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Archive for the ‘Residential’ Category

Deciding to Rent Instead of Buy

September 24th, 2010

By Mark Schecter | No Comments »

leaseNot long ago, many people considered buying real estate part of the American Dream. It was a goal that most everyone looked forward to.

That was before the most recent market crash.

Now, more and more people are starting to think they are better off (at least, financially) renting instead of buying.

This departure from the past is picking up steam, even throughout Florida.

Even renters who are able to qualify for mortgages feel as though they are getting enough home for their money when they rent.

In some instances, people are opting to pay just as much as (and sometimes more) than a mortgage payment.

3 Reasons for the Shift

1)    Some renters are holding off on buying because they are concerned that prices still have not hit their lowest points. If they purchase a home today, it may be worth less in a few months. Thus, they are waiting to see how the market recovers and home values stabilize.

2)    Other renters are foregoing buying because of the responsibilities that are involved in owning a home. In Florida, many homeowners are still trying to recover from damage caused by hurricanes, floods and other disasters that insurance did not cover.

3)    Homeowners that are reluctant to sell due to the present market are also contributing to the shift. While they hold off on selling and wait for the market to recover, a growing number are offering their homes for rent.

Due to this recent shift, real estate experts are realizing that today’s market is no longer just a buyer or seller’s market. Instead, it is becoming more of a renter’s market.

Have you witnessed this growing interest in renting?

Does your Florida Condominium Fall under the Exemption Rule?

July 27th, 2010

By Mark Schecter | 1 Comment »

Florida CondoDays ago, we discussed condominium deposit refunds – an issue that many Floridians face when trying to purchase condominiums.

As mentioned in the previous article, the Interstate Land Sales Full Disclosure Act (ILSFDA) was put in place to protect you from a number of issues related to property purchases. This includes:

1) False, misleading promises made by the developer to convince you to sign a purchase agreement;

2) Failure to complete construction of the condo within the time allowed by the contract; and

3) Fraudulent actions committed by the developer in violation of ILSFDA.

While a major purpose of ILSFDA is to protect buyers, there are also instances where the developer’s property is exempt from the regulations of ILSFDA.

The Florida courts have addressed the issue of exemption on numerous occasions – recently in Lewis and Lori Gold v. 200 East Partners, LLC.

In 2008, Lewis and Lori Gold signed an agreement to purchase a condominium unit in the 200 East Palmetto Park community.

The building was still under construction when the contract was signed and was set to contain 115 residential units.  The condominium project fell under the requirements of ILSFDA as interstate commerce and mail was used to advertise and sale the units.

The developer sought exemption for the first 99 units, and later built the remaining condominiums – which did not fall under the exemption rule.

According to the ILSFDA, if the property does not fall under the exemption rule, the developer must provide the buyer with a written property report prior to the signing of the purchase agreement.

In Golds, the court decided that because the developer did not perfect an exemption for the lot prior to execution of the contract, and failed to provide the Golds with a printed property report, it violated the ILSFDA. The Golds were able to get out of the contract to purchase and received a refund of their deposit.

Does your condominium fall under the exemption rule of ILSFDA?

Contact our real estate lawyers today. You can use this form to email or call us at (954) 779-7009.

Image credit: arnet117

Florida Title Examinations and Title Insurance FAQ

July 19th, 2010

By Mark Schecter | No Comments »

title insurance

What is a title?

A title legitimizes your ownership rights in a property. If the title is free of any blemishes, it’s considered a “clear title.” If inconsistencies or other problems are found, the title may be deemed defective.

What is a title examination?

Before you buy any real estate, it is imperative that you have a thorough title examination performed. This will allow you to confirm you are buying a property that has a clear title that can be conveyed without difficulty.

A title examination also reveals the history of ownership (known as the “chain of title”) for the property. Each time a Florida property is sold, the purchase is recorded as public record in the county court. The chain of title will reflect every time the property was bought or sold.

Can a title be transferred from one person to another?

Yes. There are several ways a title to a property can be transferred. Most often, a written deed is used to change ownership from one person to another. Other ways a transfer can take place is through inheritance, a court order, and a will.

What is title insurance?

Title insurance is an insurance policy that protects the real estate buyer and the mortgage holder against loss caused by defective titles, liens, or encumbrances. Most mortgage lenders in the United States require the buyer to purchase a title insurance policy that will protect the lender’s interests in real estate loans.  A title insurance policy will cover the property indefinitely – until the ownership changes.

Who needs title insurance?

Title insurance protects both the property buyer and lender from liabilities that can stem from a defective title. However, federal law – specifically the Real Estate Settlement Procedures Act (RESPA) – establishes that the buyer has a legal right to pick a company to insure the title.

Our Florida real estate attorneys routinely provide title examination and title insurance for residential and commercial clients. This includes an extensive search of the public records to confirm there are no adverse claims or other defects in the property’s title.

Contact our real estate lawyers today to protect your commercial and residential property. You can use this form to email or call us at (954) 779-7009.

Renters Affected by Rising Foreclosure Rates

June 3rd, 2010

By Mark Schecter | No Comments »

rentalHomeowners are not the only people affected by the rising foreclosure rates.

In some parts of Florida, renters are also experiencing problems as a result of default mortgages they have no control over.

As a renter, you are not responsible for a mortgage but your landlord is. If he is unable to pay the mortgage on the rental property, the loan will go into default and the bank can take the home back from the landlord.

You can find yourself facing eviction with limited time to vacate the property.

This can cause a tremendous amount of stress as you struggle to not only locate a new home, but come up with the cash needed to satisfy the deposit.

In addition to sudden evictions, Florida residents in some locations are seeing a rise in rental prices.

A number of factors contribute to the rising costs, including the fact that many renters are waiting for home prices to bottom out before making a decision to buy. And as the demand for rental properties increase, the prices do too.

Although the market is showing signs of steady improvement, lenders have tightened their restrictions and now require close-to-perfect credit and larger down payments.

If you’d like more information about leasing residential (or commercial) property, contact our Fort Lauderdale real estate attorneys today. You can use this form to email or call us at (954) 779-7009.

Property Investors Buy Foreclosures in Broward County

May 5th, 2010

By Mark Schecter | 1 Comment »

notice-foreclosure-mdRealtyTrac is an online resource that provides information on foreclosures in Broward County, Florida and throughout the US.

According to recent statistics, real estate sales are up in Broward, mainly in the Fort Lauderdale area. In March 2010, approximately 3200 properties were sold; compared to 2200 in February. And, the average property price of $143,000 is up from $137,000 in the previous month.

Despite the increase in real estate sales, Broward County’s commercial (and residential) markets remain saturated with vacant foreclosures and unbeatable deals. Most of these deals can be found in Fort Lauderdale, the largest incorporated city in the county.

If you are a property investor looking to buy a property in foreclosure, Fort Lauderdale is a good place to start your search. But before you invest any capital, you should understand the foreclosure process so you can catch the properties with the best deals.

There are 3 steps that occur during the foreclosure process:

Pre-Foreclosure: During this period, the property owner is behind on mortgage loan payments but no legal action has been taken to start the foreclosure process. At this time, the property owner is more inclined to consider offers to avoid foreclosure and save their credit rating.

Notice of Default:
This is the first step that initiates the foreclosure process.

Sale: If you fail to prevent the foreclosure, the lender will eventually be able to take the property. The length of time the process takes to complete is determined by the state you live in.

In Florida, once a judgment is reached the foreclosure sale is scheduled to take place on the courthouse steps. In some states, the property owner may be given an opportunity to get the property back. This is known as the redemption period, but is not applicable in Florida.

Buying commercial foreclosures and other real estate is a complex and tedious process. Our Fort Lauderdale real estate lawyers can help you navigate the purchase process and find the right property for you. Contact us today to start your search for commercial foreclosures.

Buying foreclosures and other real estate is a complex and often tedious process. The Fort Lauderdale real estate lawyers of Schecter Law can help you navigate the purchase process. Contact us today to start your search for commercial foreclosures. You can use this form to email or call us at (954) 779-7009.

South Florida Real Estate News: Week Ending February 26

February 27th, 2010

By Mark Schecter | No Comments »

Mortgage Fraud Summit in South Florida

The first mortgage fraud summit will take place in South Florida. The Financial Fraud Enforcement Task Force chose Florida because it is among the worst states in the nation when it comes to the mortgage fraud crisis. According to a recent report from U.S. Financial Crimes Enforcement Network, South Florida is number one for residents involved in mortgage fraud related activity.

The agenda of the summit lists not only fraud schemes, but also predatory lending and other criminal acts against current and future Florida homeowners. Currently, there are 23 task forces at work in our nation and 67 mortgage fraud groups.

Read more…

Hundreds Turn Out for Mortgage Modification Seminar

During a recent loan modification seminar, the Palm Beach County Convention Center was extremely busy and packed with homeowners desperately trying to modify their mortgages. There were people from Florida, the west coast and mid states in attendance.

Many homeowners are feeling the financial pressure and attended the seminar to get answers to their questions along with some sort of relief from the steep prices and terms that they have to deal with.

Some lenders’ failure to be straightforward with their clients and discuss their options has led many homeowners to seek help through seminars and conventions. Although travel costs can be expensive, the end result may be worth it if these individuals are able to modify their mortgages and/or discover better options.

Read more…

Florida Cracks Down on Home Loan Rescue Companies

State regulators in Florida are cracking down on unlawful loan mortgage rescue companies. Several operations in South Florida have been ordered to stop their practices immediately due to recurring illegal activity.

As of January 1st 2010, loan modifiers, originators and lenders were all mandated to have a state mortgage broker’s license. As for upfront fees, they have been prohibited since 2008 although some businesses continue to operate by disobeying these laws. This is a welcome enforcement that will likely ease the minds of South Florida homeowners.

Read more…

South Florida Real Estate News: Week Ending February 20

February 20th, 2010

By Mark Schecter | No Comments »

foreclosurenextexit

Foreclosure Rates in Florida Continue to Rise

It is no secret that Florida leads the nation in foreclosures. We’ve discussed foreclosures on this blog here and here. In 2009, Florida had its worst year on record for foreclosures in the region. By the end of 2009, the foreclosure rate was up 44% higher than the previous year.

The Mortgage Bankers Association of America recently released a quarterly survey showing a decline despite small improvements around the nation. This latest news has some people worried about the alarming statistics, while others remain hopeful that this foreclosure crisis will turn around.

Read more here

Help for Fort Lauderdale Homeowners Facing Foreclosure

Chase is hosting a five day Homeownership Assistance Event in Fort Lauderdale from February 25th through March 1st to discuss options available to struggling homeowners that are facing foreclosure.

Chase hopes to provide needed solutions to current problems. This is good news for those that are finding it difficult to make timely house payments.

This five day event will be held at the Embassy Suites Hotel at1100 SE 17th in Fort Lauderdale from 8 am until 8 pm each day. For more information, interested parties should review this article.

Read more here

Should Condo Associations Give Owners Notice Before Assessing Penalties?

Condominium associations have been in the news recently as some condo owners grow impatient with other owners that, despite being delinquent on their association and maintenance fees, continue to enjoy and benefit from the same luxuries as those that pay their dues on time.

As discussed last week, two bills (House Bill 329 and Senate Bill 1196) were introduced that if passed would assess penalties on condo owners that fall behind in their association and maintenance fees. These bills have been gaining support since they became public knowledge.

In response to these bills, delinquent owners have been striking back alleging that it is unfair to punish or restrict them without proper notice. They have introduced a new bill to protect the delinquent condo owners. Bill S.B. 968, if passed, will force condo associations to send out notices to delinquent owners before any penalties can be lawfully enforced against the owners.

The two sides of this issue are definitely heating up. We will keep you posted of any developments.

Read more here

What is a Pre Foreclosure?

January 26th, 2010

By Mark Schecter | 1 Comment »

We have discussed the benefits of purchasing commercial and residential foreclosures in South Florida on this blog before. Today, we will discuss pre foreclosures and how they may be a good option for both commercial and residential buyers.

What is a Pre Foreclosure?

A pre foreclosure is a property that is near the end of the foreclosure process and is only steps away from being taken by the lender. Until the process is complete, the property owner can continue to reside in the home and make other decisions regarding the home as it remains in their possession.

In most situations, if a property owner is willing and able to bring their mortgage arrearage current prior to completion of the foreclosure process, the lender is more than happy to cease the proceedings and allow the owner an opportunity to keep their property. However, there are situations where the owner cannot afford to keep the property and must sell quickly.

How to Find Pre Foreclosure Properties

You can begin your search for pre foreclosures in the same places you would look for foreclosed properties. Check the local newspaper, the Internet and contact the mortgage lenders directly. When you compare foreclosed properties with pre foreclosed properties, you may find that there is less competition involved with pre foreclosures.

Need help navigating the real estate purchase process? Contact the real estate lawyers at Schecter Law.

Tips to Help Sell your Home in the Current Market

January 15th, 2010

By Mark Schecter | No Comments »

Many real professionals are advising homeowners to hold on to their homes (and mortgages), and wait before trying to sell their property in the current real estate market. There are certainly many reasons this type of advice is given. The market in most areas remains oversaturated with inventory, prices have not stabilized and as a result, are continuing to decline substantially.

The housing market is not expected to rebound considerably for at least several months or maybe years. In many locations, it could be years before the real estate markets begin to stabilize. Thus, the common advice is that you should not attempt to sell your home in South Florida’s current real estate market; instead, you should wait for the market to stabilize and housing values to creep up again. 

forsale-sign

Although this seems like sound advice, it’s not for everyone. There are times when homeowners cannot afford to wait to sell their homes. In many instances, it is becoming more and more difficult to make their monthly mortgage payments and they are facing foreclosure due to layoffs and continued unemployment. In these cases, it may be in the homeowner’s best interest to sell their property as soon as possible.

If you are a homeowner trying to sell your property in the current real estate market, there are a few things you can do to make your job a lot easier.

Are home improvements necessary?

Years ago, the experts would tell you to renovate your home and add a few “extras” before putting it on the market, in hopes of increasing its value. The same is not the case today as we’re in a different climate. There are times you may have to repair and possibly renovate an area of your home to make it more attractive to a buyer; however, you should tread cautiously when doing so.

The most common mistake that many sellers make when trying to sell their home is adding the cost of remodeling to the sales price. This is risky because in the current market, there is no certainty you will be able to recover the money you invest in the renovation from the buyer.

Many experts today are pointing out simple things that buyers can do to make buyers more interested in their homes. That includes making sure it is clean, neat, clutter-free and presentable for prospective buyers. 

Before you begin making improvements to your home to increase its value, it may be a good idea to seek professional advice. This can help you decide where you should spend your money to get the most out of your investment. In most cases, this can include new paint and flooring, however, this can vary depending on the market you’re in.

Should you take care of the home inspection?

In the past, sellers would typically wait until there was a contract on their home before having it inspected, and would require the buyer to pay for said inspection. In today’s market, smart sellers are being more proactive and having their homes inspected prior to placing them on the market. This saves the buyer the cost of the inspection, gives them a peace of mind, and will help set you apart from all of the other sellers in your area.

Do you have tips about selling your home in the current market? If so, please share them with me and my readers in the comments section below.

Extension of $8000 Tax Credit for First-Time Home Buyers

October 31st, 2009

By Mark Schecter | No Comments »

home-for-saleEarlier this year, lawmakers passed an $8000 tax credit for first-time home buyers. As the tax credit gained popularity, first-time buyers began taking advantage of the credit which resulted in a welcomed increase in the number of home sales.

In August 2009, the National Association of Realtors (NAR) reported that for the first time in five years, real estate sales increased for four consecutive months. Home buyers are not only using the tax credit to purchase new properties, a large amount of foreclosures and distressed properties are being purchased as well.

As the November 30th deadline approaches, home builders and real estate professionals are concerned that home sales will drop. They, with the help of NAR, are urging lawmakers to extend the $8000 tax credit to give more people an opportunity to purchase homes.

Majority Leader Harry Reid, Chairman of the Senate Finance Committee Max Baucus, and other top Democrats are pushing a plan to extend the tax credit deadline for first-time home buyers from November 30, 2009 until March 31, 2010. Their plan counters a bipartisan plan that’s aiming to extend the tax credit until June 30, 2010, increase the income limitations, and offer the credit to all buyers, not just first-timers.

There is a possibility the Reid and Baucus plan will be presented to the Senate for a vote in the next few days. We will keep you posted on the tax credit extension.

Update (as of November 9, 2009):

On Friday, November 6, 2009 President Obama signed into law an extension of the $8000 tax credit. Now, first-time home buyers have until April 30, 2010 to take advantage of the extended $8000 tax credit. In addition to the extension for first-time home buyers, a tax credit of $6500 will be available for current home buyers that have been waiting patiently for the right time to purchase a larger home.

With the new law, the income limits have been increased substantially, by nearly fifty percent (50%). Married couples making less than $225,000 and single individuals making no more than $125,000 will be eligible for the new tax breaks.

You can compare the details of the initial and expanded tax credits here.

Read the NAR’s article regarding the tax credit extension to first-time and current home owners.

And, listen to NAR President Charles McMillian’s podcast announcement here.