Foreclosure and Loan Modification Blog

What Powers Do Florida Foreclosure Laws Give HOA's?

In July, Florida recorded more foreclosure activity than any other state in the nation, according to the real estate data firm RealtyTrac. Nine of the top 10 metropolitan areas with the highest rate of foreclosures were Florida cities. Florida has ranked number one in foreclosure-related activities for three consecutive months.

While many areas of the country have experienced a drop-off in foreclosures—initial filings, foreclosure auctions and bank owned properties, the state continues to sift through the backlog of foreclosure cases.  

Most people know that mortgage lenders and local government can create liens that require foreclosure action, but many people don't know that condominium and homeowner's associations (HOAs) also can create liens that require them to avail themselves of foreclosure laws in Florida. HOAs have specific legal rights and powers over properties in the community.

This authority includes initiating the Florida foreclosure process for issues related to delinquent monthly fees, dues and special assessments.

Two Months Later: the Aftermath of Florida's New Foreclosure Law

Has HB 87 Solved Florida's Foreclosure Problems?

Florida experienced the most intense and widespread ravages of the mortgage crisis in 2008, and new foreclosures are still occuring at an alarming rate a half decade later. Even worse, Florida is a judicial foreclosure state. This means that all foreclosures have to proceed through a set process in the court of law, which can take years for each individual case. In addition to the new cases that are entering the courts daily, there are over 100,000 cases still waiting to be re-tried after the "robo-signing" scandal shut down all Florida foreclosure proceedings in late 2010. These factors combined to create a perfect storm of epic proportions in Florida's courts: so large, in fact, that there are currently over 328,000 foreclosures languishing within Florida's judicial system. 

We Fought the Law, and We Won: How Our Attorneys Stopped a Chase Bank Foreclosure

foreclosure-lawyers-defeat-chaseFlorida may be in the Southernmost part of the United States, but it was and still is the center of the foreclosure crisis. Even today, thousands of Floridians are served with foreclosure papers every month. Florida is a judicial foreclosure state, meaning that foreclosures have to proceed through through the court system in order to be completed. This combination of judicial foreclosure and the severity of the foreclosure crisis has created what is consistently the nation's largest backlog of foreclosure cases; a problem which Florida's government had not addressed until recently.

BOA Makes Up Own Requirements for Deed in Lieu of FHA Backed Loan

By Alex J. Pearlberg, Esq.

BOA whistle

So imagine you are behind in your FHA- backed mortgage, the property is way upside-down and you wish to exercise all of your loss mitigation options. As the homeowner, you have submitted all of the documents required by the servicer on your loan. Bank of America (BOA) and you have been denied for a HAMP loan modification. You have had the property listed for sale for over nine (9) months and have yet to receive an offer at anywhere close to the market value, much less the balance on the loan. BOA has sent numerous letters indicating there may be other alternatives, including a deed in lieu of foreclosure and monetary help in relocating. After thinking long and hard, you have decided to give up your homestead and surrender the property to the lender by way of a deed in lieu. One problem: BOA now indicates that “due to recent changes in FHA guidelines you must submit and proceed through the BOA short sale process and department.”

What is the Cost of Foreclosure Defense?

For most facing foreclosure either now or in the future, something has changed in their lives that is already causing more than enough stress without any help from the looming loss of their home. Many find that their change in circumstances leaves them unable to make monthly mortgage payments, and they face foreclosure simply because they don’t know what they need to do or how to go about it. When you interview lawyers to help keep your home, you might feel lost. What should be the cost of foreclosure defense?

Troubled Florida Homeowners Deserve Foreclosure Consultations

Regardless of the opinions of cable news stations, the average homeowner knows that the real estate recovery is moving at a snail's pace. The overall slow economy and high unemployment numbers figure strongly into this equation, and states that were hit the hardest by this perfect storm are taking the longest to recover. Florida, being one of these states, is still struggling with record home foreclosure rates. If you are a homeowner trying to stay afloat in Florida, foreclosure consultation may be your life preserver.

Leave Nothing to Chance

Let's be honest for a moment: this is your home, your sanctuary, the place where you relax with your family, your real-world expression of the American dream, and you are at risk of losing it.

Loan Modification Scams in Florida

The state of Florida had been recognized as a leader in real estate and mortgage fraud long before the mortgage crisis took hold of U.S. real estate markets. The combination of easy profits available from inflated formulas for calculating property valuation and appreciation and the relatively lax requirements necessary to qualify for a mortgage broker's license made Florida an attractive market for unscrupulous individuals at every level of the real estate financing process. Unfortunately, many Floridians fell victims to scams which made others rich and left homeowners holding the bag. To add insult to injury, loan modification scams in Florida are taking further advantage of desperate homeowners.

Avoiding Foreclosure With The Loan Modification Process in Florida

The loan modification process in Florida may be the answer for you if you purchased a home in Florida near the peak of the real estate market about six years ago. You, like many other borrowers, may have experienced problems building home equity over the past several years. You either have no equity in your property or an “underwater mortgage.”

An underwater or “upside-down” mortgage refers to a situation when the homeowner has negative equity in the home—the person owes more on the loan than the market value of the home.

What to Expect From a Foreclosure Case Management Conference

Florida Foreclosure Case Management Conferences

If you’re a homeowner who’s behind on your mortgage payments and in foreclosure in Florida, you may be scheduled for a case management conference. What is a case management conference and where does it come into play during foreclosure proceedings?

When Payments Fall Behind

The prospect of facing the foreclosure process in Florida can be a scary one. Most homeowners try to stall the foreclosure process by first seeking out loan modifications.

What is a Conciliation Conference Instead of Mediation?

small  7496765660If you are among the homeowners asking what is a conciliation conference instead of mediation approach to foreclosure prevention negotiation, and wondering if conciliation is the best choice for your particular situation, you'll want to become familiar with this approach and its advantages. Most people have heard of mediation and arbitration, as they are a part of many types of legal actions. Conciliation is a technique that many haven't yet seen applied in foreclosure related cases, and thus are not sure what its strengths are.

About this Blog

Amerihope Alliance Legal Services is a leading loan modification and foreclosure defense law firm with attorneys licensed in 5 states. We have helped over 7,000 homeowners fight back and keep their homes.

Click to Read Our Super Loan Mod Success Stories

Our goal is to provide valuable information to help homeowners who are trying to obtain a loan modification or to stop foreclosure. You may schedule a free consultation at any time.

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