Florida Foreclosures- How Long Does My Lender Have To File Deficiency Judgement?
Statute of Limitations for Post Foreclosure Deficiency Judgements
In the state of Florida AFTER your home or property has been foreclosed on, your lender or the mortgage note owner has a specific time period in which they can file a judgement against you.
What happens when you lose your property in a foreclosure is that your property will be sold and most often it will be sold for less than what you owe your lender.
When there is not enough money to pay off the balance of your mortgage- that is called a “deficiency”.
The creditor ( your bank- note owner- servicer in behalf of your note owner- etc) has a right in the state of Florida to file a claim against you for that deficiency amount.
So if you owe the bank $500,000 on your loan for your property but the foreclosure sale goes for $400,000; you owe your lender $100,000. Your lender has the right to get a judgement against you for that amount.
BUT there is a statute of limitations in Florida for how long they have to make this claim against you.
The rules have also recently changes with the new updates to foreclosure rules in Florida.
The rules used to say that the bank has 5 years to file a deficiency judgement against you.
With the new rules- the creditor in a foreclosure only has 1 year to make a claim against you.
If your foreclosure took place on or after July 1, 2013 the creditor has to file their deficiency judgement against you within 1 year.
If your foreclosure happened before July 1, 2013 then your creditor has 5 years to file that deficiency judgement against you or prior to July 1, 2014: whichever comes first.
If your lender has violated these new rules we suggest you seek the advice of a good attorney.
We are NOT attorneys and we are NOT giving you legal advice. Please contact your attorney for specific legal advice pertaining to your own situation.
If you want to avoid your foreclosure- a Florida Short Sale may be a better option for you. Call Nestor Gasset or Katerina Gasset right away at 561-753-0135 for a confidential phone interview about your situation.
Don’t Lie About Your HOA Fees- Your Agent, Bank and Title Company Will Find Out
When you are selling your home in Florida as a short sale you still have to pass clear title to your new buyer.
The title company is going to do a search for any defects on your title such as liens from your HOA ( Homeowners Association) or Condo Association.
The title company also has to order an “estoppel letter” from your HOA. This is a document that contains the verified information from your HOA about what you owe and whether you are current or not. It will contain the amount of money that is going to have to paid to the HOA before they will issue a clearance.
When you list your property with a Wellington short sale agent come clean with us on what you owe and to whom you owe it to. If you say that you are current on all of your HOA fees we are passing that information along to the title company who is then going to need to verify if this is true. So why lie? It won’t help you- in fact, in many instances it can come back to hurt you.
In the state of Florida your mortgage servicers are only required to pay up to a certain amount of your delinquent HOA fees. So that leaves the rest on who?
Telling the buyers at the last minute that they are going to have to pay your HOA fees is a great way to kill your short sale.
You are the one that is responsible for your HOA fees. Make sure that you are at least being honest in what you owe and for how long you have not been making your HOA fees.
Remember also, that in the state of Florida, the HOA can foreclose on your house WAY before the bank does!
Contact Nestor Gasset and Katerina Gasset at 561-753-0135 for a confidential phone interview about your option to do a Florida short sale.
In a Florida short sale, the bank is already accepting a big loss on the difference between the unpaid mortgage and the selling price of the short sale home. Banks have more incentive to do a short sale than a foreclosure since they lose more money in a foreclosure.
Because of this, banks will most likely squeeze anything they can out of the seller and not the buyer, since the seller is the one who owes them money.
There are other reasons why banks might demand a seller contribution:
1. The seller has other assets or disposable income. Banks review a seller’s financial statement to determine the seller’s monthly income and expenses . If they see that the seller has some money left over after expenses, or other liquid assets, savings, or disposable income, they will ask for it.
2. The seller refinanced and pulled cash out of their home equity. If the seller pulled out cash from the home to buy an expensive boat or take a luxury cruise, then this is considered by the bank as a temporary setback and the bank may ask the seller to contribute. If the selling price of the home is not enough to satisfy the bank’s required net, the bank may require the seller to pay the difference.
3. The seller does not have a financial hardship. Some banks will agree to do a short sale if the seller has proof of a valid hardship which is permanent but not necessarily financial in nature. However, if the bank sees that the seller still has a strong cash flow, the bank may ask for a seller contribution.
4. Deficiency judgment. In the state of Florida, the banks have a right to pursue the seller for the difference between the sales price of the short sale and the unpaid mortgage balance.
Although banks have the right to ask for a seller contribution, they acknowledge that most short sale sellers do not have that kind of money, or they wouldn’t be doing a Florida short sale in the first place. Banks may accept an unsecured promissory note if the seller does not have sufficient cash to pay for the deficiency or seller contribution. Banks will often agree to non-interest bearing terms and a 3 to 15-year payback of principal.
The process involved in a short sale can be very demanding and here are some helpful tips for Florida short sale sellers to prepare you along the way.
Short sales can be very helpful; however, it can lead to critical consequences when not properly done. Let us walk you through the process, give you all the information you need, and provide you with all the necessary tools with our Florida short sale services.
Call Katerina Gasset at (561) 502-1577 today to get your Florida short sale question answered.
Fannie Mae Artificially Inflating Home Values???? Could it Possibly Be????
Does anyone learn from past mistakes? Does this sound at all familiar to any of us who here in the real estate boom and then the bust???
It appears that Fannie Mae is creating their own values through their Homepath program and through their outrageously laughable counter offers to short sales!
This is market manipulation. This is one of the reasons the real estate market crashed. So is anyone going to learn from the mistakes of the past? Or are they bound to repeat them?
When we list a short sale we make sure to market the property at the fair market value according to comps. All agents should know how to do this.
But Fannie Mae took away delegation authority of appraisals from the servicers and orders their own values. Let’s say we have a short sale that is listed at $189,000. How did we come up with that price?
Well, we take into consideration the solds in that neighborhood of similar properties and we make adjustments to those sold properties based on condition of the property, pool or no pool, lake view or no lake view, etc. That determines the price.
Once a buyer puts in their offer which will most likely in our market be full price at $189,000 we begin the negotiations on the short sale. If the investor on the property is Fannie Mae, they order a BPO on the property.
But the Fannie Mae counter offer comes back at $263,542!!!!!! How did that happen???? Well, ordinarily we would blame the BPO agent whom Fannie Mae ordered the BPO from.
Well, don’t attack the BPO agent so fast!!!
Agents that we know have found out from some of these BPO agents that they were TOLD by Fannie Mae what price to come back with!!!! WTH!!!!!???!!!!
Does this sound familiar to any of you who were in the real estate market back in 2005 and 2006????
Remember the mortgage brokers, lenders and banks were ordering appraisals from their buddies who would come back with appraisals of inflated values? That is why the government decided they needed to make more appraisal regulations. Those regulations included keeping the agents and mortgage brokers away from the appraisers ears. But we know that regulations always have unintended consequences because they are mostly made in haste without much though or sense.
Fannie Mae, according to agents around the country, are telling the appraisers and BPO agents to NOT take ANY short sales or REOs into consideration in their values. So let us get this straight… you have a short sale listing and Fannie Mae does not want that short sale listing to be compared to any closed short sales???? A short sale is a short sale is a short sale…
The average out of whack counter values are about $60,000 difference between list price and appraisal price by Fannie Mae. Fannie Mae is apparently dictating the market values. There just are not that many listing agents and brokers around the country that are 60K off all the time!
Fannie Mae does not want to do short sales and they have made this very clear through purposely inflating the values of the homes. They know darn well that even if the buyer accepts their outrageous counter offers the buyer’s lender is going to order an appraisal and that appraisal will reflect the real market value and the buyer will not be able to get the loan unless they are paying cash for the property.
So when the deals fall apart…. Fannie Mae gets to take the property back into their asset column, cook their books some more and then offer the property up for sale through their Homepath program which guess what!!!! DOES NOT REQUIRE AN APPRAISAL!!!!!!
Now, our next question becomes…. once that inflated market value loan is closed, do the appraisals moving forward on traditional sales and non Fannie Mae short sales reflect those inflated values? Most of the time the appraisers call us and ask us the details on our closed sales when they are evaluating the market value of a property.
Fannie Mae gets to make up its own rules.
Here we go…. again….
Wellington Short Sale Market Report – An Overview from 2007 to 2013.
Wellington Florida is a great place to live and is the first choice of many people moving to Palm Beach County Florida. When the South Florida market took a hit in the beginning of 2007 it affected every town in the tri-county southern part of our state.
We started to list short sale properties at an increased pace starting in September of 2007. There were a lot of short sales in 2008 through 2010. In 2011 Wellington was getting back up and prices started to stabilize. But of course, there were still many homeowners over 50% under water. You could easily find 200 short sale listings back in 2008 and 2009. In 2012 the market turned around and the prices started to go up again but not at the toxic pace from before the bust.
Today we are down to only 19 short sale listings for sale in Wellington. That is a huge drop.
There are three reasons for this:
1. The market has turned and so people are deciding to keep their homes and not selling them even though they are upside down. After all, a home is a home. It is not just an investment to many families and retirees.
2. Many homeowners have not paid their mortgage payments in several years, some upwards of 4 years and still get to live in their homes. This is going to stop soon because of new legislation to help speed along the courts processing the foreclosures. But of course, when there is no incentive to list a home as a short sale when you can wait it out as long as possible and save up your money to move.
3. The banks are not foreclosing on homes as fast. Wellington has a tough code enforcement division and the banks don’t want to pay the city for all the fines and code violations that REO properties are known for.
The highest priced short sale is listed at $1,499,000 on Sea Mist located in Palm Beach Point- an awesome equestrian gated community with homes on 5 acre lots.
The lowest priced short sale is listed at $179,900 and is an approved short sale that was just put back on the market in an older area of Wellington.
There are two short sales available in Buena Vida a 55+ community in Wellington. This is very unusual to have a short sale in Buena Vida. One home is listed at $350,000 and the one is listed at $280,000.
The Isles of Wellington is another nice gated community. There is one short sale available and it is an approved short sale. This home is listed at $325,000.
There are only three short sales now listed in Olympia of Wellington. Now that is the lowest number of short sales in Olympia in years! Olympia was the short sale factory as well as heavily dominated with REOs. This is because so many people bought on speculation in Olympia. Many people including agents bought 6 to 7 homes pre-construction and flipped the properties before they were built. But many people got caught holding the bag. They could not sell those properties when the bust happened. It appears that Olympia has come out of that phase and is now doing well.
Should I Short Sale My Wellington Home?
This is one of the most frequently asked questions and also one that receives the most judgmental responses. There are many reasons why a homeowner would choose or should choose to short sale their Wellington home. Some may be laid off from work and can no longer afford their payments while others are looking at their savings- having watched it all get depleted through loss of equity in their Wellington FL home. These homeowners can no longer accept throwing their money down the drain so to speak. These are all considered in the decision of short selling your Wellington home.
The first thing you need to ask yourself and go over in your family meeting is your budget. Are you laid off from your work? Are you unemployed? If so, what are your job options and how realistic is it that you will get a job or start a business where you will be able to keep making your mortgage payments or where you can catch up if you are late.
How far behind are you on your mortgage payments if you are behind? Have you been turned down for a loan modification with your lender? If you do short sale your home, where are you going to move? Sometimes we have helped a homeowner discover that paying rent to a landlord will cost them more and get less space then trying to figure out a way to keep their home. In that situation it is not in the homeowner’s best interest to sell their home as short sales.
Do you own properties that are your investment properties but the rents are not making the mortgage payments because of the real estate market crash?
Are you thinking about just walking away from your home or property and leaving the keys on the table?
These are many of the questions that are constantly being tossed around in a homeowner’s mind here in Wellington Florida and other places in Palm Beach County.
Most of the time doing a Wellington short sale is better than having a foreclosure against you and the judgment that the banks are entitled to after the foreclosure.
Did you know that there are some programs that you may qualify for where your lender will give you up to $20,000 in some cases and in many cases at least $3000 to help you relocate?
We can not promise that you will qualify for one of these incentive programs but the call to us is totally confidential. We will have a short sale intake evaluation with you over the phone and go over your foreclosure options with you. Call Nestor Gasset or Katerina Gasset at 561-753-0135 today to get your short sales questions answered.
Short Sale update- mortgage cancellation relief is extended for one year to January 1, 2014.
On January 1- the Senate and the House passed H.R.8 which is the bill to deal with the fiscal cliff.
So we have another year to be doing short sales with the mortgage balance being forgiven for tax purposes. In reality the debt relief act did not apply for IRS purposes to investors and second home owners. Most homeowners who are losing their homes are insolvent anyways so the IRS debt relief is not a huge benefit to them. It is used more as a political angle for special interest groups.
In other real estate related taxes as part of the new legislation there were a few changes:
There is a deduction for mortgage insurance premiums for income tax filers who make below $110,000. The deduction for mortgage insurance premiums is extended through the end of the year of 2013 and it’s also retroactive to cover 2012. New
Leasehold improvements for qualified leaseholds on commercial properties – 15 year straight-line cost recovery has been extended to the end of 2013 and made retroactive to cover 2012.
The energy efficiency tax credits for homeowners who make energy improvements on their existing homes is extended to the end of 2013 and made retroactive for the year 2012 with a tax credit of 10% up to $500.
Now here come my liberty busters and you will get some of my commentary here to:
There’s a permanent repeal of the “Pease Limitation”. Under the new H.R 8 legislation the agreement permanent repeals the limitations that reduce the value of itemized deductions except for it has been reinstituted for high income filers.
The high-income filers are those who make more than $250,000 and joint income tax filers who earn over $300,000. These are also going to be indexed for inflation and they will rise over time. The amount of your adjusted gross income above the threshold is multiplied by 3%. This amount is then used to reduce your total itemized deductions.
My biggest question always comes about taxation – is it fair to charge some people more taxes than other people? And why? What is there in our constitution that states that people can be treated differently based on their production? The biggest problem with this provision is that married couples are basically punished because if they were instead single people living together filing separately they could each get a $250,000 threshold for a total of $500,000 instead of $300,000. Again, I am married and would like to have equal benefit as two roommates living together but I don’t want special treatment. Just treat everyone equally.
Now in a lot of places in the country a couple would be living very well with the family of four at $300,000 annual income but they certainly would not be considered rich in most of the urban cities of this country. In fact, after they pay their state taxes (which we do not have in Florida) they are already being taxed at 60%. Do the math. Living in Manhattan with a family of 4 is not going to get very far on $120,000 annually to live on. I have not even gone into running a small business. That is a whole other topic of which I can discuss from experience on.
The only fair tax is a fair tax and that’s certainly not going to be implemented anytime soon.
Capital gains. Capital gains rate is going to be staying the same at 15% for those individuals up to $400,000 and $450,000 for joint filers. After that amount the gains will be taxed at 20%. For real estate capital gains the 250/500K exclusion for sale the process principal residence remains in place.
My opinion is that the money you invested is money you already paid tax on, so in essence, you are getting double taxation on your investments. I think this is cooked up by the banksters, wall streeters and the politicians to try to force you to keep your money in your investments because before you take it out, you are going to think twice. But for retired people they don’t have a choice. This is a huge disservice to retired people. Again, this is not treating everyone fairly in our tax structure.
Again we’re treating different people differently which is very unfair and is punishing people who want to take proactive measures for their own retirements and their own wealth.
The ever popular and unpopular estate taxes you are taxed when you die. Your family has to pay taxes when you die on whatever you left behind under these circumstances.
The first $5 million in individual estates and $10 million for family estates are now exempted from the estate tax. So we made a little bit of progress there but again we are not treating people fairly across the board and equally as Americans.
Anything over $10 million will be taxed at the rate of 40% up from 35% and those exemptions are going to also be indexed for inflation.
Needless to say I am not happy at all about the H.R.8 legislation. I believe there are too many special interests involved and too many people wanting to get back scratched along with government not making sound spending cuts and not working on the deficit. There is a total lack of responsibility on the part of our leaders. For every $42 in spending they are getting they are only cutting $1 of spending! DO THE MATH!!! How does that equate to financial responsibility. I would be out of business if I ran my business like that.
I am sure that NAR is happy with the outcome because they are a special interest group that lobbies for real estate interests. But whenever you get into I want this, the other side says, but I want this. As long as government makes deals with special interest groups and their cozy pals in big companies nothing will be fair. But if NAR really stands for “under all is land” and we must protect private property then NAR needs to stand to protect ALL private property. Taxation on private property especially real property violates the very principles of private property rights.
authored by Katerina Gasset
Home Affordable Foreclosure Alternatives HAFA Program
The U.S. government created the HAFA program for homeowners in danger of losing their homes to foreclosure.
The HAFA program is known as the Home Affordable Foreclosure Alternatives Program. HAFA is the acronym for this program.
If you can no longer afford to make the mortgage payments on your home this program might help you. The good part about the HAFA program is that IF your mortgage lender participates in the HAFA program you MAY be eligible for up to $3,000 in relocation money given to you at the closing of your short sale or deed in lieu.
Please note that NOT all lenders participate in HAFA nor do they have to. It is a voluntary program for lenders. All the major big lenders to participate as part of an agreement they made with the government when they got their bail out money.
If you have more than one mortgage on your home both of your lenders must agree to participate in HAFA. Many times your second lien holder is not going to be so amiable but that depends on how much you owe them.
Doing a Florida short sale is a way to participate in the HAFA program. Another benefit of the HAFA program is that you will no longer be responsible for the remaining amount that you would owe your lender. When you do a short sale you still owe the difference between what your mortgage amount is and what you sell the house for. HAFA terms require your lender to release you from any obligation to repay that amount of money and also relieves you of them coming after you later for a judgment.
Doing a short sale has less impact on your credit score than a foreclosure. Very seldom is a foreclosure a better option than a short sale.
The bad part is there is government red tape involved which can drag out the process. If you do not turn in one document within their time frame they can and do many times turn down your HAFA eligibility. This is very important to understand. This is also why it is very important for you to choose a Realtor® who is experienced in listing and negotiating short sales.
You can learn more about the HAFA program on the Making Homes Affordable .gov website.
Contact Nestor Gasset and Katerina Gasset for further information about the HAFA program and if it the right fit for you at 561-753-0135. This is a free confidential call. The call is not recorded. We will go over your foreclosure options so you can decide the best course of action to take for your own individual situation.
Wellington Short Sales Market Report – August 2012
In Wellington Florida currently there are 200 homes on the market. The inventory is down from last month by over 100 homes for sale.
The market in most price ranges in Wellington has certainly turned into a sellers’ market.
There are 47 homes listed as short sales in Wellington right now. So these homes, most of them will get multiple offers on them.
If you were waiting for the right time to buy or were waiting for the market to hit bottom, well, the bottom of the market is when you can see it in your rear view mirror. That time has gone.
Buying a home now is the best time to buy because there is only one place for home prices to go now and that is up. The law of supply and demand.
If you need to sell your home as a Wellington short sale now may just be the perfect time to do so. This is because you will be getting the highest and best price for your home which means your lender is more apt to work with you on your short sale.
The debt relief act is running out in December of this year also. You will want to get your home on the market and close before December 31st of 2012.
Contact Nestor Gasset and Katerina Gasset at 561- 753-0135 to list your home as a short sale in Wellington.