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Are you facing a foreclosure, would like to buy a foreclosure or are you looking to avoid foreclosure? Information is available to help you make your next move.

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Defending Your Gainesville Home Against Foreclosure


Defending your Gainesville Home Against Foreclosure

Each state is governed by different foreclosure laws and procedures; it is advisable to have an attorney to help you with your decision regarding foreclosing your home.

In Gainesville Florida, buying a property means owning the deed of the house by a statutory warranty deed. This deed is very important; keep it at all times and must be with you when you decided to close your home and began doing the paperwork. With this, this makes Florida a deed state.

The course of foreclosure process involves court procedures. As a homeowner, you have the right to represent and defend yourself versus a foreclosure. The lender cannot just foreclose your property, it is a must for the lender to go to the court, find an attorney for you to hand in the deed to them. With this, it might a long time to get the results of your foreclosure.

There are sequence of events that might be applicable in Florida:
• When you are a Gainesville homeowner whose not paying your mortgage payment up-to-date,
• Expect a call from your lender and a
• Letter of late payment
• If payment is still not made, the lender will send a demand letter
• Lender will file Lis Pendens. Lis Pendens is a notice to foreclosure and summon against the homeowner.
• You have 21 calendar days to reply to the complainant and answer the court.
• The lender is allowed to put your property in the local newspaper including the location, but it must be approved by the judge. This is done if you avoided the process or have left your gainesville property and did not leave a forwarding address.

It will take 90 days to 24 months for your house to be on sale on the ‘courthouse steps’. It is recommended for you to get your own gainesville foreclosure defense attorney. They know how to delay the foreclosure. With the given timeframe, it will allow you to still obtain a buyer and put your home on Gainesville short sale and closed.

During the process, it is essential for you to respond to all of the summons and complaint. Let your attorney handle the responses and have a short sale agent to take care of selling your house. Always be present when the court requires your presence. Get in touch with Alachua’s county court clerk’s office to know the requirements when filing a response. If you can’t afford an attorney, your court house might be able to help you with this. If you are looking for the best Gainesville short sale agents and realtors so pls check this out.

Other Articles to Read:

Bank of America’s Cooperative Short Sale Program

Banks Are Calling Homeowners To Solicit Short Sales

Options To Prevent Gainesville Foreclosure when Unemployed

Do I Have to Pay for the Real Estate Agents Commission?

Call Stephanie Anson today at 352-535-0620 for a confidential phone interview regarding your options.

Please seek legal advice. This information is for informational purposes only.
Contact Stephanie Anson, CLHMS, CDPE, SFR, Realtor®, Anson Properties LLC. Licensed Realtors® in Florida at 352-260-0153 to list your property for sale or to purchase a property in Gainesville, Archer, Alachua, High Springs, Waldo, Keystone Heights, Hawthorne, Melrose, Cross Creek, LaCrosse, Williston, Earlton, Ocala, Micanopy, Newberry, Kanapaha, Haile Plantation, Duck Pond and the rest of Alachua County Florida, Orange County Florida and Seminole County Florida. We are accepting referrals. Gainesville Short Sale Agents

  

Banks have to Prove they Own Note to Foreclose


Banks have to Prove they Own Note to Foreclose


This highlights the 4th District Court of Appeal’s ruling, which requires lenders-banks to prove owning the homeowners’ note as prerequisite to foreclosure. This foreclosure news will give hope to homeowners who are facing foreclosure particularly for Gainesville Florida homeowners. Understand the difference between a mortgage and a note.

The said ruling may compel the lenders-banks to drop some of the cases they have against homeowners. Until they obtain the real note, they can’t proceed in starting the foreclosure over again. This is beneficial first and foremost for Gainesville Florida homeowners because they get a chance to prove their case in court. It will also benefit foreclosure defense lawyers and Gainesville Florida short sale agents in terms of having enough time to get a short sale approval for their sellers.

Foreclosure News also reveals Florida Supreme Court’s decision to work on a case that had undergone foreclosure already. Allegedly, the lender backdated the note when they presented it to court. The court claimed that the ruling they made on the case of the homeowner who had already lost his home would give a dent on the foreclosure crisis in Florida.

According to thousands of Florida homeowners, the lenders did not have the original note with them when they filed for the cases. The banks mostly resorted in acquiring the note prior to the final foreclosure summary judgment disposition. The appeals court, however, demanded for the banks to prove their ownership of the property prior to their filing of complaint toward homeowners and foreclosure summons.

The 4th District Court of Appeal administered the ruling that banks are deemed to have and prove ownership of the notes on which they have filed foreclosure.

According to Foreclosure News, instead of the summary judgment hearing; the homeowners are entitled to undergo evidentiary hearing. If the lenders/banks are not confident about the note, they will have to expel the case.

Summary judgments, according to foreclosure news, are only usual in foreclosure cases. For such issue, it is best to seek advice from a Florida foreclosure defense attorney.

Other Articles to Read:

Foreclosure News Reports On More Loan Transferring

Avoid Notice of Default – Refinancing Balloon Mortgages

Short Sale Top 10 Questions

Gainesville Florida Renter Rights During Foreclosure

Call Stephanie Anson today at 352-535-0620 for a confidential phone interview regarding your options.

Please seek legal advice. This information is for informational purposes only.


Contact Stephanie Anson, CLHMS, CDPE, SFR, Realtor®, Anson Properties LLC. Licensed Realtors® in Florida at 352-260-0153 to list your property for sale or to purchase a property in Gainesville, Archer, Alachua, High Springs, Waldo, Keystone Heights, Hawthorne, Melrose, Cross Creek, LaCrosse, Williston, Earlton, Ocala, Micanopy, Newberry, Kanapaha, Haile Plantation, Duck Pond and the rest of Alachua County Florida, Orange County Florida and Seminole County Florida. We are accepting referrals.

  

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Options To Prevent Gainesville Foreclosure when Unemployed

Options To Prevent Gainesville Foreclosure when Unemployed

Unemployed and Facing Foreclosure

There have been rules by FHA obligating lenders to extend their fortitude to homeowners who are unemployed for the span of 12 months. These rules took effect in July 2011 and are geared toward giving assistance to unemployed homeowners for them to make it through the economic depression.

The original fortitude timeline was limited to four months but the timeline for most homeowners had been extended to 12 months after the prolonged state of unemployment. More than 45% of the unemployed have been hunting work for more than 24 months.

Short Sale Agents in Gainesville believe that homeowners will be given more chances to find employment during this time of economic depression if the timeline for the fortitude will be extended.

In order to prevent foreclosure, a time of review at the end of the 12 months has been implemented to assist the homeowners.

Short Sale Agents in Gainesville Florida are encouraging those FHA borrowers who are having difficulties on their mortgages during extended unemployment status to call their lenders rightaway – now that a special fortitude option is being offered. An FHA borrower will be qualified in getting more assistance than would be available once a loan default process is enforced when they take the time to notify the lender about the unemployment status.

Other Articles to Read:

Know Your Options

Loan Modification Failures Are Rising

Mortgage Relief For Unemployed

Refinancing Balloon Mortgages

Call Stephanie Anson today at 352-535-0620 for a confidential phone interview regarding your options.

Please seek legal advice. This information is for informational purposes only.
Contact Stephanie Anson, CLHMS, CDPE, SFR, Realtor®, Anson Properties LLC. Licensed Realtors® in Florida at 352-260-0153 to list your property for sale or to purchase a property in Gainesville, Archer, Alachua, High Springs, Waldo, Keystone Heights, Hawthorne, Melrose, Cross Creek, LaCrosse, Williston, Earlton, Ocala, Micanopy, Newberry, Kanapaha, Haile Plantation, Duck Pond and the rest of Alachua County Florida, Orange County Florida and Seminole County Florida. We are accepting referrals.