Ok so let’s picture this situation. You live in a beautiful home with your family which you currently have a mortgage for. But during the real estate boom, you decided to buy another home at relatively outrageous price. As we all know now, that home’s price is anything but outrageously low, but you still owe quite a bit on it.
Now you are paying mortgages on your current home, AND another property that’s worth almost 50% of what it was worth. Not to mention the economic times are getting tough and prices of about everything are going up except our properties.
Does it make any sense to shell out an additional one thousand? Two thousand? Maybe even three thousand dollars a month on a home worth a lot less than what you bought it for? No, not really at all.
But there’s a solution! It’s called a short sale. Yes I know this word pops up like a hundred times throughout the day and it may even have a bad connotation to it, but let me explain what it is exactly. A short sale is simply a deal done with the bank to sell the property for less than what’s owed. Often times, the original debt is than wiped out and the homeowner walks away owing no more money, and the bank recovers some of their losses.
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Aug 11 2010
The best short cut to completing a short sale is actually having the lender sell the note to the property buyer. Yes, often the lender will consider selling the note at a discount when it won’t do a short sale. The difference to the lender is the cost and time saved in selling the note versus the drawn-out time required to complete a short sale.
The options to the lender are to:
1.) complete the foreclosure through the court system, which it will have to do if there are additional liens against the property that must be “extinguished”,
2.) complete a short sale to an investor who may or may not close on the transaction, despite having given a deposit and showing proof of funds, or
3.) selling the mortgage note to a buyer in a few days at a discount they would have accepted on the short sale, and have no further headaches.
Generally this decision is an easy one in accepting the best offer that nets the lender the most money in the least time. However, some lenders have policies about what discounts they will take and often they have an internal policy of not selling their single mortgages at a discount to investors. This varies greatly from lender to lender and I am always surprised when I make an offer only to be told that the loss mitigation representative says “I’m not sure”.
If we want to make an offer to the lender to buy a note, we preface the conversation with “We often buy the mortgage note (trust deed) at the same discount we would pay for a short sale and we continue the foreclosure”. We go on to explain that the lender can be out of the mortgage in seven days or less instead of 30 – 60 days or more. The benefit to us as investors is to get the transaction done and know we control the property. You do not have to have the deed to the property because you can continue the foreclosure and get the property at auction.
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Jul 30 2010
Homeowners are left with the task of devising and coming up with various strategies to avoid foreclosure. Actually foreclosure cannot be avoided, unless you’re the sole owner of that property. Your best option is to prolong foreclosure for many years or until you are in a better position to modify your mortgage loan.Delaying it will entirely rest on your hands. You can find ways to delay foreclosure but remember that every foreclosure varies from one another and may differ, as well, from state to state. Sometimes it can be very frustrated and complicated and sometimes it’s very easy to deal with.
Foreclosure, as well, will depend on the property, if it’s a house or another type of property. Then there’s also the lender. If the lender is kind and understanding then the foreclosure process can be easier to fight. It’s another thing if the lender is strict on terms and policy.Although each foreclosure differs from one another, most Financial Institutions deal with it in the same way; if you still cannot make your monthly mortgage payments, your lender will file for foreclosure against your property. You will be given about a month or half to respond to the foreclosure’s Summon.If you ignore the notice of foreclosure it would mean that you are giving up your claim to the property and your rights to defend yourself. The judge will favor the financial company and you will be sent a notice to leave your property. If you don’t leave your property by the date indicated you will be forced out of the property.
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Jul 23 2010
People file bankruptcy for a number of reasons. Some because they lost a job or came down with an unexpected illness. Others because they have simply overextended themselves and need a fresh start. Whatever your reason, It is very important that you understand a few basic things about bankruptcy. So here we go. Here are 4 things you should know before filing bankruptcy.You must list all of your debts – When you file bankruptcy you must list every single debt you have. It doesn’t matter if it is current or not. It must be listed. Do not intentionally leave of any creditors. It is illegal and can come back to haunt you.You must list all properties and assets – Most of your assets are protected and cannot be seized by the court during a bankruptcy proceeding. However, if they are not listed, they cannot be protected. So make sure you list every asset and property that you own. It is illegal not to.Keep making payments on all secured property you wish to keep – Any secured property that you wish to keep, such as a house, car or furniture, must continue to be paid on.All bill collectors must stop trying to collect a debt from you – At the very moment you file your petition, creditors are no longer allowed to contact you to try to collect a debt. If you discharge a debt, that creditor can never contact you again.
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Jul 22 2010
When a property is deemed to be sold as a short sale and a buyer is ready to buy the property, with the bank or lender having taken the decision to sell the property as a short sale, there are a few factors that might still surprise you, as far as the lender’s behavior is concerned. The fact is that you could be on either of the sides of the business, be a buyer or the seller, and still be surprised about some new developments. You need to always bear in mind that a short sale is the last option explored by the lender under any circumstances, hence he might try to defer it as long as possible. This is because the lender is still not sure that what he is doing is right for him, as he shall end up incurring some amount of losses due to a short sale.
A lender is always changing his short sale and loss mitigation process to figure out how he can reduce his losses. It will change at the decision of those assigned to review the pipeline disaster, which is their loss mitigation department. And, time and again, the changes usually are not for the best. They only further complicate the process. Since the banks are in the business to lend money; they are always exploring options to increase returns or reduce losses, and in the case of a short sale, the latter is more applicable.
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Jul 19 2010
If you are facing foreclosure then you need to find different ways that would help you to get rid offoreclosure procedure. If you want stop the foreclosure then you need to sell your house as soon as possible. This way you would be able to sell the house at desire price and would be able to earn huge profit in short duration of time. If you want to sell your property then you need to sell the property before the procedure of foreclosure. This way you would be able to take the necessary steps that would help you to avoid the procedure of foreclosure.
The success of the effects to stop the procedure of foreclosure would depend on your ability to get rid of foreclosure procedure. You would find that there are many banks and lender would be ready to provide you necessary guidelines about the ways that would help you to stop foreclosure and save your property from foreclosure. This would give some relaxation to the owner of the property. It would also remove some burden from the owner. If you sell your property before the foreclosure procedure then you would be able to save credit from becoming bad in the market of foreclosure. This way you would be able to save your house and your credit.
If you have decided to sell your property then there are some points that homeowners need to remember and keep them in their mind. The following are some important points that would help you to sell your property before the foreclosure:
Set the rational price of the property:
You would have some difficulty in setting the rational price of the property. If you want to sell your property then you need to show your loan amount and you also need to show the profit that you would make after selling the property. You should try to go for the full appraisal value. This way you would be able to make delay in the foreclosure procedure.
Market your sale procedure properly:
There are different types of houses in the market. But if you want to sell your house then your advertisement should be eye pleasing and should attract the attention of the potential buyers. You should also improve the internal structure of your property. You should take right steps to appeal the surrounding people.
Work with professional real estate:
If you want to stop foreclosure then the best way is to work with the professional real estate agent. They have the best skill for selling the property and they would help you to get the attractive deal for your property.
If your property is not facing the foreclosure then these agents would try to sell your property at the market price. These are the some ways that can help you to stop foreclosure.
But if you want to stop foreclosure then you need to know the basic concept of foreclosure that would aid you to get the desired fruits in short duration of time.
For more information please visit: http://www.floridalawattorney.com/
Mar 10 2009