be sure to have it recorded with the clerk of the court.
If there is a mortgage involved, it is a good idea to check into refinancing the home once the deed is transferred. By doing this, it will release the other spouse from the obligation. If a refinance is done before the deed transfer, both can be done when the refinance closes. Speak to an experienced attorney to help you navigate the process so that the timing of all actions in appropriate.
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.
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.
First off, one of the most important things to know is the “Protecting Tenants in Foreclosure Act of 2009”. Before President Obama signed this act, most renters would lose their leases after a foreclosure; however, this legislation states that leases can stay intact.
There are two options available; the tenant can either stay until the end of their lease or month-to-month tenants are entitled to their lease for 90 more days before they are required to move out. This is a great benefit to tenants because this 90-day notice period is longer than any state’s non-foreclosure notice period, this gives the tenants time to find another place to live.
Here is some other important information that you should be aware of. If the buyer intends to live on the property, then they have the right to terminate the lease with a 90-day notice. In these cases, if state legislation is more generous to tenants, federal law will not overrule the state law.
In addition, those who live in a city with rent control “just cause” eviction protection are also protected. A change in ownership does not automatically justify a termination, and the fact that the change happened through a foreclosure does not make it any different. Tenants in these cases should look at their city’s ordinances list of allowable, or “just causes” for termination so they are aware of where they stand.
If you find yourself in this situation and you are unsure what do to, don’t be afraid to speak to an attorney. They have the knowledge and means to help you figure things out and they will help you better understand the whole process and each individual step.
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.
Usually, the purpose of selling your home on your own is to reduce the costs associated with real estate transactions. When you sell by owner, you don’t have to worry about paying hefty real estate commissions to agents who market and show the house on your behalf. Even if you are selling on your own, it’s a good idea to have a real estate attorney review the contract you create with an interested buyer.
When you write the contract yourself, or use a standard template that you can find online, the attorney will not need to spend a lot of time reviewing it. Therefore, the cost is likely to be minimal. You should budget between $200 and $500, depending on where the property is located and how complex the contract is.
When you need a real estate attorney to write the contract for you, or the one you submit to the attorney requires a lot of work, your costs will be a bit higher. The best thing you can do is to talk to a couple of different lawyers and find out what they would charge. Some real estate attorneys will charge you a flat fee for the contract review, and others will charge by the hour.
Make sure you use a lawyer who is experienced in real estate law and familiar with the requirements for any forms and documentations. Choosing a lawyer you have used in the past for family or business issues is not a great idea. When you’re selling your home by owner, you need to make sure you are covered and protected, and your contract will do that.
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.
Updated:6/2/23
When you receive an order strike notice for trial, it means that the trial that was scheduled has been postponed. This usually occurs when one of the parties involved in the court action files a motion to get the trail date re-scheduled or delayed for some reason. It’s an order that is common in foreclosure cases, domestic and custody cases as well as other criminal and civil proceedings. If you are not already represented by a qualified and experienced attorney who specializes in real estate and foreclosures, you should consider consulting one. Legal terms can be confusing and overwhelming on their own, and they often have specific and nuanced meanings depending on your particular circumstances and the type of case you are involved with.
Understanding an Order Strike Notice for Trial
An Order Strike Notice for Trial is typically issued when one of the parties involved in a court action files a motion to reschedule or delay the trial. This could be due to a variety of reasons, such as needing more time to gather evidence or due to unforeseen circumstances that prevent them from being ready for the trial on the scheduled date.
This type of order is common in a range of cases, including foreclosure cases, domestic and custody cases, as well as other criminal and civil proceedings. It’s a procedural tool that ensures all parties have adequate time to prepare for the trial.
The Importance of Legal Representation
Navigating the legal landscape can be challenging, especially when dealing with complex cases such as real estate and foreclosures. Legal terms can be confusing and often carry specific meanings depending on your particular circumstances and the type of case you are involved with.
This is why it’s crucial to have a qualified and experienced attorney by your side. They can help you understand these terms, guide you through the process, and represent your interests effectively.
Reasons for an Order Strike Notice
While an Order Strike Notice for Trial is often the result of a motion filed by a plaintiff or defendant, there are instances where the judge might issue the notice independently. This usually happens when a case is considered not ready for trial.
For example, if there is a disruption between the discovery phase and the actual court trial, the court might decide to postpone the trial. This could also happen if new evidence is discovered that might significantly impact the case, or if one side unexpectedly loses their legal counsel.
Next Steps After Receiving an Order Strike Notice
If you receive an Order Strike Notice for a trial you were expecting to start, it’s important to consult with your attorney or contact the clerk of the court for further explanation. This order will impact the timing of your case and other related details, which can be frustrating if you were expecting a swift resolution.
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
In the context of real estate transactions, a title company plays a crucial role, particularly in handling escrow. When a buyer makes a purchase offer, they are often expected to include an earnest money deposit. This deposit serves as a demonstration of the buyer's serious intent to purchase the property. Once the offer is accepted and the purchase contract is signed, this money is deposited in escrow, typically held by a title company.
The Escrow Process
The escrow process is a critical part of a real estate transaction. If all goes well and the sale proceeds as planned, the earnest money held in escrow is applied towards the down payment and closing costs of the sale. However, if the deal falls through for any reason, the title company's role becomes even more significant.
In such a scenario, the title company freezes the funds in escrow. It then reviews the terms of the purchase agreement to determine whether the buyer is entitled to get the earnest deposit back.
Contract Cancellation and Escrow Funds
The cancellation of a contract can occur due to a variety of reasons. Perhaps the seller fails to fulfill the terms of the purchase contract, or there's an issue with the appraisal or inspection. Alternatively, the buyer may be unable to secure the necessary financing to finalize the sale.
In any of these cases, unless otherwise stated in the contract, the buyer would typically be entitled to a refund of the deposit. The exact amount returned may vary, as there's often a cancellation fee deducted from the earnest deposit.
Dealing with Refusal of Fund Release by the Title Company
Despite the terms of the contract, there may be instances where a title company refuses to release the buyer’s funds. If you find yourself in such a situation, it's advisable to consult with a real estate attorney. Legal action may be necessary to ensure the interests of the buyer are protected and the funds are rightfully returned.
