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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

  

Foreclosure review deadline, extended

Foreclosure review deadline, extended

Foreclosed homeowners who think they may have been victims of unfair foreclosure process between the years 2009 and 2010 have two more months to ask the federal government to review the proceedings.

The Independent Foreclosure Review intends to determine whether individual homeowners suffered financial harm and should receive compensation or other remedy because of errors, misrepresentations, or other deficiencies that may have occurred during their home foreclosure process.

Request for review have been extended to September 30, 2012. The Office of the Comptroller of the Currency (OCC) and the Board of Governors of the Federal Reserve System (Federal Reserve) emphasized that ex-homeowners who believe that they have been financially injured due to the errors in foreclosure actions on their homes in 2009 or 2010 will be duly compensated, provided that the foreclosure was done by one of the 27 lenders participating in the process.

The government has released guiding rules to follow in calculating for the compensation. Such compensation could be in a form of a lump-sum payment, suspension or cancellation of a foreclosure, loan modification, loss mitigation assistance, correction of credit reports, or correction of deficiency amounts and records.

It has been reported that lump sum payments can range from $500 to $125,000 plus equity.
Eligibility for Independent Foreclosure Review includes the following:
a. The property securing the loan was the borrower’s primary residence.
b. The mortgage was in active foreclosure process (initiated, pending, or completed) at any time between January 1, 2009 and December 31, 2010.
c. The mortgage was serviced by participating mortgage servicer.

The newly released guidelines do not cover all possible foreclosure scenarios, but here are some examples of harm that could qualify for compensation.
– Foreclosure in violation of Servicemembers Civil Relief Act.
– Foreclosure in violation of federal bankruptcy laws.
– Foreclosure of a borrower not in default.
– Failure to convert qualified borrower to a permanent modification following a successful completion of a written modified payment plan.
– Foreclosure while a borrower is complying all requirements of a written modified payment plan.
– Turning down loan modification application that should have been approved.
– Failure to offer loan modification options as required.
– Offering loan modification of higher interest rate that should have been charged under the program.
– Committing errors that did not result in foreclosure but resulted in other financial injury.
Note: Borrowers can still file other actions while requesting the mortgage review. A servicer cannot require a borrower to sign a waiver not to pursue other claims under the Independent Foreclosure Review. And there are no costs associated with the review.

Participating independent foreclosure review lenders:

America’s Servicing Company
Aurora Loan Services
BAC Home Loans Servicing
Bank of America
Beneficial, Chase
Citibank
CitiFinancial
CitiMortgage
Countrywide
EMC
Everbank/Everhome Mortgage Company
Financial Freedom
GMAC Mortgage
HFC
HSBC
IndyMac Mortgage Services
MetLife Bank
National City Mortgage
PNC Mortgage
Sovereign Bank
U.S. Bank
Wachovia Mortgage
Washington Mutual
Wells Fargo
Wilshire Credit Corporation

Other Articles to Read:

My Gainesville Home Need Repairs, Can I still Short Sale?

Gainesville Residents are Not Scared by the Housing Crisis

Gainesville Short Sales – Why Don’t I Just Let the Bank Foreclose?

When Can you Own a Home Again After Foreclosure?

Call Stephanie Anson today at 352-260-0153 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

  

Gainesville Short Sales – What is a HOA Foreclosure?

Gainesville Short Sales – What is a HOA Foreclosure? HOA foreclosures in Gainesville Florida and state wide have become a huge problem for homeowners that are delinquent on their HOA fees. HOA stands for “ Homeowners Association”. HOA foreclosures have been a growing problem for some time now. Most people do not know that their HOA is even legally capable of doing such a thing, however with these foreclosures on the rise many homeowners are finding out the hard way that this is a reality.

Just about half of the states allow “non judicial foreclosures” meaning that HOA’s are legally able to foreclose on homes due to homeowners becoming delinquent on their fees. Even in the states that require approval for an HOA foreclosures, the HOA normally wins. Florida is a “Judicial” state. With how the law currently sits, no matter how small the delinquent amount is an HOA has the grounds to proceed with a foreclosure, especially if the homeowner has uncured interest and fines.

HOA foreclosure in Gainesville process normally goes something like this: a homeowner becomes delinquent on their dues, the HOA attorney places a lien on the property, then runs an ad in the local paper announcing the homes legal status and once that is done the home is auctioned off. The homeowner has no right to a hearing and no right to confront their HOA board!

HOA’s have been around for a very long time, since the 1920’s. The primary role of an HOA is to enforce standards in a community and make sure its community members are following the regulations and the rules of the community. HOA’s responsibilities range anywhere from basic maintenance functions to extensive upkeep of the property.

Some HOA’s in Florida are so desperate and financially strapped for money that the actions they are taking seem to go to extreme lengths to collect the past due fees. One of the most extreme actions at their disposal is filing a foreclosure on a homeowner that is delinquent on the HOA fees.

Unfortunately Florida law does not impose any minimum dollar amount owed before an HOA can start a HOA foreclosure in Gainesville proceedings on a homeowner that has become delinquent in fees. Late fees, interest, and attorney fees are added to the amount owed to the HOA, and the total amount that is owed to the HOA can end up being thousands and thousands of dollars.

I cannot stress this enough that when you are facing foreclosure on your home
, you will need to find all of the information available to you. You will need to do your homework and seek professional legal help to get the advice necessary to make a sound decision on what you are going to do and all of the options that are available to you.

Once you have made a decision to pursue an alternative option to foreclosure and would like more information regarding these matters we advise you to choose someone that has extensive experience and knowledge in the foreclosure and short sale process. Laws and procedures are always changing, you will want to find someone that has the most current information available. The success of your short sale option will depend on this. For more information on the foreclosure process, foreclosure alternatives, short sales, HAFA and the HOA foreclosure in Gainesville process please call our office to speak with one of our experienced agents.

Other Articles to Read:

Real Estate Agents In Gainesville: Understanding FICO Scores

Gainesville Short Sales Update: If You Have A Short Sale Or Foreclosure, You May Owe Federal Income Taxes In 2013

Banks Are Calling Homeowners To Solicit Short Sales

Why do Short Sales Not Close?

Call Stephanie Anson today at 352-260-0153 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.