Investor Protection when purchasing real estate in the United States

Home For Sale Real Estate Sign in Front of Beautiful New House.United States and Florida law is much different from laws around the rest of the world.  Specifically with the advent of so many bank owned properties, foreclosures, liens, judgments and other crucial instruments that may cloud title. The single most important thing a real estate investor can do is hire the services of an attorney to protect their interests and make sure all is clear at the time of closing.

Title insurance can only protect the buyer so much.  Inspections, as well as surveys can reveal items unknown to the buyer and perhaps not revealed by the seller until its too late.   Moreover, many mortgages have switched hands and been transferred and the buyer must make absolutely sure that title is free and clear of any mortgages.

Whether you need assistance buying or selling, review of a contract, researching any title issues, title insurance, title services, escrow services,  or any other real estate service, the first consultation is always free of charge.

TRUST  |  COMMITMENT  | RESULTS

 

/by

HOA liens and how the Association Can Foreclose

jacqueline-a-salcines-consultationHOA liens for nonpayment of maintenance or assessments are permitted under the Condominium or Homeowner Association documents.  Pursuant to Florida Statutes, and assuming the proper authority vested in the condominium or HOA documents, associations are permitted to file a claim of lien against the property owner for nonpayment of any assessments or maintenance amounts past due.  IF the homeowner fails to pay the HOA has one year to bring suit in foreclosure to take the property away, sell it in foreclosure, to satisfy the amounts due.  And the worse news is that the owner loses their home, but the mortgage does not go away.  The borrower is still liable under the terms of the mortgage even if the house no longer belongs to them.

Many associations, HOA and condominiums charge excessive amounts either not permitted by law or condo docs, and therefore require the intervention of an attorney to review the amounts, make sure they are legal and permissible and then hopefully negotiate the settlement of all sums due, so the homeowner does not lose the property.

Often times, it is just too late and the homeowner is not interested in keeping the property. In a short sale, the lender will most typically pay off all sums due the HOA or Condominium Association so the owner walks away from the debt.

When determining what is owed, and whether it makes sense to keep the property, enlist the assistance of an attorney tor review and confirm all charged amounts are legal. The first consultation is always free of charge.

TRUST  |   COMMITMENT  |  RESULTS

 

/by

How to remove your name from title and transfer property through Quit Claim

The transfer of a property by virtue of a Quit Claim Deed removes the person from title, however does not relieve the person from a mortgage debt or obligation under the terms of the Promissory Note.  Often times, borrowers believe that by filing a Chapter 7 bankruptcy or Chapter 13 to include the mortgage debt, that they have in fact delivered the property or title to the bank that holds the mortgage. However, this is not the case.

The bank must still go through the foreclosure procedure in order to obtain a judgment to sell it at auction, and have the certificate of title transferred to it.

Moreover, a quit claim deed while removing one or several persons from title, does not remove any other lien nor relieve the borrower from any other debt against the property.

Anyone interested in finding out about the consequences, requirements and effect of a quit claim deed should speak to an attorney prior to signing, to make sure the final desire is addressed by a quit claim deed.

The first consultation is always free of charge.

TRUST |  COMMITMENT  |  RESULTS

 

 

 

/by