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Archive for the ‘South Florida’ 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?

Is there a Silver Lining for Florida Condo Market?

August 31st, 2010

By Mark Schecter | 1 Comment »

Here’s a video from Condo Vultures on buying condo units in Florida for the price of a luxury car:

There is an old proverb that says: “Every cloud has a silver lining.” The same may be true when it comes to Florida’s condominium market.

For many years, we looked on as the market grew. While new communities were being developed on nearly every corner, the trend of converting apartments to single-family condo units also picked up steam.

There are several factors, including low interest rates and high demand that contributed to the phenomena we witnessed. But many of those same factors are responsible for the condition of the market today.

Despite the doom and gloom, there is a possible silver lining. The market’s oversupply benefits future condo buyers. There is a huge selection of units to choose from, so you are more likely to find what you are looking for. And, as the prices continue to fall daily, you are almost guaranteed a bargain.

If you are able to buy, now is a good time to secure that single condo unit (or invest in an entire community).

Do you have any silver linings you want to share? Add them in the comments section below.

3 Reasons to Buy a Pre Foreclosure Property

August 11th, 2010

By Mark Schecter | No Comments »

pre-foreclosureA pre foreclosure is a property that is only steps away from being repossessed by the mortgage lender.

While the foreclosure process is ongoing, the homeowner is allowed to live in the home and make decisions to sell the property.

In most cases, if the homeowner is willing and able to bring his mortgage current, the lender is eager to stop the proceedings and allow him an opportunity to stay in the home.

However, sometimes the owner cannot afford to keep the property and must sell as quickly as possible.

Here’s why you may want to consider buying pre-foreclosure:

Price

Pricing is a major benefit when it comes to buying pre-foreclosures. Because the homeowner is forced to sell the property to prevent losing it, he or she are more inclined to consider prices that are substantially lower than the property’s actual value.

It is not unusual to find a pre-foreclosure property at half (or less than half) of its value.

Timing

Florida’s real estate market is saturated with a huge supply of pending foreclosures.

If you are able to get a loan, now may be a great time to buy prime, upscale real estate as homeowners continue to drop prices.

Negotiate with Property Owner

You can negotiate directly with the property owner when you’re buying a pre-foreclosure. This gives you an advantage.

You have leverage to negotiate a good deal and the homeowner has an incentive to sell the property fast to prevent losing it to the mortgage company.

Find Pre Foreclosures

You can start your search for pre-foreclosures in the same places you would look for other properties.

Search the Internet. Browse the local newspapers. Visit the foreclosure courts in and around your county.

If you need help locating pre-foreclosures, call 954-779-7009 or email our  real estate lawyers today.

Buying Foreclosures in Upscale Communities

August 6th, 2010

By Mark Schecter | No Comments »

Beautiful Home, St. Pete, FLWhile Florida’s real estate market attempts to recover from the historic crash, a large number of properties remain in the foreclosure process.

From April to June 2010, about 14,500 foreclosure actions were filed in the Florida courts, but only a percentage of those properties are inhabited by the homeowners.

Others that remain vacant may be promising opportunities for investors or families looking to move.

The foreclosure process can take months to complete and with the current backlog, it may take longer.

In some cases, the lender and homeowner must sit for mediation in hopes of avoiding the foreclosure. And although the goal is to mediate within 120 days, that doesn’t always happen. If the two sides cannot reach an agreement, the process continues until the lender succeeds at repossessing the property. A judgment is then entered and the foreclosure sale is scheduled.

If you have thought about buying another home, now is a good time to consider foreclosures. (Perhaps it’s great timing to buy into that upscale community you love!)

You don’t have to wait to buy from the banks. You can buy your dream home and at a fraction of its actual value.

If you are a property investor, upscale foreclosures are a good way to diversify your real estate portfolio.

Like most investors, you want to buy properties that will increase in value and be worth more than you paid when you’re ready to sell. If you find the right foreclosure at a good price and in a nice community, when the market rebounds you can sell it for significantly more than you paid.

Or you can rent the property as there is a demand for rentals throughout the South Florida area.

Are you looking to relocate? Have you considered buying a foreclosure?

Before you start your search, contact our real estate lawyers for help finding foreclosures in upscale communities.

Image credit: EPI Photography

Foreclosure Rates and Mandatory Mediation in South Florida

August 3rd, 2010

By Mark Schecter | No Comments »

Recent reports by RealtyTrac and Condo Vultures indicate the foreclosure crisis is still haunting Broward, Miami and other South Florida areas… but perhaps, not as much as it did in 2009.

In the second quarter of 2010, RealtyTrac – a California based research firm – reports that Florida is rated the 10th highest for foreclosures, in the company of Arizona, California and Nevada.

The Miami metropolitan area alone has nearly 4 percent of its homes in the foreclosure process, and Orlando is rated 8th in the nation.

Dealing with massive backlogs

The Florida courts have been overwhelmed trying to deal with a massive backlog of cases.

Broward County is currently seeing approximately 500 new foreclosure cases filed each week. Of those, more than one-third are not occupied by homeowners and remain vacant and susceptible to vandalism.

The county recently introduced mandatory mediation in hopes of thinning out its backlog of more than 50,000 cases. Palm Beach later followed suit and started a mediation program of its own.

Thanks to a mandate passed by Florida’s Supreme Court, you can expect more state courts to institute mediation programs similar to Broward County’s. However, the mediation programs are mandated for homes that owners reside in and not investment properties.

While lenders cannot be forced to restructure home loans, they are encouraged to communicate and hopefully reach an agreement that allows the homeowner to remain in the property.

Is the market recovering?

Despite the seemingly dismal news, a recent report by Condo Vultures indicates that the current foreclosure rate in South Florida is down nearly 50% compared to this time last year.

From April to June of 2009, banks commenced more than 28,000 foreclosure actions, compared to approximately 14,500 from April to June of 2010, according to the report.

The drop in foreclosure filings can be attributed to two primary factors. One, the costs associated with repossessing a property versus a short sale, is significantly more. Lenders are more inclined to agree to short sales whenever possible.

Two, the recent law changes mandating mediation of properties under homestead exemption has increased the time necessary to complete the foreclosure process because lenders now have to work with homeowners. The process that once took a couple of months to complete, can now take several months to years to finalize.

If you are dealing with foreclosure, contact our real estate lawyers today. You can use this form to email or call us at (954) 779-7009.

Sources: Realty Trac, Condo Vultures

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

Can you Demand a Refund of your Condominium Deposit?

July 21st, 2010

By Mark Schecter | 1 Comment »

South Florida condominiums, Hallandale Beach, FLFor years, Florida’s condominium market grew at a rapid pace. Developers constructed new communities on nearly every corner. Many old apartment buildings were gutted and converted into upscale condos and sold as single units.

Several factors contributed to the growth, including low interest rates and a high demand for Florida properties. This led many of you to enter contracts and pay deposits on condominium units that are still under construction.

Well, much has changed since that time.

Those once low interest rates have risen. The demand for condos has dropped and supply is through the roof. Several construction projects have stalled and you are left without your deposit.

Interstate Land Sales Full Disclosure Act (ILSFDA)

In Florida, it is not uncommon for you to wait three or more years between signing the purchase agreement and closing on a condominium.

The good news is the ILSFDA, passed by the Congress in 1968, was put in place to protect you from fraud, misleading promises, and long waiting periods between the contract signing and closing.

Under ILSFDA, the developer has the burden of full disclosure, and can face civil liability if he or she engages in fraudulent or misleading actions.

If you have signed a contract to purchase a condo, you may be entitled to a full refund of your deposit provided that the transaction is subject to the requirements of ILSFDA.

Next week, we will discuss the Florida courts’ opinions on the ILSFDA and condominium deposit recovery. Subscribe to our feed to be notified when the new articles are published.

South Floridians Involved in Mortgage Fraud Ring

June 19th, 2010

By Mark Schecter | 1 Comment »

South Florida Business Journal is reporting that federal authorities have arrested 485 people nationwide that are allegedly involved in a massive mortgage fraud ring.

This three-month operation is being referred to as the “largest crackdown” in U.S. history.

Of those arrested, 86 people in Florida are responsible for nearly $80 million of the fraudulent mortgages. Many of those charged are accused of falsifying documents to secure loans.

President Obama’s Financial Fraud Enforcement Task Force – a group of 21 agencies launched in November – is heading up the operation.

The agencies are expected to enforce nearly 200 civil actions to recover nearly $150 million, in addition to the criminal charges.

Other criminal actions in South Florida include:

“Eleven defendants, including a mortgage broker a real estate broker, a loan processor, and eight straw buyers, were charged in a scheme to defraud nine financial institutions of approximately $11.25 million in fraudulent loans on 15 residential properties.

Thirteen defendants, including a loan officer, a title agent, recruiter, and straw buyers, were charged in a mortgage fraud scheme that resulted in the approval and disbursement of approximately $16.9 million in fraudulent mortgage loans, causing losses of $9.7 million to the lender.

Four defendants, including a mortgage broker, a loan processor, and a straw buyer, engaged in a $2.5 million mortgage fraud scheme to purchase properties in Broward, Palm Beach and Lee counties.”

Read more here…

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.