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WRIT OF POSSESSION AFTER THE CERTIFICATE OF TITLE

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SOUTH FLORIDA REAL ESTATE LAWYERS WRIT OF POSSESSION AFTER SUCCESFFULY WINNING AT AUCTION If you are the successful bidder at a Florida foreclosure auction and yet, after the issuance of the Certificate of Title, the prior homeowner refuses to leave, then you must move for possession.  This is not a full blown eviction procedure. Rather, you… Read more »

REVERSE MORTGAGES SOON TOUGHER

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Obtaining a reverse mortgage will soon be harder. As of May 1, 2015, new regulations will take affect that will require reverse mortgage lenders to follow stricter guidelines. Part of the change includes lenders performing credit checks on borrowers, like traditional mortgages. Applicants for a reverse mortgages, who must be at least 62 years of… Read more »

WILL THE NEVADA COURT OPINION ALLOWING HOA’S TO EXTINGUISH MORTGAGES AFFECT FLORIDA COURTS?

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A RECENT NEVADA SUPREME COURT DECISION THAT ALLOWS HOMEOWNERS ASSOCIATIONS TO TRUMP MORTGAGE LENDERS IN FORECLOSING ON HOMES SENT A SHOCK WAVE THROUGH THE MORTGAGE INUDSTRY LAST WEEK. THE RULING IN ESSENCE ALLOWS HOMEOWNERS ASSOCIATIONS TO SELL A PROPERTY TO THE HIGHEST BIDDER, FOR EXAMPLE $3,000, $4,000 OR $5,000 AND EXTINGUISH THE DEBT A MORTGAGE… Read more »

RETURN OF YOUR ESCROW DEPOSIT

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Florida “as is” real estate contracts have many terms and dates that if the buyer is not careful, and not represented by a real estate lawyer that is monitoring the deadlines, your escrow deposit could be placed at risk. The escrow deposit is the earnest deposit or money put down on a contract to secure… Read more »

RETROACTIVE TAX RELIEF FOR SHORT SALES – H.R. 5771

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FLORIDA REAL ESTATE ATTORNEYS PROTECTING YOUR INTERESTS IN A SHORT SALE In response to discouraging housing market data, Congress passed H.R. 5771 to give distressed short sale sellers retroactive tax relief.  This law applies to both short sales and foreclosures completed in 2014.  Retroactive and good for short sale and foreclosure cancelled debt through December 31, 2014,… Read more »